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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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betrayed

Who Lobbied Against The Right To Have A Attorney

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You bet!

Mark Lippman:....I just Googled Mark Lippman BVA...There might be more of his cases there and even at the CAVC.

I dont have time to read these.

Citation Nr: 1409402 Decision Date: 03/05/14 Archive Date ...
www.va.gov/.../1409402.txt
United States Department of Veterans Affairs
REPRESENTATION Appellant represented by: Mark R. Lippman, Attorney at Law ... REMAND As noted above, the Veteran was afforded a BVA hearing in ...
Citation Nr: 0322771 Decision Date: 09/04/03 Archive Date ...
www.va.gov/.../0322771.txt
United States Department of Veterans Affairs
REPRESENTATION Appellant represented by: Mark R. Lippman, Attorney ... A BVA decision dated in March 2002 again denied the benefit sought on appeal.

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I wonder is state VSO's lobbied for it too...

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A problem you may run into is that lawyers are going for the low-hanging fruit so, if your claim is more complex or less likely to be won, you might have a hard time finding an attorney who will take your case.

I am running into that even though I might pay just for advice beyond what i can comprehend from online sources.

VA's list of approved representatives is extensive but I don't understand why your rep must be on there. What if I was in a position to have TBird, Berta, Carlie etc to rep me before the board?

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About six years ago I found a lawyer who took my CUE claim. I bet he is sorry now since we lost at CAVC. However, he did take it to real Court for all the good it might do. His ego got involved and overcame his brain and money appetite.

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Here is the scoop. It may help a Vet who is on the fence about hiring an attorney. Major VSO's are good for some things like fund raising, providing a veteran a place to get some alcohol and conversation with other vets. They do have attorneys working for them.

These folks are mandated by law not to charge veterans for claims representation. This mandate has really made it difficult for the VSO's. You cannot charge a veteran.

They have no incentive to help a veteran. Just a sore chest from beating it after a win.

An attorney does have an incentive as you must pay him. EAJA can get the attorney paid if the case goes to federal court and you win.

When picking an attorney, stay clear of cherry pickers who only take slam dunks.

Hope this helps.

Basser

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
      • 7 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
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