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An Appeal To End All Appeals


tk3000

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Maybe the title of my post is a misnomer, but that is how it seems to be ending on my end.

In the past, I herein posted about my GERD appeal which then was turned into a CUE (Clear and Unmistakable Error) by the VA itself during its appeal phase (assuming the CUE be faster I took it, and against all odds it was decided against me once more), then as an appeal (not real appeal, but an Appeal decided at Regional Office Level by DRO) yet again just to be decided in a deliberate, unscrupulous, snobby, and dismal way to remain at 10% whilst all the evidence and facts clearly indicated otherwise.

These individuals who work at the RO adjudicating claims lack even the most basic understanding of the norms, rules, regulations, and laws; on top of that they also lack even the most basic code of ethics and moral values to conduct any diligent, respectable, and reasonable decision making process. They are individuals whose educations consists in an array of very basic unappealing and easy going social sciences curriculums (sociology, psychology, etc), and the only real job they would otherwise get – if it wasn't for the VA and its veterans -- would be as a cashier in a supermarket. Within an environment where there is no accountability and concomitantly permeated by a culture of impunity they strive at long strides in denying claims to veterans thereby increasing their level self-importance and self-esteem to whom the balance of power may even decide the life and death of a fellow veteran suffering from a myriad of ailments. Such individuals are clearly unfit and unsuitable to this position and should face criminal charges for their actions. My GERD claim is a testament of that.

The BVA not only granted me 30% for the GERD condition, but they made a clear statement of the case indicating that: “there is more than substantial and substantive evidence to grant the veteran 30% for his GERD condition”. Ultimately this does not change my rating given that I already have 100% at this point in time, but serves to showcase the distraught disgrace that the adjudication process within the VA.

But the interesting fact about this story is that on occasion of receiving the 100%, the RO deined the GERD at 30% and the Ankle at 20%, granting me the 100% due to IU. I then indicated to my VA representative that I would like to appeal the GERD and Ankle cases, and he told me that I could not appeal since I was already given 100%, although I could appeal the earliest effective date for my IU and so I did. So, to my surprise, I received a letter from the BVA few weeks ago indicating that they granted me 30% for the GERD and 20% for the ankle, the letter also indicated that the appeal for the earliest effect date for the IU needed more evidence and thus was been remanded for the RO. I would imagined that I would get a small amount of retro payment due to the increase in the GERD condition, but with that remanded thing I do not know how it would actually work .

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TK: What were you rated for that allowed the IU Claim? Was the IU claim an "Inferred Claim," a result of a claim award that got you yo 80% SC?

If I'm understand you, you got your original Claim for Gerd denied. Then at some point after the Denial but before the 12 month appeal period expired, The VA notified you that it was doing what sounds like a "Traditional VARO Review of your denied claim. Am I right so far? Had you supplied ant additional "New & Material Evidence" post Denial Decision? If so, that N&M Evidence would Trigger a VA required VARO Review With deference to the original raters decision by a more Senior Rater or a DRO. Did you get a Supplemental Statement of Case with any explanation as to what triggered the VA CUE Action?

Any and all information would be of great assistance to other Vets that might be in your same situation. IU is good and now you have time to get your SC Denial situation addressed.

Semper Fi

Gastone

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tk,

Being that the BVA granted evaluations of 30% for gerd and 20% for your ankle,

would those put you at the 100% level, thus making you schedular with no need for the

IU status ?

If so, that would then allow you to earn income if you wanted and are able to.

Just a thought.

Please update your SC percentage in your profile.

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Carlie: I was 90% SC for the past 3 or so yrs. A Vet at 90% needs a 50% + new or secondary with VA math. An 80% SC is even tougher, a 50% SC condition only gets him to 90%. As long as he got his issues SC, if they contribute to his death, his spouse will benefit. Getting more info on his SC rating problems and timeline would be very helpful.

If he currently gets IU and wants to work, he could always get into a Self Employment situation that would be considered as a "Protected or Sheltered employment" situation. The "Gainful Employment Income" is no longer necessarily pegged to the "Single person Poverty Level Income. Works for me.

Semper Fi

Gastone

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  • HadIt.com Elder

"I would imagined that I would get a small amount of retro payment due to the increase in the GERD condition, but with that remanded thing I do not know how it would actually work ."

Good question.... I think if the medical evidence warranted the 30% prior to the 100% or TDIU rating, then some retro woul be in order.

I am also wondering if this BVA rating could have impacted on a 100% or TDIU award sooner....but I think the BVA would have noted that.....maybe.....

I have Gastones question too:

"TK: What were you rated for that allowed the IU Claim? Was the IU claim an "Inferred Claim," a result of a claim award that got you yo 80% SC?"

Are you able to scan and attach here that part of the BVA decision that awarded the higher ratings?

I assume it is not on the BVA web site yet but they have been updating BVA decisions there every 3 months.

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