How Do I Get Award Decision?

[Jmgonzales1966]

VA made a decision on 1 part of my claim in 30 days. The only way I was able to establish this is because I follow Ebenefits. Not only did they make a decision they added a new disability of 20% for back instead of increasing the one I had so I would not get a increase in disability. They also backdated 1 year..

How do I get my new award letter so I can appeal? I still have not received. And because the intial claim was handled incorrectly how can I get the existing claim expedited? I can not believe how disorganized VA is... They need to privatize the entire program. I guarantee things will change then,,

[carlie]

VA made a decision on 1 part of my claim in 30 days. The only way I was able to establish this is because I follow Ebenefits. Not only did they make a decision they added a new disability of 20% for back instead of increasing the one I had so I would not get a increase in disability. They also backdated 1 year..

How do I get my new award letter so I can appeal? I still have not received. And because the intial claim was handled incorrectly how can I get the existing claim expedited? I can not believe how disorganized VA is... They need to privatize the entire program. I guarantee things will change then,,

You need to wait it out. The RD will come in your mail.

[Gastone]

JMG: What she said! If you know for certain you got an award, sit back relax and wait for the VA Official Award letter. Are you 70% SC before or after this 20%? award? If you were 70% SC before this new rating, try and figure out what your scheduler rating was before being rounded off to 70% SC. If you were at say 65% rounded to 70, the 20% wont get you any movement. You need this new rating to get you to 75 for any real movement, 80%. VA Math is a trip, use the HADIT calculator.

Might be time to start laying ground work for an IU filing, if you weren't "IU Inferred" when awarded the 70 SC. I'd be more concerned with that right now. You got a year to get your appeal together, should it take that long. Then another 3 to 5 depending how you choose to appeal. If your SC hinders your ability to work, you really need to consider a IU filing. That would be much quicker, depending on your employment and "Gainful Employment Income" situation.

Be Cool, nobody at the VA is plotting against you. Usually it's the quality of evidence that we Vets supply that causes most of the problems. What you and I believe should be clear to a Blind Man, sometimes isn't.

Semper Fi

Gastone

[Berta]

"Might be time to start laying ground work for an IU filing, if you weren't "IU Inferred" when awarded the 70 SC.

If you were unemployed at that time and the VA knew that, and they did not consider you or infer the claim for TDIU, they committed a CUE, under violation of 38 CFR 4.1 et al (specifically 4.6) as well as M21-1MR ( I posted that citation here somewhere long ago.

Gastone stated:

"Usually it's the quality of evidence that we Vets supply that causes most of the problems."

We discussed that briefly on Wednesday Hadit Blog radio show,. I fully concur with you on that.

No one wins claims (meaning no lawyer, no IMO doctor, no VSO etc...etc)...EVIDENCE wins claims.

But another problem is getting the VARO to consider all of the probative evidence evidence.

If I had used 38 CFR 4.6 in around 2005, right from the git go I could have saved much time on that claim and avoided much VA BS.

As it was the BVA found multiple copies of probative evidence in my C file that the VA had ignored for YEARS,even when my vet rep said he presented it to the DRO during a double DRO review.

jmgonzales said:

"I can not believe how disorganized VA is... They need to privatize the entire program. I guarantee things will change then,,"

Yeah it is a disgrace...they should get their training here at hadit. That would improve things a lot, in my opinion.

Edited October 30, 2014 by Berta

[carlie]

Gastone stated:

"Usually it's the quality of evidence that we Vets supply that causes most of the problems."

We discussed that briefly on Wednesday Hadit Blog radio show,. I fully concur with you on that.

No one wins claims (meaning no lawyer, no IMO doctor, no VSO etc...etc)...EVIDENCE wins claims.

But another problem is getting the VARO to consider all of the probative evidence evidence.

DITTO on the red !

[FormerMember]

That may be true of hand-written records from the Vietnam era and the early 80's before typewriters and computers. With the word-searchable .pdf function on all Adobe Reader products, VA can find the word "is" wherever it's used and moreover misdefine the meaning of it too. Of course, if you have this VBMS tool and your entire record is scanned into one, you yourself can find anything that's typed. Evidence wins claims but we know VA's storied inability to find that which we submit. This circumvents that problem and creates a record that cannot be "erased". A .pdf file is encased in concrete. My wife has a program that will defeat it and allow modification but the end product easily reveals the tampering. It will speed up claims immensely because VA rater errors will be decreased. The only thing we have to defeat then is the arcane M 21 language but that is childsplay. Read this on how the new frontier is developing on our claims future-young and old. If you don't have computer savvy, you are going to be at the mercy of a VSO. https://asknod.wordpress.com/2014/10/28/va-form-9-everything-you-always-wanted-to-know/

clear prop

[Chuck75]

A .pdf file is encased in concrete" Sort of -maybe! There are tools out there that can work at a binary level.