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Still a Win

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j92mike

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Yesterday afternoon on what was a really bad physical day for me I got a call from my lawyer, asking me if I had received anything from the Dept of Veteran Affairs...I said no I hadn't checked my mail yet. 

He had received a Summary of Case pertaining to my appeal. He said it stated I was rated at 70% for a mental health condition and it went on to say the total amount and the amount withheld for him my lawyer. He was very pleased. However, I was confused. I wasn't sure why it was only about one condition I assumed maybe all the other conditions were differed as I have heard has happened to other Veterans.

I checked the mail box on my way out and read through everything in a parking lot and that same feeling from four years ago came back to me, I was denied on all of my physical conditions for a second time, after the Decision Review Officer pretty much told me my case seemed to be clear cut. With the SOC a form 9 was sent. For the denial each one stated that the examiner said my condition was less than likely caused by my time in service and that the condition should get better. My lawyer said he was going to review the SOC when he got a copy. I know I will need a really good IMO or IME that will show the problems I have still bother me and have not gotten better, I just I don't know. It feels like they gave me a large rating on their hiccup and decided to skip the rest. (For anxiety and depression my C&P examiner said I did have a mental health condition rated at 10% but I was denied in the end without being given a reason) 

I know I should be happy about my win but it has been really difficult for me. My husband (also a Veteran) who has not supported me in my fight with the VA is beyond thrilled about all this. I tried to explain to him that it's not about the money it's about getting treated for my conditions that are service connected. 

The summary of case I received says the decision was made on July 20th, I didn't get anything that says what my current rating will be but being already 30% I reckon I'll be bumped up to 80% Nothing on E Benefits has changed, it still shows that my appeal is open. Does that happen often? 

Would anyone be able to tell me if I will be getting a new copy of my AB8 or is that something I'll have to call in for? 

I haven't gotten any retro yet but I'm not worried about when that will happen what I would like some insight on is when I'll start receiving the new increase, if the award was decided on July 20th would that be early enough to begin getting the new increased award amount in August?

Little Timeline

Discharged in June 2010 claim filed previous month

July 2012 denied all conditions approved for TB

September 2012 NOD filed

August 2013 VA deleted my NOD and a new one was immediately filed they claimed it was done wrong lawyer error

September 2015 DRO face to face at ATL RO

July 20th 2016 decision made

Thanks for reading,

Natalie

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Natalie, you are right! It is Never about the money.

Some people just do not understand what 'compensation' really means.

"August 2013 VA deleted my NOD and a new one was immediately filed they claimed it was done wrong lawyer error"

That concerns me because :

"Discharged in June 2010 claim filed previous month."

If the MH issue was claimed in that 2010 claim, I just hope the NOD error does not mess up your EED.

( Claims filed within one year after service, when awarded get the day after discharge as the EED)

You sure might want to consider the retro to help with  any IMOs/IMEs you might need.

When the SOC comes, you will know more.

I am anxious to see what statement they made about potentital TDIU.

You have had a Victory! 

But it is not a complete victory yet.

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Good Morning Berta,

 

My EED was not effected, I was granted 70% going back to June 15th 2010 (day after my ETS). That was written on the summary of case which told me how much my lawyer was going to get. When the NOD was deleted by the VA I had one month to get a new NOD in and my lawyer squared it away the second time around. 

 

I actually just got off the phone with Peggy and was told that my decision is in pretty much the last stage I literally just got off the phone less than five minutes ago but for the life of me I cannot remember what word he used. I asked about my current rating and he said that's what I'm waiting for someone to look at what my combined rating is and draw it up and sent out that document. He said funds would be released once that was done. 

I am assuming anything about TDIU would be with that official decision letter.

 

 

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That is great---the right EED!

Yes, if you are not employed...there should be a TDIU statement and maybe they will attach the TDIU form.

The last stage might be a needed VA signature or two ?

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