Jump to content

Sponsored Ads



  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 0
GatorNavy

need to fix a claim

Question

I goofed. There was a decision dated 27 April 2016 that had multiple contentions that should have went into the NOD.  The NOD did not contain the core issues, thus the SOC read like a mongolian road map. The decision did not list critical, positive evidence which were two C&P exams dated 4 April 2015. Each exam suggested "Total" disability on two distinctly different anatomical body systems. I am vascillating between this world and the next. So Ol' unca Joe is movin kinna slow at the junction. SMC-S should have been in the NOD as well. I put all of these contentions (which should have been on appeal) on a 256ez instead of a NOD. Can I still put in another NOD listing these additional contentions? How do I withdraw the 256 claim? All but one contention on the 256ez need to go on the NOD. Thanks in advance...

 

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

You may have to wait now and hope the VA can figure it out?  if you meet the SMC-S Criteria  they should infer it,  as it is a statutory rating...so watch that carefully  when you get your decision.

Share this post


Link to post
Share on other sites

Ad

  • 0

You have until April 2017, to add an addendum to the NOD......it might not work ( I would try it however)but it seems to me they missed probative evidence, that a CUE claim might get a faster resolve on.

"The decision did not list critical, positive evidence which were two C&P exams dated 4 April 2015. Each exam suggested "Total" disability on two distinctly different anatomical body systems."

The decision might contain a CUE regarding SMC.

Can you scan and attach here the actual decision and the evidence list they used? Cover C file # ,name etc prior to scanning it.

Buck is right SMC is mandated by law when the evidence warrants it.

I won a CUE on SMC. The veteran (my husband had 100% P & T for PTSD and additional 1151 disabilities totalling 100%)and the VA never inferred SMC. So I filed CUE.

I filed it as a Lack of consideration of the SMC Mandate,in spite of evidence in VA's possession, to the deceased veteran's detriment.It was an accrued retroactive award.

We need to see the rating sheet as well.....if they even enclosed one...

Then again you said they missed the 2 C & P exams from 2015 .....do you have copies of those exams?

Edited by Berta
  • Like 2

Share this post


Link to post
Share on other sites
  • 0

That sounds like a good strategy. I will make an anon copy of the decision. I have the c&p exams as well. I read the m21 today and found out that I need to do a "Request to withdraw" and specify which contentions to drop from the 256 claim before they make a decision on it.

I will see if I have the rating sheet. I had a representative then and I know sometimes they send it to them and not the veteran. The NOD was certified to the BVA but hopefully they will pull the c-file back if I can get the additional NOD in before I get a docket number at the BVA.

Share this post


Link to post
Share on other sites
  • 0

ALL IVE EVER SEEN IS,,, NEVER STATE WITHDRAW ANYTHING... NEVER SAY SORRY... JUST ADD TO AND LET THEM FIGURE IT OUT.. MORE DATES ON PAPER IS BETTER THAN WORSE. AT ONE TIME I SAID YES IM HAPPY WITH THE INCREASE BUT I WANT TO ARGUE THE TIME GIVEN. THEY SENT ME A LETTER SAYING THAT I AGREED TO ALL. THEN I HAD TO FIGHT THAT I SAID NO TO THE DATE. SO STUPID TO GIVE THEM ANY TYPE OF LETTER CONTAINING A YES.

Edited by paulcolrain

Share this post


Link to post
Share on other sites
  • 0
21 hours ago, Buck52 said:

You may have to wait now and hope the VA can figure it out?  if you meet the SMC-S Criteria  they should infer it,  as it is a statutory rating...so watch that carefully  when you get your decision.

This varo infers nothing. I had to push for 8 years to get to 100%. They ignore any positive evidence including Vista records. When you shove the evidence in their face, they go into "develop to deny" mode. They do it by hammering on multiple c&p exams until they get the negative results they need to deny the claim.

They actually gave the benefit of the doubt to themselves once. When they are forced to grant, they always lowball and you can bet the effective dates are wrong and always against the veteran. I had to practically light their a$$ on fire to get them to work on a BVA remand which 2 years later they are still screwed up and now the ping pong ball is going back to the BVA. How many other varos  are like this one? Don't everyone stand up all at once now!

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • OK so I had pancreatectomy in 2003 due to an impacted goldstone 2/3 of my  Pancreas was removed I am type one diabetes with very large scars continued diarrhea stomach problems Constant back and shoulder pain I recently received a Nexus letter from my  endocrinologist related to my service in the gulf war.  Any suggestions or advice from anyone
    • I would like to meet other Hadit members who live in Michigan.  We have at least two major VA Hospitals (Battle Creek, Ann Arbor).  Or maybe you go to the the John Dingell in Detroit.  

      I like Ann Arbor.  I like the fact that most of the doctors there are also at the UM Hospital.  I don't like how uickly they seem to turn over though.  
      • 2 replies
    • Really?
      I am confused.  A few days ago I spoke to a person at a VARO who said if I die from something other than service-connected my husband gets zero, zilch, squat.  Hmmmmmm, it seems the rules change willy-nilly...I have been rated 100% P & T for over 10 years, MS is static, and I am 56 years of age.

      Can a fellow Veteran shed a light on this?

      Thank you.
      • 15 replies
    • Fund raising for HadIt.com
      The site is supported through ads and ad free subscriptions, we are also asking for any support you would like to send our way. You can give a $1 or more it all helps. Keep in mind though that it is NOT tax deductible and we are NOT a non profit. As the site grows so do the costs and ads and subscription do not always keep pace with the costs. Any help is appreciated, but not required.
      • 11 replies
    • Carol Ozanecki- Blue Water vet Advocate called me with this news:

      https://www.stripes.com/news/lawmakers-launch-new-effort-to-provide-agent-orange-coverage-for-blue-water-navy-vets-1.525395

      Also there is a article in Pop Culture she sent to me----mentionig Blue Water vets buy I felt it was too political to post here. You can google it if you want to read it.

       

       
      • 10 replies
×

Important Information

{terms] and Guidelines