Success at the BCNR

[1994andcouting.....]

Hello Hadit members,

it has been a while since I posted. I believe that my last post was regarding an Earlier Effective Date NOD that I filed in 2015. I received the SOC last year, submitted my Form 9 this year, returned it and am now waiting to be certified to the BVA.

A little background:

https://community.hadit.com/topic/63190-70-service-connected/#gsc.tab=0
https://community.hadit.com/topic/63830-what-evidence-is-needed-for-an-eed/?tab=comments#comment-386303&gsc.tab=0

I sent a letter requesting a discharge upgrade in 2015 at the same time that I submitted the NOD. However, I did not file the proper form and never got a response. This year, due to another process that is going on, my General Under Honorable - Personality Disorder discharge came up again. At that moment, I realized that although its seems that I have not been affected by the stigma attached to that reason, when it comes to official business, it does harm veterans. 

The same day that I submitted the Form 9 for my appeal, I took the initiative to make copies and submit almost identical paperwork to the Board of Naval Corrections to have my discharge upgraded. 

On June 11th, “in the interest of justice” a decision was made and I am now an honorably discharged veteran (characterization). The narrative is being changed to Secretarial Authority and the reinlistment code was changed to RE-1J (Eligible to reenlist but elected to separate). I did not receive the letter because it was sent to my old address, but after many calls, bad numbers and full mailboxes a wonderful lady took the time to speak to me and personally forwarded me the information last week. 

I just want to say that I have spent countless hours online here at Hadit and other sites, reading BVA cases, reading WARMS, 38CFR’s, speaking to other veterans and watching Chris Attig and other videos on YouTube to get a good understanding of how the various processes work.  I have decided that if I  win this EED appeal then I will believe that I am able to help other veterans with their claims. I have done my share of sharing websites, videos and posting information on social media but  I do not have the confidence to help on a larger scale. I am afraid that I will mess something up. Will I ever be a VSO? Probably not but at least I will be able to guide someone in the right direction. 

I just wanted to write this to encourage others to never give up and keep fighting for what’s right. I know that we all have had struggles with the VA but do not give up. It took me over 21 years to get service connected and over 26 years to get up the nerve to apply for the upgrade. Please please do not give up. I have been a member of Hadit for almost 10 years and although I do not post much I am always on or sending others this way for help. 

Love and hugs, 

txcooper aka 1994 and counting
 

Edited July 24, 2017 by 1994andcouting.....
Removed reference to EED appeal.

[Berta]

This made me LOL:

"I have decided that if I  win this EED appeal then I will believe that I am able to help other veterans with their claims. I have done my share of sharing websites, videos and posting information on social media but  I do not have the confidence to help on a larger scale. I am afraid that I will mess something up. Will I ever be a VSO? Probably not but at least I will be able to guide someone in the right direction. "

Every advocate here ( which includes  most  disabled vets here and me, a civilian) learn by the day.We know more than the VS0s and the VA should use us as a training course.

I have been helping with claims since the late 1980s.But I feel I got much better when I joined hadit 20 years ago ,when the internet got a lot better than it was in the 1980s, Prodigy Veterans BBS and Vet Link) and after I went to a Military school- first civilian graduate of AMU(American Military University)2007.

I also purchased the VBM from NVLSP since 1991.

Claims advocacy is like livestock farming. In 1986 I got a Certificate in Agriculture from Penn State because we had bought a farm in NY and it took us almost a year to decide to move from a city.I was going to be the family farmer, and my husband got employed at the local VA and also began his college education under Voc Rehab.My past working  life was mainly working for lawyers , the telephone company and also the county, et etc etc. 

My point is that nothing in the Penn state courses (some focused solely on livestock) cam teach anyone how to raise livestock. The farm community welcomed me with no regard that I was a woman ( not too unusual in this part of  NY, but told me many times I needed to get used to 'how they are"-meaning the sheep,goats, chickens,and beef cattle that I raised, by "hands on" experience  with  them.And all livestock types are different.

They were right. Helping with claims is not much different --hands on work (understand the regs that apply to each claim) and getting to know 'how they are' to me, is getting to be able to interpret the VA Lingo- different at each entity, RO, BVA, and CAVC. And then reading every post (often I have to re read them many times) to reduce and identify the problem with the VA ,to the actual thing the claim was denied for.

You did a great thing....Congratulations are sure in order.

Can you scan and attach here the denial, as to their reasons and bases? Cover C file # , name etc prior to scanning it.

I don't know how a claim could be awarded on a EED unless you can use 38 CFR 3.156 or a CUE....but not much info here. and Thank you for encouraging others.

That PD bull shit had hurt many veterans who never had a PD in the first place.Many of them were Vietnam Veterans. They had PTSD.  VA BS plain and simple.

 

 

 

[broncovet]

1994 and counting:  

Congratulations on your discharge upgrade.  Sometimes the VA is like a 5 headed monster and when you kill one, the other head attacks you.  It sounds like you slew that dragon, no small feat.  I had trouble responding, I am thinking it was my computer, which I recently upgraded the Kernel.  (I use Linux Mint for security, its free and much much much more secure than anything ever offered by Windows...that you have to pay for).  

Its a very smart thing to do to apply for your discharge upgrade while in the line at the BVA.  Otherwise it could have added years to your claim.  

We certainly need more informed Vets advocates.  We scrutanize each others answers..and Berta and I, for example, are not afraid to tell each other if we disagree with the advice given, and why this is so.  (We rarely disagree!)  This is definately OJT and, if a question is asked you are at least somewhat certain of the answer, by all means chime in.  Again, we have accountability here at hadit, unlike the VA, where we are not afraid of telling another Vets advocate if we dispute his or her advice.  

Berta is the best of the best...her years of experience plus her motivation makes her the best of the best.  Im pleased she chimes in.  Right up there, neck and neck with Berta is Alex Graham (aka Asknod).  Berta's speciality is widows benefits, while Alex is the undisputed expert on Hep C claims.    A lot of us specialize, rather than trying to learn everything.  I like to do answers on effective dates in no small part because I have one of those on appeal now.  

Most of us dont like to answer questions that begin, "How long will my claim take", because its anyone's guess as VA does NOT process claims, "in the order received" like they are supposed to.  They cherry pick the easy single issue claims, and leave the tough complex claims for others, as they take longer, and they have quotas.  When some unfortunate rater gets a complex claim, they usually just "punt", that is, deny it or delay it, and pass the buck, so many if not most of us have to appeal.  

I am pretty sure I joined hadit in 2007, so I have 10 years experience, and learn new things almost daily.  

I have had about 17 RO decisions, 4 trips to the BVA and 3 trips to the CAVC in the past 15 years.  On one of those trips to the CAVC, I filed a Writ of Mandamus (pro se).   While that Writ was denied, about 3 to 6 months later, I got awarded 100 percent.  I dont think this is coincidence.  I am one of the VEts that VA made homeless by making me wait for at least 3 years for any real monetary benefits.  I could not keep my home for 3 years without a paycheck.  I wasnt homeless long, but no thanks to the VA.  When I found out VA employees get paid in 2 weeks, no matter what, I was upset when it took VA more than 3 years to deliver my first benefit check.  My first denial was for hearing loss EVEN tho I had all the Caluza elements:  Diagnosis, in service event, and nexus.  The Board agreed with me, that "time since military service" was not one of the criteria, and could not be used to deny, the VARO then decided that BVA's "complete grant of benefit sought" meant a zero percent rating for hearing loss, so the battle raged on, with VA fighting me for every benefit, every percentage, and every effective date, lowballing, denying  or delaying each time.  

Im currently at the BVA now, and represented by an attorney.  $6000 of my attorney fees have already been paid by EAJA, because the court determined that VA had taken a position against me that was "substantially unjustified".    This means if the BVA does award benefits I will pay the attorney 20 percent, but that 6000 in attorney fees is already paid, so I wont have to pay that.  I will be happy if I do have to pay the attorney, because that will mean my retro exceeds 30,000.   Heck I hope the attorney has to buy a new larger yacht based on what she gets from me.  

[1994andcouting.....]

2 hours ago, Berta said:

Berta, I appreciate your reply. There are you and many others who I have studied and you all have helped me along this journey.

You did a great thing....Congratulations are sure in order.

Thank you, I feel like I did. 

I don't know how a claim could be awarded on a EED unless you can use 38 CFR 3.156 or a CUE

My question is could this upgrade possibly affect the EED claim/appeal due to the upgrade. I was originally denied because of the PD diagnosis and that it is not considered a disability.

Thank you for encouraging others.

I hope that everyone will continue to fight. I gave up a few times over the years but the Navy did not teach me to be a quitter so I wont start it now.

That PD bull shit had hurt many veterans who never had a PD in the first place.Many of them were Vietnam Veterans. They had PTSD.  VA BS plain and simple.

I agree and I am thankful that they saw the error and injustice in my case and did the right thing. 

 

 

 

 

Edited July 24, 2017 by 1994andcouting.....

[1994andcouting.....]

1 hour ago, broncovet said:

Congratulations on your discharge upgrade.  Sometimes the VA is like a 5 headed monster and when you kill one, the other head attacks you.  It sounds like you slew that dragon, no small feat.  

Thank you, I have lost many nights sleep and cried many tears during this fight. I feel like I won the lottery since so many are denied. I hope that this trend changes tide.

Its a very smart thing to do to apply for your discharge upgrade while in the line at the BVA.  Otherwise it could have added years to your claim.  

I had no idea and realized that since I was making copies I may as well submit both at the same time. I am thankful that I did it that way now.

We certainly need more informed Vets advocates.  We scrutanize each others answers..and Berta and I, for example, are not afraid to tell each other if we disagree with the advice given, and why this is so.  (We rarely disagree!)  This is definately OJT and, if a question is asked you are at least somewhat certain of the answer, by all means chime in.  Again, we have accountability here at hadit, unlike the VA, where we are not afraid of telling another Vets advocate if we dispute his or her advice.  

I have seen it with my own eyes and this is why I love Hadit. So many 'pros' and the ability to agree to disagree and back off and calm the waters when it gets a little stressful.

Berta is the best of the best...her years of experience plus her motivation makes her the best of the best.  Im pleased she chimes in.  Right up there, neck and neck with Berta is Alex Graham (aka Asknod).  Berta's specialty is widows benefits, while Alex is the undisputed expert on Hep C claims.    A lot of us specialize, rather than trying to learn everything.  I like to do answers on effective dates in no small part because I have one of those on appeal now.  

Yes I admire Berta, Asknod and you among many many others that I have encountered over the years. I come here and read your replies when I need guidance. I have done well with my own FDC for PTSD due to MST and I may make that my specialty down the road. I did pretty good at putting my files in choronological order, finding the stressors, highlighting items that I needed the raters to pay special attention to. I have secondary conditions on a FDC right now so we shall see. 

Most of us dont like to answer questions that begin, "How long will my claim take", because its anyone's guess as VA does NOT process claims, "in the order received" like they are supposed to.  They cherry pick the easy single issue claims, and leave the tough complex claims for others, as they take longer, and they have quotas.  When some unfortunate rater gets a complex claim, they usually just "punt", that is, deny it or delay it, and pass the buck, so many if not most of us have to appeal.  

I think that is why I have been lucky because I give them EVERYTHING but not EVERYTHING. What I mean is that I give the specific documents but its more than enough to see where I am trying to go with my claim. I read everything that i can get my hands on so I have a decent understanding of what they need and what they don't need or want to see.

I am pretty sure I joined hadit in 2007, so I have 10 years experience, and learn new things almost daily.  

I have had about 17 RO decisions, 4 trips to the BVA and 3 trips to the CAVC in the past 15 years.  On one of those trips to the CAVC, I filed a Writ of Mandamus (pro se).   While that Writ was denied, about 3 to 6 months later, I got awarded 100 percent.  I dont think this is coincidence.  I am one of the VEts that VA made homeless by making me wait for at least 3 years for any real monetary benefits.  I could not keep my home for 3 years without a paycheck.  I wasnt homeless long, but no thanks to the VA.  

I need to find out more about the Writ of Mandamus. I have seen it many times on here and other places but still do not know exactly what it means.

I was unemployed and homeless for about three months at the end of 2015. It was more couch surfing than anything but the VA could not help me because the programs in Dallas and North Texas for women veterans were short of money or had none. Since I was not living on the streets or in a shelter nor did I have any substance or alcohol problems they had nothing for me. I was so hurt because I had never asked for anything and when I got low they couldn't help me. I found a job and I fought for higher compensation because I said no matter what, I would never end up there again. I contemplated so many bad things but I am grateful that I did not do any of them. 

Im currently at the BVA now, and represented by an attorney.  $6000 of my attorney fees have already been paid by EAJA, because the court determined that VA had taken a position against me that was "substantially unjustified".    This means if the BVA does award benefits I will pay the attorney 20 percent, but that 6000 in attorney fees is already paid, so I wont have to pay that.  I will be happy if I do have to pay the attorney, because that will mean my retro exceeds 30,000.   Heck I hope the attorney has to buy a new larger yacht based on what she gets from me.  

I sure hope you win (and your attorney gets her larger yacht due to your large retro:-)

Good luck to you and thanks for your reply and all of the help that you give to us.

 

[Berta]

Broncovet, thank you for those kink words-I feel however I am an expert on Agent Orange, and 1151,more so than DIC.Many DIC widows come here and never return. I think it is because they are overwhelmed by it all, maybe because the spouse never discussed much VAOLA with them, before they died.

Gee- I have been reading the posts too fast!!!!!!  So much is taking up my time these days....

1994andcounting- thanks for those links- it just took me some time to find even one....via google and it was in your reply already !

https://community.hadit.com/topic/63830-what-evidence-is-needed-for-an-eed/

You have 70% PTSD due to MST now....I understand now why you filed a NOD for a better effective date.

Do I understand that they denied you twice because of the bogus Personality disorder diagnosis?

If the VA had, at time of those denials, evidence that the diagnosis was wrong yet refused to consider that evidence, this is ripe for a CUE if the NOD doesn't get you what you want.

I would be filing a CUE on the older denials as well as pursuing the NOD.

They pulled this on John 999, a member here, and probably many more  vets we cannot imagine...

I hope Broncovet chimes in on this again as well, after he reads the link above.

What rationale did VA state as to the EED on the PTSD award.....was it the date you filed again?