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

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    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

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willj57

Effective Date

Question

I first filed my VA disability claim in 1982, but it was closed without a decision because the VSO who did the case claimed that my whereabouts was unknown , yet the same day he closed the case the VA did a C& P master audit of my file and my correct address was in my file for sometime. i never was notified. So after 30 years and my condition getting worse I filed again in 2012 and was denied due to lack of evidence  (most  of my health records where missing) so I appealed with the help from a great American  Legion  rep I was awarded 100% and the BVA judge notied that my orininal claim was wrongfully  closed in 1982, but when rated the RO failed to make the effective date back to 1982. We filed a NOD right away. On June 19th 2017 the VA closed the NOD. Since nothing was ever updated on ebenifts I called the VA on the 2uth of June and learned of the closure and was told a letter would be mailed that was 38 days ago. I called again yesterday  and was told they couldn't  find my anything on the NOD and issued a inquiry.    I am so feed up with the VA. Any help would be appreciated.  Thanks.

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W57, why are you fed-up with just the VA, you have a finger or two in this Cow Pie.

The American Legion is your "POA" (Power of Attorney) VSO Representation, what do they say?

Do you have ANY VA Decision Letters (the 100% Award) that you could post redacted copies of? Have you or your VSO filed an FOIA request for your complete C-File?

What was the Effective date of the 100% SC Award? Would you mind sharing your BVA Docket #? Did you or your rep file to continue the appeal to the CAVC?

Semper Fi

 

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This is MY OPINION ONLY:

    A 1982 effective date for 100 percent is probably something "around" a half million to a million dollars.  And, GS5 or even GS9 rating specialists dont mail out million dollar checks..its above their pay grade.  

    Thus, they deny and you have to appeal, eventually,  probably to the CAVC level, where judges do sometimes render decisions generating million dollar retros.  Personally I doubt you will have a real chance at this without an attorney.  

     The sooner you enlist the services of an experienced Vetrans law attorney, the sooner you will get your retro check for an EEd, IMHO.  

      This is not necessarily "bad", tho.  You see, EAJA pays the attorney fees at the CAVC level when the goverments position is "substantially unjustified".  (As determined by the  court, which is almost automatic when the Vet wins).  

       If you go to CAVC without an attorney, you are showing up to a gun fight with a knife.  You can try appealing to BVA, but I still think an attorney is best given the stakes here.  The VA will make up a bogus denial, for example that you "abandoned" the claim 30 years ago and did not continiously prosecute your 1982 claim.  That is apparently the position they are taking now.        You may have to answer why you didnt say something until 20 or 30 years later.   ...I dont know.... 

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My condition was self medicated for 30 years. I was being treated at the VA but I didn't  have a car or funds.  Back then , I went over 60 miles to the Allen Park Mi  VA and after it was closed down  the Ann Arbor facility. I couldn't get work, I tried school but my condition would interfere. I will try to upload  my file as soon as I can. My  AL rep says wait for the decision on the NOD.  I will say that the 30 years was no picnic! The  fact the VA closed my claim in 82 for lack of knowing my address when they had it when I transferred from Texas back to Michigan I only learned about while appealing to the BVA , and it was included in his decision.  

  Ihave recently contacted my senators office for assistance. Hopefully, they can help. I hope I do not have to go to more, I literally can't.  It is painful to even do this because  it stirs up the memories.

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Its still my opinion, based entirely on experience, that a senator wont help you but an attorney will.  Maybe the idea of a large retro check will make the memories better.  

For me, I lost my home waiting on VA to process my application, and they did the same thing to me.  They trashed part of my application and never processed it.  I finally got my 100 percent, and Im still fighting them for back pay.  

I think I can get enough back pay to buy back the home I lost because of VA doing to me similar to what they did to you.  I have a lawyer now, and she has "a dog in the fight", so she has an incentive to win.  Mostly, I dont mess with my claim, I let her handle it.  If I get a letter from VA, I send it to her.  

Claimants represented by attornies lose just 10 percent of the time.  Source:  BVA chairmans report, here:

https://www.bva.va.gov/Chairman_Annual_Rpts.asp

Its up to you, but that is what I did, and frankly its working.  We have had "many" success stories here on hadit.  Alex Graham won benefits back to I think 1994, if I recall correctly.  He hired a lawyer, too.  

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So dump the American Legion  rep for a Vet attorney?  Should I wait for the letter?  I looked up the aabandonment rule and really believe that doesnt apply since the VA dropped the ball,  my Dx is for Dysthymia,  I have PTSD,  anxiety disorder, and from  all the stress over the year a 3rd degree right sided bundle branch block. 

I do remember trying to call the VA, but the line was alway busy, or Id be on hold so long the phone bill (no toll free #, back then) would be outrageous!  But the bottom  line, they had my right address all a long.

Thank to all replies 

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