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

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abnrgr88

new 30 day claim

Question

Hello friends,     Has anyone had any experience with filing under the new 30 day claim option?  Was it helpful?   Will they be as fair as if it were the regular 30 day filing period!  Thanks!

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It’s depends on helpful You are getting them the evidence in some cases others the amount of work needed not plausible and they send it the regular route anywho. But even if they send it the old way send in records and evidence through ebenefits or vets.gov whatever you have so it becomes a record on your online medical record.

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"Yea, right".  Claims are "supposed" to be done in order received.  So, if my claim has been in 4 years, and yours comes in 2 weeks ago, I'd be pretty upset if they were working on yours and letting mine sit.  Still, this can and does happen, as it makes new bosses look good:  "Gee, I got claims out in 30 days".  To that, I say, as Colonel Potter would say, "horse puckey".  

    One ex rater pretty much called me a liar on another site, saying a claim wont sit around that long.  Not true.  Claims get overlooked all the time.  CAVC sees it enough they even have a name for it. "Deemed denial".  When one issue is adjuticated, and another is not, the unadjuticated claim is "deemed denied".  However, this conflicts with 38 cfr 3.103, and newer cases have backed off on this, saying that the claimant should be able to understand his (issue) was denied.  

     The 30 day thing is in conflict with the long standing, "first come first served".  If you were waiting for breakfast 30 minutes, would you want groups of people seated in front of you that had been there 2 minutes?  Denny's had a lawsuit over this very issue, as the patrons said it was because of their race.  I think Denny's settled it for thousands of dollars.  

     VA loves to seperate claims from appeals.  At the BVA, they do claims strictly in "docket order", UNLESS you have been approved for an "advance on the docket" from hardship, terminal illness, homelessness, etc.  

      Yes, the 30 day claim promise may help you if you are a new claimant.  It does put pressure on them to complete your claim quickly, so they can deny and put you in a 4 year appeal line.  About 15 percent of first time claimants are awarded benefits, and 85 percent are denied, according to some reliable vets advocates, including me and my own history.  

Edited by broncovet

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
      • 7 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
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