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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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jfrei

Sick of this BS VA life OCD

Question

They can never get my claim right since 2010 I’ve been fighting tooth and nail to get what I have obsessions and research for the past 4 years straight about to have my wife divorce me. But she stuck it out the hard part and now I’m 100 scheduler p and t onset date of 11/16/17. My claim was from 2010 when my original decision and was 90 percent ok they corrected it finally in 2016 but not backdate it to when I filed my claim in 2010 but the best part is when they remanded two issues one currently in the blackhole of the AMC with an advance on the docket and a congressional inquiry still with one person awaiting a decision for my post thrombotic syndrome well documented so it’s just a waiting game. Not my issue it’s the fact they granted my sTBI but denied my skull fracture since my first page in my record had a typo it said skull fracture(neck fracture) not a doctor apparently the clivus at the base of your skull is the clivus. They xrayed my back neck not my skull and denied it now I have to waste my money to hire a IMO to review my medical record s and previous cat scans mris. just to say what not one but four other doctors who attended me in my coma did in 2006 opinionated about having a skull fracture against there one Dr. D.S. sorry started laughing to my self in a maniac phase thought it originally said BS at the RO who looked at me wondering why I was laughing at him...I am sorry for this rant. Am I doing the right thing about hiring an IMO is there a quicker way of getting this appeal finished the right way  I’m to the point of driving to the BVA in person as it’s an hour drive maybe two if I get lost in traffic, the RO said said I didn’t have to wait for the remanded issue to be finished to appeal the decision my mistake my 120 days are up? What would happen if I show up at the BVA asking how to reconsider my claim with my 100s of medical records and opinions? I am losing it my wife needs this VA shit over with I don’t want to lose her to my OCD of this shit sorry about my language...

 

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At some point early on in the Appeals Process, you made a Representation Decision to go it alone. From your above post, that decision has not been validated. At this point, you saved 20% of nothing by not obtaining VA Lawyer or Claims Agent Representation.

If there isn't enough Retro to interest a VA lawyer or Claims Agent, you might consider the Vet Consortium Pro Bono Service in DC. They'll take you all the way to the CAVC if necessary, for none of your Retro, just the Awarded Legal fees if a Win or Remand is Decided.

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Take a step back and ask yourself which is more important, your wife or your VA case.  I know how easy it is to get balled up in your case and lose sight of what is more important.  My discharge was illegal and I had to fight for retirement and then 35 years for VA benefits.  Make the VA a hobby and stop being OCD on your case.  See if the VA will provide marriage counseling for you and your wife or find it outside.  Keep moving forward and find some enjoyment in life.  I have been there.

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I agree with Gastone.  Get a lawyer.  The only reason to hire a lawyer is if he makes, not costs you money.  

Because of your OCD you focus on the cost, not the benefits.  As often said, 80 percent of something is much more than 100 percent of nothing.  

I have also explained that, if you hire an attorney shortly after a BVA denial, then it can cost you nothing because EAJA can/usually does pay all or most of your fees.   This only works at the CAVC, and not at "other times" during the appeal process.  

Not everyone can do a good job representing themself.  Alex even got a lawyer.  I got one.  Trust me, I did not hire a lawyer because I like throwing money away.  

My lawyer "up fronted" me the IMO fees, and I did not pay those until I got the retro.  There is no doubt I would have never won my case without a lawyer.  

A math teacher in high school once explained it.  Someone asked, 

"How many points do I take off for each wrong answer?"...when grading a test.  

"Oh, dont take any offf!!!, " he replied.  "Just divide the number of right answers by the total number of questions."  

So, yes, you can "dwell" on the 20 percent you "lost", or you can instead "spend" the 80 percent you would have never gotten without a lawyer.  You choose.  

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Jfrei, I agree strongly with Bronco and Gastone.  It's time to get a knowledgeable legal beagle to help you win.

Think about it this way sometime there's comes a time in life when it's better to get a good 80/20 split as we get older damn it's not bad to go no lower than 70/30 for peace of mind.  Good luck and God Bless.

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Guest L

Jfrei you are on ebenefits restriction... no more checking, live your life. 🙂

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