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Board of Appeals: Direct Review docket- what month are they on? I know they review appeals based on the docket of the month the appeal was started. It is possible to find out what month they are on at the Board of appeals to try and judge to see how long my appeal will take to be reviewed?
Dont know if Im in the right spot, have spent hours trying to figure out how to use this site
I read "6 reasons to keep pursuing va claims and appeals - AFTER you reach 100%". Im rated 100% P&T tdui from 'Nam days. but clicking on it brings "10 tips to help you keep the c and p exam in perspective". Is it hidden somewhere else, or not here at all?
and man, its tough reading and understanding lots of stuff on here.... abbreviations. "secondary" conditions, one thing caused by another....code numbers, medical/technical names. there must be a bunch of lists somewhere? Im a 'regular' type guy, but lots of stuff I have read makes me feel pretty dumb trying to understand things. and now I cant recall the title of this 'forum' for this question, and I looked back, cant find the name of it anywhere, this site is so confusing.
By Mr cue
Ok I understand many feel I just be posting and fighting with va over nothing.
My old name on hadit was yulooking.
You can put it in the search and my old post for the cue claim I won will pop up.
Carlie Berta many other help me and I learn alot from hadit I had no ideal what a cue was until I followed Berta cue back than
I also used hadit back than to vent lol
I post all this so that other understand I feel I have more year fight va than some lawyers. And vso
I have been to the court pro se twice. And won remands for both.
Fast forward. I am now fight for smc benfits that were never inferred back in 2001.
Might go back till 1993.
This is why va is all over the place.
I was granted smc l aid attendance.
But I receive in home care pay for by va hospital. Which is smc r.
All this I got remand from the court to bva to address.
And it been nothing but games
I now have a petition at the cavc which I am just waiting on judge decision on
I got be the first veteran we're a bva judge stated if I refuse a exam base opinion on my record.
So yes I don't wait I push.
Qtc I put in a better business complaint yesterday and call white house line
Today I get a call from qtc I don't have to go to exam and they got to base there opinion on my record.
I would never tell a veteran to refuse a exam!
The reason I can refuse is because my bva remand state this. Because
I press the bva about having 8 comp Exam for smc benfits. Which are to b based off your record.
I really just venting.
Last thing guys if you get a cavc remand. send these law to bva before they remand. To ro.
A cavc is not a do over.
Someiano v. Principi, 17 Vet.App. 305, 312 (2003) (Court noted that it would not be permissible for VA to undertake further development if purpose was to obtain evidence against appellant’s case)
Adam v. Principi, 256 F.3d 1318 (Fed. Cir. 2001), (in which the court stated that it would be improper for the Veterans Court to remand a case to the Board to give the DVA another opportunity to develop evidence needed to satisfy an evidentiary burden it had failed to satisfy the first time, i.e., to “attempt to introduce new evidence sufficient to make up the shortfall” in the agency’s proof. Id. At 1322.”
The board has remand my loss of use under smc to develop evidence to denied loss of use.
I have a 25 year record of loss of use. I have a va specialized loss of use exam that Address all my loss of use and stated it was the result of my elbow and cervical injury It was a favorable exam. I have bva decision which address my lost of use 2001 2004 and 2012.
Use the law against them.
I found Alex on this site almost 4 years ago. I had posted multiple questions as to why VA denied my aid and attendance claim SMC L. Alex contacted me and agreed to help. He filed a new claim for smc l and of course va denied it. He then filed appeal to bva which was subsequently granted and I was awarded smc L. However I have 2 separate and distinct 100% ratings so I should have been awarded smc M. So, Alex submitted appeal to bva which after a year they closed appeal because they thought we were appealing original bva decision. We were not appealing decision just the m versus l. So Alex filed a new claim for m and va denied. Alex filed supplemental claim and va closed the claim without even adjudicating. He filed Again and same result. He made another attempt and that was denied too. Finally Alex contacted the secretary bva, the regional office coaches and raters claiming they had no idea how to adjudicate smc claims. Obviously he ruffled a few feathers and the truth needed to be said. Finally after more than 36 months of fighting, the VA admitted making 2 mistakes. They admitted the effective date for my original l should have been 6 months earlier and they admitted m should have been awarded when aid and attendance was granted. Bottom line- Alex knows more than va when it comes to SMC. Alex is a kind person who always listed to our concerns and always keep us in the loop. If you need thoughtful assistance with your smc and or claims in general, no one knows better than our friend Alex.
Andrew & Linda
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)
broncovet posted an answer to a question,While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,