"Pry open the back door".

[broncovet]

Here is what I mean "prying open the back door"..to help win your claim.  

Its a technique to help you win claims, that I am now using.  I will let you know if it works, but I think so.  

Background:   I applied for benefits in 2002.  VA denied (suprise suprise), and I appealed.  Boom!  BVA awarded!!  Done?  Nope, VA found a glitch, as usual, to delay and deny.  They "awarded" 0 percent for hearing loss only, and never adjutcated the rest of the stuff.    (TDIU or MMD).  

I applied for depression again in 2004, and was awarded 30 percent, and another 10 percent for tinnitus.  At least I was not "living on the streets" as I could "survive" on 450 per month, tho just barely. The also awarded pension so I was up to about 1000 per month, which, of course, the VA wanted me to settle into a pure poverty lifestyle.  

And, I made the mistake of not appealing this (BOOOO).  

Finally, in 2009, I was awarded 100 percent, but effective date was 2006.  Now, IM appealing, much smarter now.  

So, I appealed the effective date, unwilling to sacrafice 4 years of my life lost to VA errors, and the denial of TDIU, which they said was "moot".  

The board agreed with me, that TDIU was not moot, as it meant I could get an earlier date, and eligibility to SMC S because of Bradley vs Peake.  

It took the VARO 3 years to implement the TDIU remand, and, they denied.  I appealed, and won tdiu in 2017, but only from 2004 to 2006.   

I wasnt buying them taking out 2 years, remembering I lost my home in 2005 and was a homeless Vet for a short period.  

So, I appealed the 2017 BVA decision to the CAVC and hired well known attorney Chris Attig.  The bases of the appeal was that:

1.  The BVA adjuticated TDIU as a stand alone claim.  Nope that's already been decided and Im not buying that.  

2.  The VARO  failed to reopen my claim in 2004, when I submitted new and material evidence because my claim was still pending and not finally adjuticated (that is, still in the appeal period).     This is key.  By not letting them get away with this, it "pries open" an old unadjuticated claim, forcing VA's hand.  

    

Edited May 29, 2018 by broncovet

[Buck52]

broncovet

Just a thought I had,

  some times pry open the back door will cause Vet problems especially with the VA

However you can't just sit back and let them get away with treating to unfair on your EED

What would prevent the VA from going back to when they first adjudicated your claim for hearing loss and find the preponderance of evidence was not sufficient to render a IU award  and they find other discpinances in the adjudication of your claim.?

Also VA can use a new direction in which to adjudicate this EED  and it could go for you or against you.. (jmo) Depends on what they pull up..using the VBMS Will certainly make it eazy for them

Also how is your Appeals dead line holding up?

If your claim was unadjudicated and been in appeals  how did they render a decision?

CHECK all your SSOC very good .Double check that they processed your claim accordingly and appropriately on all provisions previously as well as current  (I'm sure you have)

Realize what the poprodeance of evidence can do, can it cause more harm to your claim or help it?

that works both ways in adjudication of EED claims (preponderance of evidence)

you will see that a lot in most BVA Cases.

JUST SEEMS YOU HAVE A FULL LOAD ON THIS ONE.

[broncovet]

Well, yes.  The VA can/does use every word in your claim file against you, whenever they can.  I think the "downside risk" is extremely low for me.  If they tried to take away the tdiu, well I always have the 100 percent for MDD.  Or vice versa.  

More importantly, since Im P and T, I have the "full protections", under 38 cfr 3.344.  And, since I have been rated 10 years, the VA can not severe my service connection except for fraud.  

While I respect, but am not afraid of the big bad wolf (VA).  He huffed, and he puffed, but he did not QUITE blow my house down.  

Chris Attig (and his wife, Jennifer Steele) are "right on top" of my appeals deadlines.  

Yes, I have a full load.  Chris Attig is handling my earlier effective date at the cAVC, but Im handling my appeal for SMC S which will likely be headed to the BVA soon.  And, yes, Im opting in to RAMP (for the stuff Attig is not handling, which is everything which is "not" at the cavc.)  

Its gonna take me a few weeks to get my RAMP together, as Im am doing some other stuff now, but Im going to "ramp it up".  

[Buck52]

I know Alex is very busy with his ILLP/ Greenhouse Fiasco and helping other veterans as I understand the VA is being Ornery giving Alex a hard time on his Greenhouse/which he should already be enjoying and raking in those vegetables..Mmmmm 

I would like to see his take on this? and ms berta 

 

I'd love to see or hear about you both winning out, so you guys can   enjoying your lives & family friends  More. 

I admire you guys.

Edited May 29, 2018 by Buck52

[broncovet]

Well, yea, who wouldnt want Alex Graham as their VA representative?  Alex and I have been friends for years, and he still does not have time to represent me.  

That's ok, tho, I really think some Vets NEED Alex more than I do.  Im pretty good with a computer and a search engine, and not every one is.  And I have been around long enough that I no longer beleive that VA is a

"pro claimant, Veteran friendly" system they make it out to be.  Back in 2002, 2003 and even later, I would not have beleived you if you told me that VA would shred my key evidence.  Or, that they would lie to keep from paying you benefits.  Boy was I ever stupid!!!!  How did a lot of those guys get promoted to GS13 or above?  

They didnt get promoted that high by reading over every word of our file and awarding us benefits in a fair, and Veteran friendly way.  They got that way by kissing bosses hiney and making him look good, and that often means delaying and denying Vets benefits.  

[Buck52]

No I didn't say for him to represent you?

 I just wanted Alex take on this & ms berta, about if the VA takes this to a new Direction. what would you need to do?

  broncovet,  you do a good job representing yourself and providing great information for other veterans.  and retaining an good Attorney when you need them.

I  certainly consider your one of the best elders hadit has helping these young Veterans today. 

Anyway what is a veteran to do if he knows for sure the VA shredded key records to be used as key evidence? and they lie...How would Veteran counter that? 

I mean do they say your records must have been shredded? or did the VA tell you that? and say something like

''your going to need to give us some more proof Mr Veteran  so that we can further process your claims. without your records we must deny.'' and to bad they got shredded.

https://www.usnews.com/news/national/articles/2008/10/31/military-veterans-benefit-claims-records-wrongly-headed-for-va-shredders

I do believe some veterans records were destroyed in the 1973 fire although they claim most were of older War War II Veterans records, in a particular area of the building.

 I find that hard to believe/it was older vets of war war II, a Lot of Vietnam Veterans records were burned up in the fire as well. 

Never the less if you had your records  & were shredded back in shred gate   would that be in your defence as to what your claiming with your EED today? or in part?

Edited May 30, 2018 by Buck52