Veteran Claim Status Adjudicated Differently

[Sailorman]

I have posted part of this issue before but not in detail. I need additional information, so I’m posting once again. In hopes to get the assistance I need after post more detail. 

Here it goes: I have had numerous claims submitted since being discharged. Let’s say, 5 claims that was submitted soon after I was discharged the VARO failed to properly adjudicate my Theater service in these claims. However, the VARO did, however, adjudicate my Theater service since then correctly.  

My first 5 claims have be in an open appeal   but the issue of Theater service has not been raised thus far at the BVA.  The only issue that have been raise thus far are a higher %. 

What are your thoughts and or opinions? 

 

[broncovet]

Unfortunately, the VA LOOOVES to seperate each issue in order to drag out awarding you benefits for as long as possible.  

Often you have to fight them on multiple issues such as:

1.  Denial of service connection

2.  Disability percentage

3.  effective dates.  

      However, if you keep "the appeal alive" by following all the timeliness rules, you should maintain the "pending" claim so that you can potentially earn benefits back to day one.   If you mess up one time, it can end your claim.  Remember you have 2 deadlines for appeals, not one.  

1.  You have to file a nod within a year.

2.  You have to file the I9 within 60 days of the SOC.  

[Berta]

"Theatre " service might only be an issue for claims that would fall under the presumptives.

(such as AO presumptives)

It should not be an issue  for claims under Chronic Presumptives regulations.

Can you scan and attach here at least one of their decisions, that you filed soon after discharge, that also did not account for Theatre service?   (cover C file # and name prior to scanning it)

I dont see how it could raise the percentages you have now.

But-I really dont understand your question-

 

 

Edited June 18, 2018 by Berta

[Buck52]

I don't understand his question either Ms berta

''Here it goes: I have had numerous claims submitted since being discharged. Let’s say, 5 claims that was submitted soon after I was discharged the VARO failed to properly adjudicate my Theater service in these claims. However, the VARO did, however, adjudicate my Theater service since then correctly.''  

As I take it they were looking at some higher rated claims or claims issues%  but  he  has other claims still in appeals from his duty time in Theatre service at the BVA?

but he speaks of his Theater claims not being adjudicated  maybe he is filing a PTSD Claim and not showing his hostile Theater service medals like CIB? for his stressors for his stressor proof or its not on his DD 214  (Just taking a guess?)

[Berta]

" he speaks of his Theater claims not being adjudicated  maybe he is filing a PTSD Claim and not showing his hostile Theater service medals like CIB? for his stressors for his stressor proof or its not on his DD 214  (Just taking a guess?)"

Buck- you are right-that is a very good guess-but I think he gets SC for a MH issue already-

I  also think Sailorman is referring to these issues:

https://community.hadit.com/topic/71730-2014-claims-reopened/?page=2

 

 

[Buck52]

OIC , Roger That!

[Sailorman]

I’m sorry for the confusion. Let me try to clean things up and be more clear. 

 

I wasn’t awarded 100 percent until 2012. The VA did not begin adjudicating my claims and considering my claims under Gulf-war service until 2004. However, I have had 5 claims in appeal since 1996 that was never considered or adjudicated under Gulf-war service. The claims were decided under peacetime service instead. 

 

I won on the 5 claims the first time at the BVA.  I was granted ED of 8/1987...10% for ankles and 20% for back. I’m appealing for an increase and hopes that I can raise an argument on presumptive service or something.