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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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WomanMarine

How to Appeal a RAMP decision

Question

I opted into RAMP the first of May, however my VSO did not sign the paperwork and it was not submitted till 5/17.

I had two issues with my claim.

First they did not rate my knee, which was my original injury that has now caused issues with my back and left knee.  Secondly, in 1980 the VA removed my 0% rating that the VA had given me in 1976 and totally removed my 'service-connected' injury. This is a CUE as they should have upgraded my disability, rather than totally remove it.

Yesterday I learned that the VA has approved the rating on my knee. This would take my 80% P&T to 100% P&T. I do see that there are benefits that come with 100% P&T, but the record should be corrected to reflect the 'early effective date'.

I do understand that the VA, generally, will only rate on issue @ a time ... 

So my question is ... since I had a 'high level review' ... How do I challenge RAMP?

I apologize that I do not have the 'letter' to determine their exact 'verbiage' ... but whatever it is, it will be wrong in this case.

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How in the World did you get from May 17 opt-in to a decision in just two months?   This sounds like a RAMP record to me.  I am a VSO in Texas........to answer your question file now for Appeal Board Lane,  As I understand they will start looking at those Appeals in October 2018 as a test-run leading up to releasing the full model in February 2019.  That is the way to go and the sooner you file I would assume the better and earlier your will get in front of a Judge. I would recommend asking for a Hearing....might take longer but you then get to make your case in front of a Video Judge or maybe even a live Judge.....and a lot of times that is the difference-maker you need and want.   Good luck and keep us posted with your case.

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18 minutes ago, Wayne TX said:

How in the World did you get from May 17 opt-in to a decision in just two months?   This sounds like a RAMP record to me.  I am a VSO in Texas........to answer your question file now for Appeal Board Lane,  As I understand they will start looking at those Appeals in October 2018 as a test-run leading up to releasing the full model in February 2019.  That is the way to go and the sooner you file I would assume the better and earlier your will get in front of a Judge. I would recommend asking for a Hearing....might take longer but you then get to make your case in front of a Video Judge or maybe even a live Judge.....and a lot of times that is the difference-maker you need and want.   Good luck and keep us posted with your case.

Well I am not sure they actually did much ... 

From what I can get from my VSO is that they approved my 30% on my R knee, which was the reason I was discharged. I had issue with it right out of service and lost my first job. VA put me in full leg cast for six months. I then applied for Voc Rehab, VA denied, but gave me 0% and gave me a 'service-connected' health benefit card. Four years later, knee goes out again tearing ligaments ... I applied for disability. Denied and my 0% removed. They stated 'normal progression' ... That is CUE and why I believe I should have an earlier effective date and will have to appeal ... 

Does it ever end ...? 

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Hmm.

Server seems to be down but I did get this ... 

So I believe they have 'closed' the file'. 

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I generally dont speculate "what VA means" with ebenefits.  This is like trying to figure out what the weather will be based on a sow's ear, because ebenefits is unreliable.  

This said, it sounds like you got 100 percent in some sort of higher level review, but speculating on an effective date is also pointless without a written VARO decision.  So, in that, Congratulations.  Well, maybe if ebenefits is correct.  Try this one thing.  Go to ebenefits and try to print out an AB8 letter.  If you can do so for 100 percent, its likely that has happened because as unreliable as ebenefits is, the VA does not want people with letters saying they are 100 percent printed off ebenefits if they are not actually rated that.    

Did I mention you need to wait on the envelope on not count on ebenefits?  

You would appeal a ramp decision the way you always did, with few changes:  You file a NOD to a VA originated decision within a year, and you file a NOA to a BVA decision within 60 days.  Yes, you can dispute the effective date with either a VARO, DRO (or higher level review), or BVA decision, and, you should do so if you think they got it wrong.  

Ebenefits, for example, shows the effective date "of the most recent pay raise" (not the real effective date), which is usually Dec.1 of the previous year.  

I know there is a great temptation to speculate on what ebenefits says, but my long experience strongly says to wait for the envelope.  Some Vets advocates even recommend "not" checking ebenefits for this exact reason.  

To find out more about appealing a ramp decision, read this, as you did not mention which "level of review" you selected with ramp.

https://cck-law.com/news/everything-you-need-to-know-about-RAMP/

Edited by broncovet

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