VSO AT BVA LEVEL SAY DELUCA DOESNT APPLY???

[paulcolrain]

SO ,,, ACCORDING TO MULTIPLE VSO'S AT THE BVA LEVEL ARE UNDER THE IMPRESSION THAT THE DELUCA ARGUMENT OF LOOKING TOWARD THE MEDICAL EVALUATION FOR FUNCTIONAL LOSS DOES NOT APPLY TO CLAIMS THAT ARE AWARDED WITH ORIGINAL GRANT OF SERVICE CONNECTION RATING CRITERIA...

LIKE WHAT???????

ACCORDING TO THEM THE APPEALS MANAGEMENT CENTER AT THE BOARD OF VETERANS APPEALS IS NOT LOOKING FOR DELUCA IF YOUR AWARD IS THE FIRST AWARD OF SERVICE CONNECTION. THEY ONLY CONSIDER DELUCA WHEN ITS A GRANT FOR INCREASE.

Edited July 28, 2018 by paulcolrain
MORE INFO

[pwrslm]

Start at the BVA, research Deluca rulings. Find anything related to increase. This should give you the answer.

 

https://www.index.va.gov/search/va/bva.jsp

[broncovet]

It sounds like you are already rated, so yours is an increase.  While I have not read DeLuca recently, there seems to be little, if any, distinction between "pain" on an initial claim, vs "pain" on an increase.  

In short, trust case law and your own research not even a "group" of poorly trained, uninformed VSO's, many of which got their information from other poorly trained, uninformed VSO's.   

Remember, the VSO sign a contract with, and get free rent from, the VA.  So, who do you think they represent, you or the VA?  

I wish I could get back "half" the money that poor VSO advice has cost me.  This is why there is hadit, VSO's have their own agenda which has little or nothing to do with your agenda.  

My VSO advised me that my 0 percent rating for hearing loss "was correct", that I should not file a nod for it, but should file for an increase, instead.  

While I have not tallied it up YET, this advice looks to cost me at least 50,000.   Im still fighting it, but it cost me "at least" the interest on 50,000 for 18 years.  

Edited July 28, 2018 by broncovet

[paulcolrain]

7 minutes ago, broncovet said:

It sounds like you are already rated, so yours is an increase.  While I have not read DeLuca recently, there seems to be little, if any, distinction between "pain" on an initial claim, vs "pain" on an increase.  

In short, trust case law and your own research not even a "group" of poorly trained, uninformed VSO's.  

Remember, the VSO sign a contract with, and get free rent from, the VA.  So, who do you think they represent, you or the VA?  

I wish I could get back "half" the money that poor VSO advice has cost me.  This is why there is hadit, VSO's have their own agenda which has little or nothing to do with your agenda.  

EXACTLY.... I COME HERE THEN I CALL THEM BACK AND THEY ALWAYS LIKE,,, AH WELLL AHHH  WELLL.,,,, YEAH I SEE YOUR POINT AND YEAH WE SHOULD FILE A NOD... THEN IM ALWAYS LIKE WOW,,, 

NO I WASNT SERVICE CONNECTED UNTIL JUDGE GRANTED THEN I WAS BUT JUDGE DECISION STIPPELATED THAT HE HAD NO JURISDICTION ON RATING BECAUSE IT WAS A NEW SC... THE RATER FAILED TO QUALIFY DELUCA WHEN LOOKING AT MY MEDICAL EVIDENCE THEN THEY GOT CAUGHT ON CUE... WHEN THEY RATED ME THEY WENT TO EFFECTIVE DATE OF REOPEND CLAIM BECAUSE ALL THE EVIDENCE WAS DURING THE APPEAL... THE CUE EVIDENCE WAS WHAT THEY USED AND THEY SAID SORRY WE MISSED THIS AND GAVE DATE OF MED EVAL.

SO THEY ARE SAYING THAT DELUCA HAS NO FORCE IN RATING A NEWLY SERVICE CONNECTED CLAIM. 

IN MY OPINION ALL SHOULD BE LOOKING AT THIS BECAUSE IM SO VERY SURE THAT IT DOES.... DELUCA IS NOT JUST AND ONLY FOCUSED ON WHEN DECIDING AN INCREASE ITS WHEN DECIDING A RATING PERIOD.

Edited July 28, 2018 by paulcolrain

[broncovet]

I have been doing my claims over 15 years, I have answered "Thousands" of other Veterans questions on hadit, and have filed a Pro Se Writ of Mandamus.  

I dont let the title "VSO", "VA rating specialist", or even an "attorney" intimidate me.  Dont get me wrong..there are many knowledgeable VSO's, many smart raters and many great attorney's.  

I was speaking to my attorney just a few days ago.  We were discussing the possibility of a "Clark" remand.  

A "Clark" remand is when the CAVC remands your claim to the BVA and the BVA completes your remand in less than 90 days and you "dont" sign a waiver of your full 90 day rights to submit new evidence.  

This is CUE on VA's part.  Its pretty much an "automatic" remand.

My attorney then would get paid, and "he" suggested I represent my self at the BVA.  (His firm handles only CAVC stuff, no BVA)  He said I was "Well smart enough" to handle by own BVA appeal.  

[63SIERRA]

there has recently been actions at the VA with plans to rate PAIN in its own separate stand alone category.

[paulcolrain]

im only days away from deciding to hire attorney for CVAC level.. my bva decision came down August 14 2017 with a win and a remand.... the  remand portion is soon to be decided within a few days... bronc your very right. i would never go to cvac without an attorney but i would go back to bva without.