Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

Sponsored Ads

  • Available Subscriptions

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Searches Community Forums, Blog and more

  • 0
Sign in to follow this  
paulcolrain

great bva letter arrived....can the judge allow paramid?

Question

not wanting to get to involved in the absolute of this but,,,,,

has anyone heard of a Washington DC Judge find his way around pyramiding....? 

his order describes that i DESERVE A HIGHER RATING IN ADDITION TO THE ALREADY BILAT 10%,,,, THEN EXPLAINS WITH DETAIL THE NEW SERVICE CONNECTIONS... MY POINT IS,, A LAYMAN WOULD NEVER PUT THIS BEFORE A JUDGE AND WOULDNT KNOW INS AND OUTS OF LAWS THAT THIS JUDGE DOES......THE JUDGE IS ORDERING THE RIGHT TO PYRAMID BUT HE IS DESCRIBING IT SO DIFFERENT IN LEGAL TERMS THAT IT IS NOW CLEAR OF PYRAMID ..........

SO THEN THE QUESTION REMAINS,, COULD THE RATER OVER RIDE THE JUDGE??? IM DOUBTFUL THAT COULD HAPPEN EVER......

maybe the judge is looking at ESTEBAN v BROWN

Edited by paulcolrain

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

The rater can not over ride the judge.  But the rater can manipulate.  In other words, if the judge did not specify a disability percenatage, they can give you 0 percent.  Or, if the judge did not specify an effective date, your rater can hornswaggle you on the effective date, and you would still have to appeal the hornswaggeled decision.  

Share this post


Link to post
Share on other sites

Ad

  • 0
6 hours ago, broncovet said:

But the rater can manipulate.  In other words, if the judge did not specify a disability percenatage,

442203663_Aug62018VADecOrdPg11of13.thumb.jpg.041865723998ec2e51a20193c47bd81a.jpg

Share this post


Link to post
Share on other sites
  • 0

Did the board decision specify an effective date?  

I think Congratulations are in order, the board has apparently awarded you benefits.  

I think you are probably numb, and not even beleiveing what you read.  I have done that.  

Edited by broncovet

Share this post


Link to post
Share on other sites
  • 0
46 minutes ago, broncovet said:

Did the board decision specify an effective date?

yes ill show here.... but please remember,,, im alreaady rated 10% bilat for radiculopathy DC 8520 and judge knew that .... thats why im confused.. unless judge granted based on what he knew in record should allow it...?1104783904_Aug62018VADecOrdPg3of13b.thumb.jpg.a8d84a118ea131fb3968450ad0d6c4b4.jpg

Share this post


Link to post
Share on other sites
  • 0
21 hours ago, broncovet said:

board has apparently awarded you benefits. 

CHECK THIS OUT BRONCO,, THIS IS SOMETHING I FOUND ON BVA SEARCH DECISIONS.... ITS NOT MINE BUT IT DOES SHOW PRECIDENT WHEN JUDGE OVER RULES PYRAMID...

The Board observes that it is a matter of public record that the Court, albeit in a non-precedential manner, has noted that there are situations where, for example, "compensating the appellant's sciatic nerve symptoms separately [from external popliteal (common peroneal) nerve symptoms] would appear to not run afoul [of] the rule against pyramiding.  38 C.F.R § 4.14 (2015)."  Defazio v. McDonald, 2015 U.S. App. Vet. Claims LEXIS 1304 (U.S. App. Vet. Cl. Sept. 28, 2015) (non-precedential).

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 1 reply
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines