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Severance of benefits AO

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ruby

Question

I’m having issues navigating on my iPad so I can’t research hoping someone knows this answer, someone I know from a va class we attend sent in for an increase he received his decision:

Background:

He was granted service connection  in 2014.  

He served in unit 330 ordnance 9/64 - 8/65 , Korea Ascom, he was told that he was in the dmz zone at some pt

He applied for an increase for several items that he was serviced connected for:

Decision:

 Are records  reflect that you are a veteran of Peacetime and Vietnam Era Rating decision dated Sep 2017 proposed the severance of several service connected disabilities.  The due process for that proposed severance has expired.  We will now make a final determination on those proposed actions.

everything is denied or severed 10-18 because:

We have been unable to confirm exposure to herbicides on either a presumptive or facts found basis.  His last page is missing it says more on why.

has the presumptive period changed orthe unit he belongs  to wasn’t in a herbicidal  area.

what I’m reading basically says we made a mistake in 2014 is that really possible?

he is working with the DAV and all they tell him is to nod.

 

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Does the VA go into a Veterans C-File After more than 20 years  just to try to take away the veteran benefit's?  they need a reason to do that  don't they?

Looks like after a veteran had his 20 years or more in on his S.C. Disability that was decided by the  VA boys that love to play God & they made this decision more that 20 years ago...why can't they leave these Veterans alone? and let them live out their life with family and some peace and dignity. 

If the veteran was fraudulent with his claim and goes 20 consecutive years  why look into it now? they had 20 years to find he committed Fraud. if he did!

I certainly don't condone veterans that commit fraud  but after 20 years  or more and they find some how the veteran did commit fraud...well its just seems a bit ridiculous.

Edited by Buck52
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The proposed severance was dated Sept 1 2017. The poster stated that VA said :

  "The due process for that proposed severance has expired.  We will now make a final determination on those proposed actions."

I guess there was no DRO hearing or any attempt to rebutt the severance with additional evidence.

But even if he could prove his unit was in support of any service personnel on the DMZ, the VA would hold to the date timeframe in the regulations.

It is always possible that this veteran could find some links in his SMRs to the  conditions he has that VA says are not AO presumptives and file a new claim.He could also go over the link I posted as to AO outside of Vietnam.

Then again we do not have the whole story.

 

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Think about that history. He applied for benefits. They call him in for a C&P. He doesn't report. The claim then turns into one for "If you don't come in and let us examine you, we're going to 86 you." He doesn't go in for the c&p and they revoke the SC. It could be more innocuous than that but if you do not report, the poop will hit the rotary oscillator. Usually they reduce you to 0% until you show up. It does say severance which means JCRUR might have finally caught up with him. 

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VA FOIA Request for his complete VA RO C-File and "ALL" his Service Records on a Searchable CD?         My 1st C-Fie handled it personally while at my RO for Voc Rehab for VR VOC Rehab meeting. The RO took about 14 months from 09/12 to send about 12 inches of files. My last Fax VA FOIA 11/2014 or 15 took about 2 days to show as a New E-Ben Claim. CD arrived within about 8 months.  Everything you need to see that he can't remember will be there for your searchable ability.

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