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Axilleas

Unintelligible VA Claim/Appeal Timeline of events

Question

Hello everyone,

Sorry for the lengthier post...Theres a lot that if i omitted would be no help to anyone offering information because too much is missing. I've included my two earlier posts links at the bottom detailing what was my initial interpretation of my problem. After digging around, and piecing evidence from various sources this is the best i've come up with.

OK. So, my attorney had initially spurred this interest about a month ago. He saw something along the lines of "Full Grant" in the system and had no other details. I really took that with a grain of salt. But 2 weeks later i checked the new vets website and snooped around to find under my current appeal to the board, that one of the 4 requests for consideration was no longer an active issue, instead being closed with "full grant" for tdiu. Now my interest had piqued. I started calling the VA asking for more info on this. 3 phone calls, 3 different answers. VA hotline still operating as strong as ever there. One call however the rep was eager to help and seemed to confirm this with a DRO approval of tdiu. Said he was pretty sure it was just waiting for a signature to generate the letter, award. 

I couldnt buy it. It felt off, and fortunately i didnt take some of the advice in my last posts to "go collect flowers" or something equally worthless. When I've waited 9 years to arrive at this point, a likely another 5 to see the BVA...I can't afford to keep wasting months here or there waiting to finalize my plan of attack for fear of disrupting some internal pending status.

The discovery: I wanted some info i could use to support whatever might or might not have been what was happening. A friend of a friend works with the VSO, he offered to take a look and see what was going on. He hits me with some great news, or at least good, that it appears i had been awarded tdiu around the early august timeframe two other sources also said. And the bad news, that i also or primarily was awarded TDIU in FEBRUARY 2017!!!! WHAT THE xxxx...

So, here is what i'm struggling with in how/what occurred there. Ok, full disclosure - late 2016/2017 was during my last semester of college where i just couldnt do it anymore...white knuckle through my moral, spiritual death and keep it together any longer. Fell into heroin somehow and became more or less homeless till about Jan2018 when i cleaned it up. Could the va have sent an award or announcement decision i didnt get ahold of? sure. But, dont those correspondence state, if you dont disagree just sit back and wait for xyz to happen? It doesnt seem like an issue that would halt the process entirely. And i mean, entirely. There's never been an update to my rating. Ebenefits, and the VA call line, have not one trace to support any reference to the VA granting the issue. 

What could have possibly stopped even the recognition of the award in my summary from being updated? Now, i say this because recently my lawyer another piece of evidence...that the award was covering the 2010-2017 range. In my homelessness, heroin chase i did a few months in county jail. My attorney thinks this and a residence conflict might have had something to do with it. Why dont i feel confident with what his two cents are? Because he's wrong about 3/7 times. And depending on another post i just made about whether or not my attorney should be fired due to really no effort and perceived incompetency, might just can him!

I included the screenshots of vets.gov confirming VA granting one or more issue in feb 2017. Any help would really be appreciated. I just CAN NOT be 40 years old, having waited 10 or so years for a claim to resolve, when one or two of the last years maybe employed myself (electrical engineer) in some capacity... and then have to wait another 5 years because of a board decision for an issue that is no longer relevant to my disability, to receive judgement on without me jeopardizing or compromising all the time accrued waiting thus long. Another issue i have is lets say i had posted in march 2017, "Awarded when should i see anything" and was told to wait...i'd be right here approaching 2019 with my thumb in my ass!  Thanks again for the help, this community is immensely empowering...

 

INITIAL POSTS:

https://drive.google.com/file/d/1n4WCJKf6KEAUSMFFkUDGaU5eSGyq1uys/view?usp=sharing

https://community.hadit.com/topic/72946-tdiu-awarded-question/

https://community.hadit.com/topic/72944-disability-claim-granted-questions/#comment-453669

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hey so i called white house number, they dont deal with bva...they gave me numbers to local dav. looks like im out of options...i'll look into that ramp tho. thank you

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
      • 7 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
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