Question??

[Ann Bracey]

The last time I was on this site I left with a very bad feeling ( almost an insult). However I am going to ask this one time in hopes for an answer to my question. I did try contacting Chris Attig as well as other sources and never was able to speak to anyone. If there is a way to speak with someone regarding my issue could someone be so kind as to provide me with it?? I think Miss Berta could answer my question but not sure she would want to. I have called the VA 800 number and they knew nothing about what I was asking. Hope i might get some positive kind response today.

Thanks,

Ann Bracey

[FormerMember]

I don't think the BVA decision cited is  the right one.( https://www.va.gov/vetapp18/files4/1820956.txt ), Ann informed me all the adjudications occurred at VBA 318 (W-S) not St. Pete's( 317). The decision cited says:

In January 2010, the RO received a request from the appellant to reopen the issue of entitlement to DIC based on service connection for death of the Veteran. 
The RO reopened the DIC claim in an October 2010 decision and granted the appellant DIC based on service connection for death of the Veteran with an effective 
date of January 27, 2010.  The appellant filed timely notice of disagreement and Form VA-9 to appeal that determination.  

Ann told me BVA, not the RO, granted DIC in 4/2018 back to the date of reopening of the most recent DIC filing which was in 2012.The bone of contention is  the proper EED which Ann feels should be 2010-not 2012. The above decision deals with an EED of 2000.  Further, the disease he died from was not in §3.309(e).  However, the BVA judge, based on an IMO from his doctor and the autopsy results, chose to imply that it (the disease) fit roughly into the §4.124 DC 8004 Paralysis Agitans category. The rest of the evidence shows he was working on the perimeter of Korat RTAFB constantly which established his legal presumption of exposure. 

I sure don't see any need to take this up to the CAVC. But, for argument's sake, let's say she lost at the Court. Her legal option then is to return to the RO and file a new 20-0995 within one year to protect her entitlement to 2010. Or... she could skip all that CAVC malarky at the outset and just return to the Winston Salem RO now-today- and refile the 995. Same legal difference except she'd lose a year at the CAVC waiting for a denial.

With the exodus of Schoelen and Davis, we do not know what we'll be getting for replacements. Falvey, Toth and Meredith are all  proven to be virulently anti-Vet. As it stands now, you have a 36% chance of drawing Allen, Pietsch, Bartley or Greenberg. With the new AMA, why bother? If you can still create new and relevant evidence, you can keep your claim/appeal stream open forever without losing the EED. That's about the only plus in the new system.

  

 

 

Edited September 26, 2019 by asknod

[Berta]

Maybe this was the BVA decision:

https://www.va.gov/vetapp18/files3/1818280.txt  I also think there might have been more than one BVA decision----but dont know....

"Her legal option then is to return to the RO and file a new 20-0995 within one year to protect her entitlement to 2010. Or... she could skip all that CAVC malarky at the outset and just return to the Winston Salem RO now-today- and refile the 995. Same legal difference except she'd lose a year at the CAVC waiting for a denial."

I certainly agree Alex and there is still time( I think) to file a NOD, if she has a recent decision from the RO.

I asked if she filed a timely NOA at the CAVC,but she never replied.

Maybe she did?

It is unfortunate and has been time consuming that none of us ever had her BVA docket or any scan of their decision. Or any RO decision attached here at all.

Thank you so much for reviewing all this for us Alex !

I hope she takes your excellent advice!

 

[FormerMember]

Some people are adverse to relinquishing all their information so it is not odd that Ms. Bracey might have neglected to supply a link to a BVA decision. It's entirely possible she is unaware of the BVA decisions site and thus would be oblivious its presence on the internet. Not all of us have the same computer skills.

It strikes  me as equally odd that Ms. Bracey divulged her location (North Carolina) and some opined by pulling up up BVA decisions from St. Pete and Houston with dates which do not comport with her adjudication date or the requested EED of 2010. I sometimes read where some contributors are incensed that no one reads through a complete thread before commenting (inappropriately) about a possible legal strategy. I understand their angst.

The AMA is rather murky about what happens after the BVA and rightfully so. Many of us accredited litigators (and I know that grates on a certain contributor's ears here) fears were put to rest at the Portland, Oregon NOVA conferences last week. Although the CAVC is an Article I Federal Court outside the purview of the DVA, the path to a supplemental claim now exists rather than the former (and only) appeals avenue to the CAFC. In essence, if you comply with the suspense date of one year following a BVA or CAVC denial, you can keep your EED claims alive. I'm convinced you can pursue both paths simultaneously but I haven't yet tried the technique-e.g. file a Notice of Appeal at the CAVC while simultaneously filing a VAF 20-0995 with N&RE. Nowhere on any VA website will you find CAVC information because it has nothing to do with VA. 

I did see a link to the  AMA possibilities mentioned but some folks are loathe to do their own research. I will refrain from any more diatribes about being very careful when you offer advice because that merely irritates certain contributors here. Additionally, I won't  comment on the futility of dragging up extraneous BVA decisions that are irrelevant or have no bearing on the question. Offering advice is often a crap shoot as most of you should know. Ms. Bracey contacted me via email as any of you can. I called her back the next day and listened for 5 minutes to her plight. It wasn't complicated or hard to comprehend. She was the victim of well-meaning Veterans Service Organization folks who have no legal training-and worse-have no desire to learn. They refused to file it for her! Attorneys who graduate from law school actually have to park their learning at the door and begin over when they enter the VA litigation arena. This is why we see novitiates fresh out of prestigious law schools who are hired by big gun outfits like H&P, Attig Steele and CCK arrive every spring and fall on their company's dime for a nouveau education on VA law at the NOVA conferences. VA law is to law as Military music is to music.

 Unlike most of you who use a moniker, I have a name and am easily found in the VA's Accreditation search. My email is listed on my person data here. I get over one hundred queries a month. I answer every one as soon as possible. Some here have implied I use Hadit as a resource to find clients. The very last thing I need is more clients. I refer almost all who contact me to other attorneys I trust. But, like most of you, I am a Veteran first and foremost. I adhere to Theresa's Prime directive- Leave No One Behind.  

A bit of advice to those of you thinking of calling up attorneys and asking for advice. Many outfits (big ones especially) insist their attorneys and agents actually work on claims. They do not have the luxury, as I do, to discuss these issues with a potential client seeking advice. They have intake personnel who screen you to determine if your claim is even remotely viable before they refer it upward. They do not offer advice, however. Hence, it would be impractical, not to mention impossible, to call Chris Attig up and discuss it with him. I talked to him last week at the conferences and he stated his practice now is almost exclusively devoted to the CAVC. In addition, his practice now spans multiple offices in different states. I admit it's different for NOVA folks. We have the ability to call up our opposites at other outfits like CCK and talk directly to attorneys we know. I occasionally seek advice there (CCK) from my friends I know. Some of you here feel I come across as condescending or officious. I learned this all the hard way over 30 years of doing my own claims. I know what works and what doesn't. Reading unwise advice grates on my sensibilities and I tend to respond with sarcasm. 

There is no such thing as a "template" for any VA claim other than a VA form. I try to impress on all that each of your claims is horribly unique to you only. No two Veterans have the same exact history. How else could I take a Vet who admitted snorting cocaine post-service to the BVA and win his claim for HCV? Everyone at NOVA told me it was a fool's errand. 

I consider myself fortunate that I did not attend law school. I have no preconceived ideas on how to present a claim. In fact, I have an attorney for a client who chose me for that selfsame reason. Her plaint about attorneys was the analogy to the drug commercial of the 90's- i.e. "This is your brain" (an egg). This your brain on a Juris Doctorate" (egg frying in a pan). With all due respect to my many friends who have JDs, I find the analogy apt.

For the record, I think the most cogent remark made in this thread was the very first reply by GBArmy. It induced Ms. Bracey to reach out to me. Bingo. Problem solved in a 10-minute telephone call without 14 pages of conjecture. Perhaps some of the big Poohbah commentators who opine here regularly (no names necessary) would be more helpful if they chose to provide their contact information to better help their fellow Veterans less knowledgeable in the art of VA law. 

I'll leave you all with that thought to ponder...and that thought alone. 

 

[paulstrgn]

Glad to hear you were able to help Ann.

[Buck52]

Roger that to what all you mention Alex

here is one of Ann post to me 

 here is what she ask on the first question

I advised her to seek an attorney or claims agent and I don't know what else to say on here that's not been said from other members

I won't comment on these  (Ann)post anymore this is my last one.

  This is out of my experince and dealing with DIC EED, of her hubby deaths.

Reopen claims  and re apply for the correct EED ect,,,ect,, Only an experience Attorney/VA Claims Agent  can Help Ann  (jmo)

''Hi Buck,''

''I have posted a question today in hopes for an answer. My last post your response was negative.''

''Yes I have been told to seek advice of attorney which I have tried to do but to no avail nothing. I receive emails from Chris Attig but have never been able to just speak with anyone. My appeal for EED of my DIC was denied and I know it was because of the regulation stating a reopened claim if granted the EED will be the date it is reopened. This was with the BVA and I understand that regulation. Now I am faced with what or if I should continue  and if I do how to go about it. I will not ask for EED of DIC . I think because my husband passed in 2010 the SC cause of death should have EED of 2010. If you have any response I would appreciate it.''

Ann Bracey

Please Note: I will not post any more on Ann postings  I am not qualified to advise her or give or information on what she ask. I don't know enough about DIC and how to get an EED back to 2010 the year her hubby passed away...from reopen I understand the EED GOES BACK TO THAT REOPEN DATE OF CLAIM?

....  BUT MAYBE A QUALIFIED EXPERIENCE ATTORNEY OR CLAIMS AGENT CAN HELP HER MORE   IF SHE IS ENTITLED TO THE EED Back to 2010  then hopefully someone can help her get that.

 

 

Edited September 27, 2019 by Buck52

[Berta]

Here is the form 20-0995

https://www.vba.va.gov/pubs/forms/VBA-20-0995-ARE.pdf

 This is  for a Supplemental claim and requires submission of New and Relevant Evidence.

 I hope she does take your advice:

 ."  BUT MAYBE A QUALIFIED EXPERIENCE ATTORNEY OR CLAIMS AGENT CAN HELP HER MORE   IF SHE IS ENTITLED TO THE EED Back to 2010  then hopefully someone can help her get that."

Tbird gave her a link to vet attorneys , and I believe all of the Vet orgs can be found at the VA web site.

This is a Big and new change in the Question posts and other posts:

" I will not ask for EED of DIC . I think because my husband passed in 2010 the SC cause of death should have EED of 2010. If you have any response I would appreciate it.''

I have no expertise or knowledge at all to understand what this form could accomplish,monetarily , for Ann, since the DIC eed is no longer the issue.

Accrued was never mentioned here-so I imagine it cant be that. If so a lawyer would know.

She should certainly file the form however, if she has new and relevant evidence.That area she needs to fill out ,is part of the form.

I googled 'vet lawyers who handle DIC denials and this search came up:

https://www.google.com/search?q=vet+lawyers+who+handle+DIC+denials&rlz=1C1CHBF_enUS695US695&oq=vet+lawyers+who+handle+DIC+denials&aqs=chrome..69i57.11199j0j8&sourceid=chrome&ie=UTF-8

"About 2,930,000 results (0.61 seconds)"

Actually all veteran lawyers should be able to handle DIC issues. 

 

Edited September 28, 2019 by Berta