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    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

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  • 14 Questions about VA Disability Compensation Benefits Claims

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

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    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

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • 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
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hurryupnwait

BVA

Question

Can anyone tell me what date (docket number) the BVA are presently working on?  I have  not been able to log in to Ebenefits for weeks.  When it does work the info it provides is highly suspect.

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I was wondering how the BVA would handle a  form 9 that was filed on Jan 3, 2012.  It sat waiting to be certified to the board for almost 8 years.  Would they feel an urgency to move on it because of the date?

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Yes, BUT, 7 years is not unusally long for VA/BVA.  The board is required to do them in "docket number order", and they dont have control over how long it takes to be docketed.  

So, they blame the VARO.   Its like that all over VA...dont worry about fixing the problem, just fix the blame on someone else.  

  I have a 2008 appeal docketed at the BVA ahead of you.  Its from benefits I applied for in 2002.  

The "Dec.2017" obviously means "if nothing goes wrong" and, "something always goes wrong" as you pointed out.  There is always a "glitch" in getting us our money.  If there were those glitches in getting VA employees paid, then those employees would all quit.  

I say they should "trade"...whoever works on paying VA employees, should be assigned to paying Veterans, and vice versa.  Then, VA employees would be waiting 4, 5, or 10 years to be paid, and Veterans would always have theirs straightened out in 2 weeks...by next payday.  

According to the link I posted for you, above, I think you have an average of 643 days, but that is after the appeal reaches the BVA.  

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That's a good question- the real question is why it sat at a RO for 8 years.

I had an I-9 at my VARO for 2 CUEs - 2003 and 2004  that were not resolved  until 2012 .

It was 2 simple and obvious CUE claims.

When I filed my AO IHD claim in 2010, my claim was sent to 2 or 3 wrong ROs, then finally to the Nehmer Philadelphia RO. I wrote to this VARO, telling them of those 2 CUEs , set for BVA transfer but never sent to the BVA- because they hinged on my IHD death claim.

They awarded one CUE ( SMC) and awarded direct SC for the IHD-the CUE appears to still be open,  but -long story- I requested a full audit of my claims ,with a complaint to the IG, and  letter to the person at IG who does audits and to both RO directors involved.

Maybe I will get an answer on what you are going through.

One thing is for sure- the VA has made every mistake in the book on all of my claims, as a surviving spouse.

The director of my RO even tried to get me to believe a false statement, totally disproved by the evidence they have.*******

They even attributed my husband's death to possible overdose of cocaine-he didnt even drink and they had a full autopsy and toxicology report showing only VA meds in his system.`996- I overcame that BS.

I told the IG and others above ,with proof that VA had withheld a signficant amount of money from me in three separate situations, that took a past Regional Counsel , and the GC in DC, to resolve.I know my 2012 audit is wrong.

 

******* I need to get this issue resolved for all other surviving spouses, if their veteran spouse was 100% Total SC and died , their death makes the 100% SC ,if continuous to death, a Permanent Disability.

That is BVA case law and stated quite clearly by th BVA , as well.

The director of my VARO wanted me to believe that any veteran with 100% SC, or 100%  1151 SC continuously in their lifetime, is not Permanently disabled with it when they die.Even in spite of a P & T status noted by 2  or more VA doctors, loss of Voc Rehab,  and an autopsy indicating 6 areas of significant brain trauma. that VA caused ( FTCA/1151).

Somewhere here ,under a search ,is the regulation for requesting an Advancement on the Docket and that might help you.It might be a form at the BVA web as well.

 

 

 

 

 

 

 

Edited by Berta
weather at high altitude

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https://www.bva.va.gov/CustomerService.asp

The BVA explains the criteria here for Advancement on the docket- it explains the criteria for that- and has to take the form of a Motion-

there should be a Motion template here somewhere-it does not have to be fancy-

Just state Motion for advancement on Docket, and put below it:

(Your name)                                                                Date:

V.

Secretary Robert Wilkie ,Veterans Administration          C file #

And follow the criteria at the above link ,stating why you shoud be advanced, and count your exhibits, list them and total  them at the end, and make sure you name, address, and C file# is on all of them.

We have one of two members who asked for this advancement here.

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • 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
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