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Advice requested...

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Jamezam

Question

This post is about seeking the best advice for my next step(s). I'll try to be as succinct as possible, however, we are talking about the VA compensation process.  

I received a BVA decision in December 2018, most appeals were denied, however, the important one’s, back increase (40%) and SC for migraine headaches, although zero percent, were granted and the BVA judge also stated:

TDIU: VA treatment records have raised the issue of TDIU as part and parcel of the claims for increased rating; the Veteran has submitted several records indicating findings by VA that he is not employable at present due to his service-connected disabilities. This claim has not yet been adjudicated, and further, in light of grants of service connection and increased rating herein, required additional development.

I currently have a total rating of 60% and the VARO TDIU decision states:

Entitlement to individual unemployability is denied because you have not been found unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities. This case has not been submitted for extra-schedular consideration because  the evidence fails to show you are unemployable due to service connected disabilities. (38 CFR 4.16).

I received a fully favorable decision for SSDI by the Social Security Administration and VA Vocational Rehabilitation and Employment Services States:

After carefully reviewing the evidence, I have determined that it is not reasonable to expect you to be able to train for or get a suitable job at this time.

I had a VA/social security attorney, whom I felt was not meeting my needs as there was very limited communication on their part, I’d filed a complaint with them letting them know, I didn’t need hand holding, however I do expect my representative to take action on the BVA decision, appeals, CUE, etc. It seemed like they weren’t interested in working on my behalf, and I kind of felt like they were just waiting for a positive VA decision so they could get paid. I am completely aware VA things take time, and I’ve been battling the VA for three decades now.

Anyway, I decided to contact CC&K and they informed me they aren’t interested in taking my case. I’ve already filed a NOD and I have no idea what’s going on with the VARO remand response to the BVA.

I’m almost sure, I can win an increase for my migraine headaches rating and entitlement to TDIU via pro se representation. However, I would love to have some assistance and not sure if I should keep contacting attorney’s, VSO, forum buddy, or go on my own. I’ve only had one attorney in all the years I’ve been pursuing my VA compensation rights, my previous VA claims were won on my own, and I’m almost positive both my SSDI and BVA claims were granted without any assistance from the attorney. They got their VA 20% and SSA $6,000, so I figure were good and it was time to terminate our agreement and move on.

Thanks in advance…

 

 

 

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12 hours ago, broncovet said:

This has happened to other VETS:  They did not get notice of a c and p exam, then VA denied because they did not show.  I will advise you as I advised them: 

2.  Contact your VAMC "especially" the name of the doc where you were "supposed" to show up, but did not get notice.  Tell them the notice was apparently sent to the wrong address and you "WANT TO RESCHEDULE" the c and p exam.  TO find out who/where the exam was scheduled you "may" need to look on your VBMS file, and, to do that you need an attorney or VSO with VBMS access.  

5.  Check your address on ebenefits/VAMC/ or whereever else you can find.  See if addy is correct.  

     I read a case where a Vet was a no show, and VA did not send the notice to the correct address.  They have to document they sent it to (your address), and you can ask for this documentation.  

     Either way, you should get beneifts, its a question about effective dates.  If this denial is "fresh" (within a year) and you file a nod, you can "probably" win and even win an effective date.  But, if you waited over a year..probably you would lose an effective date appeal, absent some extenuating circumstances.  

Broncovet, I've already filed two NOD's in reference to the denials, however, it sounds like I need to do another NOD in reference to the supposed seven missed exams. In fact, I've had three exams in the last year, that I received notifications of.  I've never not received an exam request in the 10 years I've lived here and I've never missed or rescheduled an exam. I just can't understand why all the sudden, I was supposedly scheduled for seven exams, that I never received one notification on.

2. When you say contact your VAMC c and p office, do they have offices at the VAMC that can view the VBMS? Do I have to give POA to have a VSO?

5. I've checked my address in all of the places I can think of and verified my address with the VARO and the BVA. They are all correct. Who do I contact about getting the proof of notices? Is this a FOIA request? IRIS? It's only been since December so I have plenty of months ahead of me for appeals. Because my previous appeals were at the BVA (BVA decision December 2018) and three items remanded to the VARO, shouldn't I have received a SSCO or further correspondence from the BVA?

Thank you Broncovet

 

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1 hour ago, Buck52 said:

FOR SOME REASON OR ANOTHER I HAD THOUGHT YOU ASK FOR THE 38 4.16 (B) EXTRA SCHEDULER FOR THE TDIU???

YOUR LETTER FROM VOC-REHAB VR/E THE COUNSELOR HAD WRITTEN YOU A LETTER DECLARING YOU WERE INCAPABLE OF ANY TYPE OF EMPLOYMENT? OR RETRAINABLE AT THIS TIME DUE TO YOUR  S.C. DISABILITIES ?...THIS IS GOLDEN EVIDENCE FOR THE TDIU.

IF THE RATING BOARD DID NOT CONSIDER THIS?    THIS COULD VERY WELL BE ''CUE.''

ESPECIALLY IF YOU SUBMITTED THIS VOC-REHAB LETTER?

I had applied for TDIU, based on the BVA stating "VA treatment records have raised the issue of TDIU as part and parcel of the claims for increased rating;" After completion of the above, adjudicate the issue of entitlement to TDIU. If the benefit sought remains denied, furnish a supplemental statement of the case and then return the appeal to the Board, if otherwise in order." My question is, where is the BVA in all of this? I've not had any correspondence from them since December 2018.

Is the rating board the VARO or BVA? I submit everything I feel will help my claims, but a lot of it always seems to go wayside. The BVA makes no mention of the VOC-REHAB letter and they did not take into account my SSDI, I'm assuming because my SSDI decision was the very end of November 2018 and my BVA decision was December 18, 2018.

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3 hours ago, Buck52 said:

This Veterans has been at the same address for ten (10) years.

I am fairly sure he can check at the VBA (Veterans Benefits Administration) and request a VSO There open his VBMS , He will need to sign the FOIA .Need Claim # and or SS #

Unless the VBA has change the rules?

THIS IS A FREE CHARGE

If the clerk at the VBA says no they can't do that?   then ask to be showed the regulations that says that.

Actually this is what the VBA is for.  to assist veterans.

Just remember to keep your filing timeline within the limits of 1 year from date of denials.

I've been at the same address for 10 year and I have never missed a notification of exam, and I've never missed an exam.

As I asked Brocovet, do I have to sign a POA to have a VSO look at my VBMS. What's the easiest way to view my VBMS without having to deal with an argumentative unhelpful VSO? I've read some horror stories about certain VSO's...

Thank you...

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Thanks everyone, I've had food poisoning for four days now and no sleep in three nights. I'll keep this post updated when I can digest everything.

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  • HadIt.com Elder
2 hours ago, Jamezam said:

I've been at the same address for 10 year and I have never missed a notification of exam, and I've never missed an exam.

As I asked Brocovet, do I have to sign a POA to have a VSO look at my VBMS. What's the easiest way to view my VBMS without having to deal with an argumentative unhelpful VSO? I've read some horror stories about certain VSO's...

Thank you...

YOU DO IF YOU HIRE AN ATTORNEY OR VA ACCREDITED CLAIMS AGENT.  THEY DO AWAY WITH YOUR CURRENT POA WHEN YOU HIRE THEM(THEY SEND A LETTER TO YOUR CURRENT POA TO REVOKE HIS/HER POA)

YOU DON'T NEED VBA FOR YOUR POA  BUT YOU WILL NEED TO SIGN AN FOIA.  TO GIVE THEM PERMISSION TO LOOK AT YOUR RECORDS.& MAKE COPIES.....THE COPY THEY GIVE TO YOU.

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  • HadIt.com Elder

Jamezam Quotes

''I had applied for TDIU, based on the BVA stating "VA treatment records have raised the issue of TDIU as part and parcel of the claims for increased rating;"

Applying* ( for TDIU is applying for increase automatically.)

After completion of the above, adjudicate the issue of entitlement to TDIU. If the benefit sought remains denied, furnish a supplemental statement of the case and then return the appeal to the Board,

* (yes this is to let you know why they denied it) WE NEED TO KNOW THERE REASON THEY DENIED YOU?

if otherwise in order." My question is, where is the BVA in all of this?

Washington, D.C.
Board of Veterans' Appeals Decisions. The Board of Veterans' Appeals (also known as 'BVA' or 'the Board') is a part of the VA, located in Washington, D.C. Members of the Board review benefit claims determinations made by local VA offices and issue decision on appeals
* this can take a good while we don't know how long because each case is different* some take months some take years.

* (Do you have an attorney?  the BVA Corresponds to with your Attorney or POA)

 I've not had any correspondence from them since December 2018.''

You should call the Washington ''Hotline'' ask them about this if you don't have an attorney?

''Is the rating board the VARO or BVA? I submit everything I feel will help my claims, but a lot of it always seems to go wayside. 

*(did you get a denial or remand from the BVA?)

A remand can sometimes be considered a good outcome for a veteran's case because the initial claim denial is not upheld. It also gives you the opportunity to further develop your case. However, you also want to avoid multiple remands because they can further delay your case

The BVA makes no mention of the VOC-REHAB letter and they did not take into account my SSDI, I'm assuming because my SSDI decision was the very end of November 2018 and my BVA decision was December 18, 2018.''

*(Did the VA Have this evidence in their possession at the time a decision was made? Did they deny you without using this as your evidence?)

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