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Veteran Mark is quite confused (according to his wife).
He spoke with his brother from South Carolina and was told a higher level review would be most feasible.
I have seen comments on Hadit about not allowing big brother to rubber stamp little brothers decision.
Excuse the pun...... LOL
He is service connected 0% (migranes), but just trying to go the best route with his appeal.
I personally told him the BVA (NO FURTHER EVIDENCE) is the best route.
His VSO told him about submitting for a rating increase, but I thought that could only be done via supplemental claim (new evidence).
In regards to the BVA, there are three lanes. Four if you include the old Legacy Appeals.
Does each BVA lane state how many cases are present?
Are all appeals at the BVA in the same line and directed to the individual lanes when the case is ready to be heard?
Which lane has the most cases? The least?
Lastly, one veteran said he submitted his initial claim in 2010 and didn't receive a BVA grant until 2019.
THE WAITING GAME IS SERIOUS...........
IM A VET WHO HAS BEEN WAITING TO GO TO BVA FOR 5 YEARS NOW.
QUESTION WHAT HAPPENS IF MY LAWYER DROPS ME? DO I GET A LETTER AND MY FILE BACK
CAN YOU RECOMMEND A GOOD LAWYER HOWS BERGMAN AND MOORE
DO I GET MY FILE BACK HOW DOES THE LAWYER GET PAID
AND IF I SETTLE BY MYSELF WITH THE VA OUTSIDE OF COURT DO I STILL HAVE TO PAY ME LAWYER
I SIGNED FOR 20% OF ANY RETRO PAY PLUS ANY SMC RATINGS I GET
VA HAS DENIED ALL MY smc CLAIMS AND THEY TOLD ME THEY ARE NOT ACCEPTING ANY MORE DR BASH IMO BUT THATS JUST MY LOCAL VARO
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)
broncovet posted an answer to a question,While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,