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to get a wee personal here... I was born in the US, but never really lived there. I lived in Scotland from age 4 until I went off to uni at 18. I attended Southwest Texas State, which is now called Texas State. I joined CID after I graduated and was posted in Germany from 1998 through 2009, when I retired. I've been here 33 years. Long time.
I have been giving it thought over the years. I'm 57 and will most like die here. I have no family in the US and my children live here as well.
I could easily contact the VA, DFAS, Tricare, etc., to understand what happens if I became German. I would need to inquire in written from to have the proper responses written. But once that door's been opened, there is no turning back.
So, to ask the hive mind: Does anyone have knowledge in this? Would I loose my benefits? I believe I would be able to keep my retire pay, but VA and Tricare? I don't know.
Reasons: Well, they are many. I have to file two income tax returns each year and the US Government gets to take a portion. I live here and cannot vote. There are certain things I cannot do so long as I remain a US citizen. I am definitely not anti-US, so please do not go there. I had a grand job for 21 years and enjoyed not only serving the US but the friends I made. Although I feel loyalty to Scotland and the UK, I am and will remain loyal to the US. Shite, to a degree I owe a wee loyalty to Germany as well.
Through former colleagues, I do know that I would be placed on a watch list by the FBI. The US Government does not like their citizens to leave.
Looking forward to responses.
By Mr cue
Ok I understand many feel I just be posting and fighting with va over nothing.
My old name on hadit was yulooking.
You can put it in the search and my old post for the cue claim I won will pop up.
Carlie Berta many other help me and I learn alot from hadit I had no ideal what a cue was until I followed Berta cue back than
I also used hadit back than to vent lol
I post all this so that other understand I feel I have more year fight va than some lawyers. And vso
I have been to the court pro se twice. And won remands for both.
Fast forward. I am now fight for smc benfits that were never inferred back in 2001.
Might go back till 1993.
This is why va is all over the place.
I was granted smc l aid attendance.
But I receive in home care pay for by va hospital. Which is smc r.
All this I got remand from the court to bva to address.
And it been nothing but games
I now have a petition at the cavc which I am just waiting on judge decision on
I got be the first veteran we're a bva judge stated if I refuse a exam base opinion on my record.
So yes I don't wait I push.
Qtc I put in a better business complaint yesterday and call white house line
Today I get a call from qtc I don't have to go to exam and they got to base there opinion on my record.
I would never tell a veteran to refuse a exam!
The reason I can refuse is because my bva remand state this. Because
I press the bva about having 8 comp Exam for smc benfits. Which are to b based off your record.
I really just venting.
Last thing guys if you get a cavc remand. send these law to bva before they remand. To ro.
A cavc is not a do over.
Someiano v. Principi, 17 Vet.App. 305, 312 (2003) (Court noted that it would not be permissible for VA to undertake further development if purpose was to obtain evidence against appellant’s case)
Adam v. Principi, 256 F.3d 1318 (Fed. Cir. 2001), (in which the court stated that it would be improper for the Veterans Court to remand a case to the Board to give the DVA another opportunity to develop evidence needed to satisfy an evidentiary burden it had failed to satisfy the first time, i.e., to “attempt to introduce new evidence sufficient to make up the shortfall” in the agency’s proof. Id. At 1322.”
The board has remand my loss of use under smc to develop evidence to denied loss of use.
I have a 25 year record of loss of use. I have a va specialized loss of use exam that Address all my loss of use and stated it was the result of my elbow and cervical injury It was a favorable exam. I have bva decision which address my lost of use 2001 2004 and 2012.
Use the law against them.
Could you please direct me in the following. I have 2 A&As that the VA grouped together under A&A. My wife is a physician that takes care of me for PTSD keeping me safe from hurting myself/others (also states that I am in danger of hurting myself/other in my psych evaluation from VA that awarded me 100% PTSD Rating and for total loss of both feet and spinal issues where my wife injects me daily, provides physical therapy for me and changes and addresses my wound care, not to mention all Acts of Daily Living. So, my question is do I file for a higher level of increase for SMC O because of 2 A&As (Or even on A&A and Loss of use SMC-O, or do I file for a Higher Level of Care based on the additional things only a medical professional can provide? Should I really get a lawyer?
Thank you very much
I received my claim back today. The VA awarded me Aid and Attendance SMC L1 based on every condition I have from 100% Rated Loss of use of feet, 100% Rated PTSD, 100% rated Stroke and even 50% rated sleep Apnea. I have ratings totaling 650%. Can the VA lump everything together? loss of use and being kept safe because of PTSD are 2 additional and separate listed items under SMC. I’m so confused. Thank you for answering and giving me advise!
I served from 1988 to 2009, roughly 18 of those 21 years were as an Army CID Special Agent. In 2001, I was shot in the leg, which destroy the femur. This occurred on a US military installation, however I was taken to a civilian hospital for the surgery and was later transferred to a MEDDAC. The bullet traveled through the femur, so a rod was inserted with two lower and two upper screws. I lost not only length in the leg (2cm) but my hamstring atrophied. Since then, I've encountered continued pain in my knee and hip. All was documented in my military medical records. Often times, the pain would have me seek medical attention about 2 times per year, which again is documented.
I underwent surgery last year to remove one of the screws (all are now broken) that was pressing against a tendon causing extreme pain. The surgeon explained the others will need be replaced and I will also need a hip replacement in the coming years. The pain continues.
My VA exam was in 2009 and at that time the length difference in my legs was disclosed to me for the first time and as xrays were obtained, the screws were discovered to be broken. The VA Rating Decision gave me 0%.
Unknown to me was the appeal process. Last year, I found someone who is helping me with the appeal. I live in a remote part of southern Germany, so connection to other retirees and vets is nil.
This week, through my appeal representative, the VA has contacted me. They want all the background information on the shooting. They require the who, what, when, where, why, and how of this incident. I am also to supply them with records I have that they don't. First, they have a copy of my entire medical record. How am I to know what they don't have? Second, the Rating Decision states that this injury was service connected and in the line of duty, so why is the background information required? Had I been shot while in Afghanistan would they be asking the same questions?
Perhaps I simply do not know exactly how the VA adjudicates the claims. As this is not a presumptive matter, evidence of the injury must be presented. They have that in the form of my military medical records. Do the circumstances behind the shooting hold weight on determining the extent of either the injury or the level and percentage of my disability? Does the background on an injury play some part of the adjudication process and awarded disability to which I am unaware?
Thank you in advance for any insight into this.
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,