HadIt.com Elder Buck52 Posted January 24, 2021 HadIt.com Elder Share Posted January 24, 2021 (edited) Way to go 63 Charlie That SMC -S1 Definitely Helps Out. Edited January 24, 2021 by Buck52 63Charlie 1 Link to comment Share on other sites More sharing options...
63Charlie Posted January 26, 2021 Author Share Posted January 26, 2021 (edited) I learned that the effective date the VA granted on my SMC-S1 will short change me for around 15 months of my increase in benefits. I refuse to donate almost $5000 dollars of my benefits to an organization that can't perform simple mathematics. I will appeal directly to the BVA for an earlier effective date. The VA awarded an effective date that begins 10/17 when it should be 7/16. I already have everything ready to submit and am just waiting on the decision letter to arrive in my mailbox just in case I need to tweak my appeal a bit. If the BVA does make a wrongful denial, I can appeal it to the CAVC in a shorter time frame and not have to pay attorneys fees(again). The St. Petersburg Regional Office might even be just a little disappointed that I have decided to bypass their hamster wheel. Probably not really true...who knows, but sometimes the dirty dealing by VBA employees that refuse to follow the CFRs makes denials feel like personal attacks. Edited January 26, 2021 by 63Charlie Link to comment Share on other sites More sharing options...
Moderator pacmanx1 Posted January 26, 2021 Moderator Share Posted January 26, 2021 63Charlie, The VA often make a mistake on the veteran's effective date in the VA favor and it is up to the veteran to fight for his/her correct retro. Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted January 26, 2021 HadIt.com Elder Share Posted January 26, 2021 You know I use ST. Pete Regional Office. I have filed many claims and appeals. They are so ignorant. I have gotten numerous awards that were in my favor that I could not understand. I don't gripe about claims in my favor even when they make no sense. Of course, the best claim I ever filed was denied time and time again. If your claim involves a lot of backpay you can expect to be denied. I am not entirely sure if malice or ignorance is behind St. Pete Office screw ups. When I claimed S-1 I had to file a CUE because I was not awarded S-1 immediately when I got an extra 60% after being P&T for years. They are just incompetent. I don't think they are evil (I could be wrong) just dumb as hell. Link to comment Share on other sites More sharing options...
Hucast21 Posted January 27, 2021 Share Posted January 27, 2021 (edited) 22 hours ago, 63Charlie said: I learned that the effective date the VA granted on my SMC-S1 will short change me for around 15 months of my increase in benefits. I refuse to donate almost $5000 dollars of my benefits to an organization that can't perform simple mathematics. I will appeal directly to the BVA for an earlier effective date. The VA awarded an effective date that begins 10/17 when it should be 7/16. I already have everything ready to submit and am just waiting on the decision letter to arrive in my mailbox just in case I need to tweak my appeal a bit. If the BVA does make a wrongful denial, I can appeal it to the CAVC in a shorter time frame and not have to pay attorneys fees(again). The St. Petersburg Regional Office might even be just a little disappointed that I have decided to bypass their hamster wheel. Probably not really true...who knows, but sometimes the dirty dealing by VBA employees that refuse to follow the CFRs makes denials feel like personal attacks. I know that feeling, since my original claim was handled by St. Petersburg RO. The employees there are incompetent. I agree that they do not follow CFRs. For example - the rater took the opinion of the NP who did my C&P exam that since I don’t have 15 migraines a month, I don’t have chronic migraines. The CFR states if migraines are prostrating in nature and in terms of once in two months over the last several months to very frequently and prostrating in nature. Nothing in the CFR that is has to be 15 migraines or more per month in order to be service-connected. My service medical records shows in writing that I “lay down in a dark room for relief with sensitivity to light and sound during a severe migraine and a frequency of 2-3 episodes per week for several months.” The rater denied me. It does feel like a personal attack. Now I have a BVA hearing in April, so hopefully I’ll get justice then and there. Like really, how hard is it to follow CFRs? My claim is the definition of the CFR for migraines. I assume that’s why Hill & Ponton took my case so quickly. The evidence is very strong. Edited January 27, 2021 by Hucast21 Link to comment Share on other sites More sharing options...
Moderator pacmanx1 Posted January 27, 2021 Moderator Share Posted January 27, 2021 8 hours ago, Hucast21 said: The rater denied me. It does feel like a personal attack. Yes and no. It is personal because it is your claim, it is not personal because the VA does this to a lot of veterans. The problem is that the VA do not want to grant a veteran 50% for migraines because migraines are subjective. Subjective meaning to a particular individual, that each individual may respond in a different way. The actual regulation does not list any certain number of headaches or migraines. 8100 Migraine: With very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability 50% With characteristic prostrating attacks occurring on an average once a month over last several months 30% With characteristic prostrating attacks averaging one in 2 months over last several months 10% With less frequent attacks 0% Link to comment Share on other sites More sharing options...
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