Keep pursing even after getting 100%

[overthere]

Dont know if Im in the right spot, have spent hours trying to figure out how to use this site

I read "6 reasons to keep pursuing va claims and appeals - AFTER you reach 100%".   Im rated 100% P&T tdui from 'Nam days.   but clicking on it brings  "10 tips to help you keep the c and p exam in perspective".  Is it hidden somewhere else, or not here at all?

and man, its tough reading and understanding lots of stuff on here.... abbreviations. "secondary" conditions,  one thing caused by another....code numbers, medical/technical names.   there must be a bunch of lists somewhere?  Im a 'regular' type guy, but lots of stuff I have read makes me feel pretty dumb trying to understand things.   and now I cant recall the title of this 'forum' for this question, and I looked back, cant find the name of it anywhere, this site is so confusing.

Edited September 5, 2021 by overthere
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[pacmanx1]

EED (EARLIER EFFECTIVE DATES)

A Good example of an EED is that a veteran files a claim and that claim is low balled (given a low rating), or the claim is denied, later the veteran files a new claim and or reopen his claim and the VA grants it. ( MUST BE FOR THE SAME SYMPTOMS). The veteran can then go back and ask the VA to re-adjudicate his her claim due to medical records that was not associated with his/her claim for a better effective date. 

A better example: I filed a claim in 1998 and it was denied, I then filed a NOD (NOTICE OF DISAGREEMENT).The VA ignored my NOD, later I filed a new claim, and it was denied a second time and once again filed a NOD and this time my claim went to the BVA. The BVA remanded my claim back to the VARO and they denied my claim again. The VARO continued to deny my claim and this time the BVA denied my claim. I had to file an appeal to the CAVC (COURTS OF VETERANS APPEAL), and they remanded my claim and this time the BVA granted my claim. Now from the VARO to the BVA back to the VARO back to the BVA and then to the CAVC took about two decades. In the meantime, the VA awarded me 100% scheduler, but I still had claims on appeal. The BVA awarded my claim back to my original filing date. 

Please read my signature, in order to get the benefits that you feel warrants service connection, you are going to have to review the 38 CFR part 3 and 4 that relates to your condition/symptoms and then file for disability. 

 

Edited September 6, 2021 by pacmanx1

[pacmanx1]

I see what you are talking about, try this:

6 Reasons to Keep Pursuing VA Claims and Appeals – AFTER you reach 100% | HadIt.com For Veterans Who've Had It With The VA

[overthere]

your link for "6 reasons" works, for some reason the other one doesnt...on my laptop anyway.   and all the ads everywhere make things tough to follow.  I guess the site needs all these ads to pay for it, but what a jumbled mess.

Im guessing you're a lawyer, or have some legal background, as reading all you said, I have 2 words.....holy crap.   the back and forth with "remanded...to varo...to bva....38 cfr part 3 and 4"......holy crap.  I believe the 'cfr' stuff is legal stuff.  Ive never looked it up (dont know how anyway).  I assume all the 'letter' places are different va rating places.  think I recall the "bva" place was not around back in my ol 'Nam days.

I thought each time you disagree, you need more new evidence, not just say you dont agree.    I have no idea what you mean by "...read my signature...".  I think Im getting more confused the more stuff I read.....again, holy crap.  feel like simply saying, I give up.

** that list of terms/abbreviations is nice....I just noticed, "smc", that spl compensation, is missing (...?...)

 

Edited September 7, 2021 by overthere

[pacmanx1]

I am simply a veteran that just got pissed. Please understand that I have no legal training. After the military, I had a Senior VSO ask me why didn’t I medically retire. Before he could file my claims, he past away. I then had a Senior VA Supervisor tell me that I had no chance in getting VA disability. To make a long story short. I decided to read 38 CFR part 3 and 4 which are the rules and regulations that the VA uses to determine veterans’ disability and rating percentages. I wanted to know what they did, and I was tired of the VA denying my claims and hitting me over the head with their rules. I had a new VSO for a short while until I fired him and then I started filing my own claims. I even had an attorney for a little while but when my claim left the CAVC, I have been doing this on my own and with the help of Hadit.com members. Ms. Berta is a (GEM) and can really help out with NAM Claims, but we are here to try to help any and all veterans get their benefits.

As to reading my signature:

Quote

 

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

 

 

I try to tell veterans that they are their best advocate. They know what they have to live with days in and days out and no one can speak better for them than themselves. It just takes some time in getting familiar with the regulations. I have focus and concentration problems and I feel if I can do it anyone can.  

Anytime the VA makes a decision the veteran can file a disagreement if he/she disagrees with the rating percentage or the effective date or the decision VA made . Even though there are no set standards at the VA, the veteran can file a disagreement and get a better decision from the BVA. Unfortunately, what one VA Regional Office may grant another may deny and force the veteran to file an appeal.

[Mr cue]

Here is my experience.

I was granted 10% from services 1993.

2001 I was granted tdiu 60% pt.

I cue the 1993 decision the board found that my claim from 1993 remain open in appeal status.

2006 I was granted extra scheduler tdiu from 1993-2001. 8 years retro.

It is now 2021 and I am now fighting for smc benfits.

I was Granted smc l for need of help from others 2018.

I am now fighting for smc back to 2001 when I was granted tdiu 60% pt. For been permanently housebound.

And smc r for my in home care provide by a company.

Short answer yes there are reasons to fight after a tdiu or 100% rating.  Lol

 

 

 

 

 

 

 

 

[broncovet]

Its all about evidence.  "If" you have documentation of Caluza elements, and if it will increase your compensation, go for it.  

With SMC the regulations are posted.  Other than housebound, A and A, or SMC K, they are mostly about "loss of use".  If you have loss of use, go for it.   You can review your file to see if you meet the applicable criteria for the next higher ratings.  

VSO's often tell Vets "100 percent is the max".  I even had VA employees tell me the same.  

I had recently gotten 100 percent and was seeking tdiu.  Tdiu, the VARO said, was moot.  I argued it was not as it could be an EED, and it also could lead to smc S.  

The VA employee tried to talk me out of appealing, saying that 100 percent is the max.  

Its frustrating trying to deal with a VA employee who knows less about their job than I do, considering I have 19 years experience with VA.