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Smh I guess I put in for a increase rating again


Mr cue

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This make no sense. I am not even going to let it mad.

Ok I apply for smc benfits not a increase rating for my neck and hand/elbow. These have been rated for 25 years.

I withdraw the increase claims in 2018.

My case was remand by the court 2021 not for an increase rating.

Well today I go to see if it was return to the judge yet.

And this is what I see once again they are try to open an increase rating claim again.

Even after I withdraw them.

So now I bet I get remand again to not address my smc o and r.

Or to not let it go back to court. Smh.

Boy they trying every trick to not have to address this smc retro. Lol.

The fight continues

 

 

 

 

 

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Im all about fighting for more benefits.  But I dont try to change 'THEIR" PROCESS.  They have to figure that out.  

As it stands, an "increase" in your SMC, IS an "increase rating".  

So, Im gonna fret about things that are important, and whether or not VA considers an "increase" in SMC is an "increase" in RATING, or not, it makes little difference.  Whether or not they "lump together" an increase for SMC along with an increase rating, is not a battle I want to fight..I dont give a rip how they process stuff..

    "If" you have asked for a copy of your cfile and "if" you know exactly what is in there, "only then" will you know for sure what Evidence the VA has in their possession.  Like yourself, I used to think, "oh they have all that evidence"..Wrong.  

    In the 2008 "october incident" the va was caught red handed shredding Vets evidence.  (including mine).  Unfortunately, the burden of proving my claim is "on me", not the VA.  And, the October incident, did not happen "just" in Oct. 2008, instead it happened both before 2008 and after.  

     At least Some of the time, Veteran "A"'s evidence was found in another Veterans cfile.  These are a few of the reasons you need to actually read your own records and not "assume" your evidence is in va possession.  

    The problem, of course, if you order a copy of your cfile, by the time you get it (often months) it will be out of date, as new stuff is often added, while other stuff is discarded.  This is why Vets need VBMS access..to see what records VA has NOW.  Not 6 months or a year ago, but now.  

    And, VBMS ACCES can only be had by attorneys or VSO' "who have jumped through va hoops to be granted such access.  Pro Se Vets do not get access to the records in real time..we order a copy of the cfile, and it may or may not show up 6 months, or a year or later.  

     This is a big reason winning benefits is so hard.  We dont know what the VA has in evidence.  More than once, I referred to a piece of evidence in the appeal, only to find "there was no record of that evidence"...but I have a record.  So, I resubmit evidence.  The choice is to resubmit it, or get denied.  

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