Bad day at the court. Smh

[Mr cue]

I really need to vent.

Well I seen it coming when this new lawyer was put on my case.

Ok the record was serve to the lawyer yesterday.

I get a call I don't see any issue with the rating for the adjustment disorder.

You have tdiu and smc there is no need to fight for the 100 based on the adjustment.

Lol.

Next he withdraw fromy case and I don't have my phone record.

My brief is do in 18 days 

I got to put a motion in for a 10 day extension do to this.

Told the pro Bono program need to send me the record an they have to be removed.

Call they tell me they are working on it.

But my 18 days is running.

This is why I did want to us this place.

They make you sign them on your case before they talk to the veteran on even see the record.

I am so mad it will get fix be I don't feel like go threw more issues.

I should of stuck to my guns.

Oh a the petition for extraordinary relief was rule as moot.

Because they made this decisions I am appeal to court.

New lawyer tell me u lose your case with the petition. Smh I didn't even have the time or patience to deal with him.

I don't even have a problem doing The brief in 10 days.

I no my case I no my record and understand where everything is in my record.

I just used it last year to get the court to.

Reverse the adjustment disorder.

An To set a side the effective dates for smc s and l that were granted by the board.

Also to get the remand for smc o and r and loss of use under smc benfits.

It's not a real problem I am just tried of all these road blocks.

Be I made this ok e by using the program when I no better.

 

 

 

 

 

 

[ArNG11]

I hear ya both on your points.  It is still a long way from where it should be, however, I know in the long run WE, persistent Veterans, will get it done and pave the way for fairer, is that a word, outcomes and end some of the pointless appeals and as Berta would state, if they could only read, "the BVA can read" but it's only sometimes it seems.  Things will get better, slowly but eventually it will be better.  JMO

[pacmanx1]

44 minutes ago, ArNG11 said:

I hear ya both on your points.  It is still a long way from where it should be, however, I know in the long run WE, persistent Veterans, will get it done and pave the way for fairer, is that a word, outcomes and end some of the pointless appeals and as Berta would state, if they could only read, "the BVA can read" but it's only sometimes it seems.  Things will get better, slowly but eventually it will be better.  JMO

I hear what you are saying but, 

I see you post something like this before and say something like we are paving the way for future veterans. IMHO (IN MY HUMBLE OPINION), they will have to fight their own battles and have their own challenges just like we from the GULF WAR ERA VETERANS are fighting our own battles and it seems nothing was ever learned from the VIETNAM WAR ERA VETERANS, EXCEPT BY THE VA FOR DENYING/DELAYING VETERAN’S CLAIMS. No disrespect to the VIETNAM WAR ERA VETERANS because they are still fighting their battles but so are the GULF WAR ERA VETERANS. It is a shame that we have to go through this. Service to our country and fighting wars then having to fight our country for benefits just to barely survive.

The VA is changing the battle grounds and adding new challenges, and the next generation is going to have to learn just like GULF WAR ERA VETERANS. The VA is changing their regulations and the forms to submit claims on. New forms are being created and stating that if a veteran disagrees, he/she must file a particular form. Have you noticed that some regulations state that the effective date will be the date of the newly signed supplemental document? It seems that the VA is trying to make new regulations and forms to get out of paying veterans their correct pay even if the mistake is caused by the VA. A veteran file a claim and the claim is denied and later reopens or file a new claim and evidence is found in reference to the original/old claim, the VA will not retroactively pay the veteran’s correct benefits because the regulation state that it can only go back to the signed supplemental form. It seems that the VARO is not even considering CUE claims or claims based on 38 CFR 3.156, this evidence is ignored. The veteran would have to appeal and request his/her correct effective date.

(2) Supplemental claims received more than one year after notice of decision. Except as otherwise provided in this section, for supplemental claims received more than one year after the date on which the agency of original jurisdiction issues notice of a decision or the Board of Veterans' Appeals issued notice of a decision, the effective date will be fixed in accordance with the date entitlement arose, but will not be earlier than the date of receipt of the supplemental claim.

38 CFR § 3.2500 - Review of decisions. 

38 CFR § 3.2500 - Review of decisions. | CFR | US Law | LII / Legal Information Institute (cornell.edu)

Except as otherwise provided in this section. This statement should read except as otherwise provided by law but the VAROs are ignoring this and causing the veteran to file an appeal to get his/her correct effective date. The veteran can only hope the VARO get his/her rating percentage correct or that would be included in his/her appeal or a completely separate appeal.   

[john999]

The thing is the only real way to win claims with the VA is just to persist and never give up as long as you have even a small chance.  It took me 30 years to get a decent rating from the VA.  I kept trying and I got discouraged at times, but I got over in the end.  The VA was shaking WW11 vets loose right after the war to save money. They never give up trying to restrict the number of vets who are successful with their claims.  It is war.

[ArNG11]

36 minutes ago, pacmanx1 said:

I hear what you are saying but, 

I see you post something like this before and say something like we are paving the way for future veterans. IMHO (IN MY HUMBLE OPINION), they will have to fight their own battles and have their own challenges just like we from the GULF WAR ERA VETERANS are fighting our own battles and it seems nothing was ever learned from the VIETNAM WAR ERA VETERANS, EXCEPT BY THE VA FOR DENYING/DELAYING VETERAN’S CLAIMS. No disrespect to the VIETNAM WAR ERA VETERANS because they are still fighting their battles but so are the GULF WAR ERA VETERANS. It is a shame that we have to go through this. Service to our country and fighting wars then having to fight our country for benefits just to barely survive.

The VA is changing the battle grounds and adding new challenges, and the next generation is going to have to learn just like GULF WAR ERA VETERANS. The VA is changing their regulations and the forms to submit claims on. New forms are being created and stating that if a veteran disagrees, he/she must file a particular form. Have you noticed that some regulations state that the effective date will be the date of the newly signed supplemental document? It seems that the VA is trying to make new regulations and forms to get out of paying veterans their correct pay even if the mistake is caused by the VA. A veteran file a claim and the claim is denied and later reopens or file a new claim and evidence is found in reference to the original/old claim, the VA will not retroactively pay the veteran’s correct benefits because the regulation state that it can only go back to the signed supplemental form. It seems that the VARO is not even considering CUE claims or claims based on 38 CFR 3.156, this evidence is ignored. The veteran would have to appeal and request his/her correct effective date.

(2) Supplemental claims received more than one year after notice of decision. Except as otherwise provided in this section, for supplemental claims received more than one year after the date on which the agency of original jurisdiction issues notice of a decision or the Board of Veterans' Appeals issued notice of a decision, the effective date will be fixed in accordance with the date entitlement arose, but will not be earlier than the date of receipt of the supplemental claim.

38 CFR § 3.2500 - Review of decisions. 

38 CFR § 3.2500 - Review of decisions. | CFR | US Law | LII / Legal Information Institute (cornell.edu)

Except as otherwise provided in this section. This statement should read except as otherwise provided by law but the VAROs are ignoring this and causing the veteran to file an appeal to get his/her correct effective date. The veteran can only hope the VARO get his/her rating percentage correct or that would be included in his/her appeal or a completely separate appeal.   

No, I understand your point and you are right.  I made another post on this issue about this new regulation they have put out.  It will literally screw the Veterans pooch with the effective dates.  I personally believe that is why the VA is pushing so hard to get people out of the legacy claims system.  When I read the regulation it sent up flags right from the get go.  

On my opinion on the paving the way. I will expand on that a little.  The proactive Veteran still needs to keep pursuing their claims.  Even with all the laws and regulations, a claimant is going to need to research those that specifically apply to their situation , further, they are going to have get familiar with their medical records and be sure that their IMO's reference those. It is a lot and I mean a lot to try to learn and apply but isn't that the case with everything in life. The proactive part is a must in my opinion. 

I am concerned about effective dates and how these new regulations will apply to new and any legacy claims.  The modernization as the VA calls it, I think is just a different spin on the delay, deny, and hope the Veteran gives up and dies.  Not trying to be crude or anything.  This is just where my brain is when it come to the VA's latest tactics.  

I don't like leaving my livelihood on hopes when it comes to the Veterans Administration, it is never in the Veterans' best interest, at least that is how it appears to be and feels.

"the effective date will be fixed in accordance with the date entitlement arose, but will not be earlier than the date of receipt of the supplemental claim." Since when is the VA known to 

I agree from what I understand all these changes seem to just another smokescreen. Your points are definitely valid. The supplemental claim is a real shiner to the face.

[Mr cue]

Not everbody is from the fight the va .

 I feel like if you don't hold there feet to the fire they will sit on the case an hope u die.

I have been fighting for smc r because I need in home care.

The hospital pay for 3 day 3 hrs a day smh.

All the homemaker program would give or afforded me.

The nurse and doctor wrote a statement to va without in home care I will need nursing home services.

This was 3 year almost 4 years ago.

Do u think the va has ever address this. No.

My case are advance because of this. At the board and court

An I still can't get a decision after the court remand it Jan 2021 for the board to address

So believe me I understand that things are changing at the veterans affairs.

I believe they hope I die of COVID I had to stop services because I had 3 different aides every week coming in my house.

My daughter that is a LPN stop by before work an help me everyday now.

There I go again lol

Yes it will be hard on the new veterans coming home. To get benefits.

Like I always said the fight continues.

 

 

Not everbody is from the fight the va .

 I feel like if you don't hold there feet to the fire they will sit on the case an hope u die.

I have been fighting for smc r because I need in home care.

The hospital pay for 3 day 3 hrs a day smh.

All the homemaker program would give or afforded me.

The nurse and doctor wrote a statement to va without in home care I will need nursing home services.

This was 3 year almost 4 years ago.

Do u think the va has ever address this. No.

My case are advance because of this. At the board and court

An I still can't get a decision after the court remand it Jan 2021 for the board to address

So believe me I understand that things are changing at the veterans affairs.

I believe they hope I die of COVID I had to stop services because I had 3 different aides every week coming in my house.

My daughter that is a LPN stop by before work an help me everyday now.

There I go again lol

Yes it will be hard on the new veterans coming home. To get benefits.

Like I always said the fight continues.

 

 

[pacmanx1]

13 minutes ago, ArNG11 said:

"the effective date will be fixed in accordance with the date entitlement arose, but will not be earlier than the date of receipt of the supplemental claim."

 

You forgot the most important part of this paragraph.  When it states except as otherwise provided by law, most claims for an EED will either fall under 38 CFR 3.156 or CUE regulations and by law these regulations have not been removed from the current registry not that it will change, or the VA will try to get rid of them but for now, this is the current law that the VA is supposed to follow. 

Edited February 8, 2022 by pacmanx1