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I found this quiet Interesting supreme court decison


Buck52

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@Buck52I hope he wins because 38 US Code § 5110 and 38 CFR 3.400 are very limiting. I also hope they will make this apply to all vets retroactively and not just for all future claims. Additionally, why should a vet have to even request an equitable tolling waiver which the VA will incorrectly deny?

In my unprofessional opinion, there are other fronts which may be impacted by a decision by the supreme court if they grant his petition:

1. Effective dates for what happened in the military should go back to when they left the service regardless of when they actually filed. 

2. Disabilities which are claimed after the service should go back to the date of diagnosis. 

When I filed for several disabilities after leaving the service, four were granted after five years of appeals. During this time, I was subsequently diagnosed by my VA doc and the C&P doc with several other conditions, but the VA never considered them as secondary. After repeated denials, I appealed to the BVA who was shocked that I was not even afforded a C&P exam. My first C&P exams were more than two years later and the one year post-service window had expired. Years later after finding Hadit, I learned that I lost 10+ years of potential retro because I did not know I could file for secondary disabilities. Couple that with my original VSO not making me aware of this and also telling me to be happy for my win and not rock the boat. Yes, I filed for those additional conditions and won every one of them as secondary, but the VA did not go back and consider an EED back to the initial diagnosis dates.

 

Edited by Vync
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Vync You can't beat yourself up too much. VA benefits have many twists and turns and you'd have to do this full time for years to become well versed in everything. Fact is, that is exactly why Hadit is such a great resource for veterans. Veterans go thru, or get on the hamster wheel and then share their experiences with others so their learning curve for others can be shorter than their own. 

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@GBArmyExactly! When I joined Hadit, I knew nothing outside of what my VSO told me. Seeing the impact of the guidance and insight of other members makes me glad I became a member.

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While I do agree with the above, the VA is constantly changing their regulations and it is kind a hard keeping up with what is going on. When a veteran figures out what is going on that information is somewhat outdated and the forms may even have been changed. No one thought or knew about disability as far as I know/knew, and the VA could make it easier for veterans, but they will not unless Congress changes things.

Paperwork/Administration work is a never-ending story and as soon as the VA completes one claim there are (1000s) thousands more.  Even a good day could be destroyed by the factor of knowing that more claims must be processed.

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@pacmanx1That's why I am glad that T-bird has an option for us to customize our signature. Good place for disclaimers like this which we have in ours.

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This sill be interesting. first of all if this goes across the board, Direct Service connected veterans stand to gain a lot. The VA does not have enough money to pay the backlash of claims. 

Stay tuned folks. 

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