Large win on QUE Claim / High Level Review

[Lemuel]

1 hour ago, Tbird said:

had to delete attachment, please check your attachments folks, it had personal information on it.

Thanks for looking out for us.

[Lemuel]

4 minutes ago, Lemuel said:

Thanks for looking out for us.

What additionally do you think I should have redacted from my attachments, or did I miss something.  I wanted them to be able to be used as precedence for individuals trying to get EED.

I really want to thank Rattler for this thread.  It caused me to read the DROC-DC Memorandum more thoroughly and realize I needed to submit quotes from it and the CAVES Report in my supplemental brief to the BVA now that I elected to go without a hearing on the offering from the BVA to speed things up.

[Tbird]

Actually @pacmanx1caught it and let me know. I saw handwritten name and address and name and address on another item. Can’t be to careful.

[pacmanx1]

5 hours ago, Lemuel said:

I am attaching, redacted for ID numbers, as precedence for your EED claim.

First things first, no personal information should be posted on the internet, name, last four, address or anything about your person information. BVA decisions are not precedent and even though veterans can use them, the BVA is not obligated to consider that evidence.  

[Lemuel]

3 hours ago, pacmanx1 said:

First things first, no personal information should be posted on the internet, name, last four, address or anything about your person information. BVA decisions are not precedent and even though veterans can use them, the BVA is not obligated to consider that evidence.  

Thanks, in the future I will redact name and address also for attachments. 

I know the BVA decisions are not precedent.  We are talking about "DROC-DC" decisions which is apparently small group overseen by the Executive Director, Compensation Services in the DVA Main Office in DC.  Or at least that is what it seems to me. A consistent standard instead of the varied VARO RO and DRO decisions under different VARO Director policies.

Date and DROC-DC plus the code which in my case was 397 should be sufficient for a DROC to ask the desk in the room that code belongs to how the Director took his Memorandum which is probably reviewed by another level or two before it reaches her desk.  Of course, the DROC is not bound by a previous decision but if the Executive Director is the same as the one that signed the Memorandum, it is likely that the decision will be the same without supplying a copy of the memorandum unless it goes to a new to the office DROC.

I will let you know if the DROC's Memorandum carries any weight with the BVA.  It was an exceptionally accurate summary of my file and a great guide for my Supplemental Brief.  Just have to point out a couple of items left out on issues not addressed in my TDIU EED.  (Related to my temporal lobe epilepsy.)

Clearly the BVA has to follow rules such as for EED that my case indicates does not apply to the authority of the Director--9/85 to 6/87, almost two years before the claim when 1 year is the max you can get at the BVA from the date of the claim.

I ask the BVA to refer to the Director for extra-schedular EED if the application I had made under 38 CFR 1000 for re-opening of BVA decisions and earlier claims could not be handled by the BVA.  The Director's decisions are appealable, and I suspect the BVA would hold the Director to her former decisions for fairness otherwise it would be appealable because of "arbitrary and capriciousness" in the appeals courts.

[Rattler]

12 hours ago, Lemuel said:

Notice my check was only for from 1985 to 2009.  I had already received 2009 to 2017 on the presumptive 70% 2009 rating as of the 2017 Decision which was closer to Rattler's amount.  Rattler, your EED prospects look very good from my position as long as your claim for review is timely.

The Executive Director, Compensation Services is not bound by the CFR time constrictions as indicated by my more than 1-year EED from date of claim.

You know Lemuel you mad me think too. I am working on getting my right ratting for my Knees, Hips, Right Shoulder, and right wrist. I go for an IMO and DBQ's on this Friday the 21st to off set the bad C & P Exams the VA did on them.  I was disabled by more than one doc in 2008 and was awarded SSDI in 2009.  From what you said that means the VA should pay me back to UI when the Social Security Disabled me. Then Rate me for the Right Shoulder, and right wrist back to 1982 and possibly Fibromyalgia back to 1993.