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CAVC DECISIONS, AFFIRM OR REMAND.

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pacmanx1

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Truth is truth and facts are facts, when veterans are rated P & T, this rating is awarded/granted only when a disability is determined/rated/adjudicated to most likely to last the rest of the veterans’ lifetime. This rating is not going to go away. Now let’s add SMC, a veteran rated P & T, SMC may have to be re-evaluated to determine what level of SMC he/she should be awarded but the fear of reduction could hinder the re-evaluation if the veteran think that the VA will try to reduce his/her current rating. Keep in mind that the VA just can’t just reduce a veterans rating, the VA must prove that the veteran disability has improved. Also, a negative medical opinion would not cause a reduction and in relative equipoise the benefit of doubt goes to the veteran and the veteran wins so who cares about a not favorable opinion if the record and current treatment proves that the veteran's symptoms warrant a SMC award or even a higher SMC rating.

Believe whatever you want but veterans may not know that the courts (CAVC) in most cases is confined to either affirm or remand and asking them to do anything else is just going to get your appeal on the fast track to the hamster wheel.  Appeals are won at the BVA level after a joint remand and most attorneys try to at least get a joint remand at the CAVC level. Without a current picture of the veteran’s symptoms the VA may be very reluctant to make a new decision. Veterans cannot dictate how the VA make their decision regardless of what the regulation says because there is always another regulation that gives the VA legs to stand on and no court will override their position. Try to make it easy for yourself, don’t shoot yourself in the foot. Look, we are here to try to help, and you can do whatever you want but it is best to try to learn from others but in this case, you can learn from both the positive and negative lessons. Following others can help you win, or it can help your appeal/claim go down the rabbit hole. Your claim/appeal, your decision, don’t blame anyone but yourself on the positive and or the negative outcome, please do your own homework and research in how to manage the VA and if you feel that you need professional help, seek accredited professionals. With this said, I contacted an accredited attorney who refused to take my case because I am rated 100% P & T, but I contacted a different attorney who took my case and I won. So please don’t give up and seek another professional opinion. Of course, this is my opinion and my experience after talking to my attorney. I would not have gotten my new decision (still pending) without their assistance and the lawyer that refused my case can go suck eggs. 

 

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Agreed.  

"Fear of reduction" is a gimmick used by lazy VSO's, lazy VA employees, and even well meaning Vets advocates to prevent Veterans from getting all the benefits they deserve.  

Unfortunately, "fear" is a powerful motivator.    

This said, even going to the military is fearful.  I mean, not everyone who joins comes out of the military alive.  We never know if we will be sent to war or not.  

So, remember why you went in.  And control your fear.  

Many times, 

F.E.A.R.  = False Expectations Appearing Real 

This is mostly the case with fear of reductions.  Its very hard for VA to reduce you, "unless" you have "actually improved under ordinary conditions of life", and this improvement came since your LAST VARO decision (which continued your benefits).  

You see, the VA cant issue a decision on a new issue (thus continuing old issues at the present rate), then decide later you improved, when they already decided you did not improve and continued your rating.  

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To me all I hear is the VA will follow the law and not do that.

But if they did you can appeal an hope they get it right.

An if they don't right  they shouldn't have did that .

So one day you might get your rating back .

So if the VA order increase on thing you didn't claim just let it go the VA will get it right.

Don't fear losing your only income that you fought for.

Because the VA wouldn't do that unless they have a reason.

An you can fight there reason as long as you get a imo an hope they accept it.

Sound like a veteran should put a lot in the VA getting it right. 

I am not a veteran that feel the VA will do there job.

I don't think most of us would be on hadit if the VA does everything right.

 My opinion 

 

 

 

 

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Here we go again, your opinions and experiences are no greater/better than mine, they are just different. When you or anyone else go against the system the wrong way you are just causing problems for yourself, and you advise others to do the same thing. The really sad and unfortunate part is that you do not or cannot see the real issue. The real issues are that you played the VA game by filing claims and going to your exams but for whatever reasons, now you want to make up your own rules and as stated, you can’t force and or dictate how the VA or anyone else do their jobs. The rules will always be against you. This is part of the problem, you hear what you want to hear, and you see/read what you want to see/read. It has been said/posted that the 38 CFR 3.2600D states: 38 CFR 3.2600D (The reviewer may grant a benefit sought in the claim notwithstanding § 3.105(b), but, except as provided in paragraph (e) of this section,** may not revise the decision in a manner that is less advantageous to the claimant than the decision under review**). prohibits the VA from reducing a claim or appeal while pending, yet you still spit-out that the VA can take away a veteran’s P & T rating. So, since there is no real reason to even think that the VA would try to take away a veteran’s P & T static rating why think (FEAR) it.

If you would stop and think about it for a minute, it is the VA’s job to order evaluations/exams to determine a veteran rating just like what you did, and every other veteran did to get their/our current ratings but now you think (FEAR) it is unnecessary. The definition for insanity is doing the same thing over and over again expecting a different outcome. You are currently posting your frustrations and disappointments with the VA and at the same time you advise veterans to follow your advice. In the past it has been suggested that you seek legal professional advice with your claims/appeals because your concentration may be interfering with your reasoning. I am not trying to offend you or insult you; it is just the fact that you seem to be going in circles and it is time to get off the cycle and get some needed rest.

I’ve been appealing VA decisions for well over two decades and the VA had never brought up the fact that they need to take away my 100% P & T rating for the entire time that I have been rated which has been at least a decade and a half. If I had feared the VA taking away my benefits that means I would still be in a world of hurt but I am climbing out. Full speed ahead damn the torpedoes.  

I keep forgetting that you love to disagree, since you will never, ever convince me otherwise let’s agree to disagree and see if you can let this go and try not to respond. Your opinion is yours which you have a right to think and mine is mine which I have a right to think also. Since we have both posted our opinions let’s let the readers/viewers decide how to proceed. The bottom line is that all readers should do their own homework and consult an accredited legal advice anyway.

P. S. I do not think I ever stated that a veteran should trust the VA, veterans need to try their best to keep the VA honest because the VA makes too many mistakes, honest mistakes or mistakes on purpose.  I have stated that veterans need to let the VA do their jobs but if the VA makes a mistake, the veteran should be able to help the VA do it better or at least come up with a better decision. Veterans can do that by knowing their worth, their rights, their benefits and the regulations the cover their benefits. 

 

 

Edited by pacmanx1
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1 hour ago, pacmanx1 said:

your opinions and experiences are no greater/better than mine, they are just different. When you or anyone else go against the system the wrong way you are just causing problems for yourself, and you advise others to do the same thing. The really sad and unfortunate part is that you do not or cannot see the real issue

See I would of let it go but like I have stated many time we all have our opinion on what help us and how we attack the system.

But to tell ppl I am causing problems now your opinion is a  personal attack.

Just like you I have also fought the VA and have done very well.

So I will continue to post my opinion and how it works for me so that it might help others.

1 hour ago, pacmanx1 said:

38 CFR 3.2600D states: 38 CFR 3.2600D (The reviewer may grant a benefit sought in the claim notwithstanding § 3.105(b), but, except as provided in paragraph (e) of this section,** may not revise the decision in a manner that is less advantageous to the claimant than the decision under review**). prohibits the VA from reducing a claim or appeal while pending, yet you still spit-out that

Ok just like you i understand there is va law for all most ever issue.

Now if the.va follow the law I don't think there would be remands from the cavc.

Yes you can use the law to fight any decision an most likely win at the court like I have done many time pro SE. Based on the law.

So maybe you should be stating you will have to appeal to Cavc an hope they address a reduction. Then tell veterans the VA can't do something.

I think you are fighting for eed and they ain't following the law in your case. Right

So I think this is we're I have a problem.

Why tell veterans don't worry or fight there issues with the VA because VA has  to follow the law or Don't worry because they will not do something.

An they ain't following law in your case an you had to appeal all the way to the court to get it address like me and Many others.

So yes evertime I see a post tell veterans that the VA can't or will not do something I will post.

Because I think we all understand that not to be true.

On 1/12/2023 at 4:49 PM, pacmanx1 said:

Veterans cannot dictate how the VA make their decision regardless of what the regulation says because there is always another regulation that gives the VA legs to stand on and no court will override their position. Try to make it easy for yourself, don’t shoot yourself in the foot.

But you are telling veterans that the regs protect them. Form the VA doing something.

You don't see the problem.

 

Ps. We have different opinion an I am not try to tell anyone what to do that the difference.

I just put and post my experience an how things have work for me an my feeling on issues.

I think that what we all are doing on hadit. Like I keep saying no one is a vso on hadit.

I have used hadit to educate myself like many others.

An I have used some of your post with the cfr to fight cases.

An some I didn't use that's fight your case how you see fit.

Last if veteran don't understand the va process and laws yes get help. 

I like you got a lawyer for my last cavc fight and won a remand. Not because I didn't understand the process.

Because I have won cavc reversals and remands and had bva decisions vacated at the court. Pro SE.

Because I understand the VA law.

 

1 hour ago, pacmanx1 said:

definition for insanity is doing the same thing over and over again expecting a different outcome. You are currently posting your frustrations and disappointments with the VA and at the same time you advise veterans to follow your advice

Were did and have I ever told veteran what to do.

That the difference between me an most others. I post my opinion an experience. I care less who follow it.

It's call information.

Listen I have been to the cavc two times and got remands. All in 3 years.

All my cases are expidate not because I am losing my home or 75 years old.

It call educated yourself.

I have never wait years for a bva remand.

I am up to smc l&half in those 3 years

An have a pending appeal found from 2003. Which pays smc retro.

I have won a cue for 8 year tdiu retro.

I have a cavc remand that tell the VA to address smc o and r.

All done by myself so I wouldn't call it insanity.

The process is insane. If that what you mean. Smh.

Last like I said when I apply for smc benefits 2018. I got my record or c file from the cavc .

And there were 4 request to reduce my rating. In my record over the 3 years period 

I am pt and have been for 25 years. Yes they were all shot down. But if I didn't have the 25 Year protection.

It would of been a New fight.

So please stop telling veterans what VA will and will not do.

Because you understand like I do they will do what ever they feel.

 

 

 

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42 minutes ago, Mr cue said:

But to tell ppl I am causing problems now your opinion is a  personal attack.

Did I attack you or your opinion or experience? Go back and re-read my original post. I do not think I singled you or anyone else out, I started this thread on my opinion and to help veterans that continue to fear that the VA will reduce their ratings if they appeal. You post your belief that I was referring to you and that I attacked you, but you attacked me by posting in my thread and my original thread did not bring you or your post in mention. Your post did attack me and my post and my situation.  

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