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"CRACKING the SECRET REMAND CODE" to get off the hamster wheel.

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broncovet

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Most of us who have been around a while get frustrated with "why so many remands?"  Remands are your "one way ticket" to the hamster wheel.  Its up to you to get off the remand hamster wheel,  by cracking the remand code.  

Here are at least two ways to crack the SECRET code.  

Why a code?  Because VA does not want Veterans to be informed of their benefits, otherwise, we will get what we deserve, instead of what VA wants us to have (much less).  

So, instead of telling Veterans "your nexus was not up to par", they either dont give a reason, or give other reasons "in code".  YOU have to crack that code, and figure out your nexus did not use the famous "the Veterans _____condition is at least as likely as not due to (an event in service".  Your doctor may have, instead said, "the Veterans condition "COULD" have been caused or "may" have been caused by military service.  NOPE those are speculative.  

But VA does not want you to know that you could get benefits by simply contacting the doctor and asking him or her to put this in "the format VA wants".  

So, you get dened, appeal, and it gets remanded.  Again, the remand reasons and bases will not likely say "inadequate nexus", even tho that is exactly what its about.  

Crack the code, and win benefits.  

Now, for effective date benefits, there are other remand codes.  

In reference to effective dates ALWAYS Remember your effective date is the later of 

1.  Date of claim OR

2.  Date the doc said you were disabled (aka facts found).  

     So, you think, gee, I applied in 2004, so I should get and effective date of 2004, right?  NO.  READ the above again.  Your doctor may not have said an "effective date" when he did your exam, so VA often uses the date of the C and P exam, and hornswaggles your effective date, "unless" you can crack that code.  

Please list your "crack the remand code" secret.  

Often the VA decision does not give the real reason for a denial or bad effective date..but instead "throws you a curve ball" so you will go down a rabbit hole, where there is no rabbit.  

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I really hated the first remand that I was handed by the BVA. You are right bronco , you go right back into the hamster wheel! 

I look at remands in a different way nowdays. A remand is giving your case new life because it shure beats a denial and you get to survive to fight that rabbit another day.

I will say that I have not had to deal with multiple remands. That is a whole nother story and I really feel sorry for those guys involved in multiple remands..

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Rasky rabbit the VA is, just need a bigger shotgun.  The remand code I agree is getting more difficult to navigate, they sure don't make it easy.

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When I got TDIU back in 2003 I had to file for retro because the VA used the date of my earlier rating decision. I had actually qualified for an EED because I was in the hospital for the TDIU condition a year prior.    I also had gotten SSDI and I believed the VA should have used that date for my effective date.  VA will use the latest effective date that they can dream up in lieu of the actual legal date.  I had to file quite a few appeals to get P&T and to get an EED.  I was on a roll and I was just mad as hell.

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John posted:

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VA will use the latest effective date that they can dream up in lieu of the actual legal date. 

I agree.  Every one of my effective dates were wrong, and, I appealed and got the applicable retro for every one.  

I have one more, yet to do:  effective date of SMC.  

SMC effective date is inferred, so VA is supposed to award SMC "at the earliest time you meet the criteria", and the date you apply does not matter.  And, I still need to fix that one, but am resting to catch my breath before next round with VA.  Its not a lot of retro, so I have been kicking that can down the road.  It probably means CUE, and I admit to never having done a CUE SUCCESSFULLY.  My one and only try, was a poor effort and I admit that.  I wont make that mistake again.  

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On 2/25/2023 at 6:25 AM, broncovet said:

John posted:

I agree.  Every one of my effective dates were wrong, and, I appealed and got the applicable retro for every one.  

I have one more, yet to do:  effective date of SMC.  

SMC effective date is inferred, so VA is supposed to award SMC "at the earliest time you meet the criteria", and the date you apply does not matter.  And, I still need to fix that one, but am resting to catch my breath before next round with VA.  Its not a lot of retro, so I have been kicking that can down the road.  It probably means CUE, and I admit to never having done a CUE SUCCESSFULLY.  My one and only try, was a poor effort and I admit that.  I wont make that mistake again.  

A;; effective dates need to be made to be inferred just like SMC, not requiring vets to actively submit an application. Furthermore, it needs to be made retroactive to prior claims. Most vets were never properly informed by the VA about the importance of keeping claims alive until the VA got effective dates right, why secondaries are important, and then many either didn't realize claims could be filed or simply toughed it out as long as they could based on the military urging service members to suck it up and work through the issues. Many read a about the issues with claims being yo-yo'd back and forth during the remand (to get it off my desk) unwritten policy and simply say why bother.

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