I just received a very favorable decision (after almost 10 years) that service connected my brain damage, acquired psych disabilities, sleep apnea and insomnia, GI disabilities and neuropathies, all due to solvent exposure. HOWEVER, they didn't say ONE word about my chronic fatigue syndrome, which has always been an issue on appeal. I notified them the next day of thier omission. I believe it was a typical (for the VA) oversight. CFS was originally denied on basis which have now been found in my favor.
Today, I read the fine print re: Motions for Reconsideration. It seems I must file one more formally. I will probably get a 100% scheduled rating on the decision as it issued, if it is done by a competent rater. That is a big if. I will clearly get 100% when Individual unemployability is considered, but because of the way one political party keeps trying to shave off benefits for the benefit of tax dodging billionaires, I would really rather have 100% scheduled, which would be guaranteed with CFS being awarded.
MY BIG QUESTION IS: Will the Regional Office go ahead and do an initial rating and payment on the Decision that issued and see if they need to revise it later, OR will the Motion for Reconsideration further delay initial payments ???
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.
However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.
When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait! Is this money from disability compensation, or did you earn it working at a regular job?" Not once. Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.
However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.
That rumor is false but I do hear people tell Veterans that a lot. There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.
Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.
Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:
NOTE: TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY. This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond. If you were P and T for 10 full years, then the cause of death may not matter so much.
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Otrgypsy
I just received a very favorable decision (after almost 10 years) that service connected my brain damage, acquired psych disabilities, sleep apnea and insomnia, GI disabilities and neuropathies, all due to solvent exposure. HOWEVER, they didn't say ONE word about my chronic fatigue syndrome, which has always been an issue on appeal. I notified them the next day of thier omission. I believe it was a typical (for the VA) oversight. CFS was originally denied on basis which have now been found in my favor.
Today, I read the fine print re: Motions for Reconsideration. It seems I must file one more formally. I will probably get a 100% scheduled rating on the decision as it issued, if it is done by a competent rater. That is a big if. I will clearly get 100% when Individual unemployability is considered, but because of the way one political party keeps trying to shave off benefits for the benefit of tax dodging billionaires, I would really rather have 100% scheduled, which would be guaranteed with CFS being awarded.
MY BIG QUESTION IS: Will the Regional Office go ahead and do an initial rating and payment on the Decision that issued and see if they need to revise it later, OR will the Motion for Reconsideration further delay initial payments ???
Edited by Otrgypsytypo, additional facts, typo
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broncovet
VA's definition of Clear Unmiskakable Error is found in 38 CFR 3.105, as follows:
broncovet
Good luck filing a MFR based on failure to adjudicate an issue. This has already been decided at the CAVC some time ago. In a nutshell (my summary), when the BVA fails to adjudicate an issue: A
pacmanx1
Actually, if you read through the site/cite you posted, if the BVA accepts the veteran's (MFR) Motion for Reconsideration, the 120 days’ timeframe is put on hold or placed in limbo until the board mak
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