Regarding Pemanet And Total Disablity

[Tammy]

Hi everyone.

If we decided to do an appeal on a earlier effective date, and Cue, because the VA as never admitted to my husbands back ever being broken while in the service. Now in 03 they did say he was able to get paid at like 100% but because I was we were still angrey because he broke his back in 1979 and they still don't want to be held responsible. My question is the letter that was sent is so confusing and I would love to fax or to have someone read it. That way I would know what I should do....I have an appeal 9 and I really don't want to file that because I am afraid that would piss them off more and we won't get nothing. To tell the truth we can't give this up. Can we just not send back the file 9 and if we don't what will happen? It says on the frount of the stack of like 35 papers what is states on the front is Dear Mr. .... you have filed a a notice of disagreement with our action, This is the first step in appealing to the Board of Veterans Appeals..Now this is the notice of disagreement i had made for my husand on the earlier effective date and increase in some parts of his problems which I felt should of been raised higher I did this because he has been ill sense 1979 and they are just giveing this to him in the last 2 yrs so i filed this right away with his permission. it states the file has to be completed with in 60 days to continue to appeal...now if I decide or write on there we don't want to take this any farther we arre happy with the amount we get will they drop it and keep giving us what we were getting before I filed this. I mean will it just stay the same. I feel like we are getting punched you know for second guessing them.. I does say in bold letter that "If we do not hear from you withing this period , we will close your case. But waht about the other things that they put in there, because during the first part of the appeal they made my husabnad go get a c and p exam and we don't know why and those people changes some of the issuues but will that matter if he all ready was approved and has been since 2 yrs ago, will they just forget that entitlement and go to this one if the doctors changed a few things on thier notes in the favor of the goverment and not the vet. I don't know of any 10 Docs that ever give the same diagonosis it just depends and now I feel that thier going to base some of my exam with what the new Doc said and I think that is wrong. so will this appeal just close up and die, if we don't push it any further? Please someone let me know

Tammy and questions you mitht want to ask please do so.

thanks it would help me.

[Guest RickB54]

Hi everyone.

If we decided to do an appeal on a earlier effective date, and Cue, because the VA as never admitted to my husbands back ever being broken while in the service. Now in 03 they did say he was able to get paid at like 100% but because I was we were still angrey because he broke his back in 1979 and they still don't want to be held responsible. My question is the letter that was sent is so confusing and I would love to fax or to have someone read it. That way I would know what I should do....I have an appeal 9 and I really don't want to file that because I am afraid that would piss them off more and we won't get nothing. To tell the truth we can't give this up. Can we just not send back the file 9 and if we don't what will happen? It says on the frount of the stack of like 35 papers what is states on the front is Dear Mr. .... you have filed a a notice of disagreement with our action, This is the first step in appealing to the Board of Veterans Appeals..Now this is the notice of disagreement i had made for my husand on the earlier effective date and increase in some parts of his problems which I felt should of been raised higher I did this because he has been ill sense 1979 and they are just giveing this to him in the last 2 yrs so i filed this right away with his permission. it states the file has to be completed with in 60 days to continue to appeal...now if I decide or write on there we don't want to take this any farther we arre happy with the amount we get will they drop it and keep giving us what we were getting before I filed this. I mean will it just stay the same. I feel like we are getting punched you know for second guessing them.. I does say in bold letter that "If we do not hear from you withing this period , we will close your case. But waht about the other things that they put in there, because during the first part of the appeal they made my husabnad go get a c and p exam and we don't know why and those people changes some of the issuues but will that matter if he all ready was approved and has been since 2 yrs ago, will they just forget that entitlement and go to this one if the doctors changed a few things on thier notes in the favor of the goverment and not the vet. I don't know of any 10 Docs that ever give the same diagonosis it just depends and now I feel that thier going to base some of my exam with what the new Doc said and I think that is wrong. so will this appeal just close up and die, if we don't push it any further? Please someone let me know

Tammy and questions you mitht want to ask please do so.

thanks it would help me.

Tammy,

Your post is hard to understand.

Please break your questions down so that we can help you.....

[Ricky]

WOW - slow down just a bit, take a deep breath and relax. Just a few questions to try and clarify what you are talking about. You said you had filed a NOD for EED. When did you do this? Based upon your report of what the top paper on the stack said it appears that this is a standard reply from the VA when you file a NOD which asks if you want a DRO process or the traditional appeal process and if you don't reply within 60 days then they will use the traditional appeal process. If this is it and you don't reply all it means is that the appeals team will review it to make sure it is correct and send you a statement of the case. However, like Rick said it is hard to understand what you are talking about.

Yes you can withdraw the appeal if you want to but why would you do that. In a very simlar post you stated you were afraid you would lose the 100 percent U/I award. The only way that would happen would be if you commited fraud to obtain it or your husband was now working. In any case you would know if this was the case. The VA is not just going to pull the rating without providing you proper notice and allowing you the time to reply to the notice.

All of the above is just guessing on my part based upon what I think are your questions so don't rely on the info I have provided. You will need to explain yourself a little bit better. Better yet why not go to your local VSO office, even if you do not have one representing you at this time, and have them look it over and explain it to you. If you feel uncomfortable doing that then we will try to help you all we can but your gotta provide a better explanation.

Edited April 6, 2007 by Ricky

[Philip Rogers]

WOW - slow down just a bit, take a deep breath and relax. Just a few questions to try and clarify what you are talking about. You said you had filed a NOD for EED. When did you do this? Based upon your report of what the top paper on the stack said it appears that this is a standard reply from the VA when you file a NOD which asks if you want a DRO process or the traditional appeal process and if you don't reply within 60 days then they will use the traditional appeal process. If this is it and you don't reply all it means is that the appeals team will review it to make sure it is correct and send you a statement of the case. However, like Rick said it is hard to understand what you are talking about.

Yes you can withdraw the appeal if you want to but why would you do that. In a very simlar post you stated you were afraid you would lose the 100 percent U/I award. The only way that would happen would be if you commited fraud to obtain it or your husband was now working. In any case you would know if this was the case. The VA is not just going to pull the rating without providing you proper notice and allowing you the time to reply to the notice.

All of the above is just guessing on my part based upon what I think are your questions so don't rely on the info I have provided. You will need to explain yourself a little bit better. Better yet why not go to your local VSO office, even if you do not have one representing you at this time, and have them look it over and explain it to you. If you feel uncomfortable doing that then we will try to help you all we can but your gotta provide a better explanation.

Ricky, you stated "In a very simlar post you stated you were afraid you would lose the 100 percent U/I award. The only way that would happen would be if you commited fraud to obtain it or your husband was now working." You may have overlooked that the VA can call a CUE on itself and propose a reduction. They still need to follow proper procedure but they can effect a reduction w/o either fraud or working being involved. jmo

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