BVA-ASKNOD DOES DC AGAIN AND WINS


downloadHere’s the actual decision that gets down in the weeds and begrudgingly grants my 1994 earlier effective date. What is of note is that the BVA tries to impute that I submitted evidence after the issuance of the  January 5th 1995 SOC when their very own files show clearly that the evidence was received and filed in the C-file on December 7th, 1994. Regardless of how you try to adjudge when they received them, the seminal fact was that any receipt of new and material evidence during an appeal period requires a de novo decision all over again. This they artfully danced around for five and one half years interest free. 

This is why this site was begun. To accomplish what you see here-for all of you. VA will do their utmost to make it look as though you are at fault for any of their shortcoming. This accelerated to the point of blatant lies as to a) whether  they received it at all; b) that they actually looked at it and denied it wtihout telling me and finally  c) it was all a fig newton of my imagination and that I should just go home and get over it. Win or die Folks. All you have to lose is the black ink in your printer cartridge and some 8 1/2 X 11 paper.

Win or Die VA

About these ads

About asknod

VA claims blogger
This entry was posted in BvA HCV decisions, Inspirational Veterans and tagged , , , , , , , , , , . Bookmark the permalink.

10 Responses to BVA-ASKNOD DOES DC AGAIN AND WINS

  1. Skywalker says:

    Wait–so does this mean you’re getting a big fat six figure check? If so, congrats! I bet it felt on some level like this day would never come (a common reaction when you’ve lived a scenario long enough that the completion becomes an abstract concept). Can’t wait to hear about it….

    • asknod says:

      I don’t count the VA’s chickens until I have them in the coop. I’d say with a wife and two dependents using the VA Backpay calculator from 1994, it will be in the six figure arena. Seeing’s how they said I was 100% in 2008 on top of already being 100%, this could get interesting. I promise to kiss and tell.

  2. WGM says:

    Congratulations Sir NOD.
    This was a hard and long fought battle, and a most excellent Win.
    For many years You have provided inspiration and knowledge to many Vet’s.
    Outstanding and Well Done, Sir.

  3. Randy says:

    Well done ole bean, well done. I too await the “final” leg of this journey with the VA and hope this will finally be what they should have done back in 2006. I raise a glass to you and the win. No not booze!

  4. SquidlyOne says:

    Congratulations!…That was many years of proper planning and legal wrangling. Also congrats to your attorney for a job well done! I guess they know you are serious about the greenhouse now. :-)

  5. david j murphy says:

    Hopefully they don’t play any more games. You earned every penny and then some

  6. mark says:

    I Think, the VA should PAY when THEY infected US, me 1978, you 1968, that would be right, all the years of being sick, and THEY just get off scott free, if WE are Service Connected and Sick, THEY should PAY

  7. karen stern says:

    Way to go, you earned it.

  8. david j murphy says:

    When do they buck up?

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s