JSM754

Hi, I've been gone for a while,and I'm still waiting for Decision from the BVA Reconsideration Panel.Some of you may already know that in May 2007 the BVA granted my Motion for Reconsideration that denied me an earlier date of claim.Here's the latest: 1.It went to the Expanded Panel for Review on 16July2007. 2.On 21August2007 it was forwarded to a Judge. Which is where it is now. I was told that because I already had another Issue awaiting a BVA Decision I suspect I'm going to get two screwings for the price of one. If anyone has been in the same position please weigh in. Thanks

Hi, I am way past the DRO stage. I was Granted a Motion for Reconsideration of a BVA Decision,my Issue was about an Earlier Effective Date of Claim. If you want more details let me know.

Hi Berta, As I was reading the Information that you/or whoever received from the mentally challenged Consumer Repreps at the 1-800 number is exactly one of the reasons I am where I am today. Read Carefully and check the Reg's: **A veteran files for an Increased Evaluation dated 01 January 2004. (DATE OF CLAIM) The Veteran disagrees with every Rating Increase Denial, which at some point more likely than not puts the Issue into BVA status. As the Veteran waits for their BVA Review, they continue to request a Reconsideration at the RO Level.** For arguement sake the Veteran is granted an Increased Evaluation Rating Decision dated 28 August 2007. It does not matter that the Veteran coninued to request a Reconsideration by the RO while waiting for a BVA Review. **THE BOTTOM LINE IS THAT IF AN ISSUE IN PENDING APPEAL STATUS IS RESOLVED BEFORE BVA REVIEW IS TO BE GIVEN THE ORIGINAL DOC (I.E. 01 JUNE 2000) Please get back to me JSM754

As some of you may know my Motion for Recon had been Granted. It went before the Expanded Review Panel on 16 July 2007. I found out today 8/28 that it has now been sent to the 3rd. Panel Review Member on 21 August. Please give me some Insight. Rapid movement may not be such a good sign, and then again????. Just give your Thoughts. I'm currently online and will be for a while for anyone who may be awake Thanks

Hi, Thank-You very much for your answer.I'll gladly accept it no matter what the date. Later JSM754

Hi, Anyone out there know when the Clothing Allowance will be paid and how much. I normally get mine around the 25th-26th of August Thanks

Hi, As of today I've gone beyond Angry. In calling the NYRO, I now find out that the Congressional Rep from Hell Joanne Hurley, is now in training for Rating Specialist. Just when I thought things couldn't get any worse.Although it really doesn't surprise me, because the more INCOMPETENT the DVA Employee is the Better they are able to jerk the Veteran. The NYRO said I could indeed File a Suit. Which is exactly what I think I just may do. It's easier to File against the people I feel are responsible than it is to File against than it would be to Sue the DVA as a whole. I am researching my options right now. It may not go anywhere, but if nothing else it will w/o a doubt put a spotlight on them and the NYRO. fAIR EXCHANGE AIN'T NO ROBBERY. JSM754

Berta, Berta, Berta First and foremost, I have followed all of the advice you have given me. I intend to take this all the way. With that said it should not have gorten to this point. What angers me the most is the fact that the NYRO's Congressional Liasion (Joanne Hurley) who is the last Defense for the Veteran did absolutely nothing to make a wrong right. Tell me if I cannot sue the DVA can I sue the people I feel are at fault??

Hi Pete, I've had money coming in since 1990, which is really not the point. I want someone held accountable, truth be known I really want someone's Job that is how angry I am. What they have done is not only wrong but was done intentionally. JSM754

Hi, I know that if no one else replies "Berta" will.(Berta please review and Reply). Anyone who can advise and help please do so. My Motion for Reconsideration has been Granted, and as of 16 July 2007 it is now before the Expanded Reconsideration Panel. I've only won Half of the Battle, and now all I can do is await the Final Decision. I would be lying if I didn't admit that I am Thinking the Worse and Praying for the Best. There is no doubt in my mind that what has been done to me, has also been done to other Veteran's,I just have refused to go away. In addition to which I refuse to allow the NYRO (245 West Houston Street) to try to Cover their Butts at my or any other Veteran's Expense. If this has happened to me, at some point it will happen to you. If you want to Review the BVA's Decision the Docket Number is 00-13-664. Keep in mind that the Dispute has nothing to do with Percentages,Ratings because all had already been resolved. The Dispute amounts to nothng more than "DATE OF CLAIM" as it Pertained to my Cervical Spine Condition. Here is the Scenario, and is probably what led to my Motion for Reconsideration to be Granted: *The NYRO allowed my Cervical Spine Condition to remain (by their Admission) in an Open and Active Appeal Status unresolved for 13 Years. They did not Dectect and Admit their Error until they had already Granted P&T IU. Which I had not Applied for until July 2002. After they granted 3 different Effevtive Dates the last being 10 March 1998. At this point the NYRO is making IU an Issue. Realizing that there was no way in Hell I wasn't going to go away the DRO(Joe CORRETJA) and the Congressional Liasion from Hell Joanne Hurley and their knowing that the NYRO would have one Hell of a problem, so let the BVA make the Decision. After admitting that I was indeed right and that my Cervical Spine Condition was indeed still in Open Appeal Status with an Effective Date of 1 June 1991. Trying to make this long story short this what the NYRO resorted to: 1. On 8 September 2004 they Certified my Case as Appeal Ready for BVA Review, with the Evidence of Record showing VA Form 8 signed by the DRO (Joe Corretja) 2. On 4 October 2004 the NYRO sent a SSOC (SOC dated 27 January 1995), Included was a Cover Letter that the my disagreement for an EED having an Effective Date of 1 June 1991, which I had Contended all along. 3. On 12 October 2004 the NYRO responded to my Request that they Correct their Error which they Denied, taking the position of letting the BVA make the Decision. Just when you think it couldn't get any worse, it indeed does. Because I needed to submit a Statement to the BVA, his is when I found out the Docket Number. I knew I had a problem, and it did not come as a surprise when the BVA handed down a decision dated 14 March 2005 denying my Claim. So much for "All Evidence of Record has Been Considered. I knew some thing was not right, I just had to prove it. It just so happens that I applied for SSD and Binder&Binder needed Specific documentation from my C-File, which was and still is in Case Storage in D.C. Under the Freedom of Information Act I was sent a Copy of my Entire C-File. (1,156 Pages) The first thing I find is a VA Form 8 unsigned by the DRO (Joe Corretja) and dated 11/16/2004 that had not been Certfied for the Board. No matter how you slice it I got Screwed. The NYRO took away my Right to a Fair and Unbiased BVA Review. I'm going all the way no matter the Cost. Help by telling me what to do??? What you are reading now is exactly what I argued in my Motion. Help Me Please!!!!!

Hi, I spoke with the Lawyer listed. What he told me was to call him as soon as I get the Reconsideration Decision, be it Favorable or not. What he did agree with is that I am either very Luckey or I must have made one hell of an argument. The BVA very seldom Grant Motions for Reconsideration and that I have only won half of the Battle. With that said, something very strange has happened. I called the BVA status Line to find out what out what Month they were up to for Cases having 2005 Docket Number which she said was June. 0Being not quite sure of the Month of I was not quite sure what the Month of my 2005 Docket Number, I asked her to check. I had already known that my Motion went before the Judge on 16 July 2007, here's what baffles me according to the BVA's Status Line's Computer System it seems that Both Issues are being Reviewed by the Judge. I want to know if this is standard because it doesn't make any sense to me. Please help me out by giving me your thoughts. I almost forgot, the Texas Lawyer told me that should my Review be Denied he will at that time put me in touch with who would the Best Lawyer for the Job. Because if I am Issued a Denial, and have to go before the Highest Court I am going to need the best. Question,??? what's uph that, and does that fact make it a Good or Bad thing. Let me know. JSM754

Sorry I am starting over * Here is the scenario: Due to an extremely gross Error made by the NYRO and thrir Refusal to Correct it, because and only because they failed to find that they had allowed an Issue to remain in an Open and Active Appeal Status un resolved for close to 13 Years until after I had been granted P&T IU (By their Own Admission, they made a Mistake). When IU was granted I questioned the Effective Date of Claim. After three(3) diiferent Effective Dates the Last being 10 March 1998, and My continuing to Disagree, arguing that my Cervical Spine Condition was still in Appeal Status. Upon receiving a SSOC w/a Cover Letter dated 4 October 2004 pertained to the SOC dated 1/27/95. This the point where they Admit the the Dispute as it pertained to the Cervical Spine and only the Cervical Spine was still in Appeal Status with an Effective Date of 1June 1991. I will fast forward, On 12 October 2004 the NYRO responded to my 6 October 2004 Disagreement with the Effective Date. Please pay Close Attention to the Dates I am giving you. The letter of explanation dated 12 October 2004 that the Issue would have to be decided by the BVA. At this point I fgured that it couldn't get any worse, so I opted for a Video Conference by the BVA. The Hearing was scheduled for 22 January 2005, having had just had Cervical Spine Surgery and believe it or bad weather I did not attend the Hearing. I immediately notified the NYRO, and was instructed to Notify the BVA Status Line, who in turn instructed me to Notify my Service Representative which I did not have because for the past 14 Years I had been Representing myself. (I did pretty good by the way. I was told that I could submit a Statement to the Board. Hold on it just gets better from here ;) . I was absolutely livid when I was given the Docket Number 00-13-664. I knew immediately that I had a big problem. I contacted the the worse Congressional Liasion in all of the DVA (I had been throgh Four (4) of them). The BVA's Decision dated 14 March denying an EED came as no surprise. So much for ALL EVIDENCE OF RECORD HAD BEEN REVIEWED. I knew that I had been Screwed with no Grease. From the date of the of the BVA's Decision handed down on 14 March 2005 until I filed (On My own Behalf) a Motion for Reconsideration dated January 2007, I knew I had to find out what went wrong. Because I would have rathered go to Hell and walk with the Devil, before I would allow the NYRO to cover their Asses at my expense. Now we get to the good part. I applied for SSD and was denied. I then Hire Binder & Binder for Help. They needed my Medical Records, Award Letters etc etc. My C-File was locked in Case Storage pending Appeal Decision. In my attempt to get only what Binder&Binder actually needed, I find out that I was entitled to one Free copy of my Entire C-File under the Freedom of Information Act, which totaled 1,156 pages. As I am placing the File into Binders I found what I needed. Here is what I would like for you to think about what I discovered: 1. In my C-File thre was Two (2) VA Form 8 (Certification of Appeal). One was signed and dated 8 September 2004, (00-13-664). The other one was placed in my C-File with a date of 11/16/2004 and unsigned, and not Certified to the BVA's. 2. The SSOC&Cover Letter dated 4 October 2004 and the Letter of Explanation dated 12 October 2004 and having a 1995 Docket Number was never submitted to the Board. This is my thinking, there was absolutely no way in Hell I would get a Favorable BVA Decision here's why the NYRO had Certified my Case as Appeal Ready on 8 September 2004. When the information mentioned in item #2 was mailed to me that would have given me a Effective Date of 1 June 1991 was never Certified to the Board. I pondered my options for quite a while and took a Chance by filing a Motion for Reconsideration which was Granted. Just tell me your thoughts, now that this matter is now before the Expanded Reconsideration Panel, believe me no one is more shocked than I am. All I keep hearing is that Granting a Motion doesn't happen often

Hi, Thank-You for the meaning, boy do I feel Stupid . I just want to throw this out to you asking that you give it some thought and tell me what you think:

Hi, I first have to ask you what the Heck does "BTW" mean.???? Please explain. As it turns out, my Issue went before the Expanded Panel on 16 July. I can only hope and wait. But, here is something for you to consider and to tell me what you think: