poolguy11550

"Retired from active duty in 06,..............was only awarded 10%....................appealed, denied." At what point did you drop the claim during the appeals? Why did you drop the claim? I think that by appealing at first and than dropping the claim later, suggest that you were satisfied with the results. Anyway, the "remedy" would to have continued the appeal process if you did not agree with the rating percentage. I don't see any CUE claim here.

The VA is planning an experimental program consisting of the use of "remote viewers" to process "pre-advanced" claims. Hence, the psychic's will be in-powered to rate claims that veterans have not filed yet. Based upon past studies, the remote viewers have a higher percentage of accurate processing and awarding the precise percentage level (because they can see you and observe you whenever they want to). However, it will still take years for these " pre-advanced processed claims" to navigate though the system, for the award letters to get sent out. Some claims will get lost in the mail rooms or even "shredded" permanently misfiled.

Carlie is right. I personally feel that if you have a plausible claim, you should do your best to keep it adjudicated at the R/O level. You my get it settled in one or two years, however, I think the wait time for a formal appeal is three to four years. Main point is to get as many eyes to view your claim at the R/O, you may find that most elusive but reasonably minded rater and get a grant of claim in a more timely fashion.

Anything that is plausible should be claimed and I think that it would be in your case. However, winning the claim is a different story. I would document the length of time that you used the cane, what particular type of cane that used and note the doctor that prescribed it for your use. Show this to a hand specialist and get his/her opinion. I have a similar problem and found that the use of a forearm crutch greatly reduce the pressure on my hand/wrist.

Carlie brings up a very good point. Involving your elected officials will most likely slow down the adjudication of the claim and do little to nothing to help. Congressional s must be answered in 30 days, so what happens is that someone at the R/O will quickly pull your claim file, examine what actions took place and the current status. They'll type up a report and have it signed by a manager and then send it off to Washington. Basically, the response given will be a short description what you might already reported to your congressman (without your personal insight). Then you will get sent the same relayed letter from the staff of your congressman. Anther fact is that an aid working for your congressman will handle the congressional without it ever coming to the attention of the congressman. On very rare occasions have I seen or heard of a congressional helping a claim, its simply a functional process that takes time away from your claim adjudication.

You need two pieces of evidence- 1) Take a couple of weeks and write down everything from your service time that you can truly attribute to causing your current back issues. Craft a statement from this. 2) Obtain an Independent Medical Opinion from a licensed doctor- don't matter if the doctor is pinoy/pinay but must be licensed. Manila R/O will look up the license and obtain a signature from the doctor to compare to any evidence from you. Ask the doctor to give you a exam and look over all your evidence and the statement you crafted from your notes above. If you do everything as I described and the doctor's opinion is favorable to your claim, then you have iron-clad claim. However, it will take time and the Manila R/O is notorious for being very tough. Don't take it personal, there is a lot of fraudulent claims filed in the Philippines for one reason or anther. Additionally, I live half-year in the Philippines, in Dasmarines, Cavite. If you need any help crafting the statement from you notes, drop me a PM. Sige Po

I see that your 70% S/C. If you don't mind, what are the conditions that you are currently rated for? Could your back condition be secondary to the S/C conditions? Other than that I agree with the others that have posted here.

BCV, 1. You must send it to the regional office where you filed your claim. Its best to walk in and submit a one page letter detailing your concerns. Have a copy of the letter on-hand and get it date stamped so you have a record of exactly when and what you filed. If you have to send certified mail, ask the postal clerk to stamp your copy of the letter that you sent. Then when you get the cert. card back staple it to your stamped letter. 2. Simply state your need for assistance in addressing the proposal and to make the new evidence "for the record" in consideration of such. This will be helpful if your claim goes to the appeals process- A) You asked for assistance. B) you made it known to the R/O that there is new evidence to be weighed. Should the R/O ignore your letter, this secures the retro-active pay when and if you win on appeal. 3. There is no department to specifically address the letter to, as it will run though the system and have a 50/50 chance it will get ignored. But, you will have this recorded (at least your copy) and that will be a big help in an appeal. 4. Is your SSDI award the same condition/s for your S/C condition/s? 5. Looking into attorneys is good, but if things are as you state you can do this yourself in about the same time- either way it goes with the R/O.

I agree with Philip & Carlie. Additionally, I'd shoot off a letter sent via cert. mail that explains your rebuttal (counter-proposal) was specific in addressing the proposal for reduction and that you request the R/O help in developing the new evidence (SSDI letter) submitted with your rebuttal (counter-proposal). Explain that it was your intent to offer further evidence to the proposal in the rating while the RO was weighing evidence for a decrease. Specifically, ask for the VA to help you in your effort to properly introduce your evidence in the final decision so that all evidence can be weighed. Also- "Subsequently, some lady at regional in Waco send me a letter stating my rebuttal was no good. She stated the decision on the proposal to reduce my percentage had to first be made in order for them to accept my rebuttal." Never accept anything from the VA telling you whatever is "no good", your not a legal expert (and they are not either) and the system is set up to offer you assistance because of this. Simply explain what your intent was and the RO has the duty to help you properly complete the task of your intent. Regardless of outcome, you have an appeal-able issue for each- reduction (if so happens) and failure to assist (retroactive).

An award letter detailing the VA's findings and totaling your final percentage should normally accompany the SOC if there is a grant/increase of benefit by the DRO. In this case I would strongly suspect a denial. Appeal it!

The M21 is and agency internal "standard", "rules", and/or "guidelines" that is established and set by the secretary of the VA. Would'nt one think that all VBA employees would be bound follow such? However, this VBA employee feels that the M21 is merely a "convenience". The good news (i guess) is that someone from an "va.gov" e-mail answered your inquiry back. Bad news is that the answer was filled with "VA fluff" and no real substance. I'll look into this and ask around, but personally, I feel that law or nor law for this said issue won't change much within the the VBA as the "law" may only be a "super convenience".

I been though the Trauma Recovery Program and it was better than I thought it would be. It did help with my anxiety attacks. I believe that during your first visit the doctor will plan a specific path with you. For me, it consisted of a weekly group meetings for about three months. I was not there for PTSD, so your groups would be different. Several vets in my group also participated in other groups focusing on PTSD. So, you may have more than one group to be in.

1. You can't work or you don't desire to work? Whenever I see conflicting statements, I cannot help but to ask a rational question? 2. From around-the-way, I heard of a card counting black jack player that filed for TDIU. I also heard thru the grapevine that this veteran won the lottery last month and decided to run for congress. What happens to his TDIU cliam should he win? I hear a lot of things "around-the-way" and much of it is wrong and non-factual. On my example #2 the real answer is- what the heck does it matter, its a hypothetical based upon to other three other hypotheticals. babyray, I apologize also because know nothing about your disabilities and situation. However, if what you say about yourself is factual I think that you will be better served to focus upon your well being instead of tracking down the rumor mill.

Well stated Carlie.

It will probably work.