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Found 49 results

  1. I noticed that the VA didn't award me anything for my anxiety. I was diagnosed with PTSD, depression, anxiety and MDD all at the same time. I looked through my records and see where it's all listed. It has been less than a year since I received my award. Can anyone tell me how to go about getting my anxiety added into my disabilities. Do I file an appeal or..........
  2. Received DRO denial decision. However, the 30 days have gone by to apply for BVA hearing. May I still send in my SF9? Thank you.
  3. So on Monday I had my C&P exams for my feet/ankles/toe and scars. I think it went rather well and the doctor was thorough. These C&P exams were ordered on September 8th, 2016 by the DRO in WACO after she over turned the other DRO's decision. She ordered the C&P exams so I could get a proper rating on my contentions. She over turned the DRO's decision due to his egregious errors in my decision that I brought to the attention of Mr. Robert McDonald's office and my local Congressman. After getting the representative from McDonald's office to contact me and then to get the WACO office to contact me, I sit here today awaiting the decision I should have had years ago. I am grateful the new DRO reviewed the decision that the previous DRO made and over turned it. The DRO that made the egregious errors in my decision has apparently done this to other Veterans. I hope they investigate this DRO. I am thankful I did not have to go another 2-4 years to the BVA to appeal a decision due to the egregious errors by one DRO. I am grateful the new DRO assigned saw the egregious error and reversed the decision at the RO level. I did talk to the DRO on Wednesday and she said she received the scar C&P exam but not yet received the Foot/Ankle/Toe C&P exam. She said it shouldn't be too long and then she can rate me. I am so anxious right now!
  4. My file was stuck in appeals for over two years in San Diego, and they transferred it to Pittsburgh, since I am overseas. Any advice on preparing for the DRO Hearing, whenever I get one.
  5. Please, welcome new VET2VET podcast episode: https://youtu.be/waV5t0HPtbM Today we are joined by Thomas Wendel, DAV National area supervisor for West Cost Region. Thomas E. Wendel served in the U. S. Marine Corps from 1983 until 1997. Since 1999, Tom has worked assisting veterans in processing various entitlement claims on the local, state and federal levels; first in Clare County as a county service officer and then when he came to work for the Disabled American Veterans in 2000. In 2008 he was promoted to the position of supervisor of the DAV Service Office in Detroit and later he was promoted to the position of supervisor of the DAV National area for West Cost Region. DAV is America’s largest, most effective veterans service organizations dedicated to the needs of those injured, ill or wounded in service. We have more than 1,300 Chapters in communities nationwide to help make sure veterans from all generations and their families get the benefits and support they deserve. Today, nearly 1.3 million veterans belong to DAV, and we encourage you to add your voice to the cause. Our programs and free services help all veterans get the health, disability and financial benefits they earned. Take advantage of our benefits claims assistance, medical transportation and employment resources. Your local DAV Chapter is a great way to connect with fellow veterans in your area. ★ JOIN US IN OUR COMMITMENT TO YOU AND OUR FELLOW VETERANS ★ ▶ facebook.com/VETOVET2 ▶ itunes.apple.com/us/podcast/vet2vet/id1077206523?mt=2 ▶ twitter.com/VETOVET2 ▶ youtube.com/c/VETOVET2 ▶ plus.google.com/u/0/+VETOVET2 ▶ goo.gl/app/playmusic?ibi=com.google.PlayMusic&isi=691797987&ius=googleplaymusic&link=https://play.google.com/music/m/Iiqawbuzg7eviiyqm6xz7kju62m?t%3DVET2VET ▶ feeds.soundcloud.com/users/soundcloud:users:198832065/sounds.rss ▶ soundcloud.com/vet2vet ▶ stitcher.com/s?fid=80842&refid=stpr ★ LIMITED LIABILITY CLAUSE ★ THE INFORMATION AVAILABLE THROUGH THE VET2VET MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VET2VET MAY MAKE IMPROVEMENTS AND/OR CHANGES OF THE CONTENT AT ANY TIME. ADVICE RECEIVED VIA VET2VET SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF VET2VET, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE CONSULTING VET2VET.
  6. I posted this in my other ongoing thread but I want this brought to the forefront. I was recently denied by WACO DRO Steve Wilbur and I believe I was retaliated because I simply asked Robert McDonald in an email to step in after 6 months of waiting for a decision when the DRO told me in the informal hearing to give him 60 days. My hearing was 45 minutes long and I was well prepared. The DRO Steve Wilbur has a very bad reputation at WACO for denials. I received a call from DRO Wilbur on August 18th, 2016 stating he received my request for a decision. He told me he would be deciding it within the week but in fact he had already decided it that day! Now I have yet to received the SOC but I have a Women's Outreach Coordinator in St. Petersburg VBA who is a very close friend of mine and happened to see the denial in my records. This idiot DRO failed to put a cover letter with my SOC and no date on my SOC. He simply submitted it to Evidence Intake and never mailed it to me! If it wasn't for my connection I would still not know and would not be within the 60 days to file the Form 9. I emailed Robert McDonald earlier this week, firing off my distaste for this DRO and my local congressman. I plan to further put him on front street when I do file the Form 9. As for my NOD, I filed it back in 2014 for right foot (5th metatarsal fracture), right ankle condition, and left toe condition. I am attaching a lot of documents and I know we all have busy lives and I have helped a lot on here and now I need help please! I need your opinions on this situation. Original denial for toe condition was on decision letter in June 2014. They put the denial of the toe condition on the wrong foot! It was noted on the right foot when it should have been the left foot. I pointed this out since my right ankle and right fracture had yet to be decided on. November 2014 received denial for right foot/right ankle and toe condition noted on left toe continued to be denied. This was after I had a C&P exam July 2013 where I provided TWO DBQ's from my current outside podiatrist stating my injuries to my feet/ankles/toe was all in-service injuries and I was still affected by them to this day. That was 2013. I was s/c in June 2014 and was able to start getting treatment by the VA. My primary had X-rays completed and in 2014 it showed an old fracture to my right foot, the 5th metatarsal. The C&P examiner made a rationale that stated he noted diagnoses in the C&P exam. He felt comfortable with the DBQ's from what I gathered. November 2014, a medical opinion by some doctor I never saw but supposedly reviewed my records determined either I was healed and no further treatment or that I had in-service injuries but no loner had issues. So I filed NOD November 2014 citing the errors and why I felt the denial was incorrect. Fast forward to February 2016, I had my informal hearing with DRO Wilbur. I had submitted a Nexus letter dated February 12th, 2016 from my podiatrist indicating he reviewed all my SMR's and my current conditions were all related to in-service injuries. During the hearing, DRO Wilbur even stated that a fracture in s/c with no further residuals is at least 0%. He further went on to review the Nexus letter noting that my Podiatrist stated all three contentions were in fact in-service, continuity continued. DRO Wilbur told me 60 days to decided. DAV rep was present. I felt good......WELL, then I was denied last week. Here is the evidence I submitted to the DRO for review. I am just lost for words on this! DBQ ankle conditions_Redacted.pdf DBQ foot conditions_Redacted.pdf medical opinion w-o exam_Redacted.pdf Timeline for NOD hearing.pdf Nexus letter-redacted .pdf NOD - Denial Letter .pdf NOD evidence notes.pdf
  7. Hi everyone; I have several threads going but i want to get these C&P exams out there in the open. Please look at both C&P exams (Foot Conditions) (Ankle Conditions). Look at the errors done by ONE doctor. The first C&P exam I attached is for Foot Misc. The very first error by the C&P examiner is the fact that he states under #1 Diagnoses Avulsion Fracture 5th Metatarsal - date of diagnoses 6/23/2013. That is WRONG! If you look at the other C&P Exam for Ankles, under #1 Diagnoses he states right 5th metatarsal fracture - date of diagnoses 1993! YES that is right! See where I am going with this???? Let's continue on.... C&P exam for Foot Misc - #2 Medical History - he specifically states Toe condition left toe. The date of the symptoms 1991. #3 Morton's Neuroma - YES left. #15 Functional Impact - YES #16 Remarks - For the claimant's claimed of RIGHT FOOT CONDITION, there is no diagnoses because the claimant does not claim the condition. For the claimant condition LEFT FOOT CONDITION, the diagnosis is already noted in the diagnosis section. For the claimants condition of TOE CONDITION ON LEFT FOOT, the diagnosis is already noted in the diagnosis section. He is obviously mistaken on my right foot condition because it was in my original claim May 2013 but let's continue.... C&P exam for Ankles - #1 Diagnosis - He notes ankle sprain 1993 and he notes right 5th metatarsal fracture 1993 BUT he puts it as LEFT foot! WTF????? Do you see this??? First he has the right fracture on my foot C&P exam with the wrong date, then on this one he has the right fracture but noted on the left foot! #2 Medical History: States my history #17 Functional Impact - YES #18 Remarks - The claimant now has or has had ankle condition. For the claimants claimed condition of RIGHT ANKLE CONDITION, the diagnosis is already noted in the diagnosis section. For the claimant's condition LEFT ANKLE CONDITION, the diagnosis is already noted in the diagnosis section. this doctor has F'd both C&P's up!!! To add to this I get some medical opinion in November 2014 from some doctor who apparently reviewed these C&P exams, my DBQ's submitted on my behalf by my Podiatrist at the time. This is so ridiculous! On top of this, the DRO takes my Nexus letters supposedly into consideration but no rationale? See attached the Nexus LetterNexus letter-redacted .pdf C&P Exam Feet 7-2013_Redacted.pdf C&P Exam Ankles 7-2013_Redacted.pdf
  8. Well good afternoon my fellow Vet's!!! I am really deflated right now....It's going on 3 months since I had my DRO review hearing with no end in sight. I was told that it could be weeks to months to up to a year for the decision. What erk's me is the fact that I had my hearing why can't the DRO take the time to review and come to a ruling? It's so frustrating! I am going on 3 years since my initial claim and almost 2 years since I filed my NOD. I understand there are others in the same boat or worse boat and I do sympathize with all my fellow Vet's! Now on top of this, most of you know my story.....I broke my right foot in two places on Christmas Eve. I had surgery on January 6th, 2016 and I filed an FDC January 12th, 2016. I filed that my left ankle was the cause of my right foot injury. I was granted 100% temporary convalescence for 4 months due to my left ankle giving out on me and causing my right foot injury. Now if you all remember, I have my NOD since 2014 trying to get my right foot/ankle and left toe S/C which was denied in 2014. My medical records back up my s/c as well as my doctor's letters (IMO) that state my injuries are directly related to my active duty. But here I sit awaiting the NOD decision. Well yesterday I took a bad tumble and fell down the stairs causing sever bruising and swelling to my left ankle and left leg. I am sitting here at the West Palm VA as we speak awaiting to see my Podiatrist for the results of the X-rays BUT while I had my visit with him today, he had another doctor come in and look at my X-rays for my right foot and both of the doctor's state I need revision surgery to my right foot because the bone graft is not "uniting" the bone together. The Podiatrist I had do my surgery in January put pins/screws/plate in the one fracture but only bone graft in the other. Since then the bone is separating and the doctor feels the surgery is necessary and will require me to be out about 2-3 months once again! It's my right foot so I can't drive and it's frustrating! On top of this, my left foot/2nd metatarsal toe has two screws in it that are "coming up to the skin" and they feel that at the same time they do the right foot surgery they need to look into that! I literally just got back on my feet and was feeling okay! My feet/ankles SUCK! I feel so depressed! I just want to cry! I will update you with my X-ray findings but I needed to VENT!!!
  9. I came across this blog and it really helped me understand my NOD process.... http://www.blogs.va.gov/VAntage/25738/the-appeals-process-appeals-at-the-regional-office-level/
  10. Hello, This is my way of introducimg myself to the Hadit community as a whole. I only surf forums and give opinions and such to things that relate to me personally and my Battle with the VA I wanted to get not only all of these tags talked about, but i would hope to be able to at least get all of those abbrvs broken down for the people that come to this site in need I have noticed a lot of us old hats talk to each other in a comfortable, approachable, yet sometimes maybe even un-understandable to those who aren't in our War with the Rap-i um, mean Rating Officers Some of the people stopping by here for well deserved and needed help may not even be Vets, but their Spouses, their guardians, and most Unfittingly too often their Widows I hope to try to build a little list, where if someone came here, they would have, oh, lets say a nice rusty ass old anchor to grip on to, you know, to help them ride out this Hellacious Hurricane of a system we face Add any word, phrase, Article or Chaptet number of any Law, Rule, Regulation that you would like to help pass on, well, not only the cold logical definition, but tye way it helped you in YOUR Battle. i want this thread to be open and honest, but please, don't get lost and sidetracked trying to impress the community, if a discussion blooms from seeds planted here, take your conversation to the Mail system, and coax them to sproutlings on your own dime, and come back with your Harvest of Ideas. Only we have each other, as i have stood on my own for this last 2ish years, i have wanted something more Here, there be monsters, hide no truths, hedge no bets, the deaper we are able to cut on here, the finer and more powerful Claims we can make. Always remember, we should be advancing, and when i steped into Hadit, i started to feel something different on this Battlefield, ever so softly, in the muck, my arm tired from holding back the Tide of VA bullshit... I felt a small click on my shield, it was YOU! You and I, we began to share the load, gave us both second wind. And slowly, i realized what T-Bird has done, he has started a Cadence! my Shield-Brothers and ShieldSisters. Every one of you, whose words i read, eased my burden. The VA can only xxxx us as individuals. Remember, nearly a hundred years ago, when people REALLY figured out how democracy can work for the minority within the majority, Prohibition was passed, and that is because of Soldiers of Ideals. Our issue is, the VA makes us literally be the David to their Goliath. They demand that we beg for our scraps. Very few Vererans are in the position to demand their Just Compensation because first off, we are broken. Assailed by disabilitys they expect us to fight. Alone! They punish us horribly with Time, and indifference......they teach us to Hate the individuals in their system, Whistleblowers ignored except when it boosts Ratings yet never allowing us Veterans ourselves the ability or TOOLS to help OURSELVES. i dont want someone coddling me, i can repair my own engine given time and proper tools. No way in Hell am i gonna try to pull impacted lugnuts off with my teeth now am I? "that some small amount of moneys may be paid to the maimed, the crippled, his widow, his children...." -Abraham Lincoln (Maybe not exact words, but its from my xxxxxx up memory so go google for Knowledge)
  11. Hello, This is my way of introducimg myself to the Hadit community as a whole. I only surf forums and give opinions and such to things that relate to me personally and my Battle with the VA I wanted to get not only all of these tags talked about, but i would hope to be able to at least get all of those abbrvs broken down for the people that come to this site in need I have noticed a lot of us old hats talk to each other in a comfortable, approachable, yet sometimes maybe even un-understandable to those who aren't in our War with the Rap-i um, mean Rating Officers Some of the people stopping by here for well deserved and needed help may not even be Vets, but their Spouses, their guardians, and most Unfittingly too often their Widows I hope to try to build a little Pist, wher if someone came here, they would have, oh, lets say a nice rusty ass old anchor to grip on to, you know, to help them ride out this Hellacious Hurricane of a system we face Add any word, phrase, Article or Chaptet number of any Law, Rule, Regulation that you would like to help pass on, well, not only the cold logical definition, but tye way it helped you in YOUR Battle. i want this thread to be open and honest, but please, don't get lost and sidetracked trying to impress the community, if a discussion blooms from seeds planted here, take your conversation to the Mail system, and coax them to sproutlings on your own dime, and come back with your Harvest of Ideas. Only we have each other, as i have stood on my own for this last 2ish years, i have wanted something more Here, there be monsters, hide no truths, hedge no bets, the deaper we are able to cut on here, the finer and more powerful Claims we can make. Always remember, we should be advancing, and when i steped into Hadit, i started to feel something different on this Battlefield, ever so softly, in the muck, my arm tired from holding back the Tide of VA bullshit... I felt a small click on my shield, it was YOU! You and I, we began to share the load, gave us both second wind. And slowly, i realized what T-Bird has done, he has started a Cadence! my Shield-Brothers and ShieldSisters. Every one of you, whose words i read, eased my burden. The VA can only xxxx us as individuals. Remember, nearly a hundred years ago, when people REALLY figured out how democracy can work for the minority within the majority, Prohibition was passed, and that is because of Soldiers of Ideals. Our issue is, the VA makes us literally be the David to their Goliath. They demand that we beg for our scraps. Very few Vererans are in the position to demand their Just Compensation because first off, we are broken. Assailed by disabilitys they expect us to fight. Alone! They punish us horribly with Time, and indifference......they teach us to Hate the individuals in their system, Whistleblowers ignored except when it boosts Ratings yet never allowing us Veterans ourselves the ability or TOOLS to help OURSELVES. i dont want someone coddling me, i can repair my own engine given time and proper tools. No way in Hell am i gonna try to pull impacted lugnuts off with my teeth now am I? "that some small amount of moneys may be paid to the maimed, the crippled, his widow, his children...." -Abraham Lincoln (Maybe not exact words, but its from my xxxxxx up memory so go google for Knowledge)
  12. December 31, 2015...had a DRO for an appeal on a "1151" claim. The "1151" for malpractice/negligence has been pending since May, 2011! Obviously, the DRO was denied for the same wrong reasons as before. My prior VSO had filed a C.U.E. previously...and, that was denied. Currently, have no representation. Question?: Do I give up...and, say the VA has won? Is this what the VA wants me to do? Do I have it certified and go to BVA? Do I opt for representation? VSO? VA certified lawyer, etc? Referrals? If I opt for representation...may I pick anyone from anywhere in the states? Also, what's the difference between "1151"and filing a complaint with the OIG? FYI, currently residing outside of the country, permanently. Thanks for the input.
  13. Hello again----- Just more of a question/input than anything, but would love to hear anyone's personal experience if you have dealt with Pittsburgh Appeal process. Try to make this short.... I developed an anxiety disorder while I was on active duty. I didn't apply for it on my initial claim in 2009 cause of the "stigma" (I know, silly on my part) However my generalized anxiety disorder got worse and worse, by this time I was on 3 times a day benzos, FMLA, seeing a psych at the VAMC as well as weekly sessions at the Women's Clinic... I applied for the anxiety claim in 2013, over a year later I was granted 10%. Due to moves and life changes, I put in my NOD (asking for a DRO De novo) I believed that having FMLA (missing more than a day or two of work a week due to panic attacks would constitute a higher rating??) My Appeal has been in since June 2015 (so just at a year...) Has anyone dealt with Pittsburgh in regards to appeals, especially a DRO De Novo? What was your wait time? What was your outcome? Someone told me they were working on 2012 and EARLIER appeals?!!! Thanks again for any input!!!
  14. Please, welcome new VET2VET podcast episode: https://youtu.be/9paX1-FyCaI Today we’re talking about SERVICE CONNECTION. When we talk about service-connecting a medical condition, disease, injury or illness to military service, we are talking about proving the relationship between the two. 1) Direct Service Connection 2) Service Connection by Aggravation 3) Presumptive Service Connection 4) Secondary Service Connection 5) Service Connection due to Injury Caused by Treatment in the VA Healthcare System 6) Special Service Connection Rules for Post-Traumatic Stress Disorder ★ JOIN US IN OUR COMMITMENT TO YOU AND OUR FELLOW VETERANS ★ ▶ facebook.com/VETOVET2 ▶ itunes.apple.com/us/podcast/vet2vet/id1077206523?mt=2 ▶ twitter.com/VETOVET2 ▶ youtube.com/c/VETOVET2 ▶ plus.google.com/u/0/+VETOVET2 ▶ goo.gl/app/playmusic?ibi=com.google.PlayMusic&isi=691797987&ius=googleplaymusic&link=https://play.google.com/music/m/Iiqawbuzg7eviiyqm6xz7kju62m?t%3DVET2VET ▶ feeds.soundcloud.com/users/soundcloud:users:198832065/sounds.rss ▶ soundcloud.com/vet2vet ▶ stitcher.com/s?fid=80842&refid=stpr ★ LIMITED LIABILITY CLAUSE ★ THE INFORMATION AVAILABLE THROUGH THE VET2VET MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VET2VET MAY MAKE IMPROVEMENTS AND/OR CHANGES OF THE CONTENT AT ANY TIME. ADVICE RECEIVED VIA VET2VET SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF VET2VET, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE CONSULTING VET2VET.
  15. I know some of you have had your NOD reviews through WACO, TX. What are your thoughts as I sit here anxiously waiting the DRO hearing officer to finalize his review. I had my hearing on February 26th, 2014 and so far nothing..... Buck, I know you were pretty quick on you getting a response but any others here????
  16. Please, welcome new VET2VET podcast episode: https://youtu.be/sTH3p-WwXn0 The way VA defines The word "permanent" slightly differently. For that matter, the word total doesn't mean total when discussing a disability. These are just terms to VA. There really isn't a protected rating. Any rating can be modified by VA at any time, depending on the circumstances. How do you know if your benefit is P & T? What is IU? What is substantially gainful employment? Are there any other eligibility requirements? How is the way VA decides total disability different from other agencies? TDIU awards may be permanent or they may be temporary. If I get a 100% rating, should I continue fighting the VA for benefits? SMC compensation Can you think of any other scenarios were a Veteran might want to keep filing to VA after they reach a 100% rating? ★ JOIN US IN OUR COMMITMENT TO YOU AND OUR FELLOW VETERANS ★ ▶ facebook.com/veterantoveteran/ ▶ itunes.apple.com/us/podcast/vet2vet/id1077206523?mt=2 ▶ twitter.com/veterantovetera/lists/vet2vet ▶ youtube.com/channel/UCebXFpogeJ9r4EqRyxHriYQ ▶ plus.google.com/u/0/+VETOVET2 ▶ goo.gl/app/playmusic?ibi=com.google.PlayMusic&isi=691797987&ius=googleplaymusic&link=https://play.google.com/music/m/Iiqawbuzg7eviiyqm6xz7kju62m?t%3DVET2VET ▶ feeds.soundcloud.com/users/soundcloud:users:198832065/sounds.rss ▶ soundcloud.com/vet2vet ▶ stitcher.com/s?fid=80842&refid=stpr ★ LIMITED LIABILITY CLAUSE ★ THE INFORMATION AVAILABLE THROUGH THE VET2VET MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VET2VET MAY MAKE IMPROVEMENTS AND/OR CHANGES OF THE CONTENT AT ANY TIME. ADVICE RECEIVED VIA VET2VET SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF VET2VET, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE CONSULTING VET2VET.
  17. Well most here know my situation.....It's now going on two months since I had my DRO review hearing. I talked to my DAV rep today and she said "this rater" takes his time and not to expect anything for at least 90 days if not more. There is a "completion" date in the system of 9/28/16 so it's just the waiting game at this point.... Hope everyone has a great weekend!
  18. When I filed my NOD in 2014, I specifically asked for a DRO review hearing on the NOD VA21-0958 form. I never received anything in the mail. After searching this site in January and the internet I found the following: "After the VA receives a NOD from a veteran, it will prepare the Statement of the Case (SOC) for all issues that were not granted service connection or the maximum rating. The SOC is an explanation of the decision, including a cover letter that gives instructions about the appeal process. Also included in the SOC is a list of the issues being decided in the claim, a summary of evidence, the pertinent laws and VA regulations that relate to the claim, and the decision and reasoning behind each issue. The SOC may include helpful information in order for the veteran to prepare his or her appeal, but the most important thing to remember about the SOC is that the veteran has 60 days from the date of the SOC cover letter to send in VA Form 9, which is the substantive appeal. Failure to respond to the SOC within 60 days by filing VA Form 9 may result in the appeal being closed and the decision becoming final." Fast forward to January 2016 when I inquired about my NOD, I found out that it sat "dormant" and that it "missed a step" in the processing of the NOD. I wound up having my DRO review hearing in February. My questions are: 1. Wasn't I supposed to receive the SOC? 2. Will I receive an SOC regardless of the outcome of my DRO hearing? 3. When I filed out the VA21-0958 one of the questions specifically asks the Veteran to list the service connection and % the Veteran feels warrants the service connection. Obvisously this is what I feel I deserve but is this actually something the DRO reviews and considers? 4. Since I never received the SOC is that any violation of my rights? Thank you
  19. Well most know my DRO hearing was in February and now I am in the decision phase with a due date of 9/28/16. I sure hope they decide it before then!!! But at least I am making progress! I sure hope I get the decision soon!!!
  20. So most know on here my situation. I filed an FDC back in January for several issues to include 100% temporary convalescence for right foot due to left ankle. Right foot is NOT S/C so since my left ankle caused the fracture I put in the FDC. After filing the FDC, my NOD finally processed and I had my DRO review hearing last month. I noticed after receiving my C-file my FDC was "RTR" ready to rate but I assumed that it was going to wait until AFTER my DRO hearing and all those issues were resolved. My NOD included all my feet issues. Ebennies showed Preparation for Decision back in February and so it sat. Well today I checked Ebennies regarding my FDC claim and I notice that the date has now changed to 4/4/16-4/9/16 from an out date of August 2016. I am wondering if this means they are working on both my FDC and my NOD? Wouldn't that be nice???? I know I know I know that Ebennies timeline is UNRELIABLE but I find it interesting it bumped up to next week. Wish me good luck please!!!!
  21. Well yesterday marked one month since my DRO review hearing. I was told that it could be months. So I am prepared to sit this out. I do have a question though, is it true that they have to wait at least 60 days to ensure I do not submit any other evidence? If that is the case, can I let them know by submitting a VA21-4138 stating I have nothing further to submit? My DRO hearing went well and I provided everything at the hearing that I need to provide.
  22. I received a letter dated February 19, 2016 informing me that my NOD had been received. Included with the letter was a generic “Appeal Process Election” form which they want me to fill out and return within 60 days. This seems odd since the new NOD VA FORM 21-0958, which I used, asks that very same question in Part III Sec. 9 entitled: “Appeal Process Election.” My election of Traditional Appellate Review Process was clearly marked. Also, there is a third option on this attached “Appeal Process Election” form which does not appear on the VA FORM 21-0958: “[] I have reconsidered and wish to withdraw my appeal.” This just seems like another crude attempt at getting veterans to abandon their appeals. The letter also included this statement verbatim: “An agent or attorney may also represent you. However, an agent or attorney can charge you only for service performed on or after the date of a final decision by the Board of Veterans’ Appeals.” It has been my understanding that since June 20, 2007, a veteran can be represented by a paid attorney anytime after filing a NOD an initial RO denial. Has my RO gone completely off the rails or is this the way it is done now?
  23. Hello:) Pretty new to this site, but have read some great advice, and support, so I will ask for some input for my appeal. Back story... I filed for anxiety in 2013 (I should've claimed it in my separation exam in 2009-- but didn't want that "stigma"...silly I know) Claim closed in mid 2014. They rated me 10%... Mind you, I had anxiety in service (due to a traumatic event) and was on medication for many years. I filed my NOD in the summer of 2015 ( I know.. it took me a while to file it, but I was going through other family events, either way I got my appeal in within the year mark) When I did my initial C&P with the mental health DR... I had told them I was missing some work due to this, but wasn't on FMLA yet cause I hadn't been at my job for a year, and that was a requirement... Still.. 10% I sent in my NOD requesting a DRO De Novo Review, cause by this time I had been approved FMLA and had already lost over 150 hours of unpaid leave due to panic attacks.... also since then another VA Dr. diagnosed me with a Panic Disorder and other mental health issues, not just the Generalized Anxiety Attacks first stated to me. I know appeals can take forever.... but I submitted all new paperwork, my new exams are in the system, ..... Just hoping that they can see my issue is more than a 10% rating.. it has literally taken over my life. Do you think of what I just typed would at least warrant a 30% eval? It would be great to hear any stories of success, or not such good news on your appeal with similar background.... Thank you all, and God Bless :)
  24. I have a couple of appeals since 2013 that date back to my honorable discharge date 1993. Recently, I sent email to Secretary of VA and had reply. I checked ebenefits and saw some new items. Can you all help with meaning? Left Knee/leg Condition-completed Dro Dor 03/16/16-full Grant Back Condition-completed Dro Dor 03/16/16-full Grant Smc A/a- lou Iliotibial Band Syndrome With Tendonitis (instability) Iliotibial Band Syndrome With Tendonitis Left Knee Radiculopathy Lle L-strain Ddd What do ask theses mean? Especially the "full grant" dro dor complete Thank you all. Currently, I'm 70% PTSD
  25. I have a couple of appeals since 2013 that date back to my honorable discharge date 1993. Recently, I sent email to Secretary of VA and had reply. I checked ebenefits and saw some new items. Can you all help? Left Knee/leg Condition-completed Dro Dor 03/16/16-full Grant Back Condition-completed Dro Dor 03/16/16-full Grant Smc A/a- lou Iliotibial Band Syndrome With Tendonitis (instability) Iliotibial Band Syndrome With Tendonitis Left Knee Radiculopathy Lle L-strain Ddd What do ask theses mean? Especially the "full grant" dro dor complete Thank you all. Currently, I'm 70% PTSD