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    • http://www.va.gov/vetapp16/Files3/1619696.txt ^^^^ That is my decision letter from the bva judge. On ebenefits it is rated 10% for brugada syndrome WITH AICD IMPLANT now they didnt rate it correctly i filed a notice of disagreement an idk if she sent it to the DRO or to the other option... how long do I have to wait for them to fix their mistake another 4-5 years!?
    • Hello everyone,
      It is VA clothing allowance time again. For those who do not know, some new rules were introduced last year.   http://www.benefits.va.gov/COMPENSATION/claims-special-clothing_allowance.asp Additional information about how to deliver clothing allowance claims may be found here: http://www.prosthetics.va.gov/psas/Clothing_Allowance.asp The PSAS handbooks can be found here: http://www.prosthetics.va.gov/psas/PSAS_Handbooks.asp The current version of the Clothing Allowance handbook (dated May 14, 2015) found here: http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=3112   More restrictive claims This link was posted on Hadit recently, but here it is again with more details
      http://clarksvillenow.com/local/veterans-voice-va-changes-clothing-allowance-eligibility-disability-claims-processing/

        It is important to note that the first part of 6b appears to almost contradict itself. First, they state the treating physician "will re-evaluate", but then they turn around and state that an "annual re-evaluation...is recommended". If the VA denies your request because you did not have an annual re-eval for it, then it might be worth reminding them that the re-eval is recommended, but not required, per the handbook. It is also important to be aware of the "Note:" portion. If the VA asks you to bring in actual damaged clothing, then they are breaking their own rules. They state that "For unusual circumstances...submission of pictures is considered sufficient evidence". I guess this makes sense that it could generate a health hazard if a veteran hauls their damaged dirty laundry and dumps it out at the VAMC's prosthetics desk.     A while back, I found a topic here on Hadit where elcamino_77us posted a PDF VA letter stating off the shelf braces no longer qualify for CA because the manufacturers stated "they do not damage clothing". Others on that topic stated they had to bring in damaged clothing to prove it to the VA. Per the rules (6 b), this should NOT be required. The "do not tend to tear and wear clothing" part is important. From talking with the people at my VAMC prosthetics desk, all of the braces they issued have fabric covering the metal and plastic parts and clothing allowance would not be paid for them. Despite what the VA thinks they know about the braces they give us, I can indeed confirm that my wrist and lumbar braces damaged my clothing due to friction and velcro.
    • Also, before 2003 or 2004 all Mental Health was actually considered Behavioral Health. If you write to you NPRC(mine is St Louis), and you ask for medical records they may not show up, try for Behavioral Health Records.  Good Luck
    • One question--- ( I do not doubt you have PTSD , I just want your claim to be as solid as Buck's was) You stated:  " I admitted to behavioral health hospital and the VA inpatient PTSD program." If you mean the 21 day Inhouse program specifically for PTSD, did someone there apply for Temporary 100% comp for you? Did the VA diagnose you with PTSD in those inhouse records? As I recall my husband's PTSD inhouse records were not with his regular VA medical records. Neither were a battery of Psychologial tests he got when his VA psychologist was changed to a VA Psychiatrist. Someone at the Hospital (this was Buffalo VAMC) filed Temp Comp claims for all of the vets in the same inhouse  program with him.They all had PTSD diagnosis already but one didnt and my husband had 30% PTSD SC at that time. It took a few weeks or more  but they awarded all but one vet  the 100% Temp Comp, less any estabished SC for the 21 day stint. My point is that VA might have diagnosed your PTSD during these hospital stays.Did you get any one month  temp comp check for the PTSD program?
    • To add...I see you had 7 deployments but I did not see any specific nexus statement to your stressor in the DBQ. Maybe I missed it but VA will not accept this diagnosis anyhow. The stressor (s) must be as specific as possible, consistent with your MOS, and with a date as close to you can get so that if JSRRC has to attempt to verify the stressor they will be able to narrow it down. If a veteran does not fall into the 2010 criteria ,then VA will attempt to verify their stressor via Joint Services Records research Center (JSRRC) We have considerable info here on stressors and how to prove them. And what Buddy statements need to cover. Many vets have multiple stressors.You only need one verification of a stressor so best to give the one most easily verified. edited to add... the stressor boxes were checked off on the DBQ but nothing was specifically identified as a stressor from what I could see.You will need to expand on the stressor for the claim.  

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luvHIM

Appeal Status

20 posts in this topic

My question is related to my claim that is in appeal status. I received a call from NSO (who BTW is not local and local chapter usually can't answer questions for me because they "don't know") informing me that my C-file is with the "Appeals Officer." NSO went on to suggest that this is good because "we" are right where we should be at this point. Stated "Appeals Officer" will review the file and has the authority to decide the claim, if I have a case, without the need for a hearing. I've been waiting to be assigned to the list for a travel board hearing. Did not make the list this year but was informed I should be on it for next January 08.

So, my question is: how often does an Appeals Officer or DRO, if the terminology is interchangeable, decide a claim in favor of the veteran without the need for a BVA hearing?

I've searched the hadit.com website in order to avoid a new thread on an old topic. But I was unsuccessful in finding anything that specifically addressed my question. So, if this is a repeat question, in advance, please forgive me. Thanks for your assistance.

Edited by luvHIM

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Personally, I believe a DRO reconsideration or review is a waste of time, and the thing to do is to get the claim out of the VARO. Locally at our VARO, DRO's just cut and paste the original decision and deny it again.

The Board, and then the Court of Veterans Appeals are the best chance for remands, which would then for the most part go to the Appeals Management Center, where we have received more justice.

Of course, if you have the notion to hire an attorney after a claim denial and your notice of disagreement, you may get his/her assistance in trying to persuade the DRO decision to go in your favor. This is an avenue not previously available to veterans, and may make all the difference in the world. In my husband's case, we haven't had that opportunity yet, because all our appeals have pre-existed the new legislation allowing attorney representation after the first NOD.

If you're in a position where you can wait out the process, don't waste time with a DRO. Others may disagree, but I do think that the probability of a successful DRO review differs from VARO to VARO.

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Personally, I believe a DRO reconsideration or review is a waste of time, and the thing to do is to get the claim out of the VARO. Locally at our VARO, DRO's just cut and paste the original decision and deny it again.

The Board, and then the Court of Veterans Appeals are the best chance for remands, which would then for the most part go to the Appeals Management Center, where we have received more justice.

Of course, if you have the notion to hire an attorney after a claim denial and your notice of disagreement, you may get his/her assistance in trying to persuade the DRO decision to go in your favor. This is an avenue not previously available to veterans, and may make all the difference in the world. In my husband's case, we haven't had that opportunity yet, because all our appeals have pre-existed the new legislation allowing attorney representation after the first NOD.

If you're in a position where you can wait out the process, don't waste time with a DRO. Others may disagree, but I do think that the probability of a successful DRO review differs from VARO to VARO.

I appreciate your response. The call from my NSO and what he had to say raised an eyebrow because I filed a Form 9 in November 2005. I have already been assigned a docket number and have been waiting to be placed on the list to go before the traveling BVA. I have already been through the whole VARO reconsideration/DRO process. I really am not sure what he (NSO) is talking about. I did check an area on this site that suggested that the Appeals Team has people in place to review a Claim before it goes to the BVA. It stated that a decision can be made on the Claim in appeal status eliminating the need for a veteran to appear before the BVA, if the claim is ajudicated favorably and the veteran is awarded his/her benefits. It is all becoming a little too much to absorb. But I do thank you for responding.

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Whatever they want to call it, if it's happening at the VARO that originally denied the claim, you're wasting your time in my opinion. Do you have an attorney?

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My question is related to my claim that is in appeal status. I received a call from NSO (who BTW is not local and local chapter usually can't answer questions for me because they "don't know") informing me that my C-file is with the "Appeals Officer." NSO went on to suggest that this is good because "we" are right where we should be at this point. Stated "Appeals Officer" will review the file and has the authority to decide the claim, if I have a case, without the need for a hearing. I've been waiting to be assigned to the list for a travel board hearing. Did not make the list this year but was informed I should be on it for next January 08.

So, my question is: how often does an Appeals Officer or DRO, if the terminology is interchangeable, decide a claim in favor of the veteran without the need for a BVA hearing?

I've searched the hadit.com website in order to avoid a new thread on an old topic. But I was unsuccessful in finding anything that specifically addressed my question. So, if this is a repeat question, in advance, please forgive me. Thanks for your assistance.

I had a FLASHBACK while reading your question. If you reply please explain what the Heck does "BTW" mean. At any rate, I find it hard to believe that you are waiting on the Traveling Board, has no one told you about Video Conferencing? The Board is in Washingon and you are where you are. Your NSO never told you about this Option.??? Be that as it may,the Appeals Team/DRO, are indeed one in the same. Take a Fool's Advice, if you are not Satisfied with the Decision of the DRO, continue with your Issue on Appeal.

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"So, my question is: how often does an Appeals Officer or DRO, if the terminology is interchangeable, decide a claim in favor of the veteran without the need for a BVA hearing?"

More often than we think---

and we have no way to get publiv records of how many claims are awarded at RO level and often due to DRO review-

But it boils down to one single thing-

medical evidence (and making sure the VA considers that evidence)

I have a local vet claim here-

the RO listed 8 pieces of evidence.

They refered to the C & P results and one other document he sent-

within what they listed but did NOT consider -in the narrative- is the key evidence that should have awarded his claim.

When I got a so called de novo DRO review (verbatim copy and paste job)

I raised such a ruckus I got an immediate conference between my rep in Buffalo and the DRO.

He (the rep) claims he presnted my IMos and or evidence and highlighted it all to the DRO.He said he was sure he could get an award from the DRO with the evidence I had.

The resulting SSOC states none of his rendition even happened at all- and then my IMOs were missing.

Most claimants however, getting a DRO conference and have a POA in their behalf-will make out better than I did- in over 4 years the VA has still failed -in any SSOC etc -to acknowledge and address my IMOs-

however they are doing that now-

I posted the DRO job description here many times-

I say hold them to it and NEVER accept a copy and paste "de Novo Review".

And contact the Director and/or the VSM and formally complain about a sameo sameo review-

I dont really understand the status of the claim here -Luvhim-

you are docketed at the BVA yet apparently the VA is still considering some evidence you sent since the BVA transfer?

"I did check an area on this site that suggested that the Appeals Team has people in place to review a Claim before it goes to the BVA. It stated that a decision can be made on the Claim in appeal status eliminating the need for a veteran to appear before the BVA, if the claim is ajudicated favorably and the veteran is awarded his/her benefits."

True- but the VA -when a vet responds to an SSOC -used to consider the response and any further evidence-

these days they seem to ignore SSOC responses and tell the claimant -after BVA transfer-to send any addditional evidence directly to the BVA and not the RO-adding more problems to the backlog and getting out of RO responsibility-I dont remember any reg change that said this is supposed to happen these days.

I say send it to both places-and I highly recommend getting a decision at the RO level- if you can- because you might sit on a docket for 1-2 years and then only find out the BVA is remanding the whole thing back to the same VARO due to errors they made in the first place.

SOmeone caught an error in the 6 months they passed my claim from deck to desk in early 2006-

They sent it to the BVA and I got it right back-

due to legal errors but the VA filed a Motion at BVA for something else I had there-they asked for reconsideration.

Then the VA said they themselves would raise a CUE issue -a CUE they made- on another claim I have pending-

So my point is- and unfortunately I have always have to get tough with them-

they DO start to READ it all and the RO can make a favorable decision-after docketing at the BVA.If the vet and the rep aggressively prosecutes the claim-

One of my last two claims was docketed at the BVA in 1996 but I won this claim at the RO months later.DAV asked me to withdraw the appeal due to the award and of course I did that.

I was reading the VBM yesterday and NVLSP highly recommends that any agent, advocate, representative or attorney who represents a vet must aggressively prosecute to claim-

it doesn't mean to get angry and scream in their face- it means to

confidently state the claimant's position and evidence in a strong way- that leaves

the RO with no way out if they attempt to deny on a faulty basis.

And if a rep says they will rep you with a DRO and do this and that and then they dont- you can file a complaint with the General Counsel if their negligence has hindered your claim.

Isnt the video conferencing information on the I-9? I thought it was.

Edited by Berta

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