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    • Question about NOD wait time after applying.
      I filed my NOD November 2014 and I inquired through IRIS and Under Secretary for Benefits in January 2016.  I got a hearing February 2016 with WACO.  I had the DRO hearing and I think it went well BUT now I am awaiting the decision for over 3 months. WACO is about 12-24 months for a DRO hearing. Did you request a DRO hearing in your NOD?
    • PTSD-MST Treatment(s)
      Yes - please utilize the above link- I had to write the statement for the Parole Board to assist in denying the parole for this inmate.  I made a lot of mistakes with my claim but self education has been essential and being proactive. God Bless.
    • PTSD-MST Treatment(s)
      mkah - check out this article  How to Write a Stressor Statement for a PTSD Claim for Veterans Disability Compensation
    • PTSD-MST Treatment(s)
      Thank you for those kind words.   Do you think I should fill out a victim impact statement and upload it to my claim?  Or was this a state document fir the rape? If so, where would I get one electronically?   Thank you again, I still have four more weeks of Prolonged Exposure therapy.   Mark
    • PTSD-MST Treatment(s)
      Hi - I would like to add to this discussion without telling my 'torrid" story again - see above - Hope this is ok:  I got a call from the DRO examiner Houston TX -5/25/16  filed an NOD 4/2014 for an increase from 50%-70% since i did not add a Victim Impact Statement to my original claim in 2010 - I had to go through the PTSD program before I was able to write it.  This Victim Impact Statement got the inmate a 5 year denial as stated above, so he will not have another hearing until 2018 - that is the parole I am attempting to block - Permanently ( looking good should be completed by December 2016) I am stating all this to let you know the DRO called me and said"I have been thinking of you all day long, ever since I read your horrific claims file and your assault."  I was astonished as she related some of the detail I personally wanted notice and she acknowledged them- Validation in a sense.  I did get the increase to 70% PTSD ( Dr Vallett's IMO) and the Pending Depression at 30 % Panic D/O 30% =VA  90% and to my surprize she added the IU , since I had not worked in 3 years- The Depression and Panic were secondary to PTSD - I had filed a month or so later, so this along with the IU are still pending but since the DRO initiated this I am more positive it will go faster. ( DRO took 370 days -)     I retired from the Navy Reserves- 22 years and from Occupational Therapy after 20 due to an injury.  SSDI X 3 years -  This is not in any way a bravado type story, but I am grateful that my validation for my rape and attempted murder and ongoing harassment has finally been recognized. - Cathartic in a sense   as .... Buck52/ Broncovet / Berta/T-Bird say - Never  give up!   
    • I DON'T UNDERSTAND THIS NEED HELP !!!
      I'm in the process myself for claiming PTSD (MST) - You need to file a 21-0781a form with all the details you can recall, even if it hurts or is infuriating, there's all sorts of calming techniques that may help you concentrate to put all this down on paper. If you are seeing a Social Worker for PTSD, then you should be able to include that info, as well as any other evidence you can muster.
    • New guy here!
      Alright, so now, it is Memorial Day, I've got to break this habit of daily e-bennies check, strangely enough, today was the day that the status had changed to "Requested Documents are Past Due." I am just assuming that this is the C&P from QTC a little over two weeks ago...I should follow up with and give them a call (QTC) right? 482 Days since I submitted an ITF, and 326 days since my claims have been received. I know that I'm probably/possibly not done with C&P exams at this point either, especially since the evidence on hand for the issues I'm claiming for SC aren't descriptive like the Encyclopedia Britannica Of which, are only buddy statements. *tap* *tap* *tap*....at least it's being taken care of now instead of 20+ years down the road (for this initial process anyways) Oh, and to anyone who didn't know, this is not my first filing. I went through the IPEB/IDES/MEB while on AD. Naive as I had been, it was still wrong for those people who were assigned to help and guide a young buck through a portal to hell like they did, and probably still do to this day. I'm curious now though, to any information regarding persons who have also been through CL's MEB and found themselves backtracking claims to collect errors or input overlooked claims/injuries.
    • Miss Figured EED?
      Note: some of these dates maybe off..I need my C-file to compare the EED. And how they gave the EED. From what date did they start it is my main question. if they said they started it from 1998  that is CUE  because I know they didn't.....the first time this disability arose is when I had emergency surgery from the VAMC for Appendix surgery.I was sent to..the Audiology & Doc did a hearing test on me  and that was back in the 80's He stated my hearing was bad enough to receive Compensation and hearing aids...but I was working and never consider filing a claim until it got worse  in 1997..1998 is when I first filed for  the noise indused hearing loss...and tinnitus.....the tinnitus shows to be awarded a year before the hearing loss...which is all untrue  they awarded the tinnitus when I won the DRO Hearing.2002/and awarded the IU IN 2003..if they have all these records  the records will show I am right..if they don't have these records in my C-file  something is up with that...its not that much retro for them to be shredding these records if that's the case? I remember Flip mention they cheated me out of years of retro  on the 50% as well as the IU BEING PAID AT THE 100% Rate. But these dates I put up here is just my recollection from my memory and they could be off   so I need my C-file to do anything  if the VA is correct on the dates and I have no evidence to raise a fuss..Then yeah I will not file a Claim or reopen to fix this  EED I am Contesting since I seen that 1998 start date for the 50% on my 70% PTSD Award letter this year. I do have an ITF open started  back in Jan of this year. If i get my C-file and these records can prove my evidence is right and VA Cue...I will submit the INT...so hope I GET MY c-file in time.?? So hopefully by the time I get my C-file  I hope Asknod is crediting with his Aurthrozition/Certified to help Veterans.   ..............Buck
    • Miss Figured EED?
      forgot to suggest...you can ask them for an Audit. Then again they make a lot of audit errors. I got an audit after Regional Counsel Cued them on a claim I had that they refused to apply the proper regs to. In the audit however, it revealed that although they had to pay me 28 thousand, they forgot somehow an  additional 11 thousand too.  I sent them my handwritten calculations and they fixed that error very fast. They didn't want the Regional Counsel calling another CUE on them. Audits are deceiving because they look like the were done right. I have personally experienced however that VA does not know how to add,subtract, multiply ,or divide, in addition to being unable to read.
    • Miss Figured EED?
      Ms Berta the Veteran is me  and this was for my Military as Noise Ind used Hearing loss  and it has got so profound  it keeps me from doing my job I was trained to do after 25 years or so. I believe you and Flip help me with this claim back then here on Hadit...Flip and I corresponded by email back then and he talk with my spouse on the phone. Flip was the one that mention they messed up big time on the EED...ABOUT 18.000.00 Worth...but I was so happy I won the claim I forgot to submit the NOD...as Flip was upset pretty good that I choose a DAV SO to go with me to my DRO Hearing...if I had known now what I didn't know back then  things would be a lot different. Flip is enjoying his life now and got off Hadit...I hate to ask him for his help...I have my C-file on order...This has nothing to do with my recent PTSD Claim. altho they did give me SMC S1  H,B. and  rating at 100% I can't do anything until I get my C-FILE  and even then some of my records of this  may  may not not be  be there...since they took off that 1998 50% rating on myhealthvet.   .............Buck

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michael37

Odds Of Success

22 posts in this topic

I put the following in another post but think it is notable enough to have it show on its own. It is very lengthy but if you sift through it you will get an idea what your odds are by VARO and also between DRO and traditional appeal.

http://www.gao.gov/assets/590/585481.html

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Thanks for sharing. So , DRO reviews take longer than BVA with not much better timeliness or results. jim

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That was my feeling, Jim. I know that others will disagree.

I was haunted by the words someone said to me early on. "At BVA they have lawyers that can read...."

But it is all a crap shoot. At the right VARO and with the right DRO, you win.....

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It really depends on where you live. The Size of the Regional offices and number of employees vs the number of claims is also a big factor.

If a veteran lives in areas like Florida then SP Pete is a very busy place so expect longer waits.

If you live in Huntington WV Ro jurisdiction then the process should be faster.

This is what I have seen over the years.

if you are in Indy or houston, I feel sorry for you.

J

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I NEED HELP WITH MY BVA APPEAL ON ALL MY CLAIM THEY HAVE TURN ME DOWN I HAVE BEEN FILING SENCE 2005 I FILE FOR SSA AT THE SAME TIME I FILE FOR VA DISABILLITY BUT I ? RECIEVED SSDI DISABILLITY IN DEC 21 2006 FOR THE SAME THING I FILE FOR WITH VA THEY HAVE TURN ME DOWN AGAIN NOW I NEED TO FILE BVA APPEAL

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I NEED HELP WITH MY BVA APPEAL ON ALL MY CLAIM THEY HAVE TURN ME DOWN I HAVE BEEN FILING SENCE 2005 I FILE FOR SSA AT THE SAME TIME I FILE FOR VA DISABILLITY BUT I ? RECIEVED SSDI DISABILLITY IN DEC 21 2006 FOR THE SAME THING I FILE FOR WITH VA THEY HAVE TURN ME DOWN AGAIN NOW I NEED TO FILE BVA APPEAL

Welcome.

Please start your info and questions as a new topic in the forum it relates to.

Thanks

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Thanks for sharing. So , DRO reviews take longer than BVA with not much better timeliness or results. jim

I do not agree with the above.

1st off, there HAS to be some sort of DRO review prior to even getting

the claim issue/s under BVA's jurisdiction - even iid it's just through certification.

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I got an increase from 30% to 70% via DRO. I then got TDIU via DRO. Both these DRO hearings/reviews took me about a year. Much faster than usual BVA. I think getting your claim approved at the lowest possible level is best. The higher up the food chain you go the longer these things take. I have been almost 7 years on my CUE which I believe could have been granted at the VARO where it happened. Now I sit at the CAVC for the second time. Two BVA decisions both wrong headed.

John

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For what it is worth, my three times at BVA were months. The last being 5 and 2, respectively. In fairness, my claim had been to CAVC and back for the last two. Alternatively, BVA remanded again in August of 2010 and my VARO sat on it until of February of this year. BVA granted within 8 weeks of receipt.

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Would going the DRO route be better in my case? They denied my claim stating they needed proof my injury( problems with wrist that was fractured in RVN ) was incurred in service. This was after a c&p 2 months after I was discharged. I was a mess after I got back, I didn't know what to do, and obviously my SO didn't either. So her I am, rated 10% for my wrist, And feel they owe me retro back to 1/9/1970. Thank all of you for your service. NEVER GIVE UP!!!!

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You have to go with your heart on this. So many of us have differing opinions...

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Logic dictates that if you have no new evidence to submit, asking for a DRO Review instead of proceeding to the BVA is pointless. Asking someone to re-review the same thing and decide differently is loosely the definition of insanity. Why would you expect a different result? On the other hand, if VA has made an error based on a misinterpretation of the statute or regulation, this would be advisable.Simply asking for a do over at the RO is pointless absent anything new to rebut the old decision.

As for the BVA having legal training, this applies to the aforementioned possibility of an error and their ability to see it. VARO personnel are remarkably dense and depend far too much on what the magic M-21 8 ball spits out. The VLJ at the BVA has a coterie of about 10-12 staff attorneys who research the decision (sometimes) and come to a different conclusion(occasionally).

Lastly, a DRO review will take a year from denial if not more. An appeal to the BVA will cause the claim to sit awaiting certification for a year at the RO before transmittal to DC. In VAspeak, that's an in-basket problem. There's no room to put the claim in DC so it sits at your RO waiting its turn to go to appeal. I prefer moving forward all the time. Going to DC is preferable to waiting for a new denial with no new evidence. If you have the resources, you can file the appeal and still pursue new evidence while you wait. You may submit it up to 60 days prior to the BVA decision without fear of a remand to reconsider it if you have signed the waiver of RO review.

Every case is different. Ask for advice. Never stand pat.

Edited by asknod

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This has been my history Asknod. I won at BVA for the reasons you state

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New evidence can be an IMO/IME, buddy statement, or any new evidence the VA might have. I did use new evidence with DRO Hearings, but not always. I won almost every time. I waited about 9 months to a year each time. I don't think the BVA is that wonderful. I lost there twice recently.

John

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Remember this , too. The BVA say they have done away with the Extraordinary Awards Program.(EAP) after it was declared illegal. Nevertheless, they have an unwritten rule that they aren't going to part with large settlements without testing your mettle and desire to fight for it. Thinking foolishly that this might induce them to grant my EED back to 1994, I went the DRO route after my win in 2008. A year later, even with 8 1/2 X 11 glossies and a power point presentation, the RO refused to budge. It would have been a Fenderson culminating in about 60% from 94. They fought me tooth and nail on every contention to the point of having three different arguments for why they did what they did in 94. Finally, at the Court, they changed their argument. Sometimes you are not going to roll these guys at the RO level no matter how good your argument. There are many from the Miss Peggy Pink Site who contend that VA follows the Grant when you can. Deny if you must. theory. I don't buy it. Once they make up their mind to deny, it becomes their mantra. I won an increase from 10% to 40% for Porphyria Cutanea Tarda for phlebotomies on a DRO but they still denied the 94 date. They were wrong and they knew it but they stood their ground. I like the philosophy of "on any given day, at the right RO, in the best of circumstances, you can win it." It all depends on the luck of the draw that you get a DRO with intelligence. Is there such an item at the RO? That's debatable.

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I can say for a certainty I am sympatico with Asknod. That was my personal experience, also.

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Fenderson, as ASKNOD refers to, is discussed on page 113 of his great book, “Vetarans Administration Claims : What You Need to Know to be Successful”

Fenderson is established VA Case law , and the “Fenderson” rating is using the principle of staged ratings for a disability that has increased in it's disabling affects, over the claimant's claims lifetime.

I mean ,you filed an initial claim in 2006 and it wasn't decided until 2010 and the VA possibly failed to consider all evidence of record that showed the disability ,at one level when you filed it, has reached a higher level, during the long claims process itself. The C & P results they used might have well been outdated by the time the claim was rated .

Fenderson v. West, 12 Vet. App. 119, 125-26 (1999)

Here is an example of what ASKNOD is educating us all on:

In Part:

“Disability evaluations are determined by the application of a schedule of ratings which is based, as far as can practically be determined, on the average impairment of earning capacity. 38 U.S.C.A. § 1155; 38 C.F.R. § 4.1. Each service-connected disability is rated on the basis of specific criteria identified by Diagnostic Codes. 38 C.F.R. § 4.27. When rating the Veteran's service-connected disability, the entire medical history must be borne in mind. Schafrath v. Derwinski, 1 Vet. App. 589 (1991). The Court has held that a claimant may experience multiple distinct degrees of disability that might result in different levels of compensation from the time the increased rating claim was filed until a final decision is made. Hart v. Mansfield, 21 Vet. App. 505 (2007). Separate compensable evaluations may be assigned for separate periods of time if such distinct periods are shown by the competent evidence of record during the appeal, a practice known as "staged" ratings. See Fenderson v. West, 12 Vet. App. 119, 126 (1999).”

and :

ORDER

Entitlement to higher ratings for a cervical spine disability and a scar as well as a separate rating for a scar is denied.

Entitlement to a separate rating of 10 percent for radiculopathy of the right arm is granted.

Entitlement to a rating in excess of 10 percent for a left ankle disability is denied from August 1, 2007, to October 22, 2008.

Entitlement to a 20 percent rating for a left ankle disability is granted effective from October 23, 2008.

Entitlement to a rating in excess of 10 percent for a right wrist disability is denied.

Entitlement to a rating in excess of 10 percent for a left ulnar nerve laceration as well as separate rating for his scar is denied.

____________________________________________

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp12/Files1/1202993.txt

This is a long read but shows how Fenderson was applied as to the Left ankle disability in Part 2 of the BVA's analysis of that disability.

(BTW this case holds some delicious VA case law references.)

Maybe this case is less confusing:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp11/Files1/1100625.txt

In Part:

“These findings have been consistent throughout the relevant period. Fenderson, supra. “

Thus:

“ORDER

Entitlement to an initial evaluation of 30 percent, but no greater, is granted for traumatic positional vertigo, subject to the laws and regulations governing the award of monetary benefits.

Effective the day following the Veteran's discharge, entitlement to an initial 10 percent, but no greater, evaluation for left wrist strain with history of scapholunate is granted, subject to the laws and regulations governing the award of monetary benefits.

Entitlement to an initial evaluation of 10 percent, but no greater, is warranted for left knee patellofemoral syndrome, subject to the laws and regulations governing the award of monetary benefits. “

ASKNOD ,please correct me here if I messed up the interpretation of a Fenderson Rating.

You gave us great info here as always!

Edited by Berta

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Vets confuse one thing on Fenderson regularly. Joe had initial claim(s) that he won, not claims for increase.Therein lies the difference. The varicose veins were not appealed properly on his Form 9 so he had to start over on that. When you file a claim for compensation and win, your disease or injury will invariably worsen over time. Given VA's proclivity to dawdle and take forever to adjudicate them, things go south in the interim. Thus, the ingrown toenail you had at separation proceeded to get worse as you waited for the rating. When issued, it was already outdated and required an upgrade to the next higher % due to toenailopathy. If you are denied and appeal to the BVA, chances are after three years it will again deteriorate. If denied yet again, you may end up at the Big House on Indiana Ave. NW with an amputated toe still awaiting an increase from 10% to 20% even though you now are eligible for 40% and SMC K.

If you file for an increase on an existing rating, you can only get a retro rating up to a year prior to your filing-but only if you can support it with medical records. This retroactive stricture does not exist in an original claim. Fenderson ratings become cash cows where VA screwed up a claim and let it lie fallow like mine for 13 years (now 19). CUE claims are another big source of Fendersons as well. VASEC tried mightily in 2004(?) to throw out a Fenderson on an old CUE saying Joe's jurisprudence was not in existence when the CUE occurred. The Feds disagreed and he got his big ticket. I forget the case but it was a daisy and set the precedence for Fenderson's application in CUE claims predating his case.

Fenderson is only applicable during that golden first year following your win. If you do not file a NOD disagreeing with your award, it is assumed they got it right and you agreed with them. You cannot return several years later and say they screwed up. Oddly, a Fenderson can go on and on for a long time. I see one on my horizon. Next month, when OGC agrees to my 1994 date at ?% on DC 7345 (the old hepatitis rating) I can medically prove that I am entitled to 20%. VA will try to lowball with 10 or 0. That will be the beginning. It will go on until they grant the 20%. At some point between 1994 and 2000, I became more ill. My earnings went down dramatically. I didn't spend a lot of time at the doctor's office and the records do not conclusively prove it. Your SSI records are very valuable if your medical evidence is scarce. Since VA granted 100% in 2007, I will need to come up with something to prove that I am entitled to more than the initial 20% as I progress to the 100%. I will lean heavily on the SSI to prove it. My serious medical records proof begins in late 2006. It will be a prolonged Fenderson because each cave in by VA that is less than what I want or deserve will entail a new NOD with their rating decision. This will start the appellate process all over again. To throw in a monkey wrench, the rating code changed in July 2001 when they inaugurated DC 7354 for HCV. The criteria is subtly different from the old (DC 7345) to the new and may create a contretemps where they have to jump up to 40-60%. They cannot go backwards as it is forbidden.What's more, it is also prohibited because by then I'll have a substantially protected rating older than 5 years with no change for the better. By the time Bob puts paid to this, it'll be over 20 years old. He can finally have his mid-life crisis a little late and get that new Corvette he's been dreaming of since his last divorce.

If you think my case is extreme, consider one of a gal I helped to improve her win on a CUE all the way back to 1979. http://asknod.wordpress.com/2012/08/25/cue-a-rare-error/. She started by researching at my site and asking questions way back when. When she won, she was stunned and came to me worried. They tried to pawn off a 0% on her! VA begrudgingly granted a 10% to the present day (2007 filing) and then started taking it back for monies paid at separation. She is busy a) filing the NOD and b) collating a wealth of private medical records she's been collecting to buttress a well-orchestrated Fenderson to the present. She may be on her deathbed before she reaches fruition with these yokels. It will definitely be the Fenderson to end all Fendersons when she's done. Or....? VA may cave in (which I doubt). I referred the lady to our mutual Michigan friend LawBob Squarepants as I suspect she needs his able talents to prevent VA from rolling her like a drunken sailor. She had no idea Joe Fenderson even existed let alone his importance to her in the scheme of VA law.

To understand Fenderson, you have to go back to AB v. Brown (95?) where they held that a Vet seeks the highest rating possible when he files. Anything less would be uncivilized. VA will make no effort to ascertain if you deserve more and often ignores the evidence before them to grasp at a lower rating. But Vets know that part, right? Check this one out:http://asknod.wordpress.com/2011/09/27/cavc-fenderson-v-west-1999-staged-ratings/

I love this subject. What could be more fun that bearding the lion in his own den? Why, a Fenderson so you can do it repeatedly for years and years. It also proves God comprhends judicial humor.

More anon.

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If you are claiming 20-30 of retro nobody at the VA is going to want to grant that claim. I look at Cushman and I see where he won in federal court but still has not collected his money. He has been trying for many years and as soon as the claim is back in the VA system it stalls.

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Worse. I'm claiming 20%@DC 7345, 40% @ DC 7704 and 10 @ DC 6260. They refused since 4/2009 DRO, BVA denied 5/2012. OGC just asked for Motion to Dismiss and a pow wow 3/04. They have until 4/03 to act. If they balk, we go in the front door and ask for a reversal. PFB (praying for Bartley)

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Good eve, like to help my fellow comrades. I have well over a decade on this journey. This is long but read on, it just may help you. If you persevere, your odds definitely go up, at least that is my experience. What I can tell you is while we all think we are each "unique" and have a "special" situation, that is both true and false. The fact is that we are indeed all unique, have individual service and circumstances and disabilities, but the fact is also that we are all in this unfortunate situation proves we are just numbers to many sifting through paperwork. But cheer up, there is One who has overcome, and so shall we also! In short I separated for the second time, June 30, 2002. I thought I was doing everything "the right way" starting with trying a new "streamlined" pilot program to help veterans separating by beginning the paperwork 30 days prior to departing the service. What an abysmal failure that was! I lived in Vancouver, WA and checked with local VA in Portland, OR who told me due to living across river in Vancouver, could not file in Portland, even though that is where I was stationed, that I had to file in Seattle. Called Ft. Lewis and got info on new program. Drove up there and signed in. First thing they said was, "what the he#$ are you doing here? You can't file here, have to do it in Portland!" It went downhill badly from there. It turned out to be such a debacle I waited a couple months till I moved to Los Angeles for a new job and to apply at the VA there where I would be living. I did not think the problem could get worse, but the VARO in LA managed to debunk my theory, just like the VARO in state where I now am managed to trump those in LA with even more grief! So far so bad. Long story short, used American Legion to represent me in LA (big mistake). (I am member of DAV, AL and VFW and am not casting stones, just stating the facts).

I quickly fired my AL rep who sat on my case and worked my own case with better results, going from 0% to 20% and later to 30%. Back then, attorneys could only represent you once you reached a certain level, at the NOD level I believe. In any case, I sent out feelers on the web for a half dozen attorneys, got a few replies and narrowed it to one, and I am thankful I did, that being with ABS Legal Advocates out of Lawrence, KS. The firm quickly took my already good record keeping and began dilligently and accurately documenting my case, keeping me informed along the way, etc. with no $ in hand just a 20% percentage of any award. It was by no means a quick or easy journey, and some times I was not sure if I was more frustrated at the VA, my attorney, myself, or just the system because it was taking so long, too long, in my opinion. The firm was patient with me even when I demanded more than my share of their patience. On more than one occasion the firm went to bat for me when the VA tried to throw me under the bus, saying I had missed a certain deadline, which was not true of course. However, if not for their meticulous record keeping I might have gotten hosed.

The net result was that though the first years were very slow, from 2002-2006, I was upgraded I believe to like 50% or 60% around 2006, and I was compensated retroactively, thankfully, though %/amount that is still in dispute due to various errors on dates and conditions. I appealed my claim to the BVA and eventually went to the USCAVC and back twice and have two cases named in my honor. I am now at 80% compensable, lot more than 30% I was prior. The first case took about 18 months to resolve dated from 2007 and the second around 29 months dated from 2009, and the second case was sent from the BVA back to the Regional Office where it has languished since June 2012. The irony is that that the Judge told the VARO in his written opinion to expeditiously adjudicate my case and basically put me in cue where I should be, in other words, help resolve it in fair order and request C & P exams. At first I thought, wow that is great, help, finally. Do you think VARO listened? NO! I waited patiently 6 months for a call or letter for exams the Judge prescribed to be done, and did not hassle them at VARO at all, then finally in frustration, contacted my Senator and requested help. Remarkably, within weeks after that I was called by the local VA hospital for C & P exams and thankfully that part is all over now. That has been about 6 weeks and my claim is back to being a "cold case" file and here it is almost another year gone by. You would think they would want to get my case resolved after all these years? Again, I think I am unique and it should all happen on my calendar, but it does not work like that, no not at all.

My best advice is, DO get help (attorney), DO be patient, DO NOT get in a hurry, resist the temptation to "do it on your own". This is not a DIY project, trust me, I now know! If you DIY it will take over your life, your time, and almost consume you, like it almost did for me. Having an attorney deal with it was liberating once I turned it all over to her. However, don't blow off your claim and miss any time before filing. Easy for me to say I know, but I have been there, done that, have the T shirt. The biggest mistake is appropriately naming the conditions I filed for which in retrospect I did not due but that is where the AL definitely did not assist me well. Use the Diagnostic Codes, which any attorney should know. I was unaware of this, thankfully this wonderful web site points this out. Don't list, I have back pain, or I have a headache, or my hand is swollen, or I feel stressed out, the VARO will just say sorry about that, pal, sucks to be you, but no eligibility for disability rating because you did not list the code correctly! You need to use those codes. That caused substantial delays because I had no idea that codes existed, was how the VA operated, etc. which again underscores why you really need an attorney. It is changing now, it seems, that the VA is trying to actually assist the veteran with his or her claim, at least I think so, but again my vote is for legal counsel. I hope this has been helpful to you, and remember like Winston Churchill said, "Never, ever, ever give up!" or something similar.

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A Very articulate post!

Yes the lawyers should know the diagnostic codes but many of us claimants do not use them during the claims process, and hope that VA gives the proper codes on the rating sheets.

I sure agree with what you said about being too 'generic'...'I have back pain, headaches,' etc etc... because every disability has a criteria in the VA Schedule of Ratings here at hadit, and a claim must be shaped with a proper diagnosis and then fall into the ratings with medical evidence.

I have seen claims for Gulf War Illness or Syndrome denied ,at the BVA because the veteran thought these were ratable disabilities when,in fact, there is a specific criteria for what the VA will rate under the Gulf War regulations, and the veteran failed to properly describe what their disabilities are.

It sure pays to read the Diagnositc codes carefully however on a rating sheet because if they use the wrong code, they probably apied the wrong rating schedule and that error could cost a veteran compensation.

What a run around you have had....MANY here can relate to that.

The system,in my opinion, is getting worse, not better. VA is under the giun due to the media and the H & VAC hearings on the backlog.

In an effort to get caught up with claims, the VA is making mistakes.Probably more then ever.

Claimants have to follow the vCAA letter to the "T" and m,ake sure they respond in time with the VCAA response form.

EVen if they say the VA should go ahead and rate their claim, as they have no more evidence ( and they need to add an evidence list to the Response form as [roof of what they have sent and what VA should have) they can still send in more evidence at all time prior to the decision, and make sure they keep proof of mailing everything they send to the VA.

I did have a "unique" claim in 2003. I know many vet lawyers since I am an advocate and none of them, nor any searching I did, revealed anything similiar to my claim.

It was unique becauise VA already had granted me DIC under Section 1151 in 1998. due to my successful FTCA case. I discovered in 2003 that my dead husband had an AO disability that VA had malpracticed on ,which also contributed to his death.

Writing that claim took me 2 weeks of editing because I could not claim under 1151 again, and had to word it carefully, suggesting more malpractice and enclosing the proof.

In 2009 after getting 3 IMOs that concurred with my lay medical findings, the BVA awarded the claim.

My case was so unusual that the VA didnt want to refund an FTCA offset to my DIC that they had withheld for many years. I have never seen an FTCA offset refunded in 20 years of studying VA case law.

BUT the circumstances warranted the refund and I got it.

I had trumped a wrongful death award with an award of direct SC death due to AO for my dead husband.

I think many here get tired of reading my story on this specific claim I had (I have been a successful claimant for over 15 years)

But it does show that we MUST be proactive and NEVER give up and when we know we need an IMO doctor and/or a vet's lawyer, we must do all we can to get their help, as it is often the only way a claimant, these days, can succeed.

I have letters here over the years from my VARO that are just unconscionable.Some are laughable.

They tried to make up regulations,for two of my claims, and totally ignored other established VA case law regulations in my other situations.

At this point I like their War of the Words. ..and don't mind playing their games.... but the fact remains, and I repeat this again, VA is not the enemy of veterans....Time is...... and the VA knows it.

" It is changing now, it seems, that the VA is trying to actually assist the veteran with his or her claim," .... I disagree.Maye in some cases, but the VA has overwhelmed itself with decisions that have caused numerous BVA remands for a total Re Do of what VA didnt do right in the first place...and the VA claims system was totally unprepared for returning OIF/OEF veterans.

Although they have hired additional raters and trained them, lets face it, it takes YEARS to get up to speed on proper claims adjudication.

38 CFR changes from time to time as well as any other facets of VA case law.

The lawyers are hopefully always up to speed.

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