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20% - Moved the Football Another 10 Yards

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MarkInTexas

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Markin, I don't know how feasible it would be for you to drive to the RO, but this is one time I would do it.  Finding the records of not just one, but TWO other veterans that were quoted as reasons for denying your claims is one of the worst cases of incompetence I've heard yet, I would bring all evidence of course, walk in the Regional Office and ask to see a supervisor about CUES.  That will get someone to talk to you, advise them that you will email Allison Hickey, the VA Undersecretary, heck, you might want to email her anyway.  Its possible they might be able to fix your claims while your there, also point out that your IMO Doctor DID review your records, and stated so in the report.  Considering how bad that will make them look, I would imagine they will want to fix it immediately, especially if you are THERE, it can't hurt.

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I know when I walked into Winston Salem VARO and asked to see the appeals supervisor, after speaking to him I was scheduled for my video teleconference on the spot, it helped that I was there in person because I had to explain to him, the SUPERVISOR, three times that the records I was showing him were my STR's, NOT VA medical treatment records, as he kept looking at the bottom of the pages, at the dates the papers were printed, NOT the actual treatment and diagnosis dates, which were clearly during my active service.  When he finally realized I was explaining that my STRs had been printed out at the VAMC, as I had lost the originals, he turned beet red and picked up the phone and scheduled my BVA video teleconference.  

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Thanks, Flores.  Comparing the two packets, the one on the back condition for some reason had a NOD form in it, and although done by a DRO (no signature or name), it leaves the option for a local NOD.  (Which is strange because it already based on a NOD from my original June, 2010 claim.)

The second one had the good old I-9 with instructions that I had 60 days to file an appeal with the complete form, and that I can still request a hearing prior to shipment to the BVA.

My American Legion VSO is still a little amazed at the whole separation of claims, and agrees that the VA low-balled me on the back condition by 10%.  His response was that they do that all the time on back conditions, and try to keep as many veterans as possible under the 30% and 50% that they can to save funding.  His words were that they probably threw me a bone and hoped I'd walk away.

I like my AL VSO, but they are pretty busy and outside of getting a screenshot of what my claim looks like without calling the 1-800 number and talking to a VA Phone Drone, I don't get a lot out of them.  Not bashing, just how it is in my case.

Flores, I think you are right.  I live about 2 hours away from the Houston VARO, and it would be worth the trip to try to talk to a human being directly.  Wonder if I can just walk in, or need to schedule an appointment.

I'm also thinking of lawyering up.  I have read all the banter about having to give up 20% of the retro, but like somebody on here said one, it's probably worth it in the long run.  Because if you don't do anything, 100% of 0 is still 0.  Anybody have a good experience with any particular firm?

Mark

 

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Markin, I would definitely drive down there and insist on speaking to the supervisor in charge of DROs, then it would probably be a good idea to get a lawyer, however, if they fix your claims while your there, you might not need the lawyer.  You won't need an appointment, when they see the extent of the cluster they made on your claims they will more than likely be tripping over themselves to rectify that situation.  I didn't schedule any appointment myself.  I did eventually hire an attorney, only when I filed the form 9 to BVA, as I figured the attorney would know which particular judges were likely to be fair, not dogging the BVA judges but we've all heard horror stories.  I knew with six years of retro hanging in the balance that my lawyer would want me to have a judge she was familiar with, and it turns out she did.  I also knew an attorney would know far more about certain regs and presumptions of the laws that would work in my favor.  Basically, if it doesn't have to go to BVA, you still have a good chance of winning without needing to resort to hiring a lawyer, but as soon as it becomes evident that you will have to file a formal appeal, lawyering up is the way to go.  I don't believe that BVA will happen in your case once you make them realize the CUES that were made in your claims, at least not for the claims you are working on now.

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Thanks again, Flores!  I'll try to set a up a time to run down to Houston over the next week or so and see if I can get a human being.  Meanwhile, I have ratholed a good chunk of that 5-year retro on the 10% increase for use in the next battle.

I'll check on the Piemonte Law Firm.  Thanks for the suggestion!

I'm tired, but I'm not ready to lay down on this thing yet.

Mark

 

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