DRO hearing transcript-wager a guess

[Swarthy]

Im guessing the latter.

A grant to January 2010.

My hope is that it would go back to 2003 when I filed after a VA diagnosis of 'Anxiety R/T military experience' <br /><br />
But that was not put on the table by the DRO. ...he'll leave that to a VLJ..<br /><br />
The way I see it is that the letter of the law allows for a  "Yay" and a "No Way".<br /><br />
The spirit of the law nudges it to a "Yay", and with a January 2010 effective date, there won't be a need to CUE the previous RO descision in 2008 and their inflexibility of my Substantive appeal "you had until March 6th...We received it on April 4th."

[Buck52]

If this veteran kept his Appeals TIME-LINE  going then he should be safe on the EED.

[Berta]

The DAV rep was trained in that like I was.Or he can go to the BVA web site or search here andf find out how to do it.

I found 3 possible BVA cases that might be his..... but don't have the time to read them yet....

It is easier to find BVA cases with the actual docket number.

[Buck52]

Roger That Ms berta!

[Buck52]

JBASSER AND JERREL are having a hadit radio show tonight at 7:00pm eastern time  withJames Cripps and his buddy....James always has some good information on Loss of use and lots of AO Information. how to apply and what to mention   he helps a lot of veterans.

[Berta]

The DAV rep was trained in that like I was.Or he can go to the BVA web site or search here and find out how to do it.

I think this is Swarthy's BVA decision:

https://www.va.gov/vetapp14/files2/1417506.txt

In Part:

CONCLUSIONS OF LAW 1. The September 2008 rating decision which denied the Veteran's claim of entitlement to service connection for PTSD is final. 38 U.S.C.A. § 7105(c) (West 2002). 2. Evidence received since the September 2008 rating decision in connection with Veteran's claim of entitlement to service connection for an acquired psychiatric disorder is new and material and the claim is reopened. 38 U.S.C.A. § 5108 (West 2002); 38 C.F.R. § 3.156 (2013).

But it doesn't jive with this statement he posted here.

"In 2014 the claim for PTSD was granted and rated by the BVA."

Swarthy is this it above:

Citation Nr: 1417506 Decision Date: 04/18/14 Archive Date: 05/02/14 DOCKET NO. 13-13 450 ) DATE )
 

[Swarthy]

It looks like I wasn't clear, I'm not asking if there was a CUE,  or to have my claim readjudicated here, filing for TDIU, or reopening the claim.

I am looking for your guess as to the outcome of this DRO hearing based on the facts

I am sc for PTSD, shoulder and sleep.

 

The DRO as I said is only considering whether or not to recharactetize my statement listing my psych meds as a reopening of the denied psych condition, and I was wondering  your thoughts about anybody's  experience in hearings with DROs

 

In the May 15, 2009 NOD I did not list PTSD (why? The RO liaison told me that since I was currently inpatient for Psych issues, my Psych claim would be decided upon discharge. That was wrong and hence the judge saying I did not appeal the PTSD denial)

I only listed the physical injuries received in the assault on the NOD

But I have had psych diagnoses since active duty, so the C&P examiner in June 2008 not diagnosing me with a MH issue should not have erased 12 years of MH treatment in various VAs)

In January 2010 I submitted a statement listing my psych diagnoses on active duty and the medication and the current psych diagnoses and current medication

My VSO asked that one if those submissions be consider an attempt to reopen or an attempt to continue prosecuting the sept 2008  denial descision

 

Yes those bva descisikns you listed are mine.

The remand triggered an initial PTSD c&p in 2014 (my first despite having claimed PTSD since 2008)

 

The C&P led to a 70% grant with an effective date to an online claim I made in December 2011 in frustration and not trusting the RO laison anymore.

 

I hope this info helps. Sorry for being confusing.

Edited April 28, 2017 by Swarthy