Under Administrative Review

[Scout Swimmer]

I was denied recently on a depression claim. I noticed on the denial letter that they based the decision on direct service connection. I am 40% TBI with 50% mixed headaches as a secondary. I assumed it would be automatically rated as a secondary condition to my TBI as my submitted medical evidence clearly state in my progress reports.

I immediately submitted a letter of reconsideration to rate my claim as secondary to TBI, as my DAV rep advised. I am now under Administrative Review.

I'm still not clear on how long this process takes, or what it exactly is. I called Peggy and she informed me that it has nothing to do with my claim and it is closed. I didnt get much out of her as she was unwilling and a bit hostile. I am considering retaining an Attorney but should I wait and see where this goes? Is this a thing that could last a year forfit my right to appeal?

Any suggestions would help

Thanks

[ArNG11]

what I think is going on is the VA is so used to lowballing and denying people, without question, they dont know what to do lately when veteran , challenges thier lowball denial that has the merit needed to overturn, after they just got finished putting the finishing touches on thier claim of mass deception. SO now, they have to go to somebody and say,, oh well, we have to start over, and do some"fixing" , after all these signatures,,summaries, , reconciling and on and on, and since that seems to be happening quite often lately, since veterans are now living in the information age, and are quite inquisitive by nature they just arent sure what to do with the claims, So they say, well lets put them in Admin review status. When everyone used to put the claims in DRO review status before they caught on that it ismost t of the time just a stall tactic, and claims rarely get overturned there .

Just 10 years ago, most vets who were denied just ate it, and drove on, not anymore. BEFORE the soldier even exits active duty, they are being educated on the system. The fact is, ALOT of vets are calling bullshit on the VA and they dont know how to deal with it, so they stall.

When they recently sent me a request for either a DRO review or traditional appeal, I chose traditional appeal. Because that will eliminate them being able to sit on my nickel for at least a year. It will likely take them a year to just write up and send me the SOC {statement of the case.). And in all actuality they are supposed to give a second review of the claim at this point anyway, so if they are doing that, then the claim is getting a second look . My thinking is if they have 18 months to jack with a claim, and couldnt approve it, why let them deek with it anymore than you have to after that. Just get in line to see the wizard, and hope they fold before that happens, but if they dont, then you that much closer to getting a more reasonable adjudication from a judge.

Sometimes I think they just pick claims to deny and it dont matter what evidence u present, they chose it and its got a mark on it.

Just my opinion.

Sierra, I am starting to have the same feeling on this. When the newbie or unexperience claims examiner makes a decision the decision is reviewed by a higher, senior rater to get the decision approved or denied, to me, and just my opinion, this senior or more experienced rater should catch all the mistakes or the "giving the veteran what is merited" that were made on the claim. I think it's a brake system for the newbies that are giving too high of an initial rating. Many years ago I worked in the insurance business and you would not believe the shannanagans that I witnessed. Same game different costs, the same bottom line, deny at all costs, if unable to do so pay out the claim for the least amount of money.

Anyways I think I might seriously consider the tradditional appleal route on one of my claims. I will no more here soon.

[ArNG11]

_{I would agree. That if were under adminstrative review, someone who knows what they are doing would at the claim.}

[NavyWife]

63SIERRA--

What you wrote here is exactly true!! I agree 100% with everything you just said! Vets are educating themselves through the internet as well as being told more about their benefits at the time of discharge. VA will have to start approving more claims at the correct percentages.

PhilGrenier--

What exactly did the development letter say?

[GatorNavy]

Admin reviews, DRO reviews are just smoke and mirrors in my book. You ask for a hearing at the RO and you get lip service, big deal! So the FDC takes what? A month or two sooner to arrive at a decision? The same percentage of Vets are denied or low-balled. An FDC going to traditional appeal (BVA Hearing) is still 5-7 years out for a rating decision that has any semblance of justice. But if a vet doesn't have all of the ducks in a row they could enter the wormhole of bending space-time continuum also known as the BVA remand. Then when 'ol Rip Van Vet awakes, decades have passed by. The VBA is fat with excuses but slim pickens` for results.

P.S. getting a remand to be rated for a grant of service connection is a horse of a different color.

Edited March 4, 2014 by GatorNavy

[Scout Swimmer]

Hi Navywife. It basically asked me to submit all documented evidence. I already did that the first time around so I tossed it. I submitted the form through my CVSO indicating "no further evidence at this time". Although I have my first private session with a non VA psychohist this weekend. I'm going to destroy those pricks if they deny me again with as much private opinions as I can get.

Edited March 5, 2014 by Philgrenier

[Scout Swimmer]

My evidence I submitted originally will be reviewed for this as well, won't it?