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11cvolley
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Posts posted by 11cvolley
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So I checked on my appeal that has been with a dro for a long time. My SSDI records are still pending, but the lady on the 800# said the latest note in the system said they're scanning in documents. Would that pop up if they're scanning in my ssdi records? Or could it mean they're in the process of finalizing a decision?
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Not like e-ben is that much help.
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My appeal is with a DRO. Does it slow down my appeal if I call the 800# asking questions like is my ssdi records still pending?
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If it's only been 12 or so months since you filed your NOD requesting a DRO Hearing, unless things have really changed at the VA, you've got at least a 3+ year wait from NOD filing to DRO Hearing. Check your VARO Monday Morning Reports, hows the back log moving?
When you request the DRO Hearing, your claim goes into the VARO DRO hearing Pile at your VARO according to the date the request is received. From that point, it gets "VA Diary Dates" noted on your file. I don't think the VA Rating Dept really does anything until just before your Appeal File reaches the top of the pile. Of course if you have a true "Hardship" your appeal DRO Hearing can be advanced ahead of everyone else but that's hard to do.
As for using the VARO DRO for your appeal, there are only 2 official choices to choose from. You either choose the DRO Review or the DRO Personal Hearing. Again, unless things have changed, an "Informal Conference and or Hearing" is not an official choice available at the time of filing your NOD. The "Informal Hearing" is something you or your Rep requests at the actual DRO Hearing. I could be wrong but don't really think so. That's how it worked at my DRO Hearing. The DRO said we could go informal, no recording or transcript. If at any time I wanted to go back on the record, he'd start recording.
You mentioned something about the 800# telling you your SSDI was still pending, Not the VA 800#, right. How does the VA 800# have any info on your SSDI? Don't rely on a SSDI Award to seal the deal at your DRO Hearing. Can help if it's 100% due to your VA SC condition but it's not a lock. Have you provided the Rating Dept with New & Material Evidence to support your claim, that wasn't available to the original rater that Denied your Claim?
Semper Fi
Gastone
I thought you mean't since my appeal has been with the dro awaiting a decision.
According to e-ben:
06-18-2012 local va office decision
07-27-2012 nod
08-02-2012 Appeal Pending
The 800# to check the status of your claim/appeal said they're still waiting for my ssdi records.
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How long have you been waiting? When is the last time you supplied New & Material Evidence for the DRO to Review? Why didn't you request a DRO Personal Hearing?
I had my DRO Hearing 6/27/2014 from my 1st NOD filed in mid 2010. Could never get a exact answer from any VA employee, on-line or 800 number. Then around 01/2014 came across DROs ability to require an "Informal Evidence Conference" with a Vet, that's on appeal. I figured if the DRO can request an "Informal Conference" to discuss the need for additional evidence, why Can't I? Sooooooooo, I filed an Official request for an "Informal Evidence Conference" with my VARO. Never heard anything back other than acknowledgment of receipt of request, by VARO.
Never really had the "Conference," received notification in early May that I had a DRO Hearing (Unspecified as to exactly what is was for) scheduled for 6/27. When I sat down with the DRO, I asked if we were meeting to discuss my "Conference Request, my 2010 NOD Hearing or my 2012 IU NOD hearing. He told me that I was on deck for the 2010 NOD but if I opted for an Informal Hearing (no recording or transcription) we could cover all 3 and I would know what his decision was when we were through, no waiting for an Award/Denial letter. I went "Informal" and left about 35 min later with all issues from both NODs awarded.
The DRO Hearing worked for me, so I'm a strong advocate for the face to face with the DRO rather than just a Review and having no chance to discuss evidence and issues. I had a Nam PTSD Vet that NOD'd his PTSD Rating requesting a DRO Review. Never provided the Mandatory N & M Evidence to support the claim. About 16 mos after he filed the NOD, he got a SSOC saying the Denial was continued. If you don't supply compelling N & M Evidence, you lose. His NOD was 1 issue and no N & M evidence for the DRO to Review and it still took about 16 months to process.
Semper Fi
Gastone
Its been over a year. Last time I called the 800# they said my ssdi was still pending and my appeal is pending with a DRO.
I did ask for a face to face, informal.
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You are on a waiting list to have your evidence reviewed by the DRO. That could be interpreted as a good thing, but not a guarantee.
If your NOD/DRO request has sat idle for more than 18 months, I recommend you check out this topic:
I can't guarantee they will speed things up, but they could give you a bit more insight than the 1-800 number. If it has been less than 18 months, they can't help.
Good luck!
My lawyer advised me not to call the 800# anymore. Then e-mailed me asking for a list of side effects I have from the medicine. My lawyer sounds very enthusiastic about my case tho and assured me that this time the DRO will have my SSDI records and it has been made clear to the DRO that my SSDI is solely based on my VA records for my SCed ptsd. So i'm guessing she thinks this is an easy payday back dated to mid 2010. I wish she never called me and updated me on things. Now i'm having a hard time putting my case in the back of my mind. Having a lot of anxiety if the VA decides to lower my rating. IDK why I think they would, but the thought is still there.
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I found this, http://mycareeratva.va.gov/careers/career/099605 but what does it mean if my appeal is with a DRO, but pending a Veteran Service rep?
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I think the lady said VRS, but could have been VSR.
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With an appeal with a DRO. What does it mean they're working on a VRS?
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So I have been told by the 800 number that my claim is with a DRO and would tell me the estimate time for this stage. I called today and now the 800 number is saying, 'your appeal is with a dro and is pending. I never been told its pending before. So, does this mean anything?
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You posted:
"My SSDI is for my SC ptsd only."
Based on this, if your lawyer succeeded in getting your SSD records into your cfile, you should get IU.
The VA did the same thing to me. In 2002, they denied hearing loss "because it had been years since I was in service".
The VA has specific criteria they must use to award/deny benefits.
Like yourself, "Does the Veteran play video games?" is not one of the criteria. Otherwise, they could deny you because you have spiked blue hair, drive a Toyota Prius, or dont clip your toenails.
The VA looks at the criteria, and determines if you meet those criteria.
Currently, you dont meet the criteria because your doctor opined unfavorably, that you are not unable to maintain substantial gainful employement due to SC conditions. You must fix this before you will be awarded benefits. The doctors rationale, tho illogical, can not be disputed by you, me, the judge, or Donald Trump. Only a medical professional can refute an unfavorable medical opinion.
However, that has apparently been done enough to satisfy SSD, since they had medical opinions stating you were unable to work for reasons you stated. Thus, you have one doc who says "yea" another who says "nay", so this should be resolved in favor of the Veteran. There is a caveat, here, however.
The VA or BVA can give probative value to one physician and less to another. In other words, for example, if one physician opines "I reviewed the Veterans records" and the other does not so opine, the one who reviewed your records may have more probative value than the one who did not.
Also, the VA or BVA can attach more probative value to a physician who did a more thorough exam, or one who had more experience in your malady. In other words, if physician A has 10 years experience treating treating patients with Vocational/IU issues, that opinion may well "trump" a rookie doc who has never seen a Veteran with an unemployability issue.
Remember, a physicians credentials are assumed good unless the Veteran specifically disputes them. So if you had a quack without a degree say you were fully healthy, and you did not dispute his medical degree, then it would be presumed valid.
I never seen a doctor for my SSDI. They granted me SSDI solely from my VA records. Only thing I did for SSDI besides the paperwork was talk to someone over the phone that asked me some questions and another time someone called me asking similar questions and told me I was being granted SSDI. Lawyer has confirmed that my SSDI is solely for SCed PTSD as well.
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In days of old, a letter from a Non VA PTSD Clinician could do the trick when it came to getting a PTSD SC rating. The VA changed that with the New PTSD regulations. Non VA as well as VA PTSD clinicians opinions are trumped by the C & P Psychiatrist or Psychologist Phd's DBQ. The VA's C&P Clinicians do more of a forensic type exam ex: 1 question asked 3 different way at 2 or 3 different times and always on the look out for over exaggeration of symptoms.
A good friend, also Nam Vet 70% SC PTSD, was denied IU late 2012 and of course NOD'd right away. The VA Rater opined that due to his University Degree and years of employment in management, he should be able to work in some sort of Sedentary job producing the $238.00 per week {SGI), poverty level income for 1 person. Actually his "SGI" limit is $219.00 per week ($11,400 over 65). In essence, the rater determined that my friend was "unemployed" by choice and not due to his PTSD. Without a Profession Employment Councilor's official written opinion to the contrary, he was screwed. I advised him to go the VA Voc Rehab route, he did and within 3 weeks had a Voc Rehab Denial letter attributing his inability to participate in the program due to his SC condition. This was mid 13.
My DRO Hearing and same day IU Award was 06/27/14. The DRO said the Voc Rehab Denial Letter was the "Best" evidence to support a IU claim. VA rater can't argue with a Trained VA Vocational Rehabilitation Councilor.
I called my Vet buddy and told him not to set on his Voc Rehab Letter, he hadn't sent it in to the VA as N & M Evidence yet. He was waiting to present it at his DRO Hearing, big mistake. I also told him to use the Voc Rehab Denial Letter to apply for the Mich Property Tax Exemption, he did the following Monday. It worked, he got all of his 13 and 14 property tax refunded. Just got his 2015 Tax waived with same Denial letter. He has no idea of when his DRO Hearing will be. Mine took almost 41/2 yrs. His having sent the Voc Rehab Letter in to the VA as N & M Evidence could and should trigger a VARO automatic review of his denial, by a Senior Rater or actual DRO, giving deference to the original IU Denial Decision.
Semper Fi
Gastone
Right now my case is with a DRO awaiting a decision. Considering they didn't have my SSDI records, the reason they gave for the denial, and that I have a lawyer now; what do you think my chances are?
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My SSDI is for my SC ptsd only.
You need to find a professional employment councilor that will confirm that you can't do even Sedentary work due to your SC conditions, that would earn you in excess of SGI ($12,400 under 65).
I used a Denial Letter from VA Voc Rehab Counciler to prove IU at my 2014 DRO Hearing. Your C & P Dr opined that you were capable of some sort of Sedentary work because you sit long periods of time concentrating on play a video game, NOT GOOD. That really hurts your IU claim. You may not be able to do what ever you worked at before, but it doesn't take much experience to earn $238.00 per week. At $8.00 per hr, that's only about 30 hrs per week. You really need to get a Professional Employment Councilors' opinion ruling out even Sedentary work.
Semper Fi
Gastone
Does it help that two doctors, one being my ptsd doctor, both put notes/letters in the system saying they do not agree with the c&p doctor and say I can't hold a job?
I guess my case is a little more complicated because I got out in 06 and didn't seek help until 2010. I was shocked how fast they granted me 70% on the first go. I just don't get why having some intelligence is a big penalty againt you getting IU. My last job was a stay at home job where I had to contact companies to update the company I worked for database. Not a marketing job or anything like that. But mentally I couldn't handle talking to people, anxiety constantly increasing the closer it got time to 'work.' Before that I worked 3rd shift at a retail store. On the way there i'd have anxiety building up and quite a few times I ended up turning around and going home. I'd even leave early so I could sit in the parking lot and try to calm down. Even then i'd leave. Missed on average a day a week back then. Only reason I didn't get fired until the 8th month mark was because they couldn't find people to do 3rd shift.
IDk why, but I have a way of holding it inside until I am 'alone' then letting everything out. Even had a desk job. The anxiety was so bad that I couldn't focus. I felt so embarrassed because I overheard my boss talking to his boss saying that I am 'slow.' (mentally) I don't see how the VA can compare a veteran's ability to 'function' at home to being out in the workforce.
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VA can look directly into SSA computers.....
The 800# said they didn't know I was getting SSDI. This part I can say is my fault. #800 said I left a box blank that ask if I get SSDI for a SC issue. One reason I just went and got a lawyer.
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What does playing a video game have to do with anything?
The C&P doctor had in the notes that it would require significant amount of concentration and time to play; therefore, veteran can do some work. In the same paragraph this sentence is found the doctor also said, veteran is much worse than previously thought. According to my doctor the C&P doctor wasn't even referring to ability to hold a job, but that one sentence is what the RO used.
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I know the SSA ploy well....
If they know you get SSDI solely for SCs they know they will have to award TDIU.
I had to call SSA in Baltimore , main office to get my husband's records to the VA. They told my Congressman and Senators SSA refused to release them.
It was a bold faced lie.
I hope the lawyer keeps up on the SSA situation.
After VA finally got those records they still farted around with his claim, and awarded100% P & T for SC PTSD.
But by then my husband had been dead for almost 3 years.
I'm sorry for your loss. Its nice to know you and your husband prevailed and you got closure for yourself and your husband.
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Its been awhile since I posted but needed to get this off my chest. I'm still waiting for a ro to decide if the denial for IU stands or if they will grant it. Talked to my lawyer today and was basically told me where we are at in this process, which I already knew. I asked him if he got the records from the va on why they denied me IU. He pulls it up and says they, the va, said that I told the C&P doctor that I play civilization 5 and that is the only reason given for my denial. Lawyer goes on to tell me that the VA never got my SSDI records the first time, and she has seen worse reasons from the VA.
I knew playing a vieo game was the reason, but it feels good to know that its the only reason. Also its been confirmed that it is the only reason. I hope someone gets fired at ro over this.
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Go with the face to face, and don't be hostile or angry during it. Just be yourself. Dress like you would normally dress. When I was diag with ptsd roughly 5 years being out of the military I put a claim in and didn't sugarcoat or play the poor me card. I was awarded 70% SCed for ptsd with no fight. I think you're past the 'lottery' part, being where some random person decides to deny or grant you. I haven't had my 'face to face' yet, but hopefully thats where the person will look at you as a person and not some number.
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I been hearing this a lot, but it doesn't make any sense to me. This whole idea of the veteran working his/her own claim. Even if I was able to do that, wouldn't that suggest the veteran can work? Can't a rater just look at your case and say, 'this guy filed his own claim, referenced these VA laws, and is on top of his case. So he can't be 100% or IU," rater denies increase.
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Also, why do you think the VA recommends VSOs, and once you get one, it almost takes an act of congress to get rid of them?
The old me peeks out at certain times and that former self would say, 'because they're trying to protect the veteran.' Now, however, the harsh reality has lifted the curtain to the farce that I have lived. Its funny, yet cruel, how you can live oblivious to the truth until you step onto the other side of that curtain. IDK which is more pathetic. (talking about myself) Being oblivious to a truth that stares you in the face, or finding yourself stepping back into the farce. Sorry if this sounds incoherent. Its rather late.
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On the VSO's side of things, they deal with a wide range of veteran needs. Not just claims and appeals. The whole C&Ps, ROs, are like using your left hand to wipe, your right to eat, then shaking each other. Just doesn't work to well in the end. The ROs are also being thrown under the bus. Who came up with the idea to make denying claims so much easier and faster than approving them? I wonder how things would be today if it were easier and faster to approve claims. Especially with mental health.
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I agree. The way I see it is if the lawyer wants to get paid, he needs to win. Theres an incentive for him/her to win. Unlike these VSOs that couldn't give a flying 'f' how long or if you win. I'd just be mad if I win at the DRO, attorney does nothing, and still gets 20%. The lawyer I went with didn't sugar coat anything either, I like the brutal truth. Also went with him because he said from the files I sent him he is 'pissed off' that they denied me IU. He asked me the same question I asked myself, 'wtf does playing a video game have to do with you being able to hold a job?'
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My DRO appeal over three months , i have to have heart surgery, called my Senator and they the VA said my case would be finish in a couple of weeks and that was December 15.2014.Im still waiting ,do they just lie to Senators.
I hired a lawyer for better odds. 80% backpay is better than non. Going to be pissed if I have to pay for lawyer 30% for doing nothing tho.
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So my appeal has been with a DRO for over 6 months and nearly a year and my lawyer hasn't gotten anything from the VA other than accepted as my lawyer. I'm so tired of this hurry up and wait game...
With Dro, Scanning Documents
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
07-05-2012 is when they received my notice of disagreement, and new evidence. I'm rather sure my appeal has been with a dro for 6-12 months. Maybe a little longer. I do remember that when I first called 800# and they said my case was with a dro awaiting a decision that my ssdi records were pending as well. God I hope this, scanning in documents, means I won my case.