Xnavynuke

Here is what I would recommend. 1. Get your father to make his mark on or sign a request for a complete c-file. Fax to the RO or hand deliver it. 2. Contact your local congressperson, and request that they get involved to expedite the request. 3. Pick up the file if at all possible from the RO. 4. Take the file to a VSO (preferably DAV, state, american legion, vfw, etc...). 5. Get with the VSO and develop a plan of attack to appeal the previous denial. 6. Post pertinent details here for further advice also. (be sure to cover identifying info if using scans.

Basically, he had applied for TDIU in the late 70's for due to a Mental Health issue. SSDI granted in 1982 for the same Mental Health issue, and veteran applied for an increase on the same Mental Health issue at that time. In the SSDI fully favorable decision it states that based on his Mental Health issue. VA proceeded to grant an increase but not 100% for the mental health issue, veteran is still not schedular 100%, but is TDIU and based on them citing the SSDI decision as evidence, I think I am justified in thinking that I can get an EED, but my veteran is paranoid that they made a mistake, and I have assured him that I would fight it until my last breath. He is just tired of fighting the VA and reluctantly I have to accept this. Now if VA takes it upon themselves to review all of the evidence, I think that they can be led to see the error in their ways, but I am biting my tongue for now. I am still working on convincing the veteran and his wife that this fight isn't over yet.

As this hasn't been addressed, I will chime in with what I would recommend. I would fill out a 21-526ez and get copies of all military treatment for the sleep apnea, Additionally if while waiting for the original claim to go through you get any treatment for the sleep apnea, make sure to get copies of the treatment notes / records no matter what the source even if it is the VA, as VHA and VBA don't play nice, they can't share properly. If it hits the Jan 31, 2012 and there is still no decision submit for sleep apnea anyways. If you get a decision sooner, submit at that time. Also, if as time passes your s/c conditions get worse put in for increases. Just my 2 cents.

As a VSO, and new to this only been working at it for a little over a year, I will say the way I run my office is that I will forward everything that the claimant gives me to the VA. I also make copies of everything so that the claimant retains a copy. I will make a summary of notes, and write down a plan of attack, with contingencies. I WILL NOT KEEP DIRECT DEPOSIT, MEDICAL RECORDS, OR PTSD STRESSOR REPORTS in my office, yes it is behind 3 locks, but I am still wary that if my office gets broken into, that there is not enough there for anyone to commit identity theft or hurt my veterans. jmo. Right now, I am of the opinion that the veteran is their own best advocate, but with mail and correspondence going through me, I provide a fresh set of eyes. I may not know everything about the VA system, but I try.and have had some success with the veterans I work with. If you get a VSO that just forwards things without reviewing them, it is time to find a new VSO. Personally, I think that all VSO's should know their claimants claims, and be able to recite the most minute detail of them, but as a realist, I know I cannot do that and don't expect anyone else to be able to. I try to keep somewhat detailed notes about the individual claim in the files that I maintain. I would say that if the VSO is in a rush and tries to push you out the door, they are not the right person. I see or talk to veterans at least 500 times a month, and some are repeats and some are just to let me know the latest paperwork that they have gotten from the VA. I do get copies of everything that is sent from VA when my organization is POA, and this has helped me to make sure that we (I take my client's claims personally) do not miss a deadline. Only on a rare occasion will I act unilaterally without input from my veteran, and that is normally if I cannot get a hold of them and receive correspondence that a deadline is about to be missed. Getting down off my soapbox... Autumn if the VSO's you have spoken with just want to forward paperwork and slap a transmittal(cover letter) on it, you really don't need them, as they probably won't be maintaining detailed files that will assist in your claim when VA says that they didn't receive something. Most of the VSO's I have spoke with or work with maintain detailed files that given 5 minutes of perusal will be back up to speed with. So as a VSO, I apologize for the rest of us, but I assure you that there are many of us out here that are passionate about what we do, and aren't in it just for the money. I work with several hundred veterans a month at work, and in my off time, I try to do outreach to the local VFW, as their Post SO doesn't have the training that I have been blessed to have been given, and I am local. My advice is shop around and find a service officer that is passionate about their work, and will actually assist and counsel you as to what they think you should do. At the same time, they need to realize that you are the boss, and that they need to act only on your behalf and to the extent that you want. For example, I have a veteran that had been trying to get TDIU for approximately 40 years, I had him bring in all of his records, and I started going over them while assisting him in applying for an increase for his s/c conditions and TDIU. While searching his records, I found evidence that in my opinion shows that he should get an EED in the early 1980's when the decision came back on the increase, but as he was so happy with the decision, he told me not to mess with it. I may not like the decision, but it is his decision to make. VSO's need to realize that they work for the veteran, and they need to explain all the options, if the veteran feels compelled to go in a direction that I don't feel is the correct one, I will advise against it, but I will support them every step of the way. This is just my 2 cents, and take it for what it's worth.