nomochow

thanks phillip, I think the consensus is in...hand deliver if in doubt.

thanks Free, IMHO no site beats hadit for the quality 24/7 assist!

Hi All, I know that when applying for SSDI youre required or would like to release records from VA to them but how about the other way around? do you have to authorize VA to get SSA records or is it automatically shared? I seen some conflicting/unclear posts here on this. can someone post the facts? thanks

My fellow Vets and friends of Hadit I have been and continue to be one of the users of the board in the shadows...mainly only reading for about 5 years now. I just want to say the site and board is extremely good and has done much good for those willing to research and dig deep. Please keep up the good work! now more than ever, this board and site is too awesome.

members and friends of HADIT, thanks for your insight...this site is excellent have you or other veteran had a "c&p review and opinion" Berta, yes it reinforces that c&p and perhaps goes to the latitude of the DRO, in that the entire record should be reviewed. John, unethical? against the regs? they denied my claim in 1979... they could never have imagined the internet uncovering their theft. Larry, you believe maybe "giving the VA the benefit of the doubt" I dont think so. I wasnt invited to their most recent c&p. Ricky, good point, as "They ask for IMO's all the time" youre right , however do they ask for opinions of one VA MD against another?? maybe theyre thinking CUE. I know I am. Pete53, I would like to hear your ideas. Friends of HADIT,your ideas?

members and friends of HADIT, looking for some guidance on if anyone has had a "c&p review and opinion". this is the title of a recent c&p report on me to the RO. last year I had a c&p for IU that was favorable, sent in election notice, employment info so they had everything they needed to rate the claim. they lagged (on purpose?) and let it get over year old! why? now they requested and got this "c&p review and opinion" that sums up my entire medical history in amazing detail (down to the exact time and date of all procedures at walter reed) and it reinforces the expired c&p. perhaps they knew if they sent me for another exam I would tell them to rate based on the current evidence? the chicago RO is reckless! dont trust em. maybe theyre looking for way out but the medical evidence just gets stronger! your thoughts...please advise

Berta, a quote from the SOC said "the evidence in its entirety" also they claim I made too many conflicting statements about when problems started.thats it." thats really all they said. sounds crazy but there isn't much to the 3 sentences. for VA to start a SOC reasons and bases saying "the evidence in its entirety" sounds kinda stupid anyways. seems like there was plenty of evidence to grant initially- including an established chronic in service condition. those guys are wanna-be gangsters. can someone point me in direction of a quasi form letter to submit a CUE? nomochow

Berta, "If the first "attempt" is now a decision that is final, there could possibly be basis for CUE" thats correct-the decision is final. and their new and material evidence to reopen is pain-according to the documentation. and the idea the condition wasn't rateable cant work due to "medical accident" during surgery and surgical scars. I have read plenty on CUE, however I want the (priceless) HADIT expert opinion also. What could I be missing here? nomochow

Free, they said "the evidence in its entirety" also they claim I made too many conflicting statements about when problems started.thats it. However, the evidence shows no issues on entering service and no documented statements I made claiming something existed prior to entry. I thought the evidence of record ruled. the bottom line (I believe) is the presumption of soundness was not rebutted and a chronic condition in service was documented...otherwise how can anyone become SC for the same condition that was denied? am I missing something here? what happened to looking at the entrance physical? If I am missing the point, let me know. nomochow

Veterans and friends of HADIT, I was diagnosed with a disease in service and had surgery. my SMR are negative for any conditions prior to service. I was denied SC at first attempt then granted SC on second attempt for same condition. Is the a basis for CUE that refers to the presumption of soundness or other statute? Thanks for your input

Thank you Vike 17, considering each has dragged on for 14 months, is this any incentive for a DRO to decide the appeal quick since basically the same thing (IU claim) is waiting for resolution? Perhaps I am wrong here, but my guess would be that since both are "inextricably intertwined" that a DRO would want a lower employee (RVSR) to do this to prevent the senior employee from doing basically the same thing. does that make sense?? either way it goes perhaps someone will get out of some work and my hope is it isnt the RVSR because a DRO is likely to take much longer and this appears to have the affect of preventing a lawyer from getting involved. do you agree? other heavyweights such as Berta, Pete53 and John999 are welcome to provide analysis I get about 80% of my advice here. keep up the excellent hard work. thank you much for the valuable insight!

Thanks Vike17 for your quick reply, what did I mean when I said "I submitted an NOD requesting increase that would be converted to IU," The NOD specifically pointed out that my rating was too low and should be increased to a percentage that would allow consideration of IU. And the formal IU application was submitted. I understand claims are settled then appeals but since this formal IU claim has dragged on for about 14 months, they are looking into doing something with the appeal. bottom line... are there any circumstances where these gangsters can disregard or "combine" the formal application into a DRO process or some other circumvented action?? I appreciate your comments.

Veterans and friends of Hadit, I will try to keep it simple. I want to know how big a mistake (perhaps) was made when I submitted an NOD requesting increase that would be converted to IU and a formal claim for IU at the same time. VA has finally got around to sending letter to elect DRO or BVA. Claim for IU is waiting for employer data with a very strong C&P and DAV letter suggesting IU. My thought is they want to say the issues are "inextricably intertwined" and cancel my formal IU claim to combine these into a DRO process. Can they do that? I think DAV wants me to drop the claim so I cant drop them if my formal claim is denied-does that make any sense. Bottom line...do they have to rate the claim??

Pete53, thanks for your insight. your suggestion is exactly what I did. probably the best move.

Jangrin, Thanks for the reply. sounds reasonable. I am concerned because it is within the 5 year period they require. Can VA say they will not decide the claim if they dont have the info or try to make me prove theyre out of business? Your opinion please Vike17, Berta, Pete53, Sixthcents, John999 and 1968 Army VV.