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ketchup56
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Posts posted by ketchup56
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That is exactly what it means. You are now awaiting an award or statement of case (soc).I see you are around 13 months into your nod. Should be coming up soon for decision.
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My claim for early effective date of service connection im fighting with Oakland varo was reviewed supposedly by this unit in Washington D.C. and denied based on evidence of record. There is no NOTICE OF DENIAL from my 1983 claim I filed but yet they keep denying this claim. Im waiting for an a copy of my social to arrive in mail. My question is does these reviews from this office done by attorneys or dro's on steroids? If there is no noticeof dedenial sent to the veteran and no record of in the c file which I happen to have by law this claim is still pending. Any input kindly appreciated.
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Good ole oakland regional office got caught again. Gotta love it. ....Btw my earlier pending claim from 1983 was from this varo and is currently at compensation service central office on review from a email I sent to Allison Hickey. The dro stated that I should have an answer on this appeal for early effective date of service connection by the end of next week. ..We shall see. ....
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Don't change the claim if it wasn't recently filed as to not lose the effective date if awarded. What I did on my aggravation claim was I submitted my entrance exam sf 88 as evidence of the pre existing condition. You can do this by sending that form sf 88 along with an va form 21-4138 stating this is for aggravation of your present claim of aggravation. Do you have what happened during military service that aggravated your condition? If so vba has an onerous burden to rebut the presumption of aggravation. Is your condition considered chronic now?
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When I filed my form 9 I requested a no hearing option and within a week my appeal was certified to bva and docket number established. Once at bva you can always submit additional evidence with a waiver of aoj consideration up until your case is heard. Once my files were at bva within 2 months bva remanded for my ssa records. Had the varo secured those records as I requested one year prior to sending to bva my final decision would have came a lot sooner than it did. My theory is not to fart around requesting unnecessary hearings if you think you can win at bva. If anything is out of place with your claim on Varo part you'll be remanded anyway.Most of us who have been there know this all so well. Get it to bva as soon as possible because the decision usally gets more convoluted the longer it sits at the varo for additional soc's/ssoc's. JMHO from my experience.
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Claim is now with a so called "subject matter expert" at VACO WASHINGTON as per Allison Hickey, Tom Murphy, Laura Eskanzki at bva.Supposedly to hear something this week. .All this after I sent the evidence to Vaco via e-mail to Allison Hickey. ..
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Sounds like the dro was maybe trying to get you to contradict what your buddy statements are saying. If like I stated above they indeed don't have any service treatment records to contradict the buddy statements they must give you the benefit of doubt and award. Did you find out by correspondence from va that your records are FUTILE to continue searching for. They won't tell you this but without the notice the buddy letter's becomes your nexus and events of what happened during military service and they must award.
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You think if he's indeed not alive, someone or next of kin can lay claim to the cash as a survivor? ? I sure as hell hope so...
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These two statements together should get you a slain dunk award of service connection. At minimum benefit of doubt is in play.Both medical opinions and documentation in the service treatment records I can't see how they can deny....Get this on file like yesterday. ..You will win.
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Way to hang in there. ..Congratulations
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Read my decision from bva at Docket no. 12-05 464 .Year of decision is 2014.This is my case and how I dealt with their bull.
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Also va needs to make a determination of whether your service treatment records are FUTILE to continue searching for.Without this determination they will drag this on for years on appeal's and remands before conceding they can't find them.Use the letters from NPRC, stating they no longer have them and you don't have any to get the "FUTILE" then continue prosecuting your claim/appeal. Do not miss any deadline's. Keep us posted for help.
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When service treatment records are lost/missing va has an Heightened Duty to consider lay evidence, buddy statements etc.. Sounds like they made an credibility determination based on someone else's medical records, based on the the information you provided above....If the dro knew these records were not yours I don't see how the credibility issue is valid. Get this to bva soon as possible because they are better at evaluating evidence than your local jackas3$/& at you varo....JMHO....after many years of va bull dealing with my lost service treatment records, but once I got to bva they saw straight thru va's bull and awarded service connection. Without those records they can't make an credibility determination other than what you and your buddy statements say.Read Buchanan v Nicholson. ...Very powerful decision. ...Don't give up on this, you will win if you stay the course. ...
- Tommywvivid and broncovet
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Don't you just love it, when va gets knocked out in the last round? ?? Lol
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Send what you just posted here to (email) Robert.a.McDonald@va.gov It worked for me in that within 10 days I had a decision from vba. This I believe is the kind of stuff his office is looking for. Hang in there and don't give up....
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Update: Varo Oakland denied early effective date service connection. Reasons and basis (hold on to hats ladies and gentlemen) they claim I "failed to prosecute claim" therefore claim was denied 4/1983. Now remember at the start of this topic I stated va never found my service treatment records, never sent notice of any kind, never ordered a c&p exam just nothing. But I failed to prosecute claim. You gotta laugh to keep from crying sometimes..So people what this amount's to is a "silent denial".....No decision notice of denial. ...PENDING CLAIM DOCTRINE. .."THE FACT THAT THERE IS AN ABSENCE OF NOTICE WHEN A CLAIM IS ABANDONED THUS PREVENTING AN ABANDONED CLAIM FROM RENDERING A PRIOR UNADJUDICATED CLAIM FINAL". I think the va just made my appeal a little bit easier. Well im prepared to get in line back to bva. Will totally skip dro process as varo adjudication at this point is useless an a waste of time. .. Gotta love it........lol
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Congratulations on a hard fought battle. ....Time to relax and enjoy.....When you get the decision go over it long and carefully for anything that may have been missed...
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What do mean by "settlement".They either award or send it up the pipe back to cavc...
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Congratulations.....You hit the jackpot, now enjoy much as possible. ..
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Deltaj: You are dead on point on everything you posted.This is exactly what I argued on NOD of effective date of SERVICE CONNECTION. Your timing and observation on this is well appreciated. Varo Oakland has as of Feb.4th.2015 made a decision, and I'm just waiting on the big brown envelope with their results. Will post back here on this thread upon results. Good looking out to everyone who posted to this topic.
Cue Claim Denied Sarturday, Awarded Today But.......
in VA Disability Claims Research
Posted
I'm feeling what you are feeling like these people do this because they are downright illiterate and incompetent and purposely do shit like this on purpose. On Friday i get an email from my regional director that a expedited soc is being sent but at the same time she's sending my files to VACO general counsel for another review. Still haven't got the soc yet so who knows. I'm fighting a unadjudicated claim from 1983 that was awarded service connection 05/2014 but they don't want to give the earlier effective date. So I know how you're feeling but I don't have to tell you to hang in there being you're the expert on the bull shit vba puts out.