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MarkInTexas

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Everything posted by MarkInTexas

  1. MarkInTexas
    Congratulations! Mark
  2. MarkInTexas
    That's great, Julie! Don't forget to vote too! I think next week is the final election day for the Proposition election here in Texas, and there is one Proposition on the ballot that not only continues to allow the spouse of veterans who are 100% disabled to continue to receive property tax exemptions, but it will now allow for retroactive support for spouses whose veteran husband/wife passed away before the earlier law was established. Have a great weekend! Mark
  3. MarkInTexas
    After almost 5 and a half years of going through this, I think that the VA uses "paper, rock, scissors" to determine what evidence is on top....... Mark
  4. MarkInTexas
    Congratulations! Thanks for your service! Mark
  5. MarkInTexas
    Julie, Congratulations and great job! I'm glad to see you have gotten what you have earned and deserve! Thanks again for your service and stay dry! It's raining like crazy here as well. Mark
  6. MarkInTexas
    Finished my Form 9, and faxed off to Janesville, then uploaded it on eBenefits as well. Janesville faxes back a confirmation, which I recieved, but I'll mail a packet off tomorrow if I get a chance via certified U.S. Mail to get a green card back. Guess I'm getting extra-paranoid after dealing with the VA for the past 5 years and 4 months. I'll hack on the NOD when after my brain decompresses from all that Form 9 stuff. I did take a break and look up the resignation articles for Miss Hickey. Looks like she got herself in a bind over helping out upper echelon supervisors with making a little extra cash to the tune of about $400,000 while other employees were denied any cost of living raises. Every article has something different, but looks like it might get nasty. I know a lot of veterans had received a bit of assistance and expedited service by contacting her, so at least there was that. Wonder who they will throw in there next? Thanks again to all of you! Mark
  7. MarkInTexas
    Julie, Ouch! Good thing I didn't e-mail her yet. Looks like it will be an e-mail to "Old Bob McDonald Had a VA Farm" then. I'm printing up my documents right now for the Form 9 appeal. Any ideas why she resigned? I guess I need to hit Google. Have a great week! Mark
  8. MarkInTexas
    Just a quick update. Sure enough, nobody called as of Friday evening, so the callback time went from "next day" to two weeks and a couple of days. I've finished the Form 9 and addendums, and will probably send it out certified mail, fax and via upload on eBenefits on Monday. Then, I'll hack on the NOD on that one back condition case, and shoot it off. Once I confirm that both have been received and are on the eBenefits "scoreboard", I'll shoot an e-mail off to Miss Hickey explaining what has happened, and will provide her a copy of both in the e-mail. May or may not work, but I'll give it a whirl. If I don't hear anything in a week or two from there, I'll start looking at my options for additional IMO's and look at attorney shopping. If anybody sees that I'm missing something, please feel free to let me know. Have a great weekend! Mark
  9. MarkInTexas
    Thanks! Sounds like Undersecretary Hickey is the way to go! Mark
  10. MarkInTexas
    Flores97, Thanks! I'll send off to her after Thursday comes and goes. I intend to go ahead and prep my Form 9 and get it sent off in certified mail just in case as well. I am deathly afraid of missing that magic deadline date. I can probably use much of the same data that I use in my arguments in the Form 9 in the e-mail to Undersecretary HIckey. Thanks again for all your help! Mark
  11. MarkInTexas
    Flores, not yet. I've been putting together things for the appeal with the BVA. I don't want to miss my November 11th deadline date for the appeal. I also told myself to be patient and wait two weeks for this "next day" call. If he doesn't respond by Wednesday or Thursday this week, I'll most likely write to either the Secretary or Undersecretary. I also have really considered doing a Presidential. I know that typically the Congressional inquiries don't work, but the one time I did a Presidential inquiry to get my hardcopy C-File, I got it within just a few weeks. I don't think that it was a coincidence. I figure that waiting two weeks with no response should be a good enough amount of time to raise an eyebrow. I also am looking at getting another IMO. It will cost me, but I want to try to remove as much wiggle room as possible that the VA might have. Thanks again! Have a great week! Mark
  12. MarkInTexas
    Somebody just shoot me.......I'm working on my Form 9 while waiting for the VA to "call me back the next day" as promised, which will be two weeks waiting this coming Wednesday, and decided to look over the curriculum vitae of the VA's nurse practitioner that conducted my C&P, and my own doctors that provided IME/IMO's. My own doctors have been around since the 1980's and Doctor Ellis has been a doc since what looks like 1968. However this nurse practitioner that the VA felt had such probative value has been licensed as a nurse practioner since December, 2012, and specializes in "nursing" and "acute care nursing". Although my other doctors graduated from esteemed schools, this nurse practitioner graduated from "Other" WTH? So some dude with a nurse practioner's license for a solid 2 years and 7 months outweighed specialist medical doctors who have had medical doctors licenses for decades? Ok.....I'm done with my rant....... Have a great Columbus Day tomorrow everybody! Mark
  13. MarkInTexas
    I know they used a nurse practitioner on mine. If you can find out his/her name and whether or not a doctor, nurse practitioner or physicians assistant, you can use Google to find out all kinds of interesting things about them right down to their Facebook account, etc. Good luck! Mark
  14. MarkInTexas
    Flores97, I took your advice, and drove on down to Houston, about two hours, and asked to speak to a human being. While I was waiting, I filled out a FOIA request for my new C&P examination report. (I had already sent a full-blown FOIA for the entire updated C-File through Janesville earlier this week.) After a bit of a wait, they took me back to a room and I got to speak to a supervisor. I brought the SOC, denial on my low-balled back rating, my IME/IMO's, and sat down for a good 30 minutes or so while I scanned through my records on his computer, and reviewed my hardcopies. He seemed shocked at the discrepancies, as well as the citings of 1977 records, and couldn't seem to find these wonderful records on his computer screen. That's when things got interesting. Another employee came in and said that they saw where I had submitted an FOIA request through Janesville, but that I would have to wait for quite a while because part of my file was digital in VBMS through Janesville, and the other half was stilli in hard copy format at the Houston VARO. I asked them how that happened, and she said that it was pretty common for veterans files to be split up while work was being processed, and other portions were being digitized. They also at first said that my C&P report would not be available for me until it was sent off to Janesville, but after a while, I guess they felt sorry for me or something, because she disappeared and came back with a freshly printed out 104 page copy of the C&P reports after initially saying it was unavailable. Next, I asked about the 1977 records and mentioned the 89 pages of other veterans documents that were stuck in my hardcopy C-File. The supervisor told me he would review it and call me back the following day, which would have been a Thursday. No call on Thursday or Friday, but I'll give them time to work through it a few more days if necessary. I asked that the VA reconsider my case, which they said is possible, but I'll watch the clock on my Form 9 appeal, and will submiit it if I start getting close. When I got a chance to sit down and read the C&P reports, I noticed it was littered with citings of 1970's and 1980's mystery records of chronic sinusitis, back pain, chiropractic therapy, etc. The kicker is that I was a kid in the 70's and the early 80's and had never been to doctor for any of that. Then I noticed that the nurse practitioner said something magical....he cited records from the 1970's on my back condition, and mentioned that although these records were not directly available to him, there were existing "notes" in my file "mentioning the records", which he used as some of his justification for low-balling me. I also noticed that he checked that he had reviewed the VBMS efile only, and had not reviewed the hardcopy C-File, which of course means that he did not review all of my records. Amazing. I'm working up my NOD on the back condition low-ball and prepping my Form 9 to answer the SOC. I plan to have these ready in case the clock ticks down before hearing from the VA on a reconsideration. I'm thinking of trying to get an IMO from Dr. Anaise just to shoot more arrow into their heart. What do y'all think? Have a great weekend! Mark
  15. MarkInTexas
    Farewell and be safe! Thanks for your service! Mark
  16. MarkInTexas
    Thanks for the posts! I have one case that I will need to file a NOD on, and the remainder on a Form 9 to the BVA. This is a relief knowing that I'll have a little time to get another IME/IMO if needed. I was worried that once I submitted my Form 9, all bets were off for new and material evidence. My blood pressure just went down a few clicks knowing this. Thanks again! Mark
  17. MarkInTexas
    When is it too late to submit new and material evidence in an appeal? I just got my Dear John letter from the VA this weekend in the form of a Statement of the Case from a NOD I had filed on an initial rating back in 2013. I haven't filed my Form 9 yet, and know I'm a few days into my 60 day deadline clock, so don't want to waste too much time. I'm just wondering that if I receive another IME or IMO if I can submit them before my case gets transferred to the BVA. I haven't decided my options for hearings yet....video...in person....etc. Any thoughts? Thanks again! Mark
  18. MarkInTexas
    Thanks again, Flores! I'll try to set a up a time to run down to Houston over the next week or so and see if I can get a human being. Meanwhile, I have ratholed a good chunk of that 5-year retro on the 10% increase for use in the next battle. I'll check on the Piemonte Law Firm. Thanks for the suggestion! I'm tired, but I'm not ready to lay down on this thing yet. Mark
  19. MarkInTexas
    Thanks, Flores. Comparing the two packets, the one on the back condition for some reason had a NOD form in it, and although done by a DRO (no signature or name), it leaves the option for a local NOD. (Which is strange because it already based on a NOD from my original June, 2010 claim.) The second one had the good old I-9 with instructions that I had 60 days to file an appeal with the complete form, and that I can still request a hearing prior to shipment to the BVA. My American Legion VSO is still a little amazed at the whole separation of claims, and agrees that the VA low-balled me on the back condition by 10%. His response was that they do that all the time on back conditions, and try to keep as many veterans as possible under the 30% and 50% that they can to save funding. His words were that they probably threw me a bone and hoped I'd walk away. I like my AL VSO, but they are pretty busy and outside of getting a screenshot of what my claim looks like without calling the 1-800 number and talking to a VA Phone Drone, I don't get a lot out of them. Not bashing, just how it is in my case. Flores, I think you are right. I live about 2 hours away from the Houston VARO, and it would be worth the trip to try to talk to a human being directly. Wonder if I can just walk in, or need to schedule an appointment. I'm also thinking of lawyering up. I have read all the banter about having to give up 20% of the retro, but like somebody on here said one, it's probably worth it in the long run. Because if you don't do anything, 100% of 0 is still 0. Anybody have a good experience with any particular firm? Mark
  20. MarkInTexas
    Checked the mail this afternoon, and yep....a brown unfriendly looking envelope. Sure enough, it was another SOC for everything else. Denials across the board with a BVA form attached. I used Doctor Ellis with the Ellis Clinic for my IME/IMO, and they cited him quite a bit, but stated that he did not state that he reviewed my records. However, he actually did and stated it at the end his total report, along with an attached list of records. They pretty much advised that the nurse practioner provided more probative evidence because he reviewed my records, than a licensed medical doctor and another doctor who is my oncologist of the past 17 years. They also stated that a C&P had been scheduled due to Doctor Ellis not stating that records were reviewed, although he did. They also once again mentioned some mystery records from 1975-1979. I looked over my PDF of the 89 pages of the other veterans' records that the VA had sent me, and it looks like these poor guys are still stuck in my C-File. Instead of being 46, I guess the VA thinks I'm 56 and 82. Looks like I need to regroup and rethink. Battle isn't over yet, but I guess I need to get it in somewhere that they are mistaken regarding the probative value of the Ellis IME/IMO report. It does say that I can request a hearing prior to the case going to the BVA if I request it. Any thoughts? Thanks again for everybody's help! Have a great weekend! Mark
  21. MarkInTexas
    Thanks! The VA amazes me......battle ain't over yet. Time for me to start educating myself on CUE's. Have a great weekend! Mark
  22. MarkInTexas
    Thanks Chuck! Is there are certain CFR I should reference on a CUE? I've never done that before. Mark
  23. MarkInTexas
    Thanks all! I'm sending off a C-File request over the next day or so to see what the C&P contained, and to get a new idea about they are trying to look at in my file for their rationale. I've already got a copy of my C-File, but it's much older now and there have been a lot of things filed over the years. Meanwhile, to do a CUE, do I simply mention the error in my NOD? Also, shouldn't they have offered me the option of a hearing with a DRO before deciding on this case, and any others under a NOD before deciding? Thanks again! Mark
  24. MarkInTexas
    Update: Received my SOC today from the Houston VARO. It was for just the one condition, and none of the others are listed. It matched up with what eBenefits showed, and I received my retro in my bank account this morning based on the increased amount since June, 2010. One thing that I noted was that they mentioned this condition in my back was prexisitng prior to service, and mentioned medical records from 1977 when I was 16 years old. The only problem is that I didn't submit any medical records from prior to military service, and in 1977 I was only 9 years old. All I can figure is that they have somebody else's medical record in my file or they were busy in a copy/paste mode and missed something, because I didn't have it prior to service. They did acknowledge that my entrance exam showed clear, and that my separation examination noted the condition existed. I may NOD later after I get a copy of my C&P from the VA on this examination, and I'll unload on the "mystery medical records" from 1977. I don't think I have any records going that far back and my doctor from my youth has been dead 21 years at least, and I only just filed in 2010, but irregardless I didn't have degernative arthritis prior to service. I guess I need to press them to get another copy of my C-File to see what medical records they are looking at this time. One other thing in the middle of this I realized is that I was never offered a DRO hearing. Not sure if that is standard to offer that or not. Now, I'll defer to the folks out there who have dealt with this. How would you proceed on the back condition to possibly obtain a rating increase? Also, what about my other conditions? Is this common for the others to hang out there, when an SOC is issued for just one out of the many? What should I expect next? Mark
  25. MarkInTexas
    Great job, Buck! We appreciate you and your insight! Thanks for helping out a fellow veteran and for your own service! Mark
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