FormerMember

Eighteen disability claims? Were you a SEAL? No offense. Just asking. Sounds like you're nigh on to driving a wheelchair. Best of luck. a

And voila! Just like that. The duty to assist just went up in smoke. You are now responsible for getting the info to us if you even hope to win. We expect you to go to hospitals and other medical clinics and retrieve your records. You must coerce doctors to fill out these long-winded DBQs that Vync points out do little to illuminate your condition in words. Words are what the Diagnostic Codes use to rate you. No nexus? No problem. Fortunately for Vets, every RO comes equipped with a VA Examiner who is prescient and trained in all medical arts- both mental and physical. (http://asknod.wordpress.com/2014/07/31/cavc-traore-v-gibson-greenberg-the-merciless/). They will gladly provide that IMO that you so desperately need to win (or lose) any claim. How thoughtful of them.

A Supplemental Statement Of the Case (SSOC) is nothing more than a very brief 'de novo' review of your answer(s) to a SOC. It entails a glossing over of your rebuttal. If they feel nothing you submitted in rebuttal was material or could form the basis for a revision of the decision, then they politely reaffirm your denial and send it to the Form 8 in-basket. The short answer is no. I have yet, in all my SSOC answers, ever received a change of heart. Every one of them has basically said, 'We looked at what you wrote and we have not changed our minds'. It might as well be a form letter, but it is valuable to use as a platform to rebut their rationale from the SOC for one simple reason. On appeal, it gets much more attention. If it forms the bedrock principle of your contentions and successfully overcomes their logic for denial, it was time well spent. Remember always- you must get all evidence in to the BVA before the ruling. You cannot add to it on appeal to the CAVC. They close the books and rule on what's in the Record Before the Agency (RBA). Always build your case as if you were fully well planning on it having to go to the Court. a clear prop

The VA has never had a policy whereby they will only accept evidence on their forms. They would love it if we were forced to use them all but to date, no dice. Read a 21-0958 closely and see if you spot the problem. Notice Part II in telephone contact. If you are legally represented by an attorney, he should be the one talking, not you. That's against the law in fifty states to upstage your mouthpiece. Miranda anyone? If you wish, fill out the first twelve blocks and then check box 16B yes and attach your standard form SF8.5X11(white) to the 21-0958 with your contentions. I like to put a Tickle Me Elmo sticker in the upper right corner of my filings these days. By the same token, look at a DBQ and show me where the box is for a nexus statement from your doctor to tie your disease to service. Whoops. They forgot it. USB Hickey said they'd use the current ones up until they ran out and then reprint more with the space added to Rep. Filner last year. Only problem is it's electronic, not a paper form. Still no slot for the opine. A clear prop

If the perceived CUE is a "re-examination" of the facts as they were known at the time of the 2009 decision VA feels is in error, then they must refute it with a new diagnosis that clearly proves the old one was erroneous. However, it must still get over the "manifestly changed the outcome" rule. VA's DRO CUE of your claim does not rise to that error level. They simply try to insinuate the wrong diagnostic code was employed. Try this on for size. http://asknod.wordpress.com/2014/05/02/cue-the-quintessential-elements/ Now, look at your circumstances. VA is saying it made an error in how it rated you and seeks to "fix it" suddenly when you ask for an increase and a DRO review. This is the thing most Vets fear. If I ask for more will I get the bitchslap? VA has to prove a large legal quandary. They will lose but it will require a trip to the CAVC if you have the mettle and the stamina. The reason is simple. Merely saying the wrong diagnostic code was employed is not grounds for CUE. That is a subjective assessment after the fact and can never rise to the level of CUE. How the facts were interpreted cannot be revisited unless they were clearly and unmistakably erroneously interpreted. For VA to CUE themselves, they must pass the stringent test applied to you should you try to file for it. Here, they insist they used the wrong DC and confused the meaning and location of 'humerus'. Tough luck. The presumption of validity applies in all things VA. It's assumed the C&P rater knew whereof s/he spoke. Monday morning quarterbacking is all well and fine, but if the facts, as they were known, were used to arrive at a legitimate decision, trying to show CUE requires an error to be so obvious even a ten-year-old could see it. No one, especially a DRO, can come back and say they committed CUE unless it's blatant and reasonable minds can agree that an error occurred. Trying to rehash the finding based on semantics or diagnostic codes have never won. You simply cannot go back and argue that the old rater's decision was in error. It had three signatures so three raters thought it was right. What you have is simply one rater's decision, signed off by his mentor RVSR and the Assistant Manager of the RO, that the decision was correct and binding. VA has made a "finding" that your elbow is rated X% disabled and your shoulder as well. To overturn the finding requires them to prove beyond the shadow of a doubt that the original rater had the IQ of a goat and that the facts, as they were known at the time, were substantially different from what the records stated. They cannot meet that high standard and they will fail. They assume you will do as most other Vets and acquiesce to the error by not appealing it. 90% of us do not. No appeal equals a correct CUE decision. Historically, VA loses these "reverse CUE" situations as much as, or more frequently, as we do. It is not easy to overturn a finding for VA or a Vet. That is why so few CUE claims succeed. VA is just as maladroit at it as we are. Here's one that contains the seeds of your win. Although it is a single judge decision by Judge Mary Schoelen, the beauty of it is that it cites all the prior panel decisions needed to cite for your win. It does mirror your situation closely, too. http://asknod.wordpress.com/2014/02/13/cavc-mekus-v-shinseki-idle-hands-are-the-devils-workshop/ And Berta- please add the Moody Blues to your list of Moog synthesizer artists. They wrote the book on it. A You are cleared in hot. Guns are free.

Instant gratification could be attained with a personal visit to the Oakland Regional Office. You have to be proactive in these situations. Were it me in your shoes, I would avoid taking a bath for a week, don very dirty, stinky clothing, douse some Petuli oil on myself, present at the RO with my borrowed shopping cart of my belongings and declare myself homeless. VA is obligated to deal with homeless/medical/financial problems ahead of any others. No ifs, ands or buts about it. Going through the traditional channels (i.e. IRIS or the 800-827-1000 Prize Redemption Call Line) are an exercise in futility. Arriving in person will cause much consternation and some instant action. It sure did up in Sioux Falls, South Dakota last summer. Old Harv had them gagging and dry heaving and he got his TDIU in record time. A Vet's got to know his limitations with the VA and exploit what he can. Petuli oil, in sufficient quantities indoors, can move mountains. Or, on the other hand, you can go the VSO route which may get it done in about three months. Or, you could do the same with a reputable attorney and cough up 20% of the retro. If you've won, I see no need to do that although I have-especially with the Oakland RO. They are 600 days out on DRO reviews now and it justs gets worse by the day. If you can get the Rule 900 consideration, you'll be there far sooner than playing telephone tag with a bunch of GS-7s staring at eBenefits and trying to give you answers to things they know nothing of. Dial-a-prayer 'technicians' are merely VA new-hires waiting for the next training cycle for VSRs to begin. It's the lowest step on the VA ladder. Twenty years ago, when you called the 800 number, it connected you to your local RO. If the GS-10 'expert' didn't have an answer, he'd find one while you were on the line or get back to you shortly. I had one transfer me to the Ratings section numerous times over several days to get my AO claim back on track. The raters were pleasant then and bent over backwards to make it right if they could. Some would even offer suggestions on how to repair an error or find needed info. Almost all gave me their personal telephone number at their desk. Fat chance now. a Cleared in Hot. Guns are free.

Roger that, Carlie. If he "reopens" the mid-nineties claim, he needs to get a confirmed denial of the prior claimed CFS, Fibro and IBS on the books yet again to hire the rainmaker. You'll need your contemporary service medical records for the doctor to peruse and signify that he reviewed them. If you do not, the VA examiner will state that his opinion "is more probative' because s/he had access to the STRs whereas your doctor did not. I've had Vets get these letters and the doctor failed to note he'd reviewed them. Instant loss and appeal that will cost you, on average, 4 years to turn around. a

A retrospective- VA has denied 85% of our claims since time began. The number is static and as predictable as the sun rising. Regardless of war or peace, it remains an oddity that never is questioned. Similarly, the number of disabled remains equally static. One would expect any computer model to encompass a 12 year old war and see a vast increase in PTSD, TBI, paraplegia, etc. but oddly, we do not. The same held for post Vietnam Vets. Obviously there is an agenda at work that only permits X number of disabled on the compensation roles. I do not advocate conspiracy theories. I merely point to VA's own statistics. To see an error rate of 65% documented by cases flies in the face of VA's stated rate of 89% accuracy and the OIG's perennial VARO inspections showing that to be untrue. Can it be (gasp) that misfeasance is afoot? a clear prop

The SSI uses Administrative Law Judges (ALJ) who are completely independent of any influence. They are under no duress to render a decision pro or con. The BVA uses Veterans Law Judges who work for Laura Eskinazi-head of BVA. They do what she tells them to do-or else. They are not independent. Were that so, we would not see 65% of all decisions overturned at the CAVC and remanded back to the BVA for error. a

Allow me to acquaint you with VA justice, sir. There is a little-known legal concept that states any issues not addressed in a denial, SOC or SSOC are "deemed denied" unless specifically alluded to in the body of the decision. If they are not mentioned as having been remanded for more examinations, C&Ps, or other actions, then it is to be assumed they have been denied -even if not mentioned. Thus, filing a Form 9 that does not address the individual issues implies that you are not appealing them, otherwise you would mention them. It's a variation on the old no evidence is negative evidence game. If we don't specifically find evidence of depression, it is negative evidence against the claim. If we forget or fail to mention that the other items on appeal are denied, it is to be presumed they are since we didn't mention them. A form 9 has a box (9A) that says "I am appealing all the issues on the SOC." See the problem? It's a trick statement. In VAland, you have to CYA six ways to Sunday or they trot out the " Well, he only appealed the depression. See? It says right here clear as day in box 9A." You have to be anally specific in this business or the VA's wrecking crew will eat you for breakfast. Having a VSO is no panacea. That's like taking your chihuahua to the DRO review. The smart money is to quickly mail in a Form 9 and call it an addendum to CYA. Say you wish to appeal the other eleven issues as well since the DRO did not see fit to give you an up or down on them. Based on Ford v. Gober, 10 Vet.App. 531, 535 (1997) and Bucklinger v. Brown, 5 Vet.App. 435, 436 (1993). I can't see your decision to be certain, but I'd say the other eleven issues might be secondaries you are trying to hang on the depression. If so, the mere denial of the primary depression claim effectively undermines the justification for the other eleven. VA, in cases like these, is known to try to avoid carpal tunnel syndrome in their employees and simply not write about it (the other eleven issues). They write it like this and you'll see it at the end of your BVA decision somewhere. By then it is too late to fix it because you cannot add evidence after you lose at the BVA. Any appeal to the CAVC must rest on the evidence of record (EOR) which is also referred to as either the RBA (record before the Agency) or the ROA (record on appeal). Because the appellant presents no discernible arguments with regard to this matter in her brief, it is deemed abandoned. A clear prop. Ford_95-1071.pdf BUCKLING.273.pdf

Always remember you are not a doctor but a simple soul who suffers. You are free to claim anything you feel is service connected. The only requirement to win is that it be supported by your service medical records and a nexus letter to knit the two together. Too many wait too long and get tarred and feathered by the "It was so long ago that the claimed injury could have intercurrent causes". Strike quickly while the incident is relatively fresh. Far too many wait for cervical/musculature issues past a logical point after separation. Best of luck, sir. a Clear Prop

Funny how all these folks seem to get this far and sometimes farther before they discover the need for a nexus. As many times as you see the reference to Caluza, Hickson, Shedden et al., it never arises. The Big six VSOs still haven't received the email either. Oh thank Heaven for Hadit. a

What they are preparing to do is so predictable. They will give you a new C&P that will confirm the PAD is compensable. They will assign the date of the C&P exams as being the first they've ever heard that your condition warranted a compensable rating. You'll have to NOD this or, better yet, scour those records for the evidence that the PAD impairs, to a compensable degree, the lower extremities and that it was when you filed or the informal 2013 claim was begun. To get the earliest date you need to synch your conditions via contemporary records and resubmit/yellow highlight them to enunciate your contentions. These guys have 20/400 coke bottle vision.In my c-file there are about 10 copies of my medical records from an Air America Hospital showing my back was injured. They just couldn't "see" them until they got to the CAVC. There, of course, the sunlight is better and brighter and it became "evident". a cp

<<<All you have to do is submit an FDC claim for an increase. (NAVY04)>>>. With no disrespect, this is absolutely horrible advice. You fight the claim you have. You will lose your original effective date for your claim if you file a FDC now. VA should have enough on file to rate you correctly. If they do not, they need to be apprised of it. You have a path to an appeal to accomplish this. You've won. Now it's a matter of deciding how much you won-not begin a new claim to obtain it. Read about Mr. Joe Fenderson, to whom we owe a great debt. He obtained this distinction for us. Use it. http://asknod.wordpress.com/2011/09/27/cavc-fenderson-v-west-1999-staged-ratings/ You are permitted to submit N&M evidence of your medical condition throughout the claims rating period if it is probative and illustrates your degree of disability before, during and to the present time. Just because you won and got the lollipop w/o the lolli is not grounds for a reopening of the claim to obtain what is rightfully yours. You must have some track record of this disease you have accumulated over the years from your doctors. Medical reports, blood tests et cetera. You need to spend more time proactively researching your claim and constructing it. Depending on others to provide you with advice can sometimes backfire on you as here. Defend what you won and expand on it. A claim is a living thing until you neglect it and allow it to become final or make some stupendous error. VSOs are fond of telling you to do this (refile for increase) when your claim is still viable. a clear prop

Correct me if I am wrong, but you filed for all these ailments with no supporting documentation in your Service Treatment Records? Did you have the help of a VSO service officer? Filing claims for disease injury that hinge on other claims not yet adjudicated service-connected is one of the oldest ploys in VA's inventory for denials. I cannot say I am shocked to read this. I think a quick stroll through the FRE (Federal Rules of Evidence) would be beneficial before you commit to proceeding down this road. Evidence of these diseases/injuries is a prerequisite to winning your claims. As to the prostate/PTSD issues, are you a Vietnam Veteran? The prostate issues would be presumptive if so. Similarly, you can substantiate your stressors for combat via a request for the Joint Center for the Research of Uniformed Records (JCRUR). They can tell you who was where when and what military actions ensued. This will help in presenting your case. Best of Luck A

That's exactly how I won my 1994 EED. They denied. I filed a NOD with new evidence. It sat there growing dust for 14 years. I won in 07 and then won the earlier date via 38 CFR 3.156(b) and 38 CFR 19.29. The claim ain't over until the fat lady sings. VA hates to do these old ones and they'll fight you with defective, gomer logic all the way to the CAVC until they see you are not going to piss on the fire and call in the dogs. I just helped a gal back in Florida (she followed my book recipe loosely) win her CUE claim back to 74. VA is now trying to do the lollipop trick with no lolli (0%). It will be a long, protracted Fenderson battle that will probably go up to the CAVC. The important thing is to get inside the wire. It can be done. I'm prooF. a clear prop

VA isn't a dummy. If they can "reconsider it" with an eye towards calling it a new reopen, they will. They save money and clear it off the books. Win-win for all except you, sir. Just remember what those other fart smellers above said. Once you hand over that POA, you are at the mercy of the turkeys. Period. You cannot complain afterwards because you authorized it. Pro Se = Pretty Smart. Nobody to blame but yourself if it goes south. a

I helped a Marine get SC for HCV back in 09. He'd been depending on them to do this since 02 and AL had been dogging him and wasn't returning his phone calls. His wife subtly began doing it herself w/o them. We got all the way to the BVA and a win pro se. He gets 100% plus a slew of secondaries in late 2010. ALSO calls up for the congratulatory attaboy and asked if he could drop by for a photo with Tom for his trophy wall. The wife took the phone away from Tombo and told the gomer to piss off. I've heard of at least 10 others. Once they get the hook set, they think they can strike any bargain they want w/o your input. Hundreds of thousands of Vets have been sold down the river this way- all for lack of rudimentary courtesies any attorney would accord you. In 1992, I had DAV on my back claim. I read about the "BVA hearing" in 2009 when I got my c-file. The gomer pleaded with the VLJ for "benefit of the doubt". No discussion on the medical evidence. Not one word about all the SMRs showing mega radiculopathy from L5/S1 into left leg. We try to tell you- they have no legal training. You might as well do it yourself and take lessons here on how to-assuming you have a desire to win a difficult claim. Tbird started this thing for a reason. If 85% of us are ending up drilling a dry hole, we need a little more than "Here. Fill this out. I'll be your rep." Finesse is not a talent. Technique is. a

The error occurred when you gave the DAV your POA. a

OGC is the Office of General Counsel. They live at 810 Vermin Ave. NW Washington DC 20420. As to the RPG-2? The owner and a loader were trying to arrange a beer summit between my pilot/me and God at a remote airfield called Muong Soui (Lima-108) west of the Plain of Jars in August 1970. I tagged him with a CAR 15 from about 160 yds. so we could take off without wearing a B-40. http://asknod.wordpress.com/2012/06/09/footlocker-dewat/ http://asknod.wordpress.com/2012/08/16/veterans-memorial-museum-chehalis-wa/

Everything has a recipe. If you want your c-file in short order. I've had the most success with this method. There is the Writ of Mandamus route but it costs $50 unless you want to play pauper. When VA starts to blow smoke up your ass and tell you they're on it, it's time to take it up a notch. Here's how the big boys do it. I've had 100% success in the twenty day window after contacting the OGC (027). If you sit there in gridlock and wait, VA will get the idea you're a Type B personality and try to roll you. http://asknod.wordpress.com/2013/09/30/getting-your-c-file/ Clear prop! flaps 12%. Departure on 118.9 mhz. Watch out for the gomer with the RPG-2 on rollout.

Well, you do have a copy of your c-file, right? All appointment activity is in the center pocket with the adjudications and ratings. That's one that trips Vets up. They find out when they read their BVA decision that they were scheduled for a C&P for X condition and the file reflects you never showed up. Instant grounds for denial in a lot of cases-especially for claims for increase. Old VA trick. Mail it to an old address on purpose to string it out for a two to three year remand. The only trick to this is having that file. a

Hey. It's been a long time since this guy saw a static line or a green light. Six years does not a leader make. He managed to get a MBA during the five years in Airborne. He has never had a bullet buzz by his noggin. The long grey line is famous for career military men, not 90 day wonders. I'd be far happier to see him with twenty under the belt and a strong appreciation for what the enlisted folk did to get and keep him there. A lifer at P&G until he finally got to the top is not cutting edge career advancement. Four years at P&G as CEO? Why isn't he still there? Someone needs to ask the questions. Perhaps the Senate will "vet" him carefully. http://asknod.wordpress.com/2014/07/03/vasec-please-allow-me-to-introduce-myself/ Happy Fourth of July to each and every one of you brave men and women. Alex sends Clear Prop!

Wowser. You never back up. Once you file, you stay the course. You are trying to speed things up and it simply isn't going to happen on your time schedule. VA is intransigent and nothing can force them to accelerate except for the Court. Even that takes a month or more to get in gear. Then VASEC (actually the OGC) takes another month to respond. Each and every action you have proposed is still months out for any intervention. If you drop it all and refile, you have to come up with new and material evidence to reopen. Bad idea. I can see your brain racing around in larger and larger circles. March down to the welfare office and lay it all out. Tell them exactly what you recited here. I got caught short in 1973 when I got out. I ended up in the hospital with a hepatitis relapse. When I got out, I took welfare for a month. They will not let you starve.You do what you have to do. I'd motor on down to the RO and explain it all to them as well. Then I'd write a letter to Allison in Wonderland Hickey and one to Sloan. Call Channel 7 news. You're in the catbird seat. Destitute Vets are all in vogue since the Phoenix VAMC went up in smoke.You're a Veteran. You think on your feet. You could call a VSO and ask for assistance. You have options. Remember that. It just that your legal options are going to be slow in coming. Concentrate on keeping body and soul together for a few months no matter how impossible that sounds. Ignore that little bird that tells you things. I've helped a Vet get to 100% +100% plus 80 % in little ones. There no such thing as having too many impairments unless they are simply not service connected. If you are adamant about "trimming things", keep the ones that are going to kill you and toss the the tinnitus, the hemorrhoids, and the hallux valgus. Focus on what is medically dangerous. Never, ever throw in and restart. VA will use it against you later. The conversation will revolve around how you pulled up the tent stakes and bugged out -ergo your claim was a chimera from the get go. a

Don't forget. If you have to wait over 30 days for the c-file, you can request they produce immediately by writing a letter to Office of General Counsel (027) at VACO demanding it. You will generally get it very shortly thereafter. It's much like spurring VA into action via Mandamus filings without the $50 fee. Works every time. J1VE. clear prop!