elcamino_77us

I sent the Commissioner of the Georgia Department of Veterans Services a Letter last December. One of his Deputy Directors gave me a call while I was in a meeting at work and left a voice message stating he would call me back. He never did!!! I tried to get in touch with him but ended up back at my poor excuse for a rep. I've called the Governors Office three times. After the first call, I had a call from a Senior Rep, after talking with him and being assured that he would help me, I didn't hear back from him until four months later when I had to call the Governors Office the second time. When he called then, he promised to call me back within 24 hours. That was over two months ago. I have since called the Governors Office for the third time and explained what was going on. At this point, I'm going to write a nice message to the Georgia Representatives that sat on the Georgia's House Defense and Veterans Affairs Committee which oversees the Georgia Department of Veterans Services along with all of the other Reps.

Gaston, The legal group I had talked with gave my file to an intern to look at. They take was yes, I was wronged but it wouldn't be worth it for them money wise. Thanks, Bill

Ok, after becoming educated in here the past couple of years, as I re-read the SSOC it doesn't read like Greek to me now like when I first got it in 2008. I relied upon my VSO and what they were telling me, Bad Mistake on my part!!! asknod, my problem with it going up to the AMC in DC is that my Current VSO Rep up there won't get off his rear and do his job. He doesn't want to admit he made a mistake on my 2008 BVA decision and let the VA screw me. Everybody who's seen my 2008 BVA Decision along with the documents including the local US Reps VA liaison who has over 30 years experience as a VSO Officer, couldn't believe what I showed them and how the VA lied and falsified my medical statements to use them against me. To me the RO was charged by the Board to consider my claim after it developed the evidence required by the Board. This would be evident in the phrases "should again consider" and "In readjudication the veteran's increased rating claim, the RO should take into consideration." The Board remanded my case to develop the evidence including a new C&P Exam as all of my previous was ruled Inadequate for Rating. The "benefits sought on appeal remain denied," says there has to be another decision. That's what I take of this whole thing. BTW, Another thing that hit me tonight was a statement in the SSoC referring to medical statements which should have made even my 2006 C&P Exam Inadequate for Rating. My SSoC states this: Therefor, how can a examiner ignore their own medical findings to state that I didn't have a current disability??? I think we all know the answer to that. Thanks Bill 20080226 SSOC Redacted.pdf

Last year I re-opened my claims that had been denied. While in that process, I found out the the VA took liberties with my 2008 BVA by lying about not having any diagnoses while in service and they also delibertly changed my doctors statements so they could deny my claim. However, I was service connected on those conditions this time without all of the nonsence. The new C&P Exam I got was pretty fair. While I didn't agree with everything she said, She did a good job trying to be fair. She was also extremely Thorough and made the diagnoses to service connect previously denied claims. My point being, I'm trying to get a EED for those conditions due to the illegal activities of the BVA. Billy

Thanks Berta, I will post it tonight. The way I read it, it was remanded back to the RO from my 2005 BVA. The SSOC I got mentions nothing about a Decision at the RO and sent it back to the BVA for my 2008 BVA decision which since I have found to be full of errors. If you remember the VA misquoted doctors statements and the C&P examination failed to make a diagnoses to deny service connection for a Left Knee disability and Bilatural Radiculopathy. My last claim service-connected those conditions, which I filled a NOD for a EED and a higher rating and am currently trying to get a DRO Hearing. I don't think they can use a SSOC as a Decision. I may be wrong, won't be the first time. Thanks, Bill

I just noticed this and was wondering how it effects my current claim and other cases. In my 2005 BVA this was written: 4. Thereaer, the R0 should again consider the veteran’s pending claims in light of any additional evidence added to the record. In readjudicating the veteran’s increased rating claim, the R0 should take into consideration 38 C.F.R. §§ 4.14, 4.40, 4.45, 4.59, and the holding in DeLuca v. Brown, 8 Vet. App. 202, 204-7 (1995). If the benets sought on appeal remain denied, the appellant and his representative should be fumished a Supplemental Statement of the Case and given the opportunity to respond thereto. The way I read this is that the case was remanded back to the RO for a New C&P Exam along with any additional evidence then it was to go back before the RO for a decision. If my claim is still denied, then I am to receive a SSOC and the Case be forwarded back to the BVA. However, the RO never issued a New Decision, it just sent me a SSOC and sent the claim back to the BVA. Am I missing something here??? Thanks Billy

This subject came up recently with one of my so-called VSO Reps. I complained about my 2008 BVA as it had used info from my first two C&P Exams that had been ruled as "Inadequate for Rating" in determining my disabilities. He stated that if the condition was service connected at the time they couldn't. However, if I was trying to get service connected they could use the information. I don't see how that is correct. There was a reason why the first two C&P were ruled as "Inadequate for Rating," they failed to take into consideration Deluca. Any Thoughts??? Thanks Bill

jbasser, It hit me later that night when I went to bed, LoL. That's who I used in the first place that really screwed my claim up. Apparently, the American Legion uses state service groups like the Georgia Department of Veterans Services to do the local stuff. My 2008 BVA which was a continuation of my original claim from 1995 was handled by the "AL." While researching for my 2013 claim, I requested my C-File for the first time and became amazed at the level of deception the VA had used in my 2008 BVA. They lied about the lack of previous diagnoses while in the Marines, deliberately misquoted doctor statements, and were allowed to use my first two C&P Exams as evidence even though they had been ruled as Inadequate for Rating. After showing all of this to my US Rep's Office, we filed a reconsideration of my 2008 BVA. After it got up to the BVA in Washington, I contacted the "AL" who was somewhat disturbed that I questioned the decision as he had worked the case. I was just trying to see if there was anything that they needed to help my case. He told me the misquotes were just typo's and made other excuses. He also stated that since I had spent so much time on it he would go ahead and submit it. At the end, he did state to me that he would read it. After two week past, I called to check and see where we were at. He hadn't even bothered to read it and told me he was just going to go ahead and submit it. When I went this time with the Georgia Department of Veterans Services, I didn't realize until after it was too late the the two were connected at the hip. Bill

Thanks Berta and britton, Good advice as always. I always keep and scan the originals into my PC. This allows me to print copies if I need them and add headings, footers, page numbers, doc titles and even my ssn so the VA can't re-arraign my docs. It also allows me to save the doc into word and make comments in the margin. I met with both my US Reps Office and the State Field Office today carrying an arm load of documents with me. I gave each their own copy and after carefully going through the evidence, I was informed independently by both groups that I had replied to all of the VA's request for documentation. That there was no reason that my Claim should have been dismissed due to lack of response. The evidence also shown that the VA had received my request for a DRO 35 days after the date of the letter. The US Rep's Office said they would ensure that the VA corrects "Their" mistake and the the Claim is put back on track. BTW, No, I'm not crazy about the Georgia Department of Veterans Services, but the two Young Ladies at that particular Field Office do a Great Job. It's unfortunate I can't say the same for the Main Branch in Atlanta. One Last Thing, Both groups stated that I had done a really good job of writing up my claim. I gave you all here the credit. Without this group, I wouldn't have been able to do it. Thanks Billy

Thanks for the comments Ok, I give, what is the "LA" Bill

Good Evening People, First of all, Thanks for the reply's. I've been through the BVA process a few times myself. The first time it took from 1996 to 2002 before I meet in front of a Traveling Board in Atlanta, GA. It turned out they had completely forgotten about me. However as it was pointed out, this place is a wealth of information. I've learned allot about my case: how the VA works, what was right with my case and most importantly, what was wrong with it including the handling by the Georgia Department of Veterans Services and The American Legion. I was able to find out through the local Georgia Field Office VSO what the status of my claim was. Apparently the VA Closed my case due to failure to respond which was absurd. Imagine That!!! I believe I read on here of others that have submitted all of their documentation only to be told that their claim was closed due to failure to respond. This must be the new catch-all phrase to allow them to to close their cases without actually doing anything besides shredding the evidence. Bill

I know I found a negative post on here a couple of years ago about the Georgia Department of Veterans Services and may have added to that post. I'm here to tell you that this group can't be counted on to represent you. I'm in the process of switching my VSO to the DAV. The reps I've had through the Georgia Department of Veterans Services at the Atlanta Level are on the same level as those we're facing with the VA itself. SUB-PAR!!! I'm sure that there are those who do a good job and work hard, I've not been lucky enough to have one. I've called the Georgia's Governor's Office Three time on advice from my local Senator's Office. It didn't make any kind of difference. The GA Dept of Veterans Services would call and promise to call me back in 24 hours and I'd never hear from them again. James Beal at the Georgia's Governor's Office would like to hear from anybody that's had problems with the Georgia Department of Veterans Services. His number is (404) 656-1776. If your having problems or recently had problems with the Georgia Department of Veterans Services he needs to hear what we've been going through. Bill

I had a claim decided in Nov of 2013 and did a prompt NOD for failure to correctly rate my bilaterial knee conditions and bilateral radiculopathy. I received a letter later asking if I wanted a DRO or BVA and I replied a DRO and sent along extra information. FIVE WEEKS LATER, a SSOC dated 28 Aug 2014 stated that since I had not made a choice that I would go through the traditional route of a BVA. I called up the Atlanta VA and asked about it. After they checked around, I was told that it was a mistake and that they were going to do a DRO. A few days past and my claim disappeared off the BVA Claims List. I have not heard anything from them since. HOWEVER, today I check my status on eBenefits and behold, They decided my case by BVA on the 30 Nov 2014. I was not given any opportunity to speak before a traveling BVA or anything else. I have an appointment with the DAV in Atlanta this coming Monday to allow them to start handling my claims and address my many claims issues due to a Poor VSO. If anyone has any suggestions, I would be delighted to hear them. Bill

Berta, unfortunatly calling those numbers don't help. Wjason777, it's time for a new VSO for both of us. Believe me I know. I'll explain in another post. Bill

Ok, after tons of research, I found on Ask NOD, who happens to come in here, a section on "The Pending Claims Doctrine." Reading this I found, "General Counsel in VAOPGCPREC 9-97 that under 38 U.S.C.A. § 7105(d)(3), if VA receives additional material evidence within the time permitted to perfect an appeal, then VA is required to issue an SSOC even if the one year period following the mailing date of notification of the determination being appealed will expire before VA can issue the SSOC." "Furthermore, the opinion stated that once an SSOC was issued, then the veteran would have at least an additional 60 days in which to submit a substantive appeal to perfect his appeal, even if this extended the period to perfect an appeal beyond the standard one year from the date of notice of the decision on appeal." In my case, the VA never issued a SSOC after I submitted the information they requested. Instead they opened a new claim. Therefore, the decision was never final. Which means that I can go back and appeal for a EED. Bill

Good Evening, I Stand Corrected, The VA did in fact send me copies of my Tinnitus Case. However, they were late in doing so. My SSOC was dated 13 Sept 2011. Yet, according to the Award Letter dated 1 Nov 2011, they decided the case on 7 Sept 2011. My Rating Decision was dated 31 Oct 2011. Also on 31 Oct 2011, my VSO submitted a VA Form 21-4138 along with extra documentation on my behalf, unknown to us, the VA had already decided the case. The VA then took the VA Form 21-4138 along with extra documentation and started a Increase Claim for Tinnitus and Hearing Loss, Left. With this Increase Claim, they service connected my Hearing Loss, Right. We were all under the impression that it was still the same came and it hadn't been decided. I'm wondering if I can still use the statement from my last decision concerning Dr. Allen's records as keeping the case open. Along with the 2) SF-600's from service treatment my 1996 Audio C&P and my NOD of 2005. I'm thinking using the statement about Dr. Allen's Statement in my 2013 Decision, my best way to go. Bill

Here is what the NVLSP States: The Effective Date Rule when New & Material Evidence is Received Prior to Expiration of Appeal Period 38 C.F.R. § 3.156(b) Pending claim. – (1)When new & material evidence submitted (2)received prior to expiration of appeal period, or prior to appellate decision if timely appeal has been filed (3) will be considered as having been filed in connection with claim that was pending at beginning of appeal period Example: Claim received on 4/1/09 RO denies on 7/1/09 new and material evidence submitted 360 days after 7/1/09, on 6/26/10 (5 days before deadline for submitting NOD) claim still pending even if the next 5 days go by w/out vet submitting NOD If claim ultimately granted, effective date (the claim was received) would be 4/1/09, not 6/26/10, when new and material evidence was submitted VA cannot consider 6/26/10 as the effective date The 4/1/09 claim did not became final due to the fact that an NOD was not submitted within the one-year time period . The result of submitting new evidence was NOT the filing of a claim to reopen Young v. Shinseki, 22 Vet. App. 461(2009) Jennings v. Mansfield, 509 F.3d 1362(Fed. Cir. 2007) Muehlv. West, 13 Vet. App. 159(1999) Source of new and material evidence is irrelevant. For example, if SSA sends records to VA on 6/26/10, 4/1/09 would still be the date the claim was received for effective date purposes. If neither an NOD nor new & material evidence were submitted before 7/1/10, the 4/1/09 claim would be finally denied if new & material evidence arrived after 7/1/10 and resulted in an award of benefits, effective date would most likely be after 7/1/10 The new & material evidence must be submitted in connection with claim not yet finally decided by RO/BVA The way I read it, even though Dr. Allen's report was written before their decision, they still received it within one year after the decision which, left my case open. In my opinion, this leaves an opening for me to do a NOD for an Earlier Effective Date based on the NVLSP Info. I'll need to research those three cases listed by them as well as the ones listed by both Berta and Free Spirit. I've had a hard time getting documents back from the VA in a timely manner if at all. They even called me at home one evening, wanting to read document to me as they had realized that they had forgot to mail it to me so they could send it to the raters. I made them mail it. However on this last claim, they actually mailed the claim back to me after Time and Date stamping it. ????????? Bill

Thanks Ladies!!! I really do appreciate all of the help!!! Berta, I have a somewhat complete copy of my C-File. I've requested it about three times now. There are some Medical Records that I turned into my VSO to file I've never seen the VA use. At this point, who knows if they did or not. Or, if they were quietly disposed of. I've also tried on two separate occasions to see my C-File. The last time was about three weeks ago. After I called and made an appointment, I was told after I got there by the VA that they had scaned them into the system and had mailed my hard copies to my Home Of Record. That I would have them that next Monday or Tuesday. About an hour Later, my VSO told me that the VA Rep had just told me a lie as my records were not in the system. She also informed me that the VA would send the Records to St. Louis for storage after they were scanned. Tuesday I got a package, it looks like two sets of copies with a note stating something about any further requests would have to be sent to St. Louis. Sorry, Long winded at times. Free Spirit, I don't know if my VSO got a copy or not. 99% of the time she doesn't get back with me. I may have gotten a full copy this last time, will have to check. Now for maybe some good news. I was looking back at NVLSP's Effective Date Errors.pdf, and it dawned on me that in the decision of my last claim there was a statement about receiving medical records concerning my Tinnitus Claim: "Please note: We received a medical statement from Dr. Phillip Allen in our office on December 6, 2011, regarding your tinnitus. Our decision of October 31, 2011, granted service connection for your tinnitus as 10 percent disabling which is the highest evaluation allowed. lt is noted that Dr. Allen's statement is dated September 28, 2011, prior to the cited decision. Therefore, no further action is being taken regarding the statement from Dr. Allen." If I read the NVLSP's Effective Date Errors.pdf correctly, by Dr. Allen submitting records to the VA concerning my case, that kept my Claim opened even though I didn't submit a NOD. Is that correct. If so, I can now file a NOD concerning an Earlier Effective Date. The Decision of the last claim was Nov 27, 2013. Thanks Bill

Ok, after searching here, I netted an post from last year: Free Spirit had posted a couple of links. One was a Federal Court Decision; Harris v. Shinseki, No. 2012-7111 that, in fact still quoted Roberson along with a few others: "In Roberson, we held that the VA has a duty to 3 The cited pro se cases involve clear and unmistakable error (CUE) reviews, rather than a direct appeal fully develop any filing made by a pro se veteran by determining all potential claims raised by the evidence. We reiterated this requirement in Szemraj, when we stated that the VA must generously construe a pro se veteran’s filing to discern all possible claims raised by the evidence. Finally, in Moody, we held that any ambiguity in a pro se filing that could be construed as an informal claim must be resolved in the veteran’s favor." Therefore, my thinking is that Roberson still is valide argument. In that same post, Broncovet posted: It isnt enough to seek treatment, to get an eed under 3.157. The CAVC has ruled there are 3 conditions the Veteran must meet to qualify as an informal "claim" under 3.157: 1. The claim has to be "in writing". No verbal claims. 2. The Veteran must "show intent" to apply for one or more benefits. (Showing intent for treatment isnt enough) 3. The Veteran must "specify benefit sought". In my 1995 Claim, I 1) Applied for Benefits by filling out a Claim. 2) Undertook a C&PAudio Exam. 3) I Reported my Tinnitus to the Examiner. & 4) The Examiner wrote it into my C&P Exam. The Claim was in writing, it showed an intent to apply for benefits. And it showed that I sought a Service Connection for Tinnitus. I should be able to CUE my 2005 BVA where my Hearing Loss was decided. Any Ideas or suggestions Bill

Good Morning, I did some searching last night. I'm thinking a good timeline might help, don't have dates in front of me, but here goes. Dec 1995 VA receives my Claim which includes hearing loss. Feb 1996 Audio C&P Examination. I complained about the ringing in my ears. The examiner wrote: "He reported progressive bilateral hearing loss and occasional bilateral tinnitus, onset 1993 or 1994." This should have been an Inferred Claim 1997 File a NOD for my claims including hearing loss 2002 Contacted Senator concerning Claim as I had never heard back from the VA 2002 or 2003 BVA Hearing Atlanta, Most Claim was Remanded 2003-4 new exams 2005 Back to BVA, Within the NOD Statement I wrote a full paragraph concerning my Tinnitus and its effects. This also should have been classified as a Inferred Claim. 2005 BVA decided my case on Hearing Loss. Most was again remanded 2006 RO Decision appealed 2008 BVA on Left Knee and Back. 09/07/2011 New claim for Tinnitus & Increase for Hearing Loss Claim filed 10/31/2011 Tinnitus Claim SC"d for 10% using some new streamline method. Never got the decision letter or findings. 12/06/2011 Filed for an Increase for Hearing Loss. I have not idea who filed, I'm thinking it was my VSO. 06/14/2012 Final decision for Hearing Loss. still at 0%. Never got the decision letter or findings. No Appeal Filed. From a Letter I read last night from a VA Judge, concerning Inferred or unjudicated claims, there seems to have been alot of changes in the law during that time period ending in 2009. One of the standards states that when a Inferred Claim is pending from a previous claim and if a new claim is later made addressing the same disability, the pending claim is no longer pending and has been decided. I guess you could say I'm somewhat confused which way to go in this case. I can claim CUE on my previous 1996 Case as the Inferred Claim should have been made from my exam. I can also use the 2005 NOD to say the same thing. I also have two SF600's (Service Medical Records) showing that I was treated in service for Tinnitus, only one of them was used in my 2011 Claim. Even though they were already in my Service Medical Records, the VA does't even look at them. My request for records through the Information act only netted partial copies which took three years to get. I need to see if I can still use Roberson as the laws have changed. Any advice will be appreciated. Billy G. Hill .

Thanks Again for the information. It goes along with some of the appeals that I found as well. Being a Marine, the Navy's Occupational Health and Safety section had me removed from my MOS due to a hearing loss caused by the high noise level within my MOS environment. At first, they were keeping my in the dark about what was going on, my guess was to keep me from "fibbing" on the hearing test. As it turned out, there were three of us in my MOS Field with the same hearing problems. In a sense, our loss made the Marine Corps take appropriate actions to prevent future Marines in our MOS from also losing their hearing as well. Bill

free_spirt_ect, That was quoted from the C&P Exam. I had complained about the Tinnitus during the Exam Thanks for the Info, I will go through it. Sorry to be so short. Leaving for in-laws in about 2 mins. Bill

Thanks Berta, I appreciate all of your help. Bill

Good Morning Berta, Thanks for answering. What is the status of the hearing loss claim? or did they SC the hearing loss? I was service connected from the date of my discharge in 1995 for Left ear Hearing Loss. "That exam along with two entries for Tinnitus in my Service Medical Records, should give me an Earlier Effective Date to date of Discharge. " How so...I dont catch your drift. From what I’ve read, I believe in here, That if you are SC’sd for a condition and can show where you have a previously claim which has never been (can’t think of real term) addressed, along with documented military treatment, you can get a EED. "I've since been service connected for Tinnitus. " Did you appeal the decision as to the EED? Or ask for a Reconsideration of the EED? When was the tinnitus claim filed and was it denied originally? The Tinnitus Claim was filed in 2011 and since I was already SC’d for hearing loss, they just signed off on the Tinnitus. Unfortunately No, I was still both Naive and relying on my VSO concerning my cases. However, I have learned a lot trying to fix this mess. Sorry I dont understand this statement either: "The VA never sent me a form to fill out and file. Failure to Assist. Therefore, the one year limit doesn't apply in this case." What form? I highlighted the section. §3.155 Informal claims. (a) Any communication or action, indicating an intent to apply for one or more benefits under the laws administered by the Department of Veterans Affairs, from a claimant, his or her duly authorized representative, a Member of Congress, or some person acting as next friend of a claimant who is not sui juris may be considered an informal claim. Such informal claim must identify the benefit sought. Upon receipt of an informal claim, if a formal claim has not been filed, an application form will be forwarded to the claimant for execution. If received within 1 year from the date it was sent to the claimant, it will be considered filed as of the date of receipt of the informal claim. (b) A communication received from a service organization, an attorney, or agent may not be accepted as an informal claim if a power of attorney was not executed at the time the communication was written. © When a claim has been filed which meets the requirements of §3.151 or §3.152, an informal request for increase or reopening will be accepted as a claim. Cross References: State Department as agent of VA. See §3.108. Report of examination or hospitalization—as claim for increase or to reopen. See §3.157. [26 FR 1570, Feb. 24, 1961, as amended at 52 FR 27340, July 21, 1987] Berta, in one of the links you posted I found this: The Veteran underwent a VA examination on December 21, 1999. At the examination the Veteran asserted that he was unable to work due to his service-connected lumbar spine disability. The Board interprets this statement to be an informal claim for TDIU. See Roberson, supra. I need to find and read Roberson, However, this tells me that my C&P Exam had an informal claim and that I should be able to get an EED as according to the Regulation above, the VA was supposed to send me a Claims Form but failed to do so. Therefore, the year limit on that never started. Thanks Bill

Good Morning, From everything I've read in here on EED's, reading Claims, and the Regs, The following holds true: 1. Once a Informal Claim has been made, the VA has to send the Veteran a form to fill out. 2. The Veteran has one year to fill out the form and submit the Claim. After reading Berta's Post "Eed Back To Date Entitlement" I've come up with the following concerning my Case. I was discharged Nov of 1995, Feb of 1996 I was given a Audio C&P Examination in whch I was found SC for Hearing loss. In that Audio C&P Examination, the examinor made the following statement: He reported progressive bilateral hearing loss and occasional bilateral tinnitus, onset 1993 or 1994. At the time I didn't know the Tinnitus and Hearing Loss were two seperate claims. I've since been service connected for Tinnitus. The VA didn't bother to tell me nor did my VSO. The VA never sent me a form to fill out and file. Failure to Assist. Therefore, the one year limit doesn't apply in this case. That exam along with two entries for Tinnitus in my Service Medical Records, should give me an Earlier Effective Date to date of Discharge. Any Thoughts Bill