31Bravo

After 23 years of fighting, two CUEs, five BVA decisions and three trips to the CAVC, I finally forced VA to acknowledge and fix the correct effective date ( March 1994) for my second 100% schedular rating for porphyria cutanea tarda. No more money but they can never reduce me or take away the rating. VA is fond of waiting until you're at 19 years and 6 months and then requesting a new c&p exam to show you got better. Bingo, Out goes the 100% and in comes 60%. 260% of my 290% is now 20-year protected and can never be reduced or rescinded. It was never about the money. They pissed me off forever when they said I was never in Vietnam. You can call me late for dinner but never call me a liar. 
With this last and final correction, I officially end my VA claims filing career.Well, until the next disease or injury pops up.

If you are missing one or more of the big 3, then you can try to get this while in appeals, that  is, with new evidence.  
Dont overlook another VA doc who may give you the diagnosis and nexus you need.  Some VA docs are Veteran friendly, while others are not.  
I have a doc who is definately "Veteran friendly" and has provided a nexus as well as a current diagnosis.  I happened upon this doc accidently.  The only thing that makes sense is that God has his hand in it (hooking me up with a Veteran friendly doc).   Amazingly, several other VA docs also followed suit, and I have about 5 nexus from different docs.  Try as VA might, they could not continue denying me with no less than 5 solid nexus, from 5 different docs over the years.  
Here is why I think that happened.  When my father was ill and dying, the scripture that says, "honor thy mother and father and your days will go well if you do" rang in my head.  
I did just that.  Trust me, my father, like most fathers, did not always do things which were honorable.  I honored him anyway.  I had to quit my job just to care for him.  (And I needed the money, desperately, too!)  Somehow, I was able to make ends meet for about 3 months while I cared for my dying father.  
Even after he passed, I was concerned he may have been beaten by the nursing home, as he had large bruises.  I decided I was going to find out if he was beaten, by getting a job in the nursing home where he worked.  Then I would know.  
After working in that nursing home 6 months or so, I concluded he was not beaten..but treated well by a dedicated staff.  
I did have many "rough" times, but, my days are going well now, as God promised.  It does not say to honor your father when he does honorable stuff, but "honor" him.  (in everything).  I wish I could ask my father questions, and I even take awesome care of my cars since he did so also.  And my garage looks like his did, with everything organized.  This is difficult, since Im not an organized person, but I do that for him.  
So, if you are reading this, then go out and honor your father and mother, if you dont already.  Dont talk mean to them.  Do as they ask, even if it means you must sacrafice.  Your parents sacrificed much for you.  The best part:
My kids saw me honoring my parents and followed my example.  They will do well also.  
The other thing is you need to forgive everyone who ever wronged you.  REALLY forgive them.  You can not legitimately ask God for something if you go around with a hate grudge against someone, because you will be judged by the same measure in which you judge others.  

Just an update on the ILP Greenhouse. VA finally showed me their cards on July 6th. Turns out they'd been planning to give me a 15 X 20 with a water spigot and a 120VAC outlet and a 60-watt light bulb since back in January. I refused to sign the IILP  when they showed up on the 13th with the blueprint and they gave me hell for 45 minutes. The two gomers went so far as to say I didn't "look" disabled and wasn't' cruising in a wheelchair so they questioned why I even needed a ADA g-house. By then they'd filed a knowingly false declaration at the Court under penalty of perjury that they had included me in the formulation of the project from the get go. 
Well, fellow Vets. You know I couldn't let that slide.... Here's what's in the cooker. Next up? They took it away from him on Tuesday morning and sent it to DC to be done right. I told the VA secretary by letter that with all the black on white violence afoot, I didn't feel comfortable with all the insults and that the VRE Officer's anger might spill over and he'd become violent. I told them he was forbidden to enter my property unless I had a police presence on hand to protect all involved.  As Rambo once said: "They drew first blood, sir."
Harry Callahan (Clint Eastwood) also had a good observation:
"A man's got to know his limitations". 
 
Petitioner's rebuttal of Boyd fiction.pdf

Well, yes and no. I figure I had 25 of 28. I was a bit soft on Pensions. The questions are all "which of the following is NOT true? A-G in choices including a lot of A&C or A&B or A.C & D. 90 minutes to do it. I did it in 50 but reread every question three times to sound them out. Who cares now? I'm in for life assuming I do not let my credentials slip. I look forward to helping others but I can no longer talk about who, what and when as examples.

I just checked eBenefits and I've been awarded 50% for sleep apnea on appeal (DRO review).  Everything else on appeal was denied except deviated septum 0% but the 50% got me to 100% P&T.  I got the sleep apnea service connected with a nexus letter from my non VA doctor stating that it was more likely than not that I have had sleep apnea as long as my HGB has been elevated.
History - my HGB had been high for at least five years before I retired.  It was always high when I went to VA for the routine exam and the NP always said "don't worry about it".  I was taking the VA lab results to my non VA doctor and she kept telling me that we need to find out what the problem is.  She sent me to a cancer clinic and everything was OK.  She then had me wear an oxygen monitor overnight.  It showed that my oxygen level was dropping into the low 80s.  I didn't want to, but she insisted that I go for a sleep study and I was diagnosed with sleep apnea (5 years after I retired).  I went to get a CPAP from a civilian company but I couldn't wear the mask because of a skin cancer on my cheek.  I had surgery for the skin cancer and during the healing I went back to VA for a routine exam.  The NP told me that I could get a CPAP through VA even though the sleep study was done outside VA.  VA issued the CPAP and my HGB has been normal since I started using it.  I also had a statement from my son about my loud snoring and stopping breathing.  I hope this information helps someone.

Got the BBE with the official notice, Secret Agent number and POA code for on line viewing of c-files. Of course they got the phone number wrong. Sheesh. We're talking VA here. You're trying to get whiskey out of a bottle of wine?
Onward thru the fog.

Buck-
Tell him he qualifies for 38 CFR 4.56(d)(4)(i) as a high explosive missile event (severe). It's an automatic 40%. If he still has any microscopic SFW retained metal fragments, that furthers the argument. I just finished doing one of these. Got 40% each for  5 different muscle groups with retained metal fragments. I assume he has a PH to go with the CIB. It shouldn't interfere with the retirement pay if he gets rated over 50%. (38 CFR 3.750).
(1) Compensation. Subject to paragraphs (b)(2) and (b)(3) of this section, a veteran who is entitled to military retired pay and disability compensation for a service-connected disability rated 50 percent or more, or a combination of service-connected disabilities rated 50 percent or more, under the schedule for rating disabilities (38 CFR part 4, subpart B), is entitled to receive both payments subject to the phase-in period described in paragraph (c) of this section.

Well my DRO worked for me because they tried to low ball me with a combine rating for arthritis of on 20% for a total of 8 major joints . Each joint should've been rated at 10% each.  So after I filed a NOD and ask for a DRO review and pointed out the Reg that should've been use they granted the 10% for each joint.   

I was successful with getting 100% P&T at the RO level by requesting a De Novo review.
Below is a summary of how this was done:
1- I filled a claim and was denied at the RO level.
2- Sent NOD with two Nexus letters. The RO cued themselves and granted 40%.
3- Sent NOD with three Nexus letters and requested a De Novo review. The DRO at the RO cued themselves again and granted 100% P&T. The second NOD took 15 months and 7 days to get 100% P&T.
Nexus letters are the most important key to winning a claim. All this was accomplished at the RO level.

Never despair. I'm fairly sure she's going to be a moving force in her next incarnation. A spirit that strong and giving doesn't simply evaporate into nothingness. I belong to the paddle club ("Clear!") and never got a clear look. It's exciting to think what's next on the menu. I don't fear it. I'm certain she didn't either. 

BLUF:  I was just awarded 90% for my combined rating on 16 April 2016! 

Here’s the quote from the AB8 letter that was just posted on E-benefits:

“This letter certifies that Michael xxxxxxxx is receiving service-connected disability compensation from the Department of Veterans Affairs.”

“The current benefit paid is as follows:

Gross Benefit Amount

$2,170.70

Net Amount Paid

$0.00

Effective Date

March 1, 2016

Combined Evaluation

90 percent”

    I wanted to thank everyone on this website who contributed their excellent knowledge and their personal experience in the VA claim process!  Your help is greatly appreciated. 
Background:  I retired on 1 Feb 2016 from the US Army as a SFC (E7) after 24 years and 1 month of service.  I forwarded my retirement paperwork/documentation via my chain-of-command to US Army Human Resources Command (HRC) on 29 Jan 2015 and received my approval for retirement on 4 March 2015.  Retirement date was set for 1 Feb 2016.
During this time period many senior NCOs and military retirees told me (lets’ say “pushed” me) to apply for VA benefits.  This was also pushed to us from the VA representatives during my Transition Assistance Program (TAP) course.  For those that don’t know, TAP is a mandatory 3-5 day course for all Soldiers that separate from the Army.  I was extremely reluctant to apply for VA benefits at first because I was only 43 years old and still able to physically function (good/satisfactory).  Yes, I was now on a walking profile due to years of wear and tear from running, but I felt fine.  I also had several other medical issues that have plagued me during my Army career.  I always thought, “Give those benefits to veterans who are truly having issues.”
Then an older retiree told me that you might feel fine now, but in 10 or 15 years your body may start to fall apart:  Get all your symptoms/conditions to at least show a service-connection so that you won’t have huge medical bills when you turn 60.  I decided to go ahead with the process.
Things I learned prior to retiring/separating that I would like to pass on for those still on active-duty and are in the process of separating in the future: 
1.        Medical Documentation:  Get your symptoms/conditions medically documented!  Start now!  I can’t stress this enough!  Some might say be a “Sick-Call Ranger.”  Call it what you want.  Start at least one year (minimum) prior to your separation or retirement and go to sick-call when you have a flare up/ache/pain and have them put your issue into their computerized medical system.  If you’re persistent enough you will get a referral to a specialist to look at your aliment (knee, back, ankle, etc.)
2.       Go to sick-call:  There seems to be a social stigma in the Army that you should just, “Suck it up, take 800 milligrams of Motrin and drive on.”  Yeah, I did that in my 20’s and early 30’s and my body recovered rapidly, but as you get older it’s more difficult for your body to recover as fast.  Please try to get yourself fixed before you separate or at least get your aliment medically documented.
3.       Take full advantage of the Benefits Delivery at Discharge (BDD) or Quick Start while on active-duty.  A lot of Soldiers I talked to who were separating just wanted to get out as quickly as possible.  On the other hand, there were many who knew about BDD program extensively.
4.       VSO:  Utilize them!  Before I retired I went to the VA office on Fort Hood at the Copeland Center.  They have a staff with very competent VSO’s.  They are overwhelmed, but they are professional and do walk-ins.  They took me step-by-step through the process.  I owe my VSO lunch for this!  Without them I would have never have been able to do this on my own.  For those that were able to do your VA claim on your own and were successful, I tip my cap off to you.
5.       Additional medical info:  Drop off any additional medical documentation for your existing claims to the VSO up to the day your claim is opened.  What does this mean?  Say you requested your medical records 6 months prior to leaving the service.  Assume you get your medical records in 30 days and submit your claim immediately (VA Form 21-526EZ).  You now have five months left before you separate.  What if you were still being seen by a medical specialist/doctor during this five month time frame for a medical condition?  The VA would never have your MOST CURRENT medical evaluations.  This is important if you have conditions that recur frequently in a 12 month timeframe and can impact your service related condition percentage.  You should submit further medical evidence up to the day the VA opens your claim if this is applicable. This will not prolong the “Gathering of Evidence” phase because the VA hasn’t even opened your file yet. 
Please let me post my timeline for those that are curious on how long this process took.  Again, this is my timeline and is not applicable to everyone.  Some people might even say I got lucky to have my VA claim completed in 75 days and get a 90% combined rating.  I respect your opinion.  I used the advice of this and various other websites to ensure I had my ‘ducks in row’.  Remember that preparation is the key.
I was told by my VSO that it takes an average of 120 days from the moment the VA opens your initial claim to completion.  Let me stress that every VA claim is different.  I was fortunate enough to do this on active duty.
Here is my timeline:
5 October 2015:  Attended VA brief at Fort Hood.   The VSO has you fill out the VA Form 21-526EZ step-by-step. 
9 October 2015:  Submitted a written/in-person request for my medical records through my medical clinic.
14 November2015:  Received two copies of my medical records on CD via mail. 
18 November 2015:  VSO reviewed my medical records with me in person and submitted the VA Form 21-526EZ on the same day.  I immediately signed it.  I received a hardcopy with the date/time stamp in the upper right-hand corner. 
23 November 2015:  E-benefits verified receipt of my initial claim (VA Form 21-526EZ).
1 December 2015:   Terminal leave started.
22 December 2015:  First C&P appointment for my eyes.  I was traveling so I had to reschedule. 
14 January 2016:  Second C&P appointment for my hearing and mental exam.
1 February 2016:  Officially retired.  VA opens my claim.  Dropped off my DD-214 and additional medical documentation for my existing claims to the VSO office at Fort Hood.  You can drop your DD-214 off earlier.
4 February 2016:  Full blown C&P exam.  Exam took about 3 hours.  Doctor requested further blood tests and several evaluations by other medical specialists.
4 March 2016:  Exams completed from the doctor who requested them.
17 March 2016:  My DBQs were currently at the VA office in Salt Lake City for review.  I did not know the exact date they got there.  NOTE:  A VA representative was able to show this date in the tracking system.   This individual was able to print out my 117 page DBQ/C-File, so I got lucky and got to see it.  He wasn’t really authorized to do this but he went out of his way to help all veterans.  Based off what he saw in the system he stated I should get a final decision in about 3-4 weeks. You can obtain this file after your claim is completed though.
4 April 2016:  “Gathering of Evidence” phase ended and went to the next phase on the E-benefits website.
14 April 2016:  “Notification of Benefits” phase started.
15 April 2016:  E-benefits website showed that my claim was “Completed.”
15 April 2016:  Completion time:  75 days – (opened on 1 Feb 2016).
16 April 2016:  E-benefits website showed my combined rating, rated disabilities, and my AB8 letter.
The VSO listed 17 disabilities on the VA form 21-526EZ.  I received a percentage for six of my disabilities and 0% for 4 of them.  Combined evaluation was 90%. 
One time period I didn’t put down was from 30 October 2014 to 8 October 2015:  During this time period I had surgery on my knee, did physical therapy, went to sick-call often for other conditions I had, and made sure that everything was medically documented.  I can’t stress this enough:  Go to sick-call and ensure that your aliments/issues/conditions are medically documented before separating!!

When you see a doctor do not make anything up that may be wrong with you; WARNING – Don’t malinger and pretend that you have something physically or mentally wrong with you.
Lastly, I’m a veteran of OIF and OEF:  I spent an entire year deployed to both Iraq and Afghanistan on separate occasions.  I also have several other deployments that didn’t last as long as a year but long enough; Turkey twice, Israel, and Kuwait.   I was just doing my duty and do not feel that I was anything special.  I did what thousands of military members did before me and many more to follow. 
 I just feel bad for our Korean War veterans, Vietnam-era veterans, Desert Storm/Desert Shield veterans, and pre-9-11 vets who have been shafted by the VA when trying to do their initial and follow-on VA claims.  I’m truly thankful that the VA claim system has improved during my era, and I would never truly understand the frustration that some of our previous veterans have gone through.  Without their lobbying of Congress to fix the system, I would have never been in this position.  I’m truly grateful to all those past veterans who have addressed these issues. 
In closing I wanted to thank everyone who helped me by providing excellent information on the VA claim process.  God bless you all!
Best regards,
Mike

From Vantage Point (VA BLOG)
 
Traditional Review
If you opt for a traditional review, a member of the RO appeals team reviews the decision on your claim to determine if it was processed correctly; if it was, the RO will issue you a Statement of the Case (SOC). An SOC lists the applicable laws and regulations related to that decision, all the evidence that was considered in making the decision and a detailed explanation of the decision VA made.
De novo Review
A de novo review is your other option. de novo, which means “new,” or “fresh look,” is a Latin term used by lawyers.  In a de novoreview, a DRO, who is a senior-level, highly experienced claim processor, looks at all the evidence of record (your entire claims file, including any new evidence you’ve submitted). The DRO can grant your appeal, deny your appeal and issue an SOC, or order additional development (such as a new medical exam or a request for additional medical records), if warranted.
 
My 2 cents;
RO is going to review you case either way.  You have to file the F9 within a year, if the DRO takes longer, you are sucking wind, adding another year to the start of the F-9 submission. So, if you have strong evidence that already exists in your file, that rises to the standard of a CUE, the De Novo review without a hearing is quickest way to resolve the dispute.  If not, file the Form 9 and add everything you can/need to substantiate your case.  The RO must review all of the new evidence and the existing evidence before it goes to the BVA.  If they dont grant your claim in the RO review, then they issue the SOC.

I filed my NOD November 2014 requesting a DRO review hearing.....That was with Roanoke VA.  I inquired about my NOD because nothing was happening January 2016.  I was living in Texas.  I got my DRO review hearing February 2016.  I did not have it with the original DRO but rather another DRO because the DRO I was supposed to have was sick.  At my DRO hearing I presented a binder to the DRO and I had the exact same copy in front of me.  I went page by page in the binder with him pointing out the discrepancies I found from my original denial in November 2014.  I also provided a letter from my VA Podiatrist stating it was "more than likely" that my contentions were service related.  I provided additional N&M evidence.  During my hearing, which last about 45 minutes, the DRO made comments along the way that seemed favorable.
What I didn't like is the fact that he stated 60 days for a decision which is NOT the case!  I am not going on 4 months since my hearing and according to my DAV rep I am RTR (ready to rate) but with dates of March 26th, 2016 to September 20th, 2016.
I would like to mention I chose the "informal hearing" with the DRO and I feel that speaking on my behalf was the best route possible.
I hope I am successful! 

I was successful with getting 100% P&T at the RO level by requesting a De Novo review.
Below is a summary of how this was done:
1- I filled a claim and was denied at the RO level.
2- Sent NOD with two Nexus letters. The RO cued themselves and granted 40%.
3- Sent NOD with three Nexus letters and requested a De Novo review. The DRO at the RO cued themselves again and granted 100% P&T. The second NOD took 15 months and 7 days to get 100% P&T.
Nexus letters are the most important key to winning a claim. All this was accomplished at the RO level.

I was successful with getting 100% P&T at the RO level by requesting a De Novo review.
Below is a summary of how this was done:
1- I filled a claim and was denied at the RO level.
2- Sent NOD with two Nexus letters. The RO cued themselves and granted 40%.
3- Sent NOD with three Nexus letters and requested a De Novo review. The DRO at the RO cued themselves again and granted 100% P&T. The second NOD took 15 months and 7 days to get 100% P&T.
Nexus letters are the most important key to winning a claim. All this was accomplished at the RO level.

My understanding is that de novo reviews by a Decision Review Officer (DRO) take place much faster than an appeal to the Board of Veterans Appeals. Is that correct?

I had success with my DRO review but a different kind of success. At the review this is were you can introduce new evidence and get it put into to your file. As opposed to waiting for the BVA to say wait this has to go back to the regional office to get reevaluated and put into claim. Also I spoke with my DRO to have my claim certified and submitted into the BVA to await for my appeal in under a month another problem most vets say they are waiting on the RO to certify your appeal. The DRO will and can help with that time delay if you ask them to help speed the process mine even told me this is something I cannot grant but can help get your appeal moving to the board. So I don't think your chances of winning are high but I think even if you don't you can use the DRO review to speed up the process to the BVA. I am still curious why people say 3 to 4 years for a DRO hearing I waited 7 months but that was with the help of Ms Hickey not to sure who if anyone is still helping Vets with wrongfully denied claims.

I was denied service connection for Bipolar Disorder several times in claims with VA. There was adequate evidence in my medical records to support service connection which was ignored. In order to get the VA to read and accept the evidence I got a DRO review (no hearing) and submitted the evidence through my congressman. I won last year!

I never had a DRO Review, but did have a DRO Hearing at my RO.
i Can't say a DRO Review is the way to go or not?
but if you can get a chance to have your claim adjuicate correctly and hopefully in your favor  using your medical evidence .
Request a DRO Informal Hearing
 You need to try to get your claim adjudicated at your RO Level and not have to go to the BVA (just my opinion)
if you have all the evidence you need to substantiate your claim I'd ask for a DRO Hearing and go there and look them face to face and present your case   along with  your medical evidence to back it up.
jmo
......................Buck

Folks:
I watched all of the Senate VA Committee testimony today on the new Proposed VA Legislation and read Sec McDonald's Testimony on the CP Claims (Increased  Standards) subject and don't think that it's going to even make it outside the committee --due to the lack of support? However, they also discussed  the new Proposed Appeal Processes Revisions and that's pretty exciting. The only problem that I see is that although it streamlines things a lot which should speed up the Appeals Processes a great deal, it puts more of the overall Appeals process into the hands of lawyers on both sides --which I'm not fond of? Also, a retired marine testified and stated that he applauds the introduction of appeals reforms for new appeals, but he wants the committee  to ensure that getting the older appeals done first is the priority of the new appeals. One statistic, I heard today, was that if they don't fix this the appeals process now that it's going to take up to 10 years to settle an appeal in the future and within that time frame there will be about  2 million claims more backlog?
 
Rootbeer22
 

Yesterday I found out my approval for permanent and total status for my PTSD had been finalized. I was approved for SMC L for PTSD earlier in the year. I'm 31 years old and there is no way my 100% P and T SMC L rating would have been possible if it weren't for the invaluable information contained on this message board. There is still a rocky road ahead I'm sure, but I at least have comfort in knowing my family has security in a way I never thought I'd be able to provide.
Thank you to you all, from the site operators, moderators, to the members. The wealth of information you guys provide is invaluable and I feel nothing short of blessed to have discovered this message board.

GREAT News!
I hope the EED was correct.
You had excellent evidence to warrant the SMC L award.
And evidence is what it all takes!

I am 100% P&T.
I have no other SC %.
My Wife and I submitted two vA FORM JUN 2008 21-2680 along with two Nexus letters; One nexus letter for each vA form 21-2680 submitted. Five months later Aid & Attendance (L) was granted.
I composed the vA form and Nexus letters and my two private doctors (non vA) signed off with no hesitation. vA doctors may help, but probably not.
The big surprise was not being forced to do C&P exams. The vA did call to schedule C&P exams, but I told them I could no longer travel 200 miles in a car.
MyHealteVet showed vA doctors reviewed the two 21-2680 forms and Nexus letters, and did not disagree. Five months later I got SMC (L).

VA sent out their Voc Rehab counselor to present me with the Individualized Independent Living  Plan (IILP). They chieu hoi'd and are not going to play keepaway. Seems someone in DC said "We don't want to see this at the CAVC." Full size and full hydroponics. He forbid growing pot in it though as its a federal grant. Two year plan and they pick up the propane and electricity bills during that time. All the hydroponic computer gear, 12 2000W halide lights, raised tables, storage tanks, pumps. Plumbing, wiring and propane gas utilities hooked up. Just add seeds (not included). It only took five years and a trip to the BVA.
amen.

I've tried it all. Blogs, claims appeals etc. I finally hit on going and meeting them face to face. I had the pleasure of meeting Judge  "Saint" Mary Schoelen last spring in San Francisco. This year it was Judge Alan Lance. This cuts closer and dodges the 2 year FNGs in Congress. CAVC Judges are around for 20 years. Same for VLJs. I even had a good one-on-one with Ken Carpenter about my panel for EAJA fees. This is where Justice for Vets was born. 
http://asknod.org/2016/03/15/bva-phil-cushman-never-heard-of-him/
 
Clear to active runway