ardodd

No new updates today. As we did meet the Vet Rep last night. The President of that chapter forgot to let him know that we were coming, so he was not prepared.
We are scheduled to meet with him on this upcoming Tuesday.
I was able to prepare the document outlining those things concerning the 1999 Claim. And give him a copy of it to look over before our next meeting. And while I was at it I also made a document that outlined each one of the years that we for Albert's Disability.
Today's task is to set down and go through the SOC Hearing for instances that refer to "Unemployability" and highlight them.
Like @Berta and @Lemuel you both mentioned that it is in the best interest for my husband to move forward and focus on right now.
Right now are awaiting the Decision from his PTSD C/P Exam. It seems that the last time he had one it took maybe two weeks for them to Approve his increase from 50% to 70% for Depressive Disorder. Hopefully that will happen in this case.
He is scheduled for a C/P Exam on Friday with a Orthopedic NP. This C/P Exam should cover all the Secondary Disabilities that I Claimed for him with regards to Orthopedic/Neurological Disorders. The reason I added so many Secondary Disabilities is because it may have started with his knee's but directly affects his whole body. As funny as it looks the picture I did kind of illustrates what happens to the human body when something like the knee's have a disabling affect. The one on the left side shows the human body if nothing has happened to it. And the one on the right shows the human body when his knee's started going bad and caused problems all the way up.
I may even give him some crayon's and let him draw a stick body at certain points in his life. This way he can relate to the time and the condition he was in then. It may seem childish of me, but it will allow him to refresh his memory.

I just received an email from the VA re pro bono legal services. There are 4 clinics in Alabama.  Don't know if they will take your case, adodd.
https://www.va.gov/ogc/docs/LegalServices.pdf
 

This post is much clearer.  He can ask for TDIU presumptively because of his current rating.  He probably hasn't previously claimed it.
That would be the first claim to get in.  I had requested TDIU in 1987.  It had never been developed as some of your husband's claims haven't.  But it enabled me to get a BVA decision on May 11, 2017 granting me TDIU back to my first combined rating of 70%.  But I was appealing that claim dated in July of 2009.  Back pay of 8 years.  And, additionally, a remand to develop my first claim for TDIU.
So look through his record carefully.  Even if he said he was "unable to work"  in a letter or on a claim from it is an informal claim of TDIU and they should have developed it.  If they did try and because of his mental state he didn't do the necessary follow up it is as Berta presented above.  An ADA case.  They took advantage of his disability to deny him compensation.
It is clear Mr. Dodd was highly mentally functioning at some point and still has enough left to get Berta and I to know there was a real problem with the way he has been treated.  Keep in touch here and we'll do our best to help.

Ardodds wife-
Ps, in case I cant get back here today-
I do understand how difficult it has been for your husband to deal with these issues.
I dealt with the same problems when my husband was alive (100% SC PTSD and also 100% stroke)
Neither my husband or your husband has/had any problem with their intellect-they are both obviously smart men -and many  MH vets ,once they get a handle on the VA War of the Words,  can successfully fight back.
But the VA , in my opinion, will take full advantage of a veteran who has valid issues, yet who either does not appeal in time or appeals in the wrong way, because they know the veteran has a MH issue, and this VA stuff can become overwhelming for them.
After my husband messed up an EEOC case he had against VA ( I rehearsed the Main question I knew the EEOC investigator would ask him, and his answer was always Yes)-
but for some reason at the deposition ,when the investigator asked him the same question, he said 'no, not really' and althjough his case was superb ( I had prepared it all with plenty of evidence) the investigator turned and gave me a hideous smile when he said that- the case was lost, EEOC knew it and I knew it.
When he had an ADA EEOC matter years later I did all the legal work myself and luckily he did not have to talk to the EEOC lawyer, who talked to me because I had prepared the case and evidence for him.
He won. It was the first ADA EEOC discrimination case awarded in NYS.
The federal contractor EEOC found against  due to discrimination due to SC disability ( within a few months) had to make a cash settlement.
These things happen because anyone with a major MH disability  can have memory problems, can often mix up the timeline of events, and even get mind set over one way to proceed with a claim, but there might be many ways to proceed that they didnt think of. 
I am so glad you are helping your husband. SC MH disabilities are never the fault of the veteran. But between having this type of disability and dealing with the VA can become very convoluted.
It would be great if vet reps ( as a fresh pair of eyes on complex issues) could simplify claims issues better.
But many of them dont have a clue or if they are good reps, they are burned out most of  the time.
I think the best vet rep anyone could have is who they see in their bathroom mirror every morning.
It might be a reflection however of their Spouse!
Thank yu for supporting your husband. I know spouses who could care less aout their vet spouse's claims issues...
yet their attention, help and  input could alter their lives.
 
 
 
 
 

You are right about the DUTY TO ASSIST regulations being relatively new.  I just noticed that when I tried to find them in old 38 CFR chapter 3.  1990 and earlier.
Did you have a TBI?  That may explain your effort of trying but not accomplishing the minimal effort.  Even if the TBI was post service.

VA's duty to assist spelled out:
§ 21.1032 VA has a duty to assist claimants in obtaining evidence.
(a)VA's duty to assist begins when VA receives a complete or substantially complete application.
(1) Except as provided in paragraph (d) of this section, upon receipt of a complete or substantially complete application for educational assistance under subpart C, D, G, H, K, L, or P of this part, VA will -
(i) Make reasonable efforts to help a claimant obtain evidence necessary to substantiate the claim; and
(ii) Give the assistance described in paragraphs (b) and (c) of this section to an individual attempting to reopen a finally decided claim.
(2) VA will not pay any fees a custodian of records may charge to provide the records VA requests.
(Authority: 38 U.S.C. 5103A)
(b)Obtaining records not in the custody of a Federal department or agency.
(1) VA will make reasonable efforts to obtain relevant records not in the custody of a Federal department or agency. These records include relevant records from:
(i) State or local governments;
(ii) Private medical care providers;
(iii) Current or former employers; and
(iv) Other non-Federal governmental sources.
(2) The reasonable efforts described in paragraph (b)(1) of this section will generally consist of an initial request for the records and, if VA does not receive the records, at least one follow-up request. The following are exceptions to this provision concerning the number of requests that VA generally will make:
(i) VA will not make a follow-up request if a response to the initial request indicates that the records sought do not exist or that a follow-up request for the records would be futile.
(ii) If VA receives information showing that subsequent requests to the initial or another custodian could result in obtaining the records sought, reasonable efforts will include an initial request and, if VA does not receive the records, at least one follow-up request to the new source or an additional request to the original source.
(3) The claimant must cooperate fully with VA's reasonable efforts to obtain relevant records from non-Federal agency or department custodians. The claimant must provide enough information to identify and locate the existing records, including -
(i) The person, company, agency, or other custodian holding the records;
(ii) The approximate time frame covered by the records; and
(iii) In the case of medical treatment records, the condition for which treatment was provided.
(4) If necessary, the claimant must authorize the release of existing records in a form acceptable to the person, company, agency, or other custodian holding the records.
(Authority: 38 U.S.C. 5103A)
(c)Obtaining records in the custody of a Federal department or agency.
(1) VA will make as many requests as are necessary to obtain relevant records from a Federal department or agency. These records include but are not limited to:
(i) Military records;
(ii) Medical and other records from VA medical facilities;
(iii) Records from non-VA facilities providing examination or treatment at VA expense; and
(iv) Records from other Federal agencies.
(2) VA will end its efforts to obtain records from a Federal department or agency only if VA concludes that the records sought do not exist or that further efforts to obtain those records would be futile. Cases in which VA may conclude that no further efforts are required include cases in which the Federal department or agency advises VA that the requested records do not exist or that the custodian of such records does not have them.
(3) The claimant must cooperate fully with VA's reasonable efforts to obtain relevant records from Federal department or agency custodians. At VA's request, the claimant must provide enough information to identify and locate the existing records, including -
(i) The custodian or agency holding the records;
(ii) The approximate time frame covered by the records; and
(iii) In the case of medical treatment records, the condition for which treatment was provided.
(4) If necessary, the claimant must authorize the release of existing records in a form acceptable to the custodian or agency holding the records.
(Authority: 38 U.S.C. 5103A)
(d)Circumstances where VA will refrain from or discontinue providing assistance. VA will refrain from providing assistance in obtaining evidence for a claim if the substantially complete or complete application for benefits indicates that there is no reasonable possibility that any assistance VA would provide to the claimant would substantiate the claim. VA will discontinue providing assistance in obtaining evidence for a claim if the evidence obtained indicates that there is no reasonable possibility that further assistance would substantiate the claim. Circumstances in which VA will refrain from or discontinue providing assistance in obtaining evidence include, but are not limited to:
(1) The claimant's ineligibility for the benefit sought because of lack of qualifying service, lack of veteran status, or other lack of legal eligibility;
(2) Claims that are inherently not credible or clearly lack merit; and
(3) An application requesting a benefit to which the claimant is not entitled as a matter of law.
(Authority: 38 U.S.C. 5103A)
(e)Duty to notify claimant of inability to obtain records.
(1) VA will notify the claimant either orally or in writing when VA:
(i) Makes reasonable efforts to obtain relevant non-Federal records, but is unable to obtain them; or
(ii) After continued efforts to obtain Federal records, concludes that it is reasonably certain they do not exist or that further efforts to obtain them would be futile.
(2) For non-Federal records requests, VA may provide the notice to the claimant at the same time it makes its final attempt to obtain the relevant records.
(3) VA will make a record of any oral notice conveyed under paragraph (e) of this section to the claimant.
(4) The notice to the claimant must contain the following information:
(i) The identity of the records VA was unable to obtain;
(ii) An explanation of the efforts VA made to obtain the records;
(iii) The fact described in paragraph (e)(1)(i) or (e)(1)(ii) of this section;
(iv) A description of any further action VA will take regarding the claim, including, but not limited to, notice that VA will decide the claim based on the evidence of record unless the claimant submits the records VA was unable to obtain; and
(v) A notice that the claimant is ultimately responsible for obtaining the evidence.
(5) If VA becomes aware of the existence of relevant records before deciding the claim, VA will notify the claimant of the existence of such records and ask that the claimant provide a release for the records. If the claimant does not provide any necessary release of the relevant records that VA is unable to obtain, VA will ask that the claimant obtain the records and provide them to VA.
(6) For the purpose of this section, if VA must notify the claimant, VA will provide notice to:
(i) The claimant;
(ii) His or her fiduciary, if any; and
(iii) His or her representative, if any.
(Authority: 38 U.S.C. 5102(b), 5103(a), 5103A)
[ 72 FR 16965, Apr. 5, 2007, as amended at 74 FR 14665, Mar. 31, 2009]
 

As I understand it there are 4 avenues of redoing a Rating decision.  CUE back to original claim.  New evidence from date new evidence is supplied.  "Duty to assist" complaint.  (I only know this exists because it was mentioned in my BVA Decision) and Medical Malpractice to the date of incident.
I don't know of any other ways.  You need to quote the 38 CFR sections that apply.  I don't have time at the moment to drag them out of my files.

To get it keeps changing because of the try at integration of computer systems.
I received my last CD From this address:
Department of VA, Records Management Center
DEPARTMENT OF VETERANS AFFAIRS
Records Management Center
P.O. Box 5020
St. Louis, MO 63115
I would recommend sending it directly there.  It doesn't mean you'll get all you need.  I didn't as can be seen from my Motion to Correct the RBA at the CAVC.  Many of the things I received in the 3,157 page CD from them weren't in the 4,529 page CD received from GC as the RBA.  Plus additional VA medical records that should have been in both are missing from both.
You can also submit an FOIA request to the Evidence Intake Center.
I'm attaching a redacted copy of my request that got the 3,157 page CD when I discovered much was missing from the 1420 page CD sent to my attorney.  Mine is probably more complicated than yours needs to be.
 
Army Discharged, retired, or separated from any component 10/16/1992 to 12/31/2013
Department of VA, Records Management Center on or after 01/01/2014 AMEDD Record Processing Center Navy Discharged, retired, or separated from any component 01/31/1994 to 12/31/2013 Department of VA, Records Management Center on or after 01/01/2014 BUMED Navy Medicine Records Activity Air Force Discharged, retired, or separated from any component 05/01/1994 to 12/31/2013 Department of VA, Records Management Center on or after 01/01/2014 AF STR Processing Center Discharged or retired from Reserves or National Guard 06/01/1994 to 12/31/2013 Department of VA, Records Management Center on or after 01/01/2014 AF STR Processing Center Marine Corps Discharged, retired, or separated from any component 05/01/1994 to 12/31/2013 Department of VA, Records Management Center on or after 01/01/2014 BUMED Navy Medicine Records Activity Coast Guard Discharged, retired, or separated from Active Duty - Reservists with 90 days active duty for training 04/01/1998 to 09/30/2014 Department of VA, Records Management Center 20160811 FOIA request_Redacted.pdf

Your RO set you up for "new evidence" which requires a new claim and is dated from that date.  I'm not sure you could claim a CUE except that the RO didn't wait for the evidence.  Still they will claim it wasn't available to him/her.  You'll have to quote those specifics in 3.159 and draw a reasonable judge.
There is that caveat in each provision from your C&P file:  "We are withholding all information which if disclosed: would fall under the deliberative process privilege under FOIA Exemption 5 [5 U.S.C. § 552 (b)(5)]."
It was not in the Record Before the Agency but items were still missing.  To give you an idea, the CD that contained the caveat above was dated 02092017 and 3,157 pages.  The RBA CD dated 11072017 has 4,529 pages with probably another 1,000 pages still missing that ROs didn't get back in the file so the most relevant pages.
In my case most of it is copies from my medical file which should still be intact if I can get a new copy of it as requested or at least the portions that are clearly missing.

MANY of us  Hardcore claimants know that regulation by heart.
MANY here have had their pre VCAA and post VCAA rights crapped on.
And recently we had a vet who thought "duty to assist" meant that the VA would actually obtain evidence to support his claim, and that was evidence he should have obtained. It regarded finding proof of his multiple alleged exposures to all sorts of stuff inservice, and proof of how it caused his current disability.
That was the claimant's job, not the VA's.
I asked the BVA to remand a claim I had ,due to a VCAA violation. The BVA agreed but remanded for one more VA Opinion.
When the remand was done ( I knocked down the PA opinion myself  ( BVA asked for a cardio opinion, not a PA opinion, and I knew more about CArdio than the PA did , and BVA disregarded it)
the BVA raised the VCAA violation but stated my evidence had mitigated the damage of the violation and awarded.
This was the same claim I mentioned here somewher else this AM- that the VA had refused to re=open because they said the claim involved the same 1151 death  (prior DIC award).
That was BS and I fought back.The 1151 death was changed to direct SC death due to AO DMII.
You stated in this thread:
"I have tried since then to have this Claim Reviewed and Reopened but have been Denied. And when they finally did Grant a Service-Connected Disability it was in 2015 for guess what?
Osteoarthritis of both knee's **Traumatic Arthritis** and rated for 10% each.
How do i fight this? Any help is appreciated."
Did you appeal the 2015 decision in time?
Is that decision in one of the scans? I couldnt find it.
 
 

Mike Hunt,
That is good info, but getting the truth out through the media helps to stir up additional interest from the people. Get them interested and involved could mean a much greater response to the Congressional reps.
 
Keli,
This might not be Houston specific, but might be helpful about C&P exams for claims.
When a veteran has a C&P exam for a claim where range of motion (ROM) is involved, the C&P examiner is required to use a goinometer (like a protractor) to measure the movement. Like many other veterans, I have had exams where they simply failed to use this device. If you ask the examiner, "Say, aren't you supposed to be using a goinometer?" many examiners might take it as an insult and say "I have been doing this long enough and do not need to use one". They proceed to 'eyeball' it. I actually had a C&P exam here in Birmingham from a neurologist. He refused to use the goinometer, performed the exam with one hand while eating a submarine sandwich in the other.
Why is this important? Because a 1 degree difference in the ROM measurement could mean the difference between being evaluated accurately vs. receiving a low-ball rating.
Additionally, there are painful motion/functional loss factors, which are equally important. Let's say you can bend all the way (max ROM), but pain kicks in at a certain point (limited ROM). Some examiners will wrongly use the max ROM, but should instead be using the limited ROM. Another instance where the veteran may be given an inaccurate low-ball rating.
 
 
In addition, nexus statements are a major source of heartburn for veterans. A nexus statement is required for service connection in most cases, except presumptives. The VA tries to limit these to being performed only be C&P examiners because they claim they require special training and have access to things like the claims file. This means that a veteran might have everything they need to win a SC claim, but are put through VA red tape to get that one critical element. In some situations, this may be best, but it is possible for other VA doctors to do this. For example, if the veteran is already SC for something and it causes secondary disabilities.
 

@Keli 
I am positive that you will find plenty of veterans to interview in Houston and the surrounding areas. Best of Luck with your endeavor.
I am from Louisiana and have to go to Shreveport, Louisiana VA Hospital "Overton Brooks" if you ever need someone from my area.
Just a few questions if I could ask them:
1) What specifically is it that you are aiming for?
   a) C/P Exams in general
   b) C/P Exams by Nurse's not by Doctors
   c) C/P Exams where they do not use evidence to support claim, but rather only use what evidence they feel is needed for just that one exam.
2) How the VA does or will not send you to the proper Certified Medical Examiner?
   a) How the VA uses Nurses to examine Veterans for a specific condition and not that of a certified medical doctor.
   b) How the VA manipulates who is seen in orthopedics and when.
   c) How C/P Nurses can falsely fill out a DBQ ( Disability Benefits Questionnaire ) that affects the outcome for Benefits and Retro-active pay.
3) How DRO or RO ( Decision Review Officer or Review Officer ) will send the Veteran for a Examination with a Nurse.
   a) C/P Exams are done by nurse's now and does not have to be certified by a doctor.
   b) C/P Examiners ( Nurses ) only have to pass the exam the VA gives on how to fill out the paperwork.
   c) C/P Nurse Examiners are not Board Certified Medical Doctors
 
But in all instances the VA has decided to use the Nurses in place of Doctors and the outcome has shown that their lack of medical knowledge and experience affects the outcome of the veterans claim.
I am one of those who has been examined by Nurse's and on all three instances they did not have the medical background or experience to be giving Medical Opinions.
Here is a analogy that may help you understand the difference in Quality Care and Quanity Care.
Analogy:
Would you go to a eye doctor for a colon scope?
Would you go to a podiatrist for a heart by-pass?  
Imagine your health care benefits for minute....
When you have problem with your back you go to a Orthopedic Doctor. They will run a MRI - Cat-Scan - X-rays to find the source of the problem and see if affects your legs with numbness or pain that radiates down your leg.
For most veterans they send us to x-ray and have the technician read the results. Not a Radiologist.
When it comes to your health Do you Trust a nurse playing Doctor or Do you Not trust their unknowledgeable and unexperienced Opinion? 
Doing stories or news reports about veterans not being treated fairly is not the Top Headline Stories needed to turn the VA around. What is needed is to make the firing of wrong doers stick. And in my little opinion even knowing that VA supervisors can just go to court and the courts turn around and say that they can not be fired.
Well in all honesty if we Impeach the President and other Officials. We should in our own rights be able to Impeach any federal employee that has or repeatedly harmed my fellow american veterans and taken some of lifes with their dirty little tricks.  

Thank you for the clarification on that. I was trying to read it all but did not fully understand it.
Thanks.

Thomas you are correct as I have found several things in my C-file where evidence was submitted and never sent out to the RO. And it is not even funny as they spend more time covering stuff up than actually setting down and looking at it in the correct way.
But again they are VA and we are the enemy.  

Thank you for your introduction. I am,here to learn as much as I can. As it seems that I along with most others are here out of necessity as we are left with dealing with the VA System for ourselves.
I would be honored to hear your advice and listen to your knowledge. As I know that I am not the only Veteran that is stuck with Defending our on Claims. And I know that there are many other Veterans that are going thru the same process of learning that 90% of all Claims were not sent in properly. I know my Claim has been misrepresented for over 25 years now.
And until this year I accepted it as Status Quo, that is until I took an Active roll in Why my Claims for a Service Connected Disability could be so erroneously Denied for 25 years and told they had no record of it and told well we did not have to provide or grant you a exam.
So I need to learn what applies and what does not apply along with learning all the CFR's and Special little tricks the VA use's to stall the process.
I am in the Appeal Process and waiting on a DRO of my case. So I am building my own factual background and findings of "How the VA handled my Claim."

By the way Thanks for Your Service to Our Country.

Hello to everyone here. I am new and want to introduce myself. I am a USMC Veteran that was Medically Discharged in 1990. I have been seeking Disability Compensation since that time.
I am here to find answers to my questions and help others if I have any knowledge of the subject myself.
So I hope to meet as many people as possible and get to know everyone soon.

I am new here and while doing my homework for my Claim. And filing my Appeal, I have witnessed that since the RO has to do a SOC now that they are contacting me about my Claim and letting me know they are there to help. But when it comes to submitting new evidence that you have for the VBA I did get a letter stating I needed to submit it to the one of the two places mentioned. If it is old evidence or lack of evidence on the PRo's part then they will be asking for your help.
I for one am reluctant to provide the PRo's office with new and material evidence they so just happened to not get by some unforseen act of God on their behalf. I would believe that me or anyone would want to get the information to them as quickly as possible to process. But on the other hand if you can submit evidence that the VA RO had the chance and opportunity to gather but used the old saying that you have to get the information yourself and get it to us for consideration. W
I say this with honesty and sincerity that if I signed the Release forms for them to they the Medical,evidence from the source themselves and they chose to use the "We don't have to help you get evidence" saying. And you can provide that proof to show they did not try to help you and the evidence shows that you were right, then why let them off the hook now. I know they refused help me prove my Claim so if I can turn it around and show negligence on their behalf and the evidence has its own merits. They don't have to get a copy of what I am submitting for evidence.
You can say that I have frustrations and should try to help out by giving them a hand, well I say why help them if they were not willing to help me before it got to the point of have judge or someone review the evidence to see if they did their job.