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ReallyAngry

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About ReallyAngry

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    E-3 Seaman

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    Army

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  1. Sorry, not what I meant. I've been 100% TDIU since 2009, I think. It was a while ago. I put in the claim that got the radiculopathy a few years after that. As for the CUE or what have you at the first exam, because of all of the other things going on currently (I've got several issues on remand from BVA right now), they wanted no part of me... A lot of work involved for little or no return on the appeals currently in play. Now, if someone was willing to fight for me going back to exit from service, that would be different. There's a huge potential for retro there, IF it rises to the level of a CUE.
  2. Thank you, kanewnut. (you, too, GBArmy) I find your responses at least encouraging. I hate to keep bothering the senator, as there have been several times he's helped me already. I just don't understand why an organization that is supposed to stand for doing what is right encourages and defends those who lie and cause harm to the veteran. I've had them attempt to provoke me in the hopes that I would lose it, say or do something out of line, and get locked up. There are sick people in some places who seem to get kicks out of hurting others. Then a veteran kills himself and everyone acts nice for a while, until the public looks away again.
  3. Please forgive me for not explaining. Attorneys gets nothing if you're already 100% and there's no retro to pay them with, so either you pay them or they ask you to politely move along. I can say this because I've already been turned down by several attorneys for this very reason.
  4. I'm so tired of fighting them. They know it. They lie. I'm sick of it. Here's my situation: I filed a claim several years ago now, and the VA closed it. They never notified me. They claimed they did and that I missed the window of appeal, but I contacted my senator and, guess what--the VA conceded that it had closed my claim without notifying me. They reopen the claim. I wait. They send me to an examiner. I wait. They grant me a rating and service connection for radiculopathy both legs, 10% each, but they give me a connection date of when they reopened the claim, not when I filed originally. The VA, in response to FOIA requests from a few years prior,, also then sends me my C file within a couple weeks of their decision. I look at the examiner's findings on radiculopathy and see that I should've been rated at least 40% on both legs. I file an appeal for both the service-connection date of original claim and proper amount, but I first write them a letter about it, since they claim I don't need to file an appeal to get it fixed. I give them time to respond. They do not. I file an official appeal/NOD to ensure that my right to appeal is protected in spite of what they told me over the phone. A few months ago I got their decision. They said that my letter did not rise to the level of an appeal, totally ignoring the appeal I filed within my right to appeal window. Strangely, in VA.gov, it shows that I am rated 10% bilaterally for radiculopathy in both legs, and 40% bilaterally for the same. ??? Now then, I've been engaged in battles with the VA for 25 years. During my first VA exam the doctor touched me in an inappropriate manner, and when I did not respond positively, he kept certain things from the VA, reporting to the VA that I suffered a buttock contusion, rather than the sacrum contusion that was in the medical record, told them I was on no pain meds, when I was, and when the radiologist said that I might have a fracture or a congenital bone defect, he reported it to the VA as a congenital bone defect. That was 25 years ago. Now, I'm tired. To make it worse, my father who is 85 almost died last December, and I've spent the past six months trying to put affairs in order and prepare for the worst. When I received the decision from the VA showing that it didn't matter that I had filed an official appeal, that they chose to use the letter instead, I gave up. I just did not want to fight anymore. I simply did not respond. I go into VA.gov today, and guess what I see, "You withdrew your appeal." I did? I withdrew my appeal? Funny how things happen. So, what do I do? I'm already 100% combined. I don't want to just give up because my kids need college benefits, and the VA wants to keep me on TDIU so that they might reduce me later because of depression. But what is the point of fighting when the VA will ignore the truth and spin things to their own advantage? Similarly, in 2010, their examiner opined that my SI joint dysfunction was at least as likely as not related to my S/C condition, but they also asked her if they were one injury or two separate ones, and she said two. She said it was a totally separate injury so they denied it, even though she was clearly attempting to say it was S/C in her opinion. And that is one of the issues on remand from BVA. Could someone with some insight point me in a direction? I can't afford attorneys and nobody will help me because I'm already at 100%. The service organizations aren't helping me at all.
  5. Because if I'm missing out on something, I'm going to appeal this decision, or go for a CUE. If there is one thing I've learned from the VA, it's never take no for an answer and never trust anything they say. I'm 100%SC for a reason, and it has nothing to do with lying down by the side of the road and dying, which is clearly what they want all of us to do.
  6. Regarding my statement that they lied, they had nothing in the ebenefits and nothing anyone on the phone lines could tell me about the progress on my claim over 2 years after I filed so I contacted my senator. Suddenly, there was entered into ebenefits information showing that they sent me a decision letter back in 2014 and I failed to respond, leaving me outside the window of appeals. I complained to Bob McDonald, and others, and filed a complaint with the OIG. Suddenly, everything changed and they scheduled me for an exam and made a decision on my 2013 claim. But they have never given me the correct effective date for this, and I want to know why. What is their reason for making an issue of this one thing?
  7. The first time they made the decision, they went through the most recent records and gave a date based on the most recent medical records showing when I happen to mention problems related to radiculopathy. Their own examiner listed a date that I confirmed by going back in my c-file to the records of date she mentioned. They turned around and increased my rating based on her findings, but then gave me another date, more recent and completely arbitrary without explanation for reason of that effective date. By my thoughts, it seems that the effective date should've been when I filed in 2013 or maybe a year prior if what you say is true. Heck, depending on how you look at it, perhaps they should've assigned s/c and rating all the way back to my 2002 back decision, because the symptoms were there even then. So, why is the VA fighting me on effective date?
  8. Okay, let me say it again more succinctly: 1. Was TDIU already when I filed for the radiculopathy in 2013. 2. VA put into their system that they sent me a denial and I failed to respond. A lie. 3. Contacted some VIP's in DC and the VA back-peddled and gave me an incorrect rating that did not take into account their exam which was done 1 day before decision was made. 4. VA also assigned incorrect date based on first appearance of symptoms in my medical file. 5. I filed a request for reconsideration pointing out the examiner's findings and the correct rating, also pointing out dates she listed from my medical record which go back all the way to service in the 90's. 6. VA responds with correct rating, but fails to even address the effective date issue and assign me an arbitrary date later than even their previous decision. My question again, why is the VA fighting me on the correct effective date?
  9. No, as I said, I was TDIU, but now I'm 100% combined. And it wasn't a denial, again, it was an incorrect rating. No mention of any exams though.
  10. Just got my letter for 100% from the VA on a reconsideration because the facts presented were pretty cut and dry--VA did not consider their own exam, made a decision one day after the exam was performed, and failed to give me the correct rating. They assigned me 10% radiculopathy in both legs when the examiner found evidence that supported 40% on both sides. Funny how that works. What they weren't counting on was the fact that I had requested my c-file over 3 years prior and it was sent out just after all this was done so I could see the exam immediately. They suggested I do a reconsideration rather than an appeal, so with clear intent to follow up with an appeal if they did not provide a fix within my time limits, I went with a reconsideration. Took them a few months to get it done, but they granted 100% now with the added 40% on each leg. I provide this information for the benefit of others with similar issues. Now, here's my problem. I applied for an increase in benefits back in 2013, which they promptly ignored and lost and put into their system that I was contacted but failed to respond within time limits. I contacted Secretary McDonald, Allison Hickey, and Al Bocchicchio, and explained to them what went on. I also filed a complaint with the OIG. Within a couple of days I got a phone call from the VA acknowledging that they did what I say they did and re-opened the claim. Amazing. Anyway, the original decision that came out of this assigned an invalid date (this was the 10% decision on both sides). They said they used the first appearance of radiculopathy symptoms which they used a more recent date in my medical file than the oldest appearance used by their examiner who actually looked back through my history and gave a very old date, I think it was around 2000. Anyway, that's beside the point. The point is, when I asked them to reconsider the decision, I mentioned that they did not assign the correct effective date because they did not use the date the claim was filed in 2013, and I asked them to reconsider the effective date of claim, since the symptoms actually appear in the record much earlier than the date of filing as evidence by their examiner's statements and the records themselves. In their decision, received today, they assigned a new effective date of November 5, 2015, and gave no reason for assigning that date or for failing to address the issue at all. There is no mention of it in their letter. SO... Sorry for the wall of words. MY QUESTION TO YOU: Since I was already 100%TDIU at the correct date of filing, does it matter if they fix this? Why are they fighting the correct date on this matter so hard? What benefits am I or my family missing? Or is there some other reason I'm missing? Please help me, Hadit.com, you're my only hope.
  11. I went to a BVA hearing at the Atlanta VARO a few months ago, and I had an experience I wanted to share. Just one more reason why I don't trust the Atlanta office. While waiting for my hearing, we were told to stay in the cafeteria. While there I witnessed two VA employees discussing a veterans claims loud enough to be overheard. I didn't hear any names mentioned, but I still found it offensive because they were laughing and one of them mentioned how this particular veteran had already received a large retro payment and made some further comment that I cannot remember clearly now, but at the time I got the distinct impression that the veteran was being looked down because that didn't make an end of all his issues. It confirmed for me what I've long suspected about this office and the attitude that some employees have toward veterans. It's a shame they were too busy joking on this veteran to notice that non-VA persons were present to hear it. Anyway, you can take this as he-said, she-said, or you can believe it. I was there. I won't forget how they laughed at the troubles of another veteran who is an actual person on the other side of the paperwork they shuffle around. For what it's worth, they could have been discussing me because I had a large retro once, because it took 7 years and the BVA telling them to do their jobs for them to make it right, but that isn't my only claim before the VA and that one large retro didn't fix my life... in fact, it only covered some of the debt accrued while waiting on them to make things right. Good luck if you live in Georgia, because these guys are not in our corner.
  12. My bad. I didn't read carefully enough, and I didn't realize the bit about the VHA vs. VBA. Funny how that works, isn't it? Only one reason that i can see for it not counting with both sides. As for the DRO hearing, I'm not sure how I feel. My DRO review didn't change anything, so I'm not sure how the hearing will be any better. The guy who did mine just repeated the same mistakes that the guy before him made. Perhaps if I could afford a decent attorney... As it is, when you're not talking about a serious retro-payment possibility, it's all out-of-pocket. From the day I got my TDIU, attorneys haven't been very responsive as it's all just locking in benefits from there on. Frankly, I don't trust anyone at the VARO to make the right decision in my state since they have made their position abundantly clear on every claim and appeal I've filed--deny until I die or the BVA forces them to fix it. I went to a BVA hearing 2 weeks ago, and the only contact I've had from my VSO in the last 8 years was him staring at me across his desk that morning. What a waste. I must be doing something right because I'm TDIU and 90%, without any support from a VSO--but that rating is going to change after this reconsideration/appeal. VARO decided on my claim 2 days before I went to the exam they scheduled, and the exam shows they screwed up big time. They gave me 10% for each leg on radiculopathy, and the examiner's findings support 40% on each leg. Guess we know why they didn't wait for the results, eh? Sent me to a third party contractor, too, in the hopes that I'd never get a copy of my C-file this quickly because a FOIA request is the only way to get to see those records short of going to the VARO in person. Luckily, I just so happened to have requested my c-file about 3 years ago, only to have it arrive one week before my BVA hearing. Ladies and gents, always get a current copy of your C-file because I found a denied claim in mine that the VA never sent me. Luckily it was only from November. Anyway, reconsideration, I'm filing one, but I've got a year to get my NOD turned in if they don't get to it before then.So, if anyone's curious, I'll let you all know how the reconsideration goes.
  13. Hey, I found this online. Is it valid? http://www.benefits.va.gov/warms/docs/Regs/38CFR/BookI/Part17/s17_133.doc According to this, a submitted request for reconsideration shall constitute a notice of disagreement for purposes of filing a timely NOD. Thoughts?
  14. Latest update on this problem--GOOD GRIEF! So, I got the letter. The issue that they are presenting as the claim was only one symptom on the list of issues from my claim that they cancelled. They've scheduled me an appointment at QTC for that one symptom. I asked them for increases in ratings on all of my service connection issues, and the issue on the letter is regarding shooting pains in both of my legs as secondary to my back problems. How can they just change the claim like this? First cancelled, now reinstated because I shook the right trees, but with changes leaving out all but one item in the claim. Amazing.
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