Holllie Greene

I agree completely, I just waited 4 months for the VA community care people to process paperwork for me to see an outside provider for ONE of my issues that the VA cannot take care of.......it took them that long just to process.  During that 4 months I paid out of pocket 4 times to be seen at an urgent care for steroid shots, prescriptions, etc. because my VA clinic wasn't even open and I was covered from head to toe in hives.  The only reason it was finally pushed through was because I kept calling and complaining as did my husband, after I received the paperwork I was seen by the specialist in the same city my local VA is within a week.  All the things the VA had been doing were absolutely the worst things and the meds were not even recommended for what was going on with me at all.  Choice isn't even involved anymore here, it is all handled at the regional hospital and it is a huge mess!  I still have 4 requests for non va care that were put in by my primary in October that haven't been processed.  Unacceptable is an understatement imo, I hope that this means the providers I want to continue seeing I can and the ones I don't want to or there aren't any I can go anywhere I choose, my dependents have better choices than I do.  I would prefer to have Tricare standard (now select) and actually pay copays than the crap choices I have now honestly.  Six hours round trip drive for a pap smear???  No one can convince me that paying me travel, the fact that I am unable to drive and unable to take the DAV van so my unpaid caregiver has to take off work to take me isn't an undue burden on him.  Complete crap.  I live in a decent size city, there are two major hospitals, plenty of specialists in every field.  It is absurd that a veteran has to travel 6 hours just because there is a crappy little clinic locally that provides "some" care and I do put that care in quotes for a reason. 

This morning I checked ebenfits and it stated that my claims were in the Notification Preparation stage #6 
This evening I checked and it indicates the claims were submitted on 28 Dec 2018 and are now in the Gathering Evidence stage #3
I monitored the claims status since May when I opted into Ramp.. it had been saying decision by 14 Jan 2019  Now it says decision between May and July 2019
I knew from the moment I opted into Ramp, that things were not going to be any faster in fact initially I did not opt for ramp and advised against anyone going into something blind, that we have no way of know how this was going to work
well now we Know... its just as screwed up as the old system what a freaking shame.....
 
 
 
 

I feel there might be  a basis for CUE in the 1974 decision-----might be-
or cause for filing under 38 CFR 3.156.
Not only for the personality disorder BS but also something else-
Did any rating sheet come with that? Do you have a copy of your C file?
I always say here from time to time that the worst CUE of all is the one never filed.
It will take me time to do some research on that 1974 decision. 
Your Remand and BVA award letter is Fabulous!!!!!!
Send them anything you can, if possible, that would help with the remand.
This really gets me Outraged, when I see BVA awards, ( there are Years of thousands of them at the BVA,) for claims that could have been awarded at the Regional level or Cued at the regional level, to gain a proper award -sooner than later.
 
 
 

The military and the VA worked hand in hand together to write DD 257s for General Discharges. The trick was to call it a  preexisting condition (personality disorder) that manifested in service. Since it was preexisting, it could never qualify as a true psychological disease-and therefore compensation. I've turned over a bunch like this to get SC but never could call it CUE. It's too long ago, you did not appeal it and it's basically moot. The military and the VA made sure it was called a personality disorder. I, too, have one. Antisocial w/ passive aggressive tendencies. I was booted at 3 yrs +4 months.I don't reckon it had anything to do with two tours back to back in country and 3 Vs for valor. Purely a coincidence. 
I'd say you were wasting your time trying to win it but it all hinges on the records. If they forgot to issue a SOC in 1974 in relation to a filed NOD, then it's still viable. Every case is unique. Your claims file will be the last word on the subject. It's always worth while to investigate. You may have a chicken dinner winner and not know it.

Berta,
I am attaching a redacted version of the 1974 Decision Letter along with notes from my "processing-out" physical (note that the physical clearly denoted "depression" and associated symptoms including "nervousness"), and the opinion part of the 2010 Psych C&P exam (which I found a bit confusing).  There are STRs somewhere that I can't locate right now.  I can't find the 2011 DRO Review Decision Letter that granted Depression after NOD.  Also attaching my recent BVA ruling, but it really has nothing to do with the depression, other than a brief mention of it in the TDIU ruling.  I'll stick it on here anyhow.
You're correct, there was no C&P for "nervous condition".  By way of claiming that "nervous condition" was not a compensable issue, the VA relieved itself of any responsibility to adjudicate it.  As I see it from their standpoint, if it wasn't something they would consider as a valid compensable disability, then there were no grounds for appeal either.  Kind of a "Catch 22" situation, from my point of view.  
However, since medical and psych visits for "Depression" were part of my records, I think they should have considered a sympathetic claim for Depression.  
When I look at that 1974 Decision now, I think "What if they'd told me that my back disability was an issue that could NOT be compensated by VA?"  And the answer is, I guess I would have believed them, and since there was no mention that an appeal was a possibility, I would have considered my claim to be closed for lack of any legal standing.  
Note for younger veterans:  In 1974, virtually nothing was computerized.  All paperwork was typed on a typewriter or hand-written.  There was no such thing as a personal computer.  Up until approximately the last 20 years, there was no such thing as an Internet site where one could find VA claims information, or a forum that discusses the science and politics of VA claims.  Knowledge of the VA claims process was clinched tightly to the chests of VA people and VSOs, and was not shared with the masses.  If you had service connected disabilities, finding the way to get VA Comp for them was like playing poker.  (Of course, in some respects, that still can seem to be the case.)
P.S. Not a Vietnam vet, just VN era.  Had I not joined the USAF in 1972, I probably would have been; I was 19, and my Draft Lottery number was 19.  The draft ended 4 months AFTER I joined.
BVADecisionLtr2018Redacted.pdf
VADecision1974.pdf
VA2010MDDC&Pexcerpt.pdf

yeah "Nervous condition" is what they SCed my husband for in 1983 and granted it because that was the same year VA realized what PTSD was. His diagnose was PTSD at Newark VA in 1983.
If you can scan and attach here the entire decision ( that was when VA called some claims " not well grounded" )and add the evidence list and any rating sheet- we can better determine if you have valid CUE basis.
"There was no mention of a right to appeal.  Upon asking the VSO about the denial and a right to appeal, it was explained to me (in so many words) that the appeals process is for arguing about a denial, but there was no right to appeal a condition that VA legally could not consider as a compensable disabilty." In essence he was right,part way.You could have stilled appealed it, because many vets have overcome the past Personality disorder BS.
Were you a combat vet, incountry Vietnam?
Whether or not:
" I know that the Air Force did not cause my problems with depression;  it was caused by my brain's response to some bad situations.  " It they were bad situations while in the Air Force- they could raise to the level of stressor or warrant another MH diagnosis....as here:
"In 2010, a VA C&P psychiatrist opined that, based on STRs and my history since then, my long-term (Dysthymic) Major Depressive Disorder actually began in 1973, during my active duty in the Air Force.  It was then rated at 70% (Effective Date 2009), and reduced to 50% in 2011.  
Did you fight that reduction?
There might well be a way to CUE the older decision or re-open under 38 CFR 3.156-
If we can see the actual decision we can help more.
Please cover your C file # and name prior to scannng and attaching it here.
The 2010 decision would be good to read too-and can you give us your BVA award Docket #?
The BVA posts their decisions on line,  do not reveal names of the veteran. That too would be helpful to read.
You have had a C & P exam that revealed the SMRs supported his/her diagnose beginning back to 1973.
I feel this has a strong CUE basis but that is only a guess without reading their actual decisions.
I assume you didnt even get a C & P exam for the Nervous condition.
 
 
 

That dog won't hunt. If you felt the nervous condition should have been appealed as a more serious psychiatric disease to include "depression", the way to do that was to file a NOD-even in 1975. Just because you were told not to file or the futility of filing a NOD, your failure to do so cemented the finality of the claim. A CUE assault would run aground when it becomes two equally compelling versions of how the evidence is/was evaluated. That would result in denial. However, I concur with Berta, as always in that the worst CUE is one never filed. I've floated a few for my clients and most are still in the pipeline. That's the problem with being an optimist.
The only way to overturn this one would be with a contemporary psychiatric evaluation in the evidence in 1975 that unequivocally stated you had a major mental disorder diagnosed beyond the shadow of the doubt. You have two different opinions- PD and depression. Depression, as a stand alone diagnosis, is not, in and of itself, a psychiatric disability that rises to the level of a major mental disorder. Read the old DSM 2 to get a better understanding of how the old boys thought on that  bent brain subject in 1982. That's when they "invented" PTSD etc.
 

If  I  were you I would file an IRIS complaint. There is a recent IRIS topic here on how to do that.
If that fails to bring any results as to the transcript- then
I would call the White House hot line-
1-855-948-2311
I cued my VARO ( via IRIS) in 2005 for a double dro review-because the DRO did not read my IMO, and it was never listed as evidence
My vet rep showed up for the review and I told him to get my IMO (which he had copy of) into the record.
I got the same DRO for the double DRO review, he handed her the IMO and she handed it back to him and said she couldn't read it.
I was furious when he told me that- ' but' he said, I did get another C & P ordered for you' 
I said, if the DRO could not read an IMO how the hell could they read another  C & P exam result?
I got another lousy C & P exam, another IMO to knoclk  that down ,ignored again and I decided to let it go to the BVA.I was in college at the time and had enough lengthy battles with them in the past as it was -
The BVA can read. They awarded the claim.
These days however I would continue to call CUE on them-for anything similar and have done that many times since.
I dont see this as a CUE at all yet. 
But can you scan and attach their Reasons and Bases for the denial? And the evidence list they used?
(Cover C file, name, address prior to scanning it)
There could be a CUE in the denial. And this "dro" might have been someone without DRO qualifications.
That would not surprise me-
after all -unqualified C & P examiners opine on our claims all the time.
 
 
 
 
 
 

An attorney can only help you so much, they can file a writ of mandamus if your case is being stalled.  That said I think I might consider an attorney when you have been so misused by your rep.  They keep 20% but 80% of an award is better than 100% of nothing.  I used an attorney after the VA started pulling shenanigans in my case.  They got my case moving when it was stuck in the mud a couple of times.  It helps when they can just call the BVA, something your rep will not be able to do.  The second C&P if they already have a positive C&P is illegal, they cannot get a C&P to give negative evidence against a good C&P.  You should have received your transcript by now I believe.

Congratulations on the EED...you deserve it.
I agree that one should never give p and you must always keep appealing when the VA is wrong...as far as taking up space at the BVA of another veteran...you are also a veteran who has also earned the right to have your case to be looked at to get the proper decision and the correct EED.
As far as worrying you will get reduced if you rock the boat...I was taught in the military to never give up!!
I am also sure that 99% of the vets on this site would gladly give up all their VA benefits to not gone through and see the things they did in service of their county. I know I would gladly give it all up not to have the issues I now have! 
Sorry this is JMO

This is Wonderful News!!!!!!
And again I state that the BVA CAN READ!
It is unconscionable that we cannot always depend on our VAROs to do that.

Funny, the Marines taught me this.  Several years ago when I got TDIU my lawyer wanted to quit (as I would be taking time at the RO or BVA that another veteran needed) and I wanted to press on.  We pressed on and I was awarded 100% P&T at the RO with SMC S.  I still wanted to press the issue but my lawyer said we should quit, he had just gotten paid.  I ended my relationship with my lawyer and filed a NOD for EED of SMC S.  I also found out that my lawyer had written a letter to the VA stating I was done with my case and to not return it to BVA.  I cited to the VA that my lawyer no longer represented me and I wanted my case to go back to BVA.  I have had more luck at the BVA the five times I have gone there.
I just received the BBE from BVA today.  They gave me a 6 year EED on my PTSD and awarded tinnitus.  I cannot receive more compensation from the VA for this but my PTSD is now only 9 years from being locked in.  The RO is still working (if you can call it that) on my EED for SMC S, which I believe is stronger after my new BVA decision.
Lawyers can help a lot if you are caught in a situation where the VA is flouting the laws as they were doing in my case.  Even so, they may not always give the best council after getting paid.  VSO's more so should be questioned.  Some do a really wonderful job but others are just collecting their pay (many from the VA).  
Do not be bullied or scared into not appealing to the BVA or ending your case prematurely.   There are several reasons:
You might get reduced if you appeal : You are taking the time at the BVA that another veteran needs :  You have been awarded enough : You should feel lucky to have won : etc....   

Ha slice and 63Charlie, 
you are absolutely right. All of you have been right. I believed the Army, then the VA, then the VFW in 1983, then the POS DAV, and dumped those (undercover VA employees), after their lies, then I went back and thought maybe the VFW was smarter than it was in 1983. NOPE-NOT AT ALL.  They are practically useless, but stock a lot of forms instead of getting them from the internet. 
When I get over this illness, and if I can, I will actively seek legal representation. The scumbags have ruined so many lives, and there is no wonder the country is a mess. The whole GD Government is totally corrupt. They took advantage of us less informed and trusting believers, but f them. They told too many lies. I think I am done bitching and am moving on to litigation. Thanks to everyone. 
Victor ray

This is outrageous!!!
You have not received the help you need from the VA.All because of Their error!
I hate to make another suggestion but that is all any of us can do-
https://www.va.gov/ACCOUNTABILITY/process.asp
You can email them your complaint.
Tell them exactly what response you got from these contacts I gave you:
"This might work-officeofSurvivors@va.gov-
https://www.va.gov/survivors/
I used the other email years ago-so sorry-I guess it changed.
Also try this:
Pension Management Center 1-877-294-6380  
Or you can make an IRIS request ( file it as a complaint) under the Ask a Question button
https://iris.custhelp.va.gov/"
As well as the White House veterans hot line response.
Tell them you are sending a complaint to Secretary Wilkie as well.
Try Robert.Wilkie@va.gov or 
Robert.Wilkie@va.gov   I am not sure of his email address.
Can you tell me the name of the City/town you live in and what country?
They might have someone at the State Department there to help.
This is an outrage!
Did you get the name of the person at the WH Hot line- the legal specialist you spoke to.
If so can you tell me your name and where you actually live?
I am willing to call the WH Hot line myself to see what can be done. But tomorrow I have to vote and then leave for a prayer meeting 30 miles away, If I hear from you by tomorrow , early, I might be able to call the WH Hot line early-
I am surprised that I have not heard back at all from the Office of Survivors.And you didn't either.
 
 
 
 
 

Hollie Greene, it's sheer desperation on the VA's part I believe! you are not being cynical. I agree with Retiredat44, and I wish I had trusted my gut.
I spoke with my VSO a few months after opting into RAMP earlier this year, but I wish I had spoken with him before opting into it! He told me that the VA is overhauling it's system for 2019 so they are desperately trying to clear their backlog- by any means necessary. That's why they are sending out RAMP invitations right and left. When we (veterans) opt into RAMP, they make it sound good for us, when in actuality, it is good for them. Deny, deny, deny until the backlog is cleared- quick and easy!
My VSO said he's been seeing an overwhelming majority of RAMP claims come across his desk as denied/ "NOT SERVICE CONNECTED". I wish I had known this before opting into RAMP back in April. After filing a traditional appeal and waiting for almost 3 years, I got anxious. So when the RAMP invitation came, quite naturally, it looked like an answered prayer. Unfortunately, like so many other vets, I took the bait...Long story short, just this week, I discovered that my two contentions were denied through RAMP, when there was clearly enough evidence to connect them to my military service.
Now I have to lace up my boxing gloves again and step back into the ring. If any other RAMP invites roll my way for other contentions that I have out there, you'd better believe that I'm tossing the invites into the garbage can. I have been let down so many times by the VA, I should have known this was too good to be true!
My advice to other vets: Stay away from RAMP because VA certainly has something up its sleeve as usual.

The date it was in the system was 3/18.  Yes, I sent my first claim in 2005 after rehabbing from five months in a coma.  It took until 2017 to get approved for various percentages of disability.  
My case is obvious.  There’s nothing else it could be.  All the physicians that helped me couldn’t diagnose me until they read the information about all the illnessses associate with the Gulf War Syndrome, Chronic Fatigue Syndrome, etc.  
I feel like I fulfilled my commitment and the VA is trying no take their time compensating me.  I just hope the VA gets better.  I’m weak, my brain is lazy, I can’t stand/walk, take a lot of medicines, I have very little hair, etc etc etc and I would do those 22 years all over again.
 

... how come we have to FIGHT it for years? 
And If this is true, how come when the VA loses records, the Veteran is at fault?
Good read: 
Pro-Claimant_Paradox_Widener_Law_Rev_Article.pdf http://www.eagleveteranslaw.com/uploads/Pro-Claimant_Paradox_Widener_Law_Rev_Article.pdf

Here's something to keep at your fingertips, folks. I have to turn away about 90 % or more of those who come to me now because of my workload and prior commitments. However, there are a lot of my fellow agents who are eager for work. Sometimes it's just an inability to connect with the one that "fits" you. I don't advertise as I don't need to. I know if some of you who wish to hire competent legal help have this, you may consider some of these folks. What the hey. Nothing ventured, nothing gained. 
Alex #39029
VA Agents List 2018.pdf

The law for agents is identical to attorneys. §14.628-34. I don't know of any representative that supplies free paper or filing fees. I, and 99.9% of my compadres, charge for airline tickets and hotel to fly back for a Travel Board Hearing at your RO. NVLSP is a pro bono outfit as is the Vet's Pro Bono Consortium. They're totally free. If you can get a rep to pro bono you, fantastic. Remember, I did this from 2008 to 2016 charging nary a dime. Cupcake and I now donate 80% of our wins to paying power bills for "underemployed Vets" , the food bank or rent help locally. That's called "paying it forward". In my case, it's called buying your way into Heaven with some good Karma. Seems I might be a little skinny on that after two tours in Vietnam.
When a rep (agent or atty) gets your POA, s/he can request a copy of your c-file from the VA. We actually prefer to have the latest "edition" rather than one you have that may be a year or more older. However, why bother? I can see it on line in VBMS within a month of signing the POA. Obtaining a c-file is becoming an arcane exercise in wasted time in the new electronic universe.
Every one of those agents are bound by the same regs I am. A VSO can lie, cheat and tell you to give him a $100 Home Depot card for his assistance. He might get counseled not to do it again. If I charged you 25% instead of 20%, VA would come down on me like a cheap new polyester suit and take my accreditation away-forever. I might get away with 33%-but only up at the CAVC-and only if it's extremely complicated in front of a panel or en banc. Speaking of which, I'm planning my trip back for oral arguments on 18-938. I decided to rep myself.  
 

First off let me Thank you all for the support, I could not have done this without researching this site.

I just looked at my letters on E-Benefits.

Dear Mr. Veteran:

We are providing you with this letter so you may receive commissary store and exchange privileges from the Armed Forces. This is to certify he is an honorably discharged veteran of the Navy and is entitled to disability compensation at the 100 percent rate due to service-connected disability(ies).

This total disability is considered permanent. You are not scheduled for future examinations.




This is a life changer for me, I will continue to support all Veterans on here and Pray for all of You


NJ

On August 13, 2018, the president signed the 2019 National Defense Authorization Act (NDAA) into law. Although the NDAA is primarily a legislative vehicle for the Department of Defense (DoD), it contains several provisions that pertain to service disabled veterans and their families.
Space-available travel on DoD aircraft for veterans with service-connected disabilities rated as permanent and total. Veterans who are service-connected permanent and total are eligible to fly on military aircraft, space permitting. This provision can be found under Section 624 of the NDAA
Extension of certain morale, welfare, and recreation privileges to certain veterans and their caregivers. Beginning in January 2020, service-connected disabled veterans and their caregivers will be eligible to use base commissary stores and Morale, Welfare and Recreation facilities. This provision can be located under section 621
 
 
 

I am of the feeling that difficult cases get filed in the dead pool.  I have seen my case wait a year for a C&P.  Once they get a hold of it they deny the case with some really bogus opinions.  I was denied TDIU because my 20 year old PTSD benefit needed reduced and my 10 service connection for headaches needed to be severed.  I could not believe the rater wrote that with a straight face.  
Is your case in the BVA appeals?  If it was at the BVA I would keep it where it is at if it was me.  Otherwise I might consider RAMP.  Your lawyer advises this so it should be a good bet since lawyers, even the best, just want you to win so they can get paid.
Welcome to Hadit.  There are some good people on here that will be only too glad to help you.
 

Just send the NOD, that will freeze the process. You don't need to hire a lawyer for everything. Since you haven't 'lost' anything yet they have nothing to win on contingency unless they drag it out in discovery. While I understand that not every case is the same, Ive had 2 appeals and a proposal for reduction in the last 15 years and ive never had to hire a laywer, I just pointed out point by point in the decision letter where they were wrong and provided the evidence I had to the contrary. Type it up, put in a cover page with footnotes to the relevant parts (doctors notes, pg # blah blah, etc) and then include the full doctor notes or CFR portions as necessary. If you have medical evidence that you haven't improved a lawyer isn't going to improve your chances all that much over what you can do on your own, especially if you already have doctor appointments pending for this. 
 
Send the NOD, that starts an appeal. Simple form. Go see your doctors, see what they say. If you disagree with them- then consider hiring a lawyer, but since you aren't appealing back benefits it will probably have to be on a fee basis since there is nothing to 'recover'. 

Thank you sir, thats a great advice. Couldn't make it to the VA today but Ill go tomorrow to drop the NOD, also sending it by mail. Thanks to you Im getting ahead with a previous plan I had. Im gathering all the info for all my doctors first, and the I will add the outcome of my upcoming appointments. Once again thanks for the advice.

Hi,
When you mail something always send it certified, return receipt requested.