hurryupnwait

Several times I have considered hiring a researcher to search the National Personnel Records for some missing medical records that they are saying was sent to the VA. I hire people to assemble paperwork all the time. I agree with Broncovet this seems to be another service that expands our options. I like more options. Paul

Update Called the Attorney's assistant today. The DRO starting working the claim again. Apparently, he will be sending a letter with medical records to Dr. Bash asking for a clarification of his medical opinion. Dr. Bash wrote a medical opinion that probably weighted the claim in my favor, but the letter was full of typo errors and I think this DRO is having a field day trying to discredit his opinion. Thanks Paul

Tell your attorney to file a writ of mandamus petition. That ought to get the DRO's attention. The DRO decision might go against you, but at least you'd get some movement. What usually happens with a writ petition is that the VA will take the action it should have taken earlier, and then the Court will deny you the writ because the issue has become moot. The whole purpose is to get some movement, so if you get movement, you in essence have won even if the Court says otherwise. It sounds like you're desitned for the Board, regardless. I wanted the attorney, Ken Carpenter, to file a writ of mandamus last month and the reply was that we are not at that point yet. They mentioned the amount of work it would take to create the writ.. I ll talk to his assistant tomorrow and ask if we can waive the DRO decision and go on to the BVA. I agree, from the negative input he has provided about the claim he does not plan to grant it. I think the attorney wants to see his bases and reasons so they can respond appropiately at the BVA and therefore ask me to stay the course until a decision is reached. The crystal ball says that this could take another two years. Paul

I ve been waiting 2 years for DRO review decision. My attorney and the DRO had conducted a telephone hearing over a year ago. No C&P exams scheduled. I do plan on asking this question of my attorney, but I was wondering if anyone here has done this before? This DRO has given us some very negative input regarding my claim. My attorney's assistant is telling me that the DRO has been assigned by the LARO Management to work new claims only. This has been going on for about a year now and i do not see any end to it with new claims coming in so fast. appreciate any response Thanks Paul

Yes, I plan on asking the attorney this question but I was wondering if anyone has ever done this on this board. I prefer getting input from many sources, including my attorney, before making decisions. My attorney's response would have a lot of weight. Maybe I should satart a separate topic on "Has anyone ever waived the DRO decision and gone on to the BVA" Thanks Paul

2 years this month for DRO review

My claim is gathering dust again. My attorney's assistant is saying that the DRO working my appeal has been assigned to work on new claims only. In retrospect, it would have been better to go directly to the BVA. Can I waive the DRO decision and go on to the BVA, they can read and have a docket system which can be somewhat followed. I will have lost the time with this DRO which has been about two years. Paul

This link should help you My link

I spoke with my attorney's assistant yesterday about my DRO appeal at the Los Angeles RO. It has been several months now that the DRO working my appeal has been given directions to only work new claims until they get caught up, which may never happen, so in the meantime my claim gathers dust and cobwebs. Any others have this issue?

The USPS will not forward documents mailed from the VA, not sure why. I tried this once when I had to go out of the country for several months, the mail was sent back to the VA. The next time i left the country I did an address change so the VA mail went to my sister's address. I kept it this way for years. I would strongly urge you to find a friend or relative in Michigan who the VA docs could be sent to and put in a change of address to their home, then have them forward it on to you in a separate non government envelope. The Grand Junction VAMC should have your records on their computer.

I too, never received a decision letter from my 1972 claim, as was noted in my BVA remand letter. My attorney is saying that it is an open claim that the VA needs to make a decision on it.

Was it a positive experience dealing with them?

Anyone have experience with the Boise Regional Office

The VA has sent a clarification letter to Dr. Bash, who did my IME and had a complete copy of my cfile when he wrote his opinion after giving me a medical exam in Washington DC, In this letter it insinuates that I withheld unfavorable medical evidence from the cfile before giving it to Dr. Bash. That makes me angry, cause that did not happen. It also insinuates that Dr. Bash did a poor review of the cfile. That should make him angry as well. Can my attorney request that the VA send a complete copy of my cfile to Dr. Bash for his reply. This will prolly take a year for them to do. So they have accomplish a delay, interesting tactic. Funny how they can have a cfile in LA from DC in a few days, but making a copy of your own cfile may take a year. It took ten months for my attorney, Ken Carpenter, to get a copy. My attorney's assistant has told me that she wants Mr. Carpenter to read this letter, I m waiting for his response.

I could not get the link to open

Can VA remove service connection for an issue that was previously granted. The claim did not involve fraud.

Anyone know Latest contact information for Dr. Bash

I was never sent a Decision letter from my 1973 claim. My attorney, Ken Carpenter, is treating it as an open claim, not as a CUE. He is saying that my effective date is 1973 , not 2001 when I reopened the original claim. CUE is much more difficult to deal with.

This may help also CLAIM STILL OPEN IF PROPER NOTICE OF DECISION NOT SENT TO VETERAN § A veteran’s claim was denied in 1969. The VA avers that a notice of decision was not sent to the veteran. In 1982, the veteran sought to reopen his claim. A September 1982 RO decision found the claim had been previously denied. The VA sent a letter only advising the veteran that his claim had previously been denied in 1969. The veteran did not appeal the decision. In 1998 the veteran, through counsel, indicated that he had never been notified of the 1969 denial and requested a formal decision on that claim. The VA’s 1998 response acknowledged failure to notify the veteran of the 1969 decision but found that the 1982 letter informing the veteran that his 1969 claim had been denied finalized the issue and that his appeal rights had expired. In 1998 the veteran appealed to the Board. The Board denied the veteran’s claim concluding that the back condition had been denied in 1969, that the September 1982 RO decision confirmed and continued the 1969 decision denying the claim and that the notice of the 1982 decision notified the veteran of his continued denial of service connection and included appellate rights information. On appeal, the Court found the 1982 notice inadequate because it did not provide a reason for the denial in 1969 as required at 38 C.F.R. § 3.103. Ruffin v. Principi, 16 Vet.App. 12, 15 (2002).

It's time for dancing in the streets

I agree with John, if you do not have a decision letter in the c file then it is an open claim no matter how old the claim is.

John The BVA put it in writing in the remand letter that a decision letter was not sent to me in 1973. Ken carpenter is treating it as an unadjudiated claim. I wrote the AMC several times about this and highlighted the BVA remand letter where it states as such, but they simply ignored it, wasn't even mentioned in the rating decision. That is why I contracted with Ken Carpenter. The AMC knows what to ignore. Paul

Hi John Yes, I m aware that it may have to go the BVA, Ken Carpenter has asked for a partial award back to 2004 for TDIU, which we are hoping they will grant. The open claim to 1973 will prolly be headed to the BVA, where it was noted in the remand letter, the first time at the BVA, that no decision letter was ever sent to me after I went for a C&P exam, therefore the claim is still open. Happy Trails Paul

My claim was at the AMC from June 2005 to Nov 2007 (Two years five months) and it would prolly still be there if I did n't decide to take action. I got the name of a helpful VSO in DC from Josphine aka Betty. I called him at the AMC building, his named was Dean Vorgey, he was not my SO, but he took an interest in my claim because of how long it had been there with no action. He found my claim in a storage area, blew off the dust and started it moving thru the system again. After that, I made several phone calls to Michael Walcoff 's office, phone numbers I got from Betty, after pestering them I was given the number of an AMC rating supervisor, who I called several times and he got my claim to a rater, he said that my claim was going to a retired contract rater for the decision. I received a low ball decision. Presently, my claim is being handled by Attorney Ken Carpenter and has a potential EED back to 1973. A Decision Review Officer is suppose to make a decision this week. yea right. He was suppose to have it by the holidays, not sure which holiday he was referring to. Happy Trails Paul

Our deepest condolences.