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chess
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Service Connected Disability
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Around The Mulberry Bush I Go Again With The Amc
chess replied to Josephine's question in VA Disability Claims Research
I think the Cleveland Regional office is even worse than Florida. Altho 845 days is unthinkable, the Cleveland Regional Office uses delays as denials. My claim was started May 2002 and after 5 years 5 months, it still has not been decided. They are supposed to have a "Tiger team" deal with claims over 1000 days, but mine will soon be 2000 days. I am in the process of writing a "writ of Mandamus" asking the court to force them into a decision..they have lost or ignored at least 8 documents from my claim, that I can document! Others that they lost or threw away, I cant document. Im sure they will get bonuses for their fast service to veterans. The Cleveland regional Office is ranked dead last in compensation to Veterans, according to the Institute for Defense Analysis. -
Mitch Thank you for serving our country. Yes, Vietnam Vets are treated the worst of all. When we returned, we were considered baby killers because of the media. Now, we are considered to be old men and should step aside to the new Iraq Vets. I dont know what regional office you are in, but it makes a huge difference in how successfull you will be on your claim. According to an Office of Inspector General report, you will average about $5000 more per year in some states than you will in others. Some of the worst states are the midwestern states. Ohio is dead last, while Michigan, Illinois are not far behind. You may consider moving to New Mexico or New England to get the best chance of approval. Yes, it is sad but true. Thanks again for your service.
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[Make sure you know how to use the Cpap machine. I just got mine two weeks ago, so I know where you are coming from. You probably need to add distilled water to it, you need to make sure you have the right mask and it fits properly. With mine, you press the "on" button then the > button next, according to my respiratory therapist. Also, I had bad sneezing attacks and runny nose the first week of using CPAP.(Other CPAP users say their nose is dry..go figure). The CPAP machine is a pain in the neck, but definately worth it if you have sleep apnea. As far as a "nexis" for service connection for your sleep apnea, good luck. My doc says it was caused because Of my obesity. That is, my overweight has extra fat in my throat, too, causing that tissue to obstruct my breathing while I sleep. Its Obstructive Sleep Apnea (OSA) Im guessing the VA will get into a pi$$ing match with me over which came first Depression, OSA, Obesity, etc, as they have fought me tooth and nail for everything so far, so why should we expect anything different for OSA? Sometimes I think the VA interprets the "favor-the-Veteran" rule to mean "flunk-the-veteran" or "forget-the-veteran", or "farce-the-veteran" (make the vet feel like he is a farce, by delaying his claim by making him prove the obvious or the impossible)
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My Claim is 5 years 2 months old and counting, from Cleveland Regional Office. As many of you know, the VA is to: , “VA is ‘to fully and sympathetically develop the veteran’s claim to its optimum before deciding it on its merits.’â€ン Roberson, 251 F.3d at 1384 (quoting Hodge v. West, 155 F.3d 1356, 1362 (Fed. Cir. 1998)) However, The VARO in Cleveland instead choose to deny my Service Connection for hearing loss, then ignore my informal claim for Depression and TDIU. Upon my Successful appeal through the BVA I was awarded a "complete grant of benefit sought" 3 weeks later the Cleveland RO "implemented" the BVA decision as follows: They defined "complete" as meaning zero% SC for hearing loss and NEVER mentioned claims for Depression, TDIU, or Tinnitus. A couple years later, after filing for increases, they decided to add depression, and NSC unemployablility (pension), and tinnitus, but NOT to award REtro except to the date of the BVA decision, not the original claim date. The Third RO decision was also flawed in that a) it omitted diagnostic codes B) cited documents not listed as evidence but DID award 40% SC as follows: 0% hearing loss, 10% Tinnitus, 30% Depression secondary to hearing loss. They listed me as single while I am married with 3 kids. Now I am waiting on another RO decision (for TDIU and increase in depression as well as dependent back pay) My question is: What can I do to Force the REgional Office to comply with the BVA mandate, "complete grant of benefit sought". I have a lawyer who has agreed to take the case, on a 20% contingency, but hav e not returned the signed paper to the lawyer yet. Reason: I keep thinking any minute the VARO in Cleveland is going to get their act together and do what the BVA said, and award 100% (complete) bennies. I really dont want to pay a lawyer for stuff I have already done. I have been told that my 5 year 2 month old claim is "with top level management" at the VARO in Cleveland. Any suggestions? Thanks.
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Also, it is my opinion that being dropped from AmVets had no effect on my claim. Altho the handling of my claim deserves to be put in the RO training manual on "How not to handle a claim" as it was FUBAR nearly from the get go, it was the result of the Regional Office in Cleveland blunders, not the fault of any particular VSO or group trying to help me.
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The AmVets is famous for dropping service to a Veteran, according to my Veteran Service Officer (VSO). He works for the county and represents Vets to DAV, VFW, Amvets, etc, all of them. I personally had my representation "dropped" from the AmVets, also without a real good reason. I was, at first, very offended also. Later, after I cooled off, I decided maybe it was not such a bad thing because, let's say you are a VSO. You do a good job and word gets around and the first thing you know dozens or even hundreds of Vets want you to represent them. You know there is only 24 hours in a day and you cant effectively service them all. What do you do? "Add another cup of water to the soup", or tell some of the guests to go elsewhere? I say, rather than them FAIL at trying to serve Too many Vets at once, it is better for them to send you to another VSO, and give great service to the remaining Vets they do have. Just my opinion.
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Disabilty Percentage, Time, And Regional Office
chess replied to chess's question in VA Disability Claims Research
Thanks cowgirl, and, yes, I will share the data as it comes in. Yes, it is different from the other claim time waiting poll as it includes the Regional Office, and the time includes appeals and multiple RO decisions that are sometimes required. As many of us found out the hard way, the first regional office decision doesnt always mean all that much. Please ask others to respond so you can see how your Regional Office compares. -
You probably would need to apply the VA fuzzy math to the increase. Lets see..25% of the 25% we didn't get last year either..that is 6.25%. Then, multiply that by 25% of wont we wont get next year either, that is, well about a little less than the COLA of about 2-3% Why does the VA get away with the "fuzzy math", plus the delays, the lowballing, etc. etc? Because they CAN and we havent done anything about it, and we sit there and let them do it to us mostly without vaseline, first.
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In my experience is that the VARO in Cleveland regularly denies claims the first time. That is one way they keep their costs low, and that is part of the reason that Cleveland Regional Office pays the least of any regional office. Yes, you should appeal. The BVA will be much more thorough, and more accurate. I wish there was some accountablility for the raters bad decisions.
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Could I Be Stretching My Imagination?
chess replied to Jack's question in VA Disability Claims Research
I think your friend should definately apply for compensation..sooner is better than later. It sounds like he was diagnosed with sleep apnea IN SERVICE..with CPAP is 50 % SC. By the way, if you dont know this 50% Service Connection means, it means $712 per month plus an allowance for dependents, plus other benefits. However, his Doctor will need to state something to the affect, "Sleep apnea was at least as likely as not caused by military service". The doc may also say, "Sleep apnea was Most Likely caused by military service" which is also good. However, if he says it "could be (or might be) caused by military service" if will likely throw his claim into limbo, so he should ask the doc to use one of the above bold statements. (Some C&P doctors know to use this language, but others do not) Also, there is an agent orange presumption that your friend might be eligible for. -
Disabilty Percentage, Time, And Regional Office
chess posted a question in VA Disability Claims Research
Please answer with your Regional Office, (State), your disability percentage, and how long it took you to get it from start to finish. (Example..you applied in April 2000. Turned down in Feb. 2001. Appealed Mar. 01. Appeal granted April, 03. RO grants May, 05..appealed again..etc...total time is what counts..NOT till first decision) I am from Cleveland RO, Claim has gone on since May, 02 (5 years, 2 months), claim is still pending, but partially resolved (40% SC) -
I agree with entropent in part and disagree in part. I agree that he doesnt need to do anything now, but I am not sure it is ever a good idea to skip a scheduled C&P exam. Reason: I recall reading somewhere about an "abandoned" claim..that is, it sounds like the Vet abandoned his claim by skipping a C&P exam virtually guarnteeing the claim be denied.
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Congratulations! Yes, I agree with what Pete53 said.
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If it is the Cleveland Regional Office you may be able to expect an answer in the year 2013. Mine has gone 5 years 2 months and still no answer. Good luck