Steppenwolf

i'll be the first to admit that i sometimes have problems understanding the nuances of terms used by the VA. So, for instance, this VA from 4597 that was sent to me has the title on it: YOUR RIGHTS TO APPEAL OUR DECISION Can we say then that what i will be doing is "appealing"? If i am appealing and if the decision that was just rendered was rendered on my "appeal", then i too have won a reversal of a previous decision. If however the term "appeal" is somehow generic and the DRO hearing and denial as well as the travel board hearing was something different, then how did i get to THAT place and what is that place called? The travel board judge answered a question that i asked her about what you called "rubber stamping" and she agreed with you that there is an assumption that the first and or previous personnel got it right. She went on to say that " this is why any "new and material evidence needs to be convincingly powerful enough to shed new light on an old claim" In my case the mental health issue was clearly in my service records although it was diagnosed as something other than what it is. After the DRO ridiculed my evidence including the letter from my VA doctor who had just become certified as a forensic psychiatrist, he immediately addressed he critique, questioned her medical experience and knowledge of the dis-order and also commented to me that it was apparent that she was not well versed in legal matters and from her grammar may not have had a college education. i made sure that i mentioned that to the travel board judge at my hearing. The judge did not make a decision but instead did what you might expect: she remanded to the BVA who remanded it to VARO, who reversed the decision going from denied to 50%. Even that 50% is wrong if you consider that i have not worked as a result of my SC disability; and that is clearly stated in the records they have and in all of the new VA and private medical records since 2001. As i said earlier: if i do nothing then i get nothing. What is troubling most to me now still has to do with the choices listed in that 4597 form and the many ways that it seems to be interpreted. So, for instance, you said: "If you want to file a reconsideration request you should do it now, altho I feel it is a waste of time!!! " This is what the 4597 says: "Remember, the Board places no time limit on filing a motion for reconsideration, and you can do this at any time. However, if you also plan to appeal this decision to the Court, you must file your motion within 120 days from the date of this decision." i want to know if the 120 days only applies to filing with the CAVC then why should i rush to send the BVA a letter for reconsideration "now" when my instincts and past experiences tell me that if the BVA get's the letter before my HOD hearing at VARO; VARO will more than likely send all of my records back to DC delaying my hearing. Although no one else has thought that this is a possibility i'm thinking that it might be the case. Am i right about at least this last part?

Pr: " If you want to file a reconsideration request you should do it now, altho I feel it is a waste of time!!! " And why do you think this PR?

After the edit: a phone caLL before i posted resulted in a couple of disjointed paragraphs. Sorry for even more confusion to the confusion. Not an attorney. The DAV is my POA and they started this round of appeal(s) for me in 01. They went to a DRO hearing in 04 with me. They went to the travel board hearing with me in 06. Since then i've been having problems with them. They argue with me and in my humble opinion they are now as much of the problem as anything that i have run into over the whole case. So for instance i called them the week that i received the judges decision in the mail. It is approach this 120 day time limit and i have not filed a reply yet. The DAV as well as The BVA as well as the 800 number and probably as well as some of my HADIT buddies here tell me: " You do not need a POA or attorney or representative of any kind to reply. " Those words are easy to understand. However, what is not easy to understand is this: What choice best serves me and my unique case and circumstances? If my memory serves me correctly ( and i know that over time my memory is effected by time and medications if nothing else ) then what i chose to do is critical. Why wouldn't an attorney and or a representative make sure that they understand the specifics of the claim before suggesting anything? i KNOW where every mistake has been made. Those VSO's who took the time to listen then look at those points and places where the mistakes were made helped lead me to the 2009 award. If i had taken the advice of family and friends who thought i was crazy for fighting for this for 40 years; i would have given up after my 1975 denial which came with the help of a pro-bono attorney ( not experienced in VA LAW ) Now i get similar advice to " be happy with what you got and enjoy your life " Maybe they are right since i sometimes think that i am losing touch with the reality of it all and i get instant debilitating headaches, radical arrhythmia that stops me in my tracks, and at times the need to unplug and go silent. These are the exact words on the form: How do I file a motion for reconsideration? You can file a motion asking the BVA to reconsider any part of this decision by writing a letter to the BVA clearly explaining why you believe that the BVA committed an obvious error of fact or law, or stating that new and material military service records have been discovered that apply to your appeal. It is important that such letter be as specific as possible. A general statement of dissatisfaction with the BVA decision or some other aspect of the VA claims adjudication process will not suffice. If the BVA has decided more than one issue, be sure to tell us which issue(s) you want reconsidered. Issues not clearly identified will not be considered. Send your letter to: Director, Management, Planning and Analysis (014) Board of Veterans' Appeals 810 Vermont Avenue, NW Washington, DC 20420 Remember, the Board places no time limit on filing a motion for reconsideration, and you can do this at any time. However, if you also plan to appeal this decision to the Court, you must file your motion within 120 days from the date of this decision. For me the part that needs explaination has to do with the relative aspect of the 120 day time frame. Sounds to me like it only refers to filing with the federal court for a hearing. If my understanding is of this is accurate; what is not clear is will i forever loose my right to appeal to them at some point in the future? If the 120 days refers to this and only this then would it not make more sense to polish up my letter to say what is most relative and pertinent before sending it in? TV, Do you understand this form?

Testvet: " when did you first get awarded the rating that you want the VA to raise? " June 2009 retro 2001. TV: "Has your condition worsened since you were first rated?" Yes. A 3 month university study and accompanying letter was added to my file in April 2009 during my C&P stating that my condition has kept me from working "for the past 39 years" Another complete psychological battery of tests and letter recommending that i file for SSDI was denied because i had not worked enough to qualify. Just put in for my regular SS and if the amount tells you anything i get $333.00 That same 1999 study claims that "gainful employment is not likely as the veteran's condition makes him likely to be a danger to himself, the employer and others at the employers place of employment" There are no less than four other letters from psychiatrists, psychologists, and therapists all stating "unemployability" There a letter from a forensic psychiatrist directly addressing the DRO's opinion stating that "clearly the person writing the opinion has no medical background and does not have a clear understanding of the veterans condition" And since June 09 all VA records support the unemployability plus there are two more IMO's and a letter from my psychologist at the VA circa 1971-73 ( the missing years ) i found him on the internet, called, spoke with him, sent him a copy of a letter that he sent to me on VAMC stationary asking me to come back to therapy. This 1973 letter was entered into evidence in Nov 2009 3 days before the deadline to get in any new evidence. He sent me a new letter " To whom it may concern..." stating that i was his patient at the Gainesville FL VAMC during those years that the VA claims i was not a patient. One aspect of my condition is " spending money recklessly " but i have not had trouble in that area and that is also mentioned specfically in the university study and accompanying letter. i called the 800 number yesterday and was told " They are working on a hearing date. " Does that mean this month, this summer, this year? i have no idea.

Carli "Example:, If someone receives a rating decision that grants SC for a disability at say 20 percent and the medical evidence of record in the rating decision clearly meets the criteria of 40 percent - then they should submit a NOD and request the 20 percent be increased to 40 percent, per the medical evidence of record." When does anything "clearly meet the criteria"? i say that with no disrespect to your feedback. In fact i appreciate everything that you wrote. It seemed beyond clear to me that my evidence met the criteria for 70% which was mentioned in my award. " Your award of 50% is based on X but doesn't met the criteria for 70% because you go to church" i'm not kidding. i was asked in my C&P: " Do you go to church?" i said yes. In the decision the "yes" turned into "attends church and other social situations" Hmmm i never said what church i "attend", how, or when or what for. i can say that more often than not i go to church when no one is there and will leave it at that. But i grabbed this off the internet: Impairment Due to Mental Disorders Degree of occupational and social impairment as characterized in VA's medical criteria Disability rating (in percent) Totally impaired 100 Deficient in most areas such as work, school, family relations, judgment, thinking, or mood 70 Reduced reliability and productivity 50 Occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks 30 Mild or transient symptoms that decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or symptoms can be controlled by continuous medication 10 Not severe enough to interfere with occupational or social functioning or to require continuous medication 0 Source: VA's Schedule for Rating Disabilities. Note: The Veterans' Disability Benefits Commission is currently reviewing the appropriateness of VA's Rating Schedule, including the criteria for mental disorders. Before the DAV filed an NOD on my behalf i wrote a letter to VARO and asked for an increase based on the above information and underlined every place in the records where doctors and service records "clearly" mentioned all of the bullet points for 70%. VARO did not respond.

Yesterday when i met a new service officer and told him that i wanted to request TDIU he informed me that some mental health issues that are TDIU require someone else to manage finances. Don't think i ever heard that before. If there are circumstances where this is true how do i find out what they are? He also informed me that a NOD was the wrong way to ask for an increase in %.

i know it's been a while. i wasn't at the ER that long but i do get lost from time to time and next thing i know a few weeks have passed by. Berta: "Can you tell us exactly why they denied?" Every denial is rooted in: " No service records" except for one which was called "congenital" The one condition that was approved was approved with IMO's and VA service records and statements by VA doctors. The "back condition" may have been denied because the VSO who submitted it for me asked for "generative back disorder" and those words do not exist in my service records. There are three or four specific incidents where i was confined to the barracks with no duty and RX'd pain meds, and muscle relaxants and Valium. Twice they called it "back strain" once they called in "dislocated back". De-generative back disease was DX'd at the VA a couple years after discharge. Berta: "Was any evidence you produced during the traveling board hearing properly addressed by the BVA?" Properly? Maybe some could have been properly addressed but more was not properly addressed. Berta: "What advise have you gotten from anyone with POA on your claim?" Had it not been for one POA in FL who went over every aspect of my case and help me put it together AGAIN i would be going through what i'm going through now with guys who don't have a clue about the details and suggest the wrong things to say and or do. If you read my service records and VA records and could correlate a connection between "back strain" and disc disease then you wouldn't ask for something that you know is going to get shot down. How do i go back now and ask for the right thing and then make the connection? The worst advice so far has always been the same thing: "Do nothing"! Only to get a decision from the VA saying: "Denied because we asked you for new evidence and you gave us nothing" Berta: "Is there anything there that you overlooked which they asked for?" Yes. I had new evidence but my POA refused to submit it for me which resulted in another letter from VARO saying "You didn't respond in time...."

The doctors have agreed to make the corrections. Since i was here last i continue to get a wide variety of feedback, thoughts, and ideas. Maybe all of them will work to a greater or lesser degree depending on how clearly i understand what is being recommended. That said, here is the latest feedback that i got today from the local DAV guy: "Who in the H told you to file an NOD?!?!?" "Do you have another 5 to 8 years waiting for a hearing when all you NEEDED to do was to ask for an increase in benefits. If you asked for that last year when you got your decision; with the letters and records that you already have you could have had an answer already!" i slowly took out the letter from the DAV SO who argued with me over the phone about what i could and couldn't do and showed it to today's VSO. Today's guy told me that last years guy must not have understood what was already in the records. In any event the dark cloud continues to follow me around. Now what? Talk about triggers for turning dark clouds into storms! i almost hurled on the table. Why is this case so difficult to see? Someone here on Hadit told me to "just ask for an increase" But yesterday's yoyo told me that i couldn't do that and the only thing that i could do was to submit a NOD.

50% It is not easy to keep track of my own files and as time goes by it seems that the boxes of file grow and much of the information is copies that i make and then try to file in some special order that at the end of the day complicates and confuses me more than it helps me. That said, i would like to copy some of the info that you ask specific questions about and post the whole thing for your review. But as much as i appreciate the help from all here on Hadit, i think some of the information should remain private. i think T-bird once told me that she set up a conference room or some other method like that to communicate privately. Are you familiar with this method? Since VSO's and other Rep's often give bad advise who else do we have besides each other to share and review specific information that we have; some that will help us or in some cases hurt us if submitted or stated incorrectly? Every VA doctor and therapist that i spoke with and in some cases allowed to read the decision that awarded me 50%, found it near impossible to believe that the records, letters, and IMO's that fill my file folder with language about not being able to work, not working and not being gainfully employed for most of the 40 years since discharge, being a threat to myself and others in a work environment, coupled with 40 years of financial statements which was below the poverty level ( totally free VA health care and medications since 1970 because i didn't qualify for co-pay ) and now my social security records which are missing the last year of my military service ( DD didn't pay SSA the money that they held back from my pay ) All of my doctors are shocked that the VA could not connect the dots to see that i have been TDIU since 1970. But again, much to my surprise, no one has ever suggested submitting the request form for TDIU. No one has ever connected the dots for me that point to unemployability. Last year Sharon suggested that i apply for "None Service Connected Pension". i had no idea what THAT was nor was i aware that such a thing was available for me. Had one of my VSO suggested it for me it would have changed my life in ways that i can not even imagine....maybe it might have helped me with this 40 year old case? Sharon had me file right away Feb 28 2008 so now that consideration is waiting for the appeal to end so it can be determined if i qualify for the $1,100. a month for non-service connected pension or if i just continue collecting the $770. for 50% SC And yes i know the rule for collecting the pension are much more rigid but if my math is correct i qualify. If i get TDIU then the Pension is mute. i do understand on an intellectual level that beating myself up is not the right thing to do but i have to lock myself up sometimes to stop myself from doing things that aren't good for me and may get me in one kind of trouble or another. One more thing: i think i may have mentioned this before: i just went to a well know shrink in the area who examines and wites IMO letters for vets. Unlike some other doctors that i've seen who are not happy about being asked to write a letter on my behalf; this guy told me "I know what to say. This is what I do" He wanted to send the letter to my VARO. i asked him if he would send it to me so i could carry it to my hearing. It was a good thing that i did. i could see that the letter had the kind of language that the VA likes to see but it was surely not a scholarly letter. But specifically, he got some of the dates and facts wrong. For instance he had me getting divorced in 1971 when in fact i didn't get married until 1975. i called the office and spoke with the nurse who assured me that the doctor would help me. She put me on hold to see if the doctor was willing to change the letter. Hmmm! If the letter was wrong why wouldn't you be willing to change it? He suggested that i make the changes to the letter that "needed" to be changed and email it to him for his approval. Now my question is: do i read your IMO information and customize his letter in hopes of him just signing it or do i just correct the obvious date mistakes? Thanks again Stepp

In another TDIU post Berta posted this: "VA wont consider TDIU until they get a formal 21-8940 TDIU application." A day or two ago i found a similar statement on a non-hadit page. i am awaiting a hearing date on a NOD from my june 09 award which i sent in a disagreement about the %. My thinking was: get 70% so i can ask for 100% TDIU. Mostly i've been told that i can not have 100% with my current 50%. i did not ask for TDIU. Never knew about nor was it suggested to me by any of my POA's to submit this form/request. i have already claimed to be an idiot. My brain must not be working right but when a veteran goes to a poa, a VSO who is trained to know VA law; then is it too much to expect that they will read all through your files that you have not worked, you will not be able to work, " you have not worked in 39 years " etc. that they will suggest that "we submit form 21-8940 and make the case for TDIU since your work record, VA record, and even service records address not working issues"? Maybe a case can be made that all veterans need to be responsible to know their own case. On the other hand most of us have been in situations where our buddy is stunned by something unexpected and only we can see what they can not. In the field it can save someone's life. i think this could have changed my whole life had someone seen the bleeding and helped apply the necessary fix until i got the help i needed to help stop me from losing my mind. Just thinking about "yet another mistake i've made" zaps the life out of me. i beat myself with disbelief til i can't move, i unlpug the phone, lock the doors, close the blinds, take some pills, and crawl up into a ball and wait to pass out so i don't have to face the idiot once again. is it too late to send VARO the form? If i was at work now i would not be able to carry on...my mind races out of control and it is best if i'm alone. PS: It was suggested many years ago to file for SSI or SSDI but i didn't work enough to qualify. My regular SS is 333 dollar a month. Most best 18 years were military and before...starting in 1962. You do the math.

The judge's explanation is about 3 pages long. The last paragraph says: " As a propnderance of the evidence is against the veteran's claim, the benefit-of-the-doubt rule does not apply, and the veteran's claim entitlement to service connection for prostate disorder is denied. See 38 USCA 5107 (West 2002 Supp 2009 ) However, unless you want to see every word i can tell you that my IMO/IME letter from a well known well respected urologist who reviewed both service and VA records pertaining to a chronic recurring prostate disorder: " was incurred in and aggravated by his active duty service. " He had noticed on "Standard Form 89" aka Report of Medical History that my Jan 1967 report and my Feb 1970 report noted "frequent and painful urination". He read my VA medical notes as early as Oct of 1970 "noting that the veteran had an intermittent history of prostatitis. Examination reveals that he had an enlarged and 'baggy' ( boggy ) prostate." He also read a letter and medical records from the family physician who treated me from April 1970 until April 1972 for prostatitis. i was discharged in April 1970. The judge says: "..the VA examiner's, and the board's review of the service records shows no diagnosis of prostatitis, the board simply does not find Dr. M's opinion to be persuasive." " The board acknowledges that the veteran was diagnosed with prostatitis within one year from discharge from service. However, prostatitis is not a disease for which service connection can be presumptively granted." See 38 CFR 3.307 (a)(3); 3.309(a) (2009) "Therefore, although the veteran did have prostatitis the same year he was discharged from service, such fact does not show that it was incurred or aggravated by his service." One other paragraph in her decision says" The board acknowledges the veteran's contentions that he was told that he had an enlarged prostate at his discharge examination and not to say report it to avoid delaying his release from the service. However, the veteran's assertions are contradicted by the findings on the discharge examination, which plainly revealed a normal prostate." Kinda crazy to think that the exit exam doctor suggested that we "lie a little" and " we can handle this on our own". Why would he then enter the reality of an enlarged prostate? So this seemed to be the dagger in the heart. But around Christmas this past year i found that doctor and asked him if he would make a statement to that effect. He said that he would but wanted something more to refresh his memory. He's now a teaching physician at a medical school. i was going to visit him with pictures and records but ran into the same VA mistake machine that i ran into in 1970 and have been unable to visit with him yet. And if prosatitis is only worth zero percent at best then why waste my time? If you read my other post from yesterday about what to choose as a reply; you will see that i mention what was missed back in the very first decision which was a denial. But in the denial it was mentioned that medical records came in late that were not considered for that decision. The records were the private doctors records with details about what i was treated for including the prostatitis, urinary problems, and notes about the medications the VA RX'd which almost killed me from liver failure. Notes that included the phone call he made to the GU clinic suggesting that they hospitalize me. It was after that call that my VA records disappeared at the Miami clinic.

Berta, i'm off the the VA ER now and will reply to your questions when i get back. i do want to ask you this: when you ask me: " Can you tell us exactly why they denied? " Do you want the judges words or do you want to know why i think they denied me? Of course my opinion is mostly subjective but there is one mistake that was made in the original decision that has perpetuated every denial since then. In short the first decision states that medical records were received after the initial decision and the writer of the decision suggests appealing. i did appeal. My POA read the decision and suggested "not muddying the waters" by adding more new evidence. He suggested appealing simpley for consideration of those records that were mentioned in the decision. The appeal was denied for not supplying any new and material evidence. The POA who suggested to "do nothing", was gone and so much time had passed that it was near impossible to get the new POA to understand what had happened. That one fact has never been addressed. Isn't that "clear and unmistakable error"?

Instead of replying to everyone who has taken the time to answer my question here; thank you! This has been one of the best sites to get helpful information in my appeal. There is so much to know about VA claims for disability. One of the problems that i have is knowing what all of the abbreviations mean. And sometimes the process reminds me of a complex game of simon says. So if one doesn't know how to say "may i" you have to go back to the beginning and start all over again. i have been playing this game with the VA since early 1970. So, no Pete, i am not new to VA Claims however i am always ready to be surprised by information that neither i nor my vast assortment of VSO's over the years. In 1977 or so i became friends with an attorney who wanted to represent me pro bono. He was for the most part a good attorney but didn't know VA law and it's actually possible that his contribution to my file has not helped my cause. Every lawyer that i have spoken with since my appeal has been floating around has suggested that i wait until the decision. Now that i have the decision my next step is to reply. The clock is getting short. i have about two weeks to write and tell them something. In those choices that i listed it sounds like i have to give specifics about why i disagree. The one thing that the attorney pointed out after reading the whole decision was "benefit of the doubt". His point was this: "You have a doctor who said that you have X and that it is related to active duty and they say that it is not related. You doctor's opinion provides benefit of the doubt." The truth of the matter is that there is more than that. The biggest problem as i see it is this: the amount of time it has taken to connect the dots makes it near impossible to even remember that there are indeed unconnected dots. i requested transcripts from my hearing and copies of my last C&P exam. There are tons of old and new mistakes including the judge talking about a letter that she wrote where she explains it about one thing when in fact it is about something COMPLETELY different. Can i say THAT in my reply?

On Mar 7th 2010 i received a travel board decision and given 120 days from the date on the decision to reply. These are the choices i was given: 1 Appeal to the US Court of Appeals for Vet Claims 2 File with the board a motion for reconsideration of this decision 3 File with the board a motion to vacate this decision 4 File with the board a motion for revision of this decision based on clear and unmistakable error. "Although it would not affect this BVA decision, you may chose also: 5 Reopen your claim at the local VA office by submitting new and material evidence." According to the two page of VA form 4597 ; if i understand it correctly, #1 is a must if i want to go that route. Besides # 1 there are these other choices. Can someone explain to me under what circumstances i would ask for a reconsideration vs a revision vs vacating "this decision"? Thanks

At my first hearing the AL POA who had been handling my case and who spoke with me over the phone several times before the hearing, and who were always very supportive and encouraging; turned against me when they saw me. They didn't like the way that i looked. In fact the rep i had been dealing with told me to go to Walgreens and buy a hair clipper and razor before the hearing. i wasn't going to change who i was to satisfy his dislike of "hippies". When it was my turn to go into the hearing my guy suddenly got sick and someone else came in with me. The rep i had kept saying things that had nothing to do with my case. And so it goes....

Pete, what does "in house VSO" mean and is PVA a person or something else?

John, The judge made her decision and i received it March 7th. The lawyer asked me to send him a copy of the decision. After looking at it he said the one of the issue clear had benefit of the doubt. The judge seemed to think not. i have until June 7th to reply to the court of appeals and unless i'm reading the instructions wrong; to reply to one of these: 1 Appeal to the US Court of Appeals for Vet Claims 2 File with the board a motion for reconsideration of this decision 3 File with the board a motion to vacate this decision 4 File with the board a motion for revision of this decision based on clear and unmistakable error. "Although it would not affect this BVA decision, you may chose also: 5 Reopen your claim at the local VA office by submitting new and material evidence." <---why i would want to this is a mystery. i really have no clear understand of which one of these choices would best serve me. My POA's over the years have not necessarily known the best and right thing to do. Most non VA attorneys don't have a clue. Maybe i should cut and paste this question in it's own post?

i had an appointment with this shrink who works mostly, if not only with veterans and his specialty is IMO's. The visit to his office was so different than any other Pdoc that i had ever been to. His whole staff was geared to helping me wade through the stuff that doesn't matter, find and focus on the stuff that does matter and will be needed to write a solid IMO, and he also addressed treatement. The letter has not arrived yet... i anxious to see what he has to say.

i've spoken with an attorney several times already. Yesterday a VA attorney called me back after reviewing my SOC and SSOC as well as the Mar 7th decision from the travel board judge. His advice was not very clear. i told him that i expected to pay him even if it was just for an hour or so in his office for the NOD. He seemed to focus on replying before the 120 day limit to the court of appeals and of the other choices in the judges decision he suggested to choose "vacate" and i am not sure what that means but my gut tells me that "vacate" would have been the last choice or not a choice at all. To get an attorney now just before my hearing seems daunting. How would he be paid if i win? Would he get the 20 or 25% of the award above and beyond what i already have or would he get retro'd % of the whole award? i think the evidence is clear that since discharge i have mostly no worked. All over my service records as well as my VA records there are referrences to NOT working and Unemployable. No POA has EVER suggested TDIU. In fact i never heard of it until joining HADIT and it took until now to know that i could "ask for" TDIU. Maybe i'm more stupid than my POA? Can i get rated as an idiot? If so i'm definitly 100%. HA!

My POA is that and then some Pete. They have in reality abandoned me in the middle of my appeal. Attempting to find a new POA has proven near impossible since i was told by the American Legion NSO that "there is an unwritten 'rule' that one service organization does not take on the appeal of a veteran mid-stream..." i asked why and was told: " we won't take credit for the work that another organization has done ". Maybe that means the screw ups as well as the sucess. In any event, they don't even return my call. i have an NOD hearing sometime in the future where i was going to argue the percentage. If there is another way of going for the TDIU that i should know about please let me know. Thanks for your feedback.

Thanks Berta. Sorry it's taken so long to get back. i will read the IMO thread. You asked: " Have you formally filed for TDIU? " No. My POA has told me that i can not apply for TDIU because 50% does not allow me to file for it until one disability is 70% or two equal 60%. If you know otherwise please explain. Yesterday i called the 1 800 number and was told that there is no record of a travel board judge decision. i have about three weeks to respond to that decision. Since my POA has bailed on me i'm left with figuring out what to say besides : "I disagree with the judges decision."

Berta: "It is miserable to keep re- copying and re-mailng stuff but this is often the only way to insure they get it." That most of us realize this to be true is in my way of see things: a double edged sword: On one side knowing that if we do not do this redundant, paper producing, paper confusing, time wasting action(s) our odds for a successful case and winning it goes down; so we do it and hopefully it cuts in our favor. On the other-side of the equation knowing this to be true and doing nothing to change it encourages the VA to continue it's dysfunctional behavior with the sword cutting us and our families. Beware! It did not go un-noticed by the VA: They are well aware of The Goats of Forgiveness reported in the news yesterday. They may try that next. i'm sure they will find one of those special laws applicable to us and only us to support their proposal. About my appeal: there are three items on appeal. Over the 10 or so years that this case has been open, or is it "reopened" it has morphed. At some point after the TravBrd hearing it became a challenge for service officers and the reps who field the 800number calls. Often they would tell me that there were 6 issues. The best explanation was this if it makes sense: there were three appeals and three remands. DAV called me on Wed. i spent an hour on the phone attempting to break it all down for the person who returned my call ( someone that i never spoke with before ) He want to know everything. The clock struck 4 and clearly i was being rushed to finish and promised a call back by noon on Thursday. That didn't happen but i spent the morning assembling the critical documents, letter from BVA, RO, Senator, and Travel board judge herself. The more i read the better i understand how confusing everything is. The letter from the judge dated Nov 06 and mentioned in detail in her recent decision letter makes ZERO sense. As I read the Nov letter I remembered exactly what it was in reference to and it had NOTHING to do with her statement in the Mar 2010 letter. If i could pick one thing about my case over 40plus years that represented a myriad of similar mistakes i might pick this one thing to illustrate the nonsensical way that this system works. Also: In the letter to the Senator from Varo, Varo claims : "it's complicated and sometimes there isn't an easy answer" However they do tell the Senator that any and all new evidence will generate a SSOC. The evidence that i submitted and got time stamped is not even mentioned in her decision. Not only is the evidence time stamped but i have certified mail to Varo, BVA, and the judge who all received copies of the time stamped evidence along with a statement that the DAV would not submit my evidence and that other Service Organizations refused to take my case while I was in the midst of an appeal. No exceptions! " Unwritten Rule " as the American Legion SO told me before hanging up because " I don't have the time " i'd be willing to pay someone, especially if i knew that they were good if not the best at what they do, to review my service records. Of course they would have to know what issues are undeniable and what % each can be awarded. Recently i was told that prostatitis is never more than zero%. Maybe i should just give up on prostatitis.

No. The judge wrote her decision alluding to missing records that she claims are now found. These are critical records that i haven't seen since they were placed in my hand to carry from one dept to another and i would read them in the cafeteria on the way to the next dept. If nothing else they show that i was indeed being treated for the conditions i claim. ( BTW i got a letter from my Senator along with a copy of the decision and in it was a form stating 120 days to reply which was missing in the decision sent to my house ) i'm trying to figure out who has the records? BVA who may be waiting for my reply? Or maybe VARO NC who will hear my NOD about the % awarded for the one of 3 issues that i was awarded last year? And lastly i was asked if my whole service record was ever examined for the issues most likely to be undeniable. The answer is no. Who would/could do such a thing? Does it make sense to find someone to do that?