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lawrencebe
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Posts posted by lawrencebe
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34 minutes ago, Oceanbound said:
File a petition for a Writ Of Mandamus against the VA. "I don't know how?" and this is where the KISS principle comes into play. Then mail it at the postal office on Monday.
October 11, 2019
Dear VA,
This certified mailed letter is a Writ of Mandamus for my claim for the DRO review.
Signed
Your name
Stop the madness sir!! Lol! You and I both know it’s gotta be more involved than just that lol!!
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1 hour ago, 63Charlie said:
You could most likely get the ball rolling by filing a petition for a Writ Of Mandamus against the VA.
I’ve read about this and I know there’s a few different forum posts about this but I would need help in figuring out how to write this up where to send this to. For some reason though it seems like that Writ is for people who are at the BVA level waiting to see a judge.
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Tomorrow will mark 7 years that I’ve been waiting for the VA to make a decision on my original claim. Currently I’ve been waiting 6 years for a DRO review to be completed, since August 2013, and while things were moving earlier this year with exams, it seems as if my claim has stalled since July of this year. I’m currently Hardship flagged and hopefully waiting for something soon but I’m just seeing if there’s ANYTHING I can do to get this thing moving.
I have a current White House VA case pending, I’ve contacted lawyers who can’t help until I get an SSOC, my VSO can only give me the “hang in there” speech and my congressman hasn’t replied to my email for assistance. IRIS gives me the same statement that the 800# gives and I can’t opt into any AMA lanes until I get an SSOC. The RO in Oakland has no answers either and after tomorrow I believe it will be time I move on from this VA circus and focus on something else. I just need to know is there anything else I can do?
If I’ve done all I can and need to wait then that’s ok. I feel like I’ve given this a good fight since last April to at least get this far but if there’s anything I can do can you guys let me know?
Thanks for your guys help...
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Update: 7/17/2019
Finally got scheduled for my last C&P exam Monday for flat feet. It’s kinda surreal after fighting this process for almost 7 years it’s almost over. I’ve been freaking out as this part is the appeal process that’s going to have the biggest back pay to it...life changing back pay that I need.
Just a question for those who have been through a DRO review, how long after your final exam did you get your decision? My last decision on my reopen took 2 about months so I’m wondering should I expect the same time line? I’m aware everyone’s timeline is different depending In the RO but I’m just trying to see if it took people months, like 6 or more, to get a decision and receive back pay so I can be mentally ready.
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1 hour ago, vetquest said:
No, I did not file a CUE on this. I sent in a letter to the RO detailing my situation and told them that they were wrong on the decision and stated the regulations that proved my letter to the VA could be considered a form 9. I guess you could call that a CUE, but it was not a formal CUE, the VA then adjudicated my case at the NOD level. I lost and had to go to the BVA but I kept my initial filing date.
Ok I understand and I will definitely be doing that asap. I really appreciate that and it helps to know that because I wonder how many people haven’t gotten their fair pay when the form 9 was still around. Thanks a lot for that!!
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On 6/30/2019 at 7:42 PM, vetquest said:
This is so true lawrencebe. Never trust your VSO 100%. I almost lost five years of TDIU because my VSO did not file the proper form 9 when appealing a decision. He apologized and told me to re-file. I went to two other organizations and they told me to re-file since I had lost my original date. I did some research myself and found that at that time the form 9 could be written on a napkin. I had filed a statement when my VSO sent in the NOD without a form 9. I challenged the VA who said it was too late to file and won my original date.
Did you file a CUE claim for this? I would love, as well as current and future members who read this, to know what you did to accomplish this!
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Update 6/30/2019
Made it to my appointments yesterday for razor bumps, back, knees, and ankles. Luckily I had the EXACT SAME examiner from last year who remembered me. While I understand updating about appointments isn’t exciting I want to point this out to those who will be reading this later.
IF YOU ARE APPEALING YOUR DECISIONS MAKE SURE EVERY SINGLE CLAIM THAT WAS DENIED IS ON THAT APPEAL.
What do I mean?
If you were denied for certain parts of your claim, and you choose to appeal (I suggest you research other options before appealing), please ensure you have everything on that appeal form that was denied. When I mean everything I mean everything.
Let me tell you why...
My appointment yesterday was literally done for a second time because my VSO failed to properly fill out my paperwork. He only put 5 out of my 10 claims on appeal. My decision that was won earlier this month took 6 years because of incompetence on that VSO and my ignorance not researching what to do on my own. I was also screwed out of an earlier effective date because 5 of my claims were a “Reopen” instead of being on appeal.
While winning is great I want you to calculate, let say, $440x81. That’s a lot of money right?
Your back pay is the major reason why double checking your paperwork is important. I lost possibly over $25K due to inaccuracies in paperwork and fighting what you signed in a legal document, in the form of a CUE claim, will be next to impossible. The VA will overturn errors on their end but things you fail to do, like filing the wrong paperwork or not paying attention to what is written on/in that paperwork that you turn in or someone else does for you, does NOT qualify as Clear and Unmistakable Errors.
Until next time...
peace
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Update; 6/23/2019
My appeal is still going through and I had to retake my psychological exam. One thing you guys need to make sure you do, if you’re claiming some kind of “adjustment disorder”, if it’s not debilitating and causing you to be unemployable, is to clarify that clearly and concisely.
What does that mean?
In your psych evaluation make sure that your statements aren’t going to mess up you nexus. For me I had anxiety that brought on paranoia, when I had my first set of attacks. If your psych hears that they will almost automatically mark you down as having psychosis. You need to be clear and make sure that when you’re explaining the type of paranoia you had, it’s in the realm of “I walked past a group of people and they laughed and I felt as though they were laughing at me cause (insert reason)” so your psych will know it’s not you being schizophrenic.
Delusions, hallucionations, , talking to yourself, isolating, hearing voices, paranoia, etc etc, if not stated clearly, will almost trigger a 100% rating because they’re symptoms of psychotic behaviors. You must be clear and make sure that you explain, if your claiming depression or anxiety, that your initial onset and thereafter on triggered brought/will bring those type of stressors on.
I have another appointment 6/29/2019 so I will be updating after that as well.
Stay strong my friends..
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Update:
6/12/2019
FINALLY got my first rating(s) back from the VA.
30% SC
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Update - 5/19/2019
All of my requests have beeen closed for my October 2018 “Repoen” and my DRO decision is still pending.
I will continue to update this thread whenever I get some traction for those who will read this in the future. I know it’s gona be tough, I know the anxiety is going to kill you, but just keep going. If you’re like me you’ve already contacted the White House Hotline cause yo weee fed up.
Some things Im doing to keep sane during this process:
1. Went to every apppont I had and responded to all VA correspondence PROMPTLY.
2. Had a 3-n-1 printer (with fax) in my home. Faxing is almost $2.00 at places like FedEx Kinkos so this little investment will pay off.
3. Had a binder oganized and ready to go at ALL times. C-File, VA appointments, C&P exams, originals of faxes, military records all the way down to the Memorandums I had from different units. I also made sure
4. I STOPPED contacting my VSOs unless I had an update or wanted to check in.
5. I regularly check VA.gov (2x a week Tuesday’s and Thursday’s) to check my status. Checking everyday stresses me out but not checking made it worse so 2x a week was a good balance.
6. I called the hotline once a month. Listen you’re gonna get the usual VA when someone answers the phone.
And last but not least
Lived life
I’m in my Sophomore year of college on the VAs dime, getting my monthly stipend. I work, spend time with family and friends, I do cardio 5x a week, whether it’s walking or the treadmill or or riding the stationary bike, and just live normally as best as I can. This process can be hard and lengthy but at this point I’m living so VA money or not I’m going to keep pushing.
I also read and post in this forum, not to find pittt or wallow in self doubt, but to keep hope alive and see the many who have fought and won.
So until my next update
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UPDATE:
So I’ve seen over the past few weeks a couple of you guys have had there NODs finally processing after a long wait.
My current timeline is long so please bare with me. Here is what’s been going on this far—
October 2012
Orginial Claim
February 2013
Denied on all claims
August 2013
NOD filed for DRO Review (de novo)
April 2018
Reopened Original Claim
August 2018
VA receives 2013 NOD
November - December 2018
C&P Exams for April 2018 Reopen
January 2019
Notified that some issues that were on April 2018 Reopen could not be reclaimed due to pending Appeal
Called White House VA to file complaint
February 2019
Received call from Houston VARO that WH VA Compaint was received and my appeal was a legacy appeal that is now “being worked”.
March 2019
Vets.gov shows I have Reopened claims from October 2018 (April 2018 Reopen) and my NOD is at DRO Review for other claims from August 2013
Received letter requesting approval to obtain medicial records from several different places.
April 2019
C&P Exam
As of 4/5/2019
Evidence, Review and Gathering phase for April 2018 Reopen (showing up as October 2018 Reopen).
DRO is reviewing documents for April 2013 NOD
Has anyone else experienced going through a Reopen Claim while an Appeal is processing at the same time? I’m just curious cause this seems like a lot of moving parts and I was told my April 2018 Reopen couldn’t be closed until my Appeal was done. Does the same person doing the Appeal handle the Reopen at the same time during the DRO process? My most recent C&P exam (4/4/2019) was for my April 2018 Reopen so this is kinda confusing the hell out of me lol!!
Thanks for the feedback!
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22 hours ago, 11cvolley said:
I used Woods and Woods. No complaints and they won my BVA case for a better backdate and my increase from 70% to 100% for ptsd.
Called them today and they’re only looking for 100% Disability cases where vets are unemployed. They sent my situation to one of there other partner firms. It’s a definit start!
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I just got off the phone with a law firm.
They couldn’t help at the moment and I may run into an issue with finding a lawyer to help my appeal because it’s still pending and there hasn’t been a DRO decision made. At this point all I can do is inquire as to where I am in the appeals process and if January 15, 2019 is the start then I have awhile to go. She suggested that I may need write my congressman and see if that helps as Oakland VA is one of the two worst VAs in the US.
May have to try that route but at this point it seems liken I gotta wait for a DRO decision to come down. No telling how long that will be but hey at least I know where I’m at with all this mess. Hopefully by this time next year I’ll hear something back.
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54 minutes ago, vetquest said:
That's awesome. Now that they are showing an appeal you have some standing. I have to agree with 11cvolley that it might be time to consult a lawyer. I find it distasteful that we have to involve a lawyer to get justice at the VA but that is what I had to do when the VA started pulling illegal shenanigans in my case. A lawyer has avenues of approach that we are not allowed to use or even know of.
That’s a great idea you guys have suggested. Do you guys have any recommendations on a lawyer or firm in particular?
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Update:
Ebenefits and VA.gov both have updated with my appeal from 2013 (VA finally received NOD from August 2013 in August 2018). Seems like I’m now waiting a DRO decision. My questions now are:
1. Did the C&P exams I did end of last year count as N&M Evidence?
2. Am I waiting on a DRO decision or is the another 5 year wait to get a DRO to look over my case (Ebennies show appeal has been started or received January 15, 2019).
3. Is this a DRO decision or because I submitted new evidence is this new with a SR VA Rater?
Thanks for the help guys! At least I’ve got some kind of traction.
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FWIW I have the same thing going on. Called the hotline and of course they saw nothing. One thing I did notice before this was that some of my claims on appeals were not mine.
Definitely seems like a glitch cause this would be waaay too much of a coincidence if it wasn’t lol..
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Update:
My IRIS inquiry came back yesterday and the VA was going to close out my reopened claim from last year. Apparently they wanted me to refile my 516EZ and run through the whole process because of this “appeal” that is still pending. Luckily the rep I spoke and agreed that if there was a pending appeal then I shouldn’t have received a letter in May stating that I can no longer appeal AND I shouldn’t have been scheduled C&P exams last year. She was very understand and unresolved my IRIS inquiry, sent it back, and wrote a great response in detail demanding they give a decision on my reopened claim from last year. We shall see how all of that goes but I want to thank all of you especially @broncovet and @Berta for your words of encouragement and guidance! I’ll keep you guys posted!
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2 hours ago, Berta said:
It does seem to say they are working on this NOD
"My VSO also refiled for a new claim at the same time as the 2nd NOD in April 2018."
and that some of the C & P exams seem to have been favorable, per the VSO.
"A letter from the VA which will be sent tomorrow Jan 2, 2019 is stating in summary that I cannot refile a new claim with the same items that are still being appealed which is blowing my mind."
That makes sense to me-and I believe they mean the new claim of April 2018, that your VSO sent with the NOD.
Also the VA sat on one of my NODs for at least 5 years. I couldn't wait for it to get transferred to the BVA.But another RO took jurisdiction over it, due to the 2010 Nehmer Court Order and they awarded it very fast.
In your case, the exams you missed might well prevent your ability to file for a better EED than whatever they give you-which will probably be the 2018 date of claim- but hopefully they will award some or all of the issues.
"He was able to see where my C&P exams were also in my favor with a lot of stuff being checked off as yes."
The "Yes" check offs do not necessarily mean they have enough to award.
It is the nexus statement at the end of each of the C & P s and any other proof they have of the nexus or link to whatever inservice event caused these disabilities, and anything the examiner says that supports how these disabilities affect your ability to work.
You know and that’s what I’m thinking at this point too. It’s all very confusing as I got a letter in May about the 2nd NOD being denied due to being filed outside of the 1 year timeframe to appeal a decision. (Photo Attached).
Im concerned about the appointments I missed causing an issue as well but the nexus statement, (the one about is it service connected or 50% right?), was checked off yes as well.
My thing is I can’t tell at the moment where any NOD or appeal is in place, VBMS doesn’t show it, my ebennies and vets.gov don’t show it, nor can anyone at the VA see this “appeal”. I’ve called WH VA and theyre putting in an inquiry along with the VA to see what is going on so hopefully I will have some answers soon.
Thanksngiys for all of your help thus far!
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16 hours ago, Berta said:
Please scan and attach the VA letter here when you get it-
cover your C file #, name, address prior to scanning it.
We can help more if we can read the actual words of the VA.
Posted
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1 hour ago, vetquest said:
That is a dilemma. It seems by reading the denial you already have a claim pending. You say there is no record of it though. I say it is time to contact the white house vets number. 1-855-948-2311
Yes prior to me completing my exams there was absolutely no record of an appeal on Vets.gov, Ebennies, and nothing on the BVA website. My VSO back in April 2018 could see where an NOD was sent in but could not see in VBMS where the VA ever sent anything to me in regards to that NOD or even acknowledged receipt of the NOD back in 2013.
I called the WH VA # and the VA # too and all I pretty much got was case #s to follow up on in a few weeks. Seems like no one has answers, besides wait a few weeks, and that is unacceptable to me. It’s absolutely ridiculous that after 5 years of silence and AFTER me going to exams, which seem to have gone favorable for me, this NOD from 2013 pops up halting everything with not a single person who can verfiy it’s existence besides what’s written on a letter. I’m not trying to say this is some grand conspiracy, because in actuality this is a good thing, and I understand things slip through the cracks but that’s an awful lot of slipping.
So the next step will be me going to the Regional Office and seeing what they say because this is a dilemma and one that’s turning into a circus.
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Update:
Just left my VSO and the VA did find the NOD that was filed in back in 2013. Here is a copy of the letter that was sent.He was able to see where my C&P exams were also in my favor with a lot of stuff being checked off as yes. Now it’s just time to wait and see who this has been referred to.
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Just got off the phone from calling the 800 number. My reopened April 2018 claim was closed on December 31 due a prior appeal “pending in the system”. I had the rep look for that “appeal” and just as I thought and my VSO confirmed back in April 2018 there is no record of me filing any appeal over the last 6 years. Nothing other than the NOD from 2018 that was denied for obvious reasons.
The rep on the phone submitted a request to “investigate” what is going on as she thinks it’s a “system error”. We shall see what this “inquiry” turns up but at this point it’s more of the same—delay and wait.
I’ll keep you guys updated and post that letter once I get it and the results of the inquiry.
Thanks for the input!
Edit: Also checked the BVA website to see if there is anything over there and oh course—nada.
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Posted in a different forum but I’ll bring this here as it’s more appropriate.
Back in August of 2013 my VSO sent in a NOD (which was within a year of my denial which I received in February 2013). This NOD was done because I was unable to get the VA to reschedule my C&P Exams in 2012 after requesting several times and subsequently all my claims were deemed “Not Service Connected. Not Enough Evidence”. After 4+ years with no word from the VA I went back to my VSO in April 2018 and he refiled a NOD, with the original one attached, and I received a denial in May 2018 saying my NOD was outside of the year time frame.
My VSO also refiled for a new claim at the same time as the 2nd NOD in April 2018 because he was unable to see in VBMS anything regarding my an NOD, if an SOC was sent, or any DRO status. My original claim at the time was closed and nothing else seemed as if there could be done.
The new claim was accepted in April 2018, I sent in my packet in October 2018, and I began going to all my QTC appointments with my last being in the beginning of December. All seemed well but my new claim is gone and after speaking to the VA over the phone it now seems as if my new claim was denied due to my original September 2012 claim still in the appeal process from August 2013.
A letter from the VA which will be sent tomorrow Jan 2, 2019 is stating in summary that I cannot refile a new claim with the same items that are still being appealed which is blowing my mind.
So at this point I’m trying to see if I (my VSO) should send in another NOD, send in an I9 or do something else to figure out what is going on. 4+ years of not knowing what is going on is enough and somehow I need to fight I just don’t know where to begin.
Thanks for all the help and advice in advance!
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10 hours ago, broncovet said:
You asked:
Your QTC appointments, if not considered as evidence, could form a basis for appeal, or, a reopening due to 38 cfr 3.156 b.
If you think you qualify for an "advance on the docket", then you should do so. You probably qualify if 1. You are over 75 years old, 2. You are terminally ill, or, 3. You have documentation of a financial hardship such as a foreclosure.
Everyone has to play the "waiting game", welcome to VA Club Delay and deny.
Lastly, you are relying on unreliable ebenefits for your information. That is like asking a known liar for advice. Ebenefits can be useful, but fretting over it is unlikely to be productive.
Instead, this is what I recommend:
1Contact your VSO. If he is like many who "dont return calls", show up at his office and ask your questions. He has (or should have) access to your VBMS, while we do not, so he should be able to provide an update.
2At this stage, your patience sounds like a winner. Recent C and P exams demonstrate someone is at least trying to get evidence to award, UNLESS you already had it and VA is "developing to deny", a good way for you to appeal.
3. If you want to micromanage your claim, or, at least know what is going on, then you need to get your hands on a copy of your cfile. Check it to see if you have all 3 Caluza elements, if not, do your best to get them. Getting all 3 Caluza elements is the best thing you can do to win benefits. Make sure they are documented. If you dont know what the Caluza elements are, I would be very interested in knowing your VSO's response to your question, "What are the Caluza elements?"
Thanks for your detailed response @broncovet!
After looking over my paper work I can see where my VSO back in August 2013 filed an NOD and requested a DRO review after my original decision (denial) came in February 2013. I’m assuming that’s what is holding all of this up.
The interesting part about all of this is I never heard anything back from tha VA after the first NOD but the second NOD in April 2018 triggered a denial response that I received in May 2018. Obviously filing a NOD year outside of the 1 year time frame of my original decision would do that but at that point I’d assume I would’ve been told I already had an appeal in place—he also attached the original NOD to the 2nd NOD and I was still denied.
Even my VSO couldn’t see where the VA ever sent anything to me after the first NOD was sent in August 2013. I never received a SOC for the 2013 NOD, hell I never received confirmation of the VA getting my original NOD. So my VSO filed for a new claim, just in case my original was closed as it seemed it was at the same time as the 2nd NOD in April 2018.
Now all of a sudden I cannot refile for things that are in appeal but there is no record of the VA telling me about this appeal over the last 5+ years. I know I’m getting screwed but at this point I can’t tell where the screw is coming from to at least fight back.
Mind blowing but I’ll chdck back with my VSO tomorrow and see what they say and update some more then.
Help with DRO Appeal
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
Yes you are 100% correct!!
I’m guessing that the emails of these VA folks are first.last@va.gov? I was also gonna email other congressman but I don’t know if I could only really tech out to my District Rep or can I can I reach others?