Yes, President and VASec a couple times. totally ignored, well, they entered in the notes they spoke to me but never contacted me. I was told "out of school" by the Regional Office that this is why some of the documents went missing and to never do this again, makes them look bad so they make me suffer.
Lawyer says that the Regional Office will put me in front of the line due to the early docket date. She says that's what they are "supposed" to do. But... can't contact or do anything
They know the exact order the cases will be considered. I'm at the end of the list (and last heard they are backlogged 30 months) Their estimate online was April, since then is in three weeks. This changes every couple weeks so it always is in about three weeks.
thx!
1. Yes. C&P says unable to work due to the awarded disability. BVA remand quotes notes from my private docs that the VA C&P examiner was supposed to address. These notes were not given to the examiner (of course..).
2. Yes, the SSDI is for the same disability. The VA doc who examined my medical notes in 2016 (not in person) said that CSF leaks, neurogenic bladder etc. are not due to a spinal cord injury while the SSA award said they are symptoms. The VA examiner also said that headaches/depression/mental issues are unrelated to TBI, SCI... and so on. The C&P examiner this spring says all symptoms are a direct result of the SCI. (of course my private docs all say same thing as C&P doc). There is no doubt of a higher rating based upon medical evidence. its 20 docs opinions vs 1 (of course I thought the same thing when it was 19 vs 1 due to the benefit of doubt rule...). The regional office actually had to send my file out to three VA neurologists for medical review to get one who say i wasn't disabled (actually the 3rd doc said that they could not link the symptoms with 100% certainty, didn't say that they were not symptoms but "just as likely as not").
3. Yes, the last remand in 2013 ordered the regional office to consider the SSDI case. The 0% award said that the symptoms are not due to the disability. Mistakenly, the award actually says that the symptoms are due to the disability, the RVSR probably accidentally left in one of the second examiner's quotes in the award/SSOC that says due to the spinal cord injury. Of course, the next paragraph it quotes the second doc who says they are not :). The BVA ALJ actually points out in the remand that one of their own medical examiners said it was disabling in the SSOC/Award.
I think the first time the RVSR initially was going to give an award greater than 0%. In sept 2016 it went to pending decision approval, then back to gathering of evidence and the third VA medical examination of my file is dated Oct 2016. It has been alluded to that this was the revenge for filing a VaSec complaint.
4. Anyways, I don't know about the staged rating, the 0% award says the disability is decades old and it states the symptoms have been going on for that long. The denial for a higher rating was due to the VA medical examiner who said that the SCI symptoms where not symptoms of the SCI. I also had spinal cord surgeries over a decade ago that list the symptoms even back then.
5. I can't find it 11-12 something.
I apologize for going off topic and venting.
I guess the consensus is that even with a 11-12 docket date that the regional office can prioritize based upon when they received it rather than any other order. The BVA ALJ and my attorney are wrong that it should be dated by the original remand.
Thank you!
Chris