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mrsvet28
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Posts posted by mrsvet28
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DOES ANYBODY HAVE THE SKINNY ON THE NUMBERS ON OUR CLAIMS
WHERE THEY SAY:
IN REPLY REFER TO
EXAMPLE:310/C
AP/TR
AND SO ON..........
I AM GUESSING THEY GIVE YOU A CLUE WHERE IT IS AT
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Yulooking
If it is in the hands of your lawyer you just have to wait. Is your lawyer getting paid a % of your possible retro? If they are it makes them work harder. If the lawyer is going to get 20% of several hundred thousand dollars they tend to want to make it happen. This is capitalism in action.
John 999,
Have a question
I filed a 21-4138 back in March of 2010'- for earlier date of claim- they awarded the retro to 2002- but opened the claim in 98'
now they say it is CUE-and have closed it , because I sent them the original 1998 application and their stamp
they say it is duplicate evidence so they closed it Dec7-the day they sent me a letter saying they were working on it-
I even called the IRIS and spoke to the woman in Sept. and she told me what to send in on a 21-4138-What are they up to
I
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"SHOULD YOU WISH TO HAVE A CLAIM FOR CLEAR AND UNMISTAKABLE ERROR CONSIDERED YOU SHOULD REOPEN THE CLAIM AND PROVIDE NEW EVIDENCE
NOT PREVIOUSLY CONSIDERED TO SUPPORT THE CLAIM" That doesnt make sense- a CUE is one thing and a re-open is another thing-
"NOW HOW CAN I PROVE THE CLAIM WAS FIRST OPENED IN 1998 WHEN MRVET WAS FIRST DIAGNOSED WITH HYPERTENSION-AND NOT 2002?"
Send them a copy of the claim- a copy if you dnt have one- could be still in your POA file if you had a POA at that time.
Also I had a claim in 1995 that I cant find but the BVA referenced it in a remand I got some time ago.Did you ever have anything at the BVA?
BUT
"June they closed it for no reason AND SAID I SHOULD APPEAL IT ON A FORM 9/they had it mixed up with hypertension claim that was decided favorable in August for 0 percent"
August of what year? No CUE existed if there is not ratable comp due.
"Nov 2009 granted award after 11 years-PTSD/ IU P&T /HYPERTENSION / LEG INJURY"
What is the HBP SC % percent in this award?
hypertension is 0 % as of August2010- they seperated it from the original BVA remand with four issues and made it a seperate issue then they closed that as well-and I had to prove they made a mistake and so I did
I already sent them the 1998 claim- along with all papers to the dates from 1998-2001- I have 120 gallons of paperwork from 11 years!
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Hope this finds you elders well been gone awhile --
I'm happy to say I'm a granma again one of each now! will just review a minute
Nov 2009 granted award after 11 years-PTSD/ IU P&T /HYPERTENSION / LEG INJURY
retro went to 2002
opened claim in 1998
March 2010
opened for earlier original date of claim with evidence
June they closed it for no reason AND SAID I SHOULD APPEAL IT ON A FORM 9/they had it mixed up with hypertension claim that was decided favorable in August for 0 percent
had to prove that and did
July - sent evidence of the original date time stamp and original application for benefits from 1998 again
have the certified receipts
September said they are working on it via the usual letter from them and no further action on my part is necessary
October-they sent letter saying they received claim
December 6-they sent letter saying they are working on it
Dec 7-We are working on your claim for clear and unmistakale error for a rating decision July 2000 we are returning duplicate evidence which is already a matter of record
in your claims folder
THEY IRIScalled Dec 8th -they closed it again on Dec 7th SHE ASKED ME DID THEY ENCLOSE A FORM 9 OR A SOC? AND THEN SHE SAID SHE'D SEND A LETTER
todays letter states:
THANK YOU FOR YOUR INQUIRY REGARDING YOUR CLAIM. IT IS IMPORTANT TO US AND WE HOPE THIS INFORMATION IS HELPFUL.ACCORDING TO OUR RECORDS WE SENT YOU A LETTER DATE DEC 7 STATING WE WERE RETURNING EVIDENCE THAT YOU SUBMITTED IN YOUR CLAIM FOR CLEAR AND UNMISTAKABLE ERRORBECAUSE IT WAS DETERMINED TO BE DUPLICATE EVIDENCE ALREADY IN YOUR CLAIMS FOLDER,
THEREFORE YOUR CLAIM WAS CLOSED IN OUR COMPUTER SYSTEM BECAUSE THERE WAS NO VALID CLAIM TO BE PROCESSED.
SHOULD YOU WISH TO HAVE A CLAIM FOR CLEAR AND UNMISTAKABLE ERROR CONSIDERED YOU SHOULD REOPEN THE CLAIM AND PROVIDE NEW EVIDENCE
NOT PREVIOUSLY CONSIDERED TO SUPPORT THE CLAIM
PLEASE BE ADVISED WE DID NOT INCLUDE AN APPEALS PARAGRAPGH IN OUR LETTERDATED DEC 7 BECAUSE THERE WAS NO RATING DECISION MADE ON THIS CLAIM
PLEASE REVIEW THE ENCLOSED DEC7 LETTERIF YOU WISH TO REOPENED YOUR CLAIM FOR CLEAR AND UNMISTAKABLE ERROR WHICH GIVES YOU THE CRITIERIAFOR THE EVIDENCE NEEDED TO ESTABLISH THE CLAIM.
JUST LIKE THE LAST TIME WHAT THE HE,, IS GOING ON?
SHE IRIS INQUIRY ALSO SAID THEY'RE MUTIPLE CLAIMS OPEN -I SAID ISSUES OR CLAIMS -SHE SAID CLAIMS-BUT THIS SHOULD HAVE BEEN THE ONLY ONE OPEN
FOR THE EARLIER DATE OF CLAIM
I ASKED HER WHO MADE IT A CUE CLAIM-SHE SAID THEY DID-I SAID WHY
NOW HOW CAN I PROVE THE CLAIM WAS FIRST OPENED IN 1998 WHEN MRVET WAS FIRST DIAGNOSED WITH HYPERTENSION-AND NOT 2002?
I THOUGHT I HAD IT ALL COVERED-GUESS NOT ANY TAKERS FOR THIS ONE GUYS? THANKS MRSVET
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I am with Carlie.
It appears they sent a SOC dated 7/12/2000 with denials of all claimed conditions -referencing a request for proof of continuity of disabilities dated 8/13/99 and they stated that they received no reply to that request.
If you provided the evidence they asked for, (treatment records ,etc) and have proof of mailing it to them-you should raise that issue.
I had a hard time reading the downloads.
I don't know if the claim the SOC is based on would have fallen under the VCAA but still a VCAA letter would have requested the same thing.
What did they award in Nov 2009?
If this is to re open what appears to be a claim denied because they didnt receive the evidence they requested- you need to send them new and material evidence to re open the claim.
"I am wondering why you need to claim a specific disability for an eed- isnt the original application enough with the disbilities that most were successful after 11 years."
No. The earliest entitlement date for one disability might be greatly different from another disability.
TDIU and 100% SC awarded claims can sometimes warrant an earlier EED if the veteran received SSA solely for the exact same disability but these awards are usually only for one more year of retro.
Personal example:
Husband was 30 SC PTSD 1984
applied for higher PTSD rating Oct 1992 by letter
SSA awarded solely for PTSD EED Nov 1991.
applied for TDIU in 1992 on 21-8940 but this form was never acknowledged by VA.
(also filed 1151 claim March 1994)
posthumously awarded 100% SC PTSD July 1997, with EED of Nov 1, 1991 for 100% PTSD (same date of unemployability of SSA award)
Sec 1151 and FTCA award in 1997/1998
Obviously these were pending claims I had to re-open under my name after he died and continued to send them evidence.
The PTSD award involved evidence outside of the extensive psychological tests he had as well as years of PTSD therapy.
Such as an EEOC case he had against the VA.And personnel records from his employers.And 2 hospitalizations for PTSD.He had continuity of treatment since the first day of his diagnosis in 1984 and probably should have asked for an increase much sooner than he did.
In Nov 09 they awarded PTSD, IU, leg injury 100% P T
They scheduled a CP exam in Nov 2000-four months after the SOC and used it as weight against the other IMO's during the appeals
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mrsvet,
I am quite confused.
The award in Nov 09 was for PTSD-IU P and T- and leg injury total at 100%- retro from 2002/ but opened these claims in 1999, not 02
hypertension to PTSD at 0% last month/ also filed that in 99
PTSD and all the other issues were opened in 99-
if it was favorable -why do they need proof it was opened then and not in 02?
but in the appeals evidence they used the Nov 2000 CP exam as weight against other IMO's/which was 4 months after the July 2000 SOC / so how could they say the claim was opened in 02-if MrVet had a CP exam for PTSD in 2000?
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What I know is that if your rating became final the only way to change it is usually with a CUE. If the claim has remained open for years due to VA's neglect it is easier. If you filed a claim in 1990 and it remained open until you recently got an award then the ED should be 1990.
Talked to the woman from IRIS inquiry she really did call back-sent and faxed all the papers-so we will see what happens-they tried to say put in a a form 9-but it was never being appealed, I opened it as a new claim, and finally got them to accept the 214138. we'll see what happens -willvkeep posting
on the progress -
Question:
After the VA issued the final 100% decision for PTSD-leg disorder-and TDIU-I sent back Appeal status election and said satisfied with these 3 that were decided-Nov 09
Along with that they sent a seperate SSOC for hypertension related to PTSD- that was under remand pending the CP exam-which was favorable 50-50 or greater Dec 2-09
I replied to the SSOC with no further evidence-to be returned to be decided/as soon as possible 12/01/09
In March I called because never got a reply for the SSOC decision
They told me it was withdrawn on 12/22/09 because of the appeal status election form for the 3 issues/ and I never got notified about it being withdrawn
I explained they were seperated by the VA last year in 08 and I didnt understand why they did that-
Now they are telling me to submit 21-4138 again-I have a copy of the CP exam and will submit that as well as evidence-according to 19.38 Sec 20.302 the case will be returned to the board for further appelate processing unless the appeal is withdrawn or review of the response to the SSOC results in the allowance of ALL BENEFITS sought on appeal .
I know what they did even if it isnt compensable-it still is related to me being able to collect benefits, heaven forbid if Mrvet dies of hypertension in relation to his PTSD-correct?
How do you guys feel which way I should go with this- Thanks Mrsvet
Just an update this claim has been resolved, they never withdrew it- it was a seperate issue as I said and I keep mailing facts and calling and it was decided August at 0%compensable - due to PTSD, but I was able to prove the error was made.
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If the VA treats your claim as a CUE it is much harder to prove.
thats what happened with the last one-and it took 11 years- a way around it
what do you think of the downloads -do they make sense
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I am wondering why you need to claim a specific disability for an eed- isnt the original application enough with the disbilities that most were successful after 11 years.
march sent 21-4138/ to open
they withdrew it in June dont know why-
then replied in July to that
now it is a cue in Sept.
award was Nov 09,- anybody make sense of this-
Thanks MrsVet
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I wonder if the longer the appeal takes, means that it has a better chance of being approved..
maybe if you get rejected it takes less time because you don't go through as many hoops..
but if you get approved, it means you went through so many hoops, it takes a longer time..
just thinking,, waiting sucks..
OPENED CLAIM 98- DRO 06=BVA 07-REMAND / DECISION END OF 09'
OH YEAH AND DONT GET EXCITED WHEN YOU SEE THE WORD "EXPEDITIOUSLY" IN YOUR VA LETTERS-- IT DOESNT MEAN SWIFTLY!!!!
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I would like to hear your opinions on what I believe is a CUE committed at the VARO on a denial, which was upheld by a DRO review.
I helped a vet put in a claim for hypertension where the RO and the Board stated in past decisions that the vet suffered from that condition prior to discharge, but they rated it as part of another claim, not separately. The vet is currently involved in a Board appeal for a higher rating for the root condition that the Board remanded back to the VARO for further development.
We then asked the VARO if the hypertension should have been rated separately. In response, the VARO summarily denied the hypertension as service-connected, whether separately or as part of another condition. We didn't expect this response, because we sent in hard copies of the VARO's and Board's own prior decisions that acknowledged the condition existed prior to the vet's discharge. It sounded like they reviewed a different set of records than what were before the VARO and the Board in the past, it was that disconnected from the facts that were acknowledged in the rating decisions for the root condition that caused the hypertension in the first place.
We asked for a DRO review, stating that the denial constituted a clear and unmistakable error (CUE), based on the fact that the VARO discontinued service connection for hypertension, which the VARO and Board had previously acknowledged existed as part of a service connected root condition for the last 17 years. The statute in 38 CFR states that the VA cannot revoke service connection for a condition that has existed for ten years or more, unless the rating decision was awarded due to a fraudulent claim.
If the VA stated hypertension was secondary to another disability, but didn't rate hypertension separately, is it still considered service connected, even though it hasn't been given a separate rating?
We're arguing that, in this case, the statute that applies to the ten-year rule also applies to the vet's hypertension, and we still think it should have been rated separately. The vet didn't receive any due process, so we are arguing that the VARO committed a CUE. We again sent the VARO copies of its own previous acknowledgements, as well as the Board's, that hypertension existed prior to discharge, and was an outcome of the other rated condition.
We thought this was such an obvious error that the DRO would recognize this. We were wrong.
The DRO sent a cut and paste response of the prior denial, upholding that denial, which flew in the face of the VARO's and Board's past written acknowledgements. The DRO decision did not address the CUE, any of our arguments, or any of the evidence. It merely stated the usual stuff about no evidence existing in the service medical records, etc., which contradicted their previous statements.
The VARO sent the veteran a Form 9 to file a Board appeal. We copied the Board on the CUE appeal, because CUE's must be resolved at the agency level where the CUE occurred, which was at the VARO. We've asked the Board to send the CUE back to the VARO to correct. We are waiting to see what happens next.
I am not sure if this will help you but here is what happened to us with hypertension:
Under the BVA remand there were four issues PTSD,hypertension, IU, and Leg injury- that was in 2008
For some reason the VA separated the issues and hypertension was the one separated even though the remand stated "that a 50 or greater diagnosis was need to establish a connection to the PTSD-and they ordered a CP exam which was favorable to my husband/ but we never knew the issues were separated, and neither did our attorney-
When the final decision camefor 100% it only listed three issues, and the hypertension came with it in a SSOC letter as a separate issue
When I checked "this action satisfies the appeal on all issues" which hypertension wasnt listed- they droppped the hypertension anyway
they all said I had to reopen the claim again- I explained that the hypertension was dropped before the BVA even had time to get the CP exam which was remanded by them
I spoke to four different people who said pretty much the same thing-that it would have to be reopened-I had worked on this for over 11 years of alot of stress!
I didnt know what to do-but I refused to reopen it again- I proved them wrong and got the decision it was favorable- IT WAS NEVER CLOSED -
MAYBE THAT MIGHT HELP- I BELIEVE THAT WAS A CUE
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Real property tax exemptions are usually a form filled out at your local property tax office. The VA only certifies once a year so it you need something from VA should ask them to give it to you.
Pete53,
Been in bed all summer with back injury and broke my wrist had surgery -feeling better/ so thought I would update on theproperty tax exemption here-turns out we still havent gotten it, because the county here in PA counts your retro payment as income-even though the IRS doesnt- so have to wait till Jan 2011 and refile again - is what the Director of Veterans Affairs told me here. Sound right to you?
Thanks for all your input all these years-
Oh and by the way, the VA finally recognized the hypertension claim secondary to PTSD- they told me after the final decision that "we checked the action satisfied the appeal on all issues"-but they're were only three issues and that was still under appeal, and they told me I had to reopen it all over I knew that couldnt be, because they are the ones who seperated it to begin with, then decided to drop it before they even got the CP exam and so on.....and guess who proved them wrong......
have claim in for the ODC now we are missing 4 years of retro when they finally decided it...now have to prove that but have all the original evidence back to 98..Take care MrsVet -
Real property tax exemptions are usually a form filled out at your local property tax office. The VA only certifies once a year so it you need something from VA should ask them to give it to you.
Pete,
I went to the County Director of Veterans Affairs here in Jan., filled all the papers out had them notarized by the tax office-made a call to the dirctor the other day to see what is taking so long, they said they sent it to Indiantown Gap and they still needed another paper from the their office- in the meantime my payments on the house are an extra 198 a month till they get it together.....but I'm used to that
and if they only certify once a year he never told me that which he should have-so in the meantime can you apply to recoup the taxes youre paying after youre exempt? Thanks MrsVet -
bytheby
waiting 6 months for the real estatepropertytax exemption still since dec 09?
anything?
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Hi everyone- MrVet and I took an FLA. vacation-cant type too good-broke my wrist:wacko: in a carebears pool /my grandaughters in my yard (never heard so many laugh in the er),in a cast all summer!with bolts
If I have the copy of the stamped original date of claim in 98
they went retro 2 02-
what do i need to look for ,a loophole
they have changed the laws so many times since well grounded claim,
they need the statement in support of claim
to start all over? the retro was wrong and so was the audit
and they seperated hypertension into a different issue
unknown to me
and when checked action satisfies appeal on all issues
they dropped the hypertension and the cp was favorable
i do not want 12 more years of this...................... any help out there?
p.s.nice new web changes here:smile:-
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I think that you are handling this very well. Thank you for standing with your Veteran to insure that he gets his earned benefits,
The VA's sneaky way of not taking the evidence as a whole and gyving a competent rating is distressing to me.
If the VA is what it claims to be many would not have to go through this Voo Doo application of Federal Regulations.
The VA acts like the troll guarding the treasury from Veterans who served and played by the rules.Someone has to fix this broken machine.
The VA should help Veterans with their claims and quit using sneaky tactics and rabbit punches to make many I am afraid give up.
Pete53,
Thanks for your reply- do you think I should submit the statement in support of claim-when it could set it up to be started all over /or just keep going and resubmitting title 38 and the other evidence/
and I agree with you/we have to obey all forms and rules- and only for them there are no rules!
did you read my post how we settled with the lawyers?
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I'm posting this in Claims/Research/Benefits as it will probably get viewed more here.
Does anyone have a blank copy of an acceptable Last Will and Testament for any state ?
If so, is it possible to scan and post it here.
I can get blank forms, from VA for a Living Will and Designation of Medical Surrogate
but I'm looking for a blank Last Will and Testament.
I feel it is important for all people to have this filled out and of record.
Thanks,
carlie
Carlie -I purchased My Attorney at Best Buy-has hundred of forms paid fifty and get a 25 rebate- -most forms just have to be notarized thats all-
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Question:
After the VA issued the final 100% decision for PTSD-leg disorder-and TDIU-I sent back Appeal status election and said satisfied with these 3 that were decided-Nov 09
Along with that they sent a seperate SSOC for hypertension related to PTSD- that was under remand pending the CP exam-which was favorable 50-50 or greater Dec 2-09
I replied to the SSOC with no further evidence-to be returned to be decided/as soon as possible 12/01/09
In March I called because never got a reply for the SSOC decision
They told me it was withdrawn on 12/22/09 because of the appeal status election form for the 3 issues/ and I never got notified about it being withdrawn
I explained they were seperated by the VA last year in 08 and I didnt understand why they did that-
Now they are telling me to submit 21-4138 again-I have a copy of the CP exam and will submit that as well as evidence-according to 19.38 Sec 20.302 the case will be returned to the board for further appelate processing unless the appeal is withdrawn or review of the response to the SSOC results in the allowance of ALL BENEFITS sought on appeal .
I know what they did even if it isnt compensable-it still is related to me being able to collect benefits, heaven forbid if Mrvet dies of hypertension in relation to his PTSD-correct?
How do you guys feel which way I should go with this- Thanks Mrsvet
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Sometimes a fight is not a good thing for us. I would call them out and tell them that unless they back down you will take all legal means necessary to defend and that includes providing VA with the evidence that they are way off the reservation. If they have any connection with Veteran Lawyers Organization I would report them and also consider the State Bar where they are licensed.
But its really your deal but a fight like this can really make things difficult
Good Luck
So hi guys here is the latest told you I'd let you know-
Ready-
They came to an agreement with us that was alot less then what they were seeking-
but we had to pay them-
they said they filed a fee agreement-the VA said they never did
they showed me a copy- but I'm not sure if they filed it on time
the accreditation to represent/ came after they came to the BVA hearing-according to the copy I have from them-
I wouldnt stand down on these issues with them why
They didnt recover what they were supposed to-they never even brought up the original date of claim-which now I have to persue
Sometime after the BVA hearing- when I called to check on the status of appeal
the VA told me they seperated the hypertension-from the other 3 issues-
the 3 issues were favorable and decided-
So here we go again;
When the final decision came there were 3 issues decided from the remand PTSD-Left leg-and TDIU/I sent back and checked under advice from attys.-this action satisfies the appeal on all issues-this was 11/16
With that they sent a seperate SSOC- stating: in the reasons and bases
VA PTSD examination related your disability to military service. Therefor a VA examination will be scheduled to evaluate your hypertension and its relationship to your PTSD. Therefore the prior decision regardging service connection remains unchanged at this time
In the response I replied
I have no other information to submit -please return my case to the BVA for consideration as soon as possible. 12/01
the exams were done 11/30 and 12/2
I have a copy it was related to PTSD-and on 12/22 they (RO)closed this out, and a year ago they seperated the hypertension apart from the other 3 issues
WHY WHY??-NOW THEY SENT A LETTER STATING I HAVE TO START OVER AGAIN WITH THIS
I SENT THEM BACK BOTH COPIES THE APPEAL ELECTION
AND THE RESPONSE TO THE SSOC-
NOW WHAT?
THANKS MRSVET
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I felt okay about some amicable payment until they recovered the EAJA fees-but they flat out went behind our backs with no letter from them and cancelled the hypertension due to PTSD-which strongly effected my future. I am waiting for a letter from the VA as to who did this without our knowledge-and second they cannot collect the EAJA fees until a decision is final- they only waited a 5 days - after we received the retro and cancelled the second pending appeal -they are very large office here -but I cant find anywhere that the have VA Law credentials-so wouldnt that make them an advocate? From the time we hired them for the DRO hearing in 07-they only recovered
60gs and for that they want half technically speaking-however if they then were an advocate a donation would suffice--------Thanks for your reply-Will keep you updated here. Take Care and enjoy the Spring MrsVet-
Will the OGC be helpful? And if this is a VA matter-how can a civil court be involved?
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I think by this post, You realy need to see another VA lawyer and get this worked out. This does not smell right, but trying to do this yourself might not be in your best interest.
Why?? I handed them a claim after 10 years that I did-and only got them for the DRO hearing and a BVA hearing-
In the contract it says when all appeals are final-and then somebody cancelled the 2nd one-behind our backs
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Just got a call from the VRE counselor that did my Independent Living assessment last friday. He told me that I was jusdt approved for TDIU and they were rating another new condition as well. Just waiting for the official letter within the next few days! Retro pay as well!
I just wanted to thank those that have help me and my family, finally get the benefits that I DESERVED!
I will pray for those still going through the process of fighting the VA to get the benefits that they DESERVE!
God Bless each and everyone of you! God Speed!
Sincerely,
B6
Its a good feeling-Way to go!!! Took us 12 years :)
Mrs and MrVet
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I just left my initial PTSD C&P. It lasted about an hour and a half. I have the CAR, but we still discussed the stressors and full detail. I feel mentally exhausted. I'm glad I took my wife with me cause she was able to add a lot of stuff that I've done since returning that I had forgotten about. It really hurt to hear all those things coming from her mouth, but it was all true. She witness a lot of the nightmares and was able to tell about them and their frequency. She also discussed the violence, the panic attacks, the isolation and so much more. I would have never remembered all that. I'm so glad she went.
Before we left, the Dr said that I'm suffering from severe depression and moderate to severe PTSD.
Now, the VARO wait begins....
It helps to have your wife with you-when I went to MRvets CP exam-the examiner had me detained by security the whole time because I declared I was allowed to be present-and off I was led ......and got to go back 2 hours later to pick him up.... :)
on the progress
have claim in for the ODC now we are missing 4 years of retro when they finally decided it...now have to prove that but have all the original evidence back to 98..Take care MrsVet
and if they only certify once a year he never told me that which he should have-so in the meantime can you apply to recoup the taxes youre paying after youre exempt? Thanks MrsVet
Discount For Purchasing A New Car
in VA Benefits and News
Posted
I have read that Senate bill 435 allows a100% s/c Veteran , to be exempt from sales tax on purchase of vehicle once every three years -- that was Oklahoma- does anyone know what other states that applies as well- they keep it pretty hush-
when you're paying over 1200 in fees and taxes total (at a dealer) in Pa.