broncovet

My first thought would be the waiver would be good..always good. It would enable the BVA to award benefits the RO wouldnt. However, does anyone know when this would be a bad idea? Is there specific circumstances when a waiver of RO consideration at the BVA would/could produce an unfavorable result?

Thanks for the answers, especially myround. Berta... I was thinking a waiver of RO consideration would always be a good thing for a Vet, but it sounds like you dont agree. I have 90 days to submit more evidence to the BVA, and one of the things Im considering is a waiver. Im trying to think of an instance when it would not be good for the Vet, but cant think of any. It would seem if the BVA remands due to VCAA notices, for me at least, that would be a pain in the neck and a huge delay that I dont need. However, if the BVA remanded for VCAA notices that were considered probative and maybe allowed me to submit evidence not previously submittted, that would be a different thing altogether.

John: I agree. We are not talking about waiting 3 years on an appeal, we are talking about waiting 3 years to get in the line to appeal. If mine had not been certified, I was already thinking about filing a Writ of Mandamus. I know for a fact the VA can delay until you give up or die. Remember the Harvey vs Shinseki case,http://www.vawatchdogtoday.org/uploads/court_case.pdf where the Veteran was awarded thousands of dollars and the CAVC held the VA in contempt for the delays. My patience, after 3 years waiting, had more than "worn thin". My patience had turned to rage. Oh, I already filed a Writ of Mandamus back in 2007, and that is what got it going to a decision in 2008. It is laughable that the VA says they have an average claim time of something like 180 days. BULL. Most claims are denied the first time, and most vets have to appeal. The average claim time to get awarded benefits is more like 5 years.

I will take a "wild guess" that your claim was deferred because one or more of your employers did not send their form back in on your claim for IU. They wont necessarily deny IU if your employer wont send the form in, but they do need to figure out if you can work or not.

Got my notice from RO that my claim was certified to the BVA. It took 3 years, since 2008, when I filed NOD. Has anyone else had it take 3 years from NOD to certify it, and is this gonna be another four years at the BVA? I have already been to the BVA ONCE, and decision was fully favorable. Now, I am appealing the implementation of the old BVA decision, especially as it relates to effective date. How many years did it take you, since your BVA claim was "certified"? The last time it went to the BVA, I dont even remember it being certified first.

Well, thanks again for your prayers. I guess I was wrong about the VA policy change..maybe wishfull thinking. Since you asked, I will tell you about my son, who I nicknamed "Put". He is the baby of the family and joined the military, in part, to honor me. Certainly, I do not deserve such an honor. He serves in the Army Infantry. He was big for his age in high school and the smaller guys wanted to make friends with him because no one would pick on Put. Too Big, and to strong. But he is very gentle...too gentle, in fact. He got a bonus, in the army and "lent" most of it to one of his buddies. He is the most giving man I have EVER met..always helping others...including me. He is a SUPER mechanic and great with his hands . When he was 12 he had a friend whose mom was single. When he was at their house, he asked about what was that toilet still in the box in their house. "Waiting for a plumber to put it in". Well then next time I went over there, his mother had to show me what Put had done. She led me to the bathroom where Put had installed the toilet and it was working. He had known how to do it, because I had showed him..once. About every kid in the neighborhood loved Put...he would fix their bicycles for free..he learned that at an early age. When he was in boot camp, I visited him for graduation. The men respected him but asked my why he does not curse. They thought he was the only man in the Army who does not cuss. Put has fixed his friends cars, computers, etc., and never charges a dime for it. I could not ask for a better son. I cant give him up to the war. Put is like his grandmother. When Grandma was there she "unswiped" things. IN other words she listened to hear what you needed..maybe a pair of pants, socks, shoes, etc. After she was gone, you went to your drawer and exclaimed, "Gee, where did those socks come from"? Oh, yea..grandma was here. Well, put does not always unswipe things..he "unbreaks" them.

On Lawyers: IMHO you should get a lawyer only AFTER you have been denied at the BVA level UNLESS you wind up on a VARO-BVA remand VARO yo-yo, or if your claim is "stuck" at AMC..then you could consider having a lawyer write you a Writ of Mandamus. Writs can also be written by the Veteran, but I wrote one and they are a lot of work! A Writ is the equivilant of writing a term paper for college such as one needed for your Bachelors or even Masters Thesis. If you dont have some computer/research skills or have a very good friend who does, then you probably need an attorney to write them. IMHO hiring a lawyer at the RO or DRO levels is a waste of money. Even at the BVA level it is usually not necessary IMHO. But dont go to the CAVC alone...get a lawyer at the CAVC..JMHO. As mentioned an exception is a Writ of Mandamus filed at CAVC provided you have access to good research skills. Several people on this board have filed Writs pro se. ON value of IME's/IMO's: If your doc wont give you a nexus statement, and you have fired him and the second VA doc also refuses, time to look for an IMO/IME. But I would ask at least TWO VA docs to provide the nexus statement first. I did not need an IMO/IME because I found a "Vetran friendly" doc at my local VA...basically I asked "old Vets" at the hospital, and figured it out from talking to Vets. IMO's/IME's can cost what a used car costs, but several people on here say they are worth it. The trouble with buying IMO/IME's is that when you need them, you usually dont have the money.

In my area, at my nearby military base, the id card people require a "special" letter from the Regional Office to get your id cards....a RO decision wont do. (More unnecessary government paperwork). Thats the bad news. The good news, at the local VA hospital, there is a "special VARO" representative that wrote out a letter for me on the spot and handed it to me. In other words, he was a VARO employee, stationed at the local VAMC, authorized to do this. This seems to be one of those "hidden" benefits like someone posted. In other words it is available, but not advertised by the VA, so only a select few know that they can go to this guy and get a letter almost like driving the 4 hours to the RO. If you do have to write to your RO for this letter, you may try sending it to your VARO "eligibility determination" department. Like other VA departments, this seems to be backlogged. I wrote for my fishing license eligibility about a couple months ago, and still no license. Its like the state government and the VA are working a catch 22 on Vets. 100% P and T Vets can get a "free fishing license" but they have to have a letter from the VA EACH YEAR to get the license. Well, it will probably take a year for the VA to process the eligibility verification and then, you will have to start the process all over because your fishing license is expired. In other words you get into a year long line to wait for a benefit that lasts a year..then you get it and start over. I am going to remember this red tape come election time...the guy thats in there gets his pink slip.

Deltawife No, I dont think you are crazy. I think you are referring to a condition closely related to hearing loss, tinnitus, that is, ringing in the ears. Tinnitus is, if SC and severe enough, is rated at 10%. That is, a Single 10%, not 10% for tinnitus for each ear. I am pretty sure there are some court cases pending which may allow tinnitus to be rated at 10% for EACH ear, if eligible, and not JUST one 10%, if the Veteran prevails in the court cases. I dont think this future court ruling will affect hearing loss because, if you look at the hearing loss charts, both ears are rated. (the "poorer" ear). These court cases may possibly have already been decided, but I am not aware that they have. The VA has "interpreted" the regulations on tinnitus to mean that only one single 10% evaluation may apply, regardless if the tinnitus is in both ears. Apparently the rationale is that ringing in the ears "comes from your head" and not from one ear or the other. I have tinnitus, and when I do have an episode, it is very unclear which "ear" it is coming from. In other words the ringing does not "stop" if I put a pillow over one ear, or both ears..it keeps on ringing. However, sometimes my tinnitus DOES appear to originate from one ear or the other, such as when I hear a gunshot or other loud noise. My ears will often ring afterwards, and it usually starts from the ear closest to the loud noise, but then spreads to both ears. I think there is such a thing as "trauma tinnitus", such as if a bomb exploded near one ear, but did not kill you, just traumatized your hearing. In at least that case, I think you could have tinnitus in one ear, but not the other. Of course, if the explosion was equal distance to both ears, then both ears could have "trauma tinitus". Altho some of what I am posting here is "conjecture", I think this is basically what is happening. I think one or more Vets are suing the VA for TWO 10% tinintus ratings, one for each ear. I do know that when I do have an episode of tinnitus, it can be very severe, literally driving you nuts, and often leading to migraines, depending upon how long an episode lasts. My tinnitus episodes vary in both degree and duration.

CC The sincerity of your prayer brought tears to my eyes. I know you meant it. Many parents can understand when somone does something, good or bad, to their kids, it is like they did it to you only multiplied times 10. Pain for my kids hurts way more than any personal pain I feel. In August when I picked my son up at the airport, and gave him a hug for making it back from Iraq, I realized that God gave up his only son so I dont have to give up mine. Its awesome he gave his up so I dont have to give up my son. I am stunned. My son made it back from Iraq, and he related this story: In Iraq, he was assigned a "battle buddy". I will call him "Martin". He and Martin were together, watching each others backs, for months. 24/7...eat, sleep, bathroom..everything. One day they were not together, in part, because of the many prayers both my church and I did for him. Instead, Martin was with two other troops, in the Stryker (military tank). Martin got out of the tank and walked over to check out something. A car had been parked where it was not supposed to be. The tank exploded from an IED killing the two men inside instantly. Martin had left the tank only moments earlier and was on the other side of the car. The "bad parked" car, saved Martins life, but the explosion still left shrapnel in Martin. My son was not injured because he was not in the tank he is normally in. My son would have been with Martin that day, but the men who were were both killed. The only explanation is prayer because my son had been with Martin, continiously, for months. They are not really sure why they were not together that day...but I know.

My fault, Tbird...obviously I was incorrect about a change in policy. Hawk... I will do my best. I just cant stop thinking about it. I know its a lot easier when it is someone else's son being sent off to war, but it is different when it is your own son.

I personally think it is good that some Veterans are overpaid, conceding that a 100% accuracy rate is an impossible goal. However, Thousands or millions more are underpaid. The VA's answer is to "root out" the handful that are overpaid, and ignore the millions who are underpaid, or not paid at all. I would be all for increasing the quality of decisions, and paying the right benefit to the right Veterans at the right time. This isnt happening, however. This "one sided" report is obviously a way the VA is trying to "pay Veterans less", not to pay Veterans more equitably, because an audit of equitibility would include both Veterans who are overpaid, AND millions of Veterans who have been lowballed, delayed, or denied entirely. We should "watch out" for reports such as this as the goal is rather obvious: reduce pay to Veterans, and probably use the money to increase VA executive bonuses. Ooops, they dont call them "bonuses" any more, they spin that and call it a "retention incentive" now...that makes it all better. In the criminal justice system, we recognize that the American Standard of "Innocent until Proven Guilty" probably lets some criminals go free if it were reversed and you were judged guilty until you could prove your innocence. Still, we Vets have fought for the right of "innocent until proven Guilty" and Vets likewise, deserve a similar standard that their claim is deeemed to be valid, UNLESS the government could prove the Veteran is NOT entitled to benefits. It is highly peculiar that a Veterans "reward" for service to his country is that he gets less benefits as a Veteran, than he would as a civilian in a court of law, in regard to the legal standard.

Thanx, guys. Im a real mess now. Got a call from my son..he is likely going to be deployed to Afghanastan, when he just got back from Iraq. The stop loss thing. He is 20 years old, not old enough to drink, but will be headed to his SECOND war. I cant beleive this is happening. I cant take the loss of my son to the war. I know..none of this makes sense, and it doesnt to me either.

My apologies to Vedrina if it appears that I am trying to "run you off". I would like answers, but, if you dont have the answers to my questions, please stick around and answer other Vets questions even if I am a jerk sometimes. And, thanks, Hawk. As you know I have stuck up for you, too, when it seems like some others blasted you.

Finally! Thanks Berta for informing us of this important case, which basically states when the VA jacks around the Veteran, like they did here, the VA has to pay court costs.

Apparently, "Veldrina", apparently currently working at the VA, is answering Vets questions. This would be, in my opinion, a change for the better, as anything to improve communications between the Veteran and the VA would be a step in the right direction. Here is my question for her: I applied for benefits in 2002. Those benefits were denied. I appealed. Upon appeal, the BVA awarded my benefits. I am in dispute of the RO implementation of the BVA decision, in part, because I am in dispute of exactly what was the "benefit sought" in 2002. I contend that certain evidence was shredded, and, as a result was never considered in the 2002 decision. I have evidence to support my contentions, with a resubmission of at least 30 documents that had been removed from my claim. I received a phone call about 18 months ago from someone representing themselves as from the VARO. They said that my "shredded evidence" claim was not valid because the evidence shredded was OUTSIDE of the specific dates specified in Dr. Peak's fast letter, 08-41. My question is, what happens, when Veterans evidence was shredded outside of the specified dates? <

Veldrina... Are you taking questions in this thread? Altho I dont want to hijack another Veterans thread, because that Veteran certainly also deserves your attention, I would like to know if you are/can taking questions here. I am assuming you presently work for the VA, and maybe even answer questions here as part or all of your job. Some time ago, an anonomyous rater using the name "James Breckenridge" on occasion, answered Vets questions and we appreciated it. He was careful not to use his real name/official position, but your presence here seems to indicate some sort of change of policy at the VA. That is, it would appear you are here to answer questions from an official point of view. If so, I would LOVEEEEEEEE to ask you a couple questions, and would like to be one of the first. My guess is that if you are answering Vets questions, Tbird would gladly give you your own section on this board.

This is from the DAV's long document of case law, : LEGAL PRINCIPLE MISDEED CANNOT IMPROVEPOSITION § An ancient maxim applies here: Nemo ex suo delicto meliorem suamconditionem facere potest. "No one can make his position better byhis own misdeed," also rendered, "No one can take advantage ofhis own wrong." California Code Sec. 3517, Field's Draft New YorkCivil Code Sec. 1972. I am trying to apply this to shredded evidence, but it would seem it would apply elsewhere, too, such as when the RO fails to file a required SOC. Has anyone seen Veterans case law supporting this doctrine, as most of us are aware the VA sometimes "does misdeeds", such as altering dates, shredding evidence, etc. etc.

I have a question on CUE. In 38 CFR, the regulation on CUE clearly uses the word "Board" applying to revisions of "board" decisions. You know..the bit about if the facts were before the "board" at the time. Now, well all know there are different sets of rules for BVA, CAVC, and Federal decisions, as well as RO decisions. Is this one of them?

Consider this, in answer to your question: 1. There is ONLY ONE paper file for each Veteran. 2. That paper file, of course, can only be in ONE location at any given time. 3. The VA is highly segmented...they have a "triage" department, a "Chapter 35 DEA department", a "pension claims department", "appeal department", etc, etc. Therefore, while your ONE PAPER claim is at the CAVC, nothing else can be done with it, because the VA wont process things without reviewing the entire record.

I would like to welcome "Veldrina" to hadit. It sounds like you have some significant experience in the VA, and it is good to have you. I think most Vets would welcome someone from the VA to answer our questions and, better yet, actually solve some of our issues, maybe even from an "official" position. I have seen the possibility of a little of this going on at the VA blogs website, vantage point, from reading some of the comments there. Hawk.. Sometimes I think it is better to concentrate on stuff at the VA that has happened, rather than worry about what Might happen. It has been my experience that the stuff I worry about mostly never happens anyway. On the surface, at least, it should not be that bad for you for them to change something from secondary to primary service connection..both are paid the same and accrue the same benefits. As to whether or not that could lead to a denial..well, it seems almost anything can lead to a denial, but I would not think that would happen all by itself unless there were other factors going on we dont know about.

Yes. Berta said, And reps in the 1990s (and probably still today) were reluctant, after they got the vet an award, to appeal it for a higher rating or TDIU.They acted like the vet should be satisfied they got something from VA and leave it at that. There is no doubt this is true. Veterans are "afraid" of asking for anything else that the VA will instead take away what they have. In my opinion this is largely "horse puckey". Veterans have lots of hoops to jump through to get their benefits...and even if the VA wanted to reduce your rating, there is a very strict procedure they have to do before they can reduce. Finally, I really think it is even possible that by appealing for more benefits you have an even lower chance of a reduction. Reason: Reductions are likely done by "a different department". Since there is ONLY ONE paper C file, per Veteran, it is highly unlikely that you will be "reduced" in rating while your claim is sitting at the BVA waiting to be heard by a judge. JMHO

Threats may work, but they may also backfire. Rather than threats, you might try punching them in the "media". . While its hard to get the media to look at this, you can try a carefully prepared, well thought out comment on the VA blog website. (Vantage Point) Sample VA media comment: (Use your own words and circumstances..and never lie) Dear ..... I am a Veteran in trouble and I dont know where else to get help. I am 50% disabled, but we just can not live on that 770 per month, and I am in danger of being evicted from my home. I have applied for an increase in disability, along with a hardship letter, but nothing I have been able to do so far has worked. I dont want to become another homeless Vet, and the best thing for me would seem to get my approval promptly as I feel certain I qualify for the increase. My VSO has been no help, nor has my Senator been able to speed anything up. I am desperate, what do I do? signed "Soon to be homeless Vet"

IMHO it will boil down to one claim. You wont receive compensation for surgery with a possible exception of temporary 100% while you are recovering, tho I doubt even that. You will only receive compensation to the extent that the surgery was unsuccessful at giving you back full range of motion with your arm. If, after surgery and recovery, you are unable to fully use your arm, then you may get compensation for limited use of your arm. The VA does not compensate you for "pain and suffering" during surgery except that, as already mentioned, you may get temporary total while you are recovering from surgery, especially if it means you are going to be off work for 3 months or so.