broncovet

I recommend you make a decision and then stay with it, no matter what. Getting advice here before its too late is the right thing to do. Even if you are successful at changing your mind, then you will probably have to start all over again at the bottom of the pile and you will have lost your place in line..and the "line" for hearings is a very long one. If you want your claim processed quickly, changing your mind about the hearing is the wrong way to go about it and will most likely result in your claim being delayed still further and you may not even be able to change it at all. If you dont have time to do it right the first time, when are you going to have time to do it over? Hang in there..most of us have been exactly where you are at. Utilize the power of hadit and the internet..many Veterans here attribute the winning of their claim to advice they got here on hadit. You see, for the most part the advice you get here is from a Veteran helping another Veteran. We have no ulterior motive, we are not lawyers trying to get you to pay us, and we are not VSO's interested in reducing our workload.

Grent I do not recommend a hearing..either locally or in Washington My Reasons: Experienced criminal attorneys almost NEVER put their client "on the stand" in their defense because they know the prosecuting attorney will be very skilled at getting them to mess up. I went without a hearing and did just fine upon appeal. I think hearings are for people who "want to have their say". If you do need to talk to someone, that is fine..get a counselor, but the ALJ that hears your case is not one of those. Maybe someone else has the numbers, that is how many cases were won with a hearing vs without a hearing. One problem is that even if you give all the right answers, then they will think you are not disabled! I think you should elect no hearing..I think hearings are a trap for you to say something that will hurt or even destroy your case. I think you should "write your case down", that is, clearly state your reasons you think you are eligible for benefits. If you think the VA made errors in the decision, cite the regulation, and the "reasons for decision" why you think the way you do. If you need help writing this, get a VSO or other trusted friend skilled at writing to help. Ask the VSO for help. Finally, probably the most important reason is that a hearing Will delay your case, because you have to wait for a hearing officer to have time on his schedule, which could be 2 years, and you will have to wait still longer for a decision.

The VA is REQUIRED to give the Veteran 60 days notice of a rating reduction. If they dont do that, then the Veteran could surely appeal the reduction, and would likely win, as the VA is required to follow its own regulations if they get caught at it. They regularly violate regulations, but, when the Veteran catches them on it, it will usually be overturned upon appeal. Most of the time, the VA will try to see what they can get away with, since there never is any sort of penalty or accountability if the Va violates its own regs. In fact, it is the Veteran who pays a penalty when the Va violates regulations because the Veterans compensation checks will be delayed for years, and even when it is overturned upon appeal, the Veteran gets no interest on his money, even if they delay the claim for thirty years or more. It isnt fair, its the VA "fuzzy math" way.

SCIDVET That post was hilarious, and informative. WE need to let the next guy know what killed our claim. Divided we fail, united we prevail. The VA has became our new enemy, and they get to us by claiming they want to help us. "WE are with the government and are here to help you. (Trap and red flag #1) " I think the key is determining who really is there to help you and who is the enemy. Remember that Veterans have infiltrated the VA and some of them really are there to help us. Of course, the VA has many regulations preventing Veterans from helping Veterans, and to ensure that as little of the VA budget as possible actually goes to helping Veterans. Some VA docs ARE there to help Veterans. QTC quacks, however, are there to insure their profits, and the profit of QTC, at the expense of Veterans. The VA uses QTC quacks to make sure that most legitimate claims will be denied. You see, there is a conflict of interest between QTC and the VA, and that is a political hot button that the VA ferioucisly defends their position. Remember this, tho. The VA signs the C a P docs checks. No commissions..just regular pay of about $95-200k per year to the doc. QTC quacks, however, are paid on commission. They only get paid for C and P exams, but they get $500 for every one. However, if the QTC quack does not give evidence to deny the Veterans claim, then he will get very few C and P exams, and, at $500 per month, the QTC employee trying to help Veterans will starve to death. However, if the QTC quack "signs on" and gives evidence to deny the Veteran, he will get many, many $500 for twenty minute exams. He can earn many times what the VA doc earns, and the QTC quack has a much lesser degree..usually a PA or nurse practioner. The looser in this is always the Veteran. The Veteran was snared because he did not know who the enemy was. If your C and P doc does NOT TREAT Veterans, and does only exams, your "doc" is NOT there to help you.

isdwd Yes, I am a DP2 from the Navy, and also had to start over as Seaman again with hadit. Keep on posting, and you will move up in rank with hadit. As far as the disparity between ratings in the different VA RO's, them "farming out" your claim will have little effect on your ultimate rating, IMHO, unless you can figure out how to utilize this to your advantage. Reason: It has been my experience that when a RO "farms you out" they do that for development only, and your c file comes back to the AOJ for a decision. While being farmed out will delay your claim, there is nothing you can do about the delay. Here is how you can use this to your advantage. You see, your RO deems what the other RO says as being very credible, while everything the Veteran says has to be proven ten times over. To use this to your advantage, get the "farmed out" RO to make a key determination in your favor. Example: You have filed for depression and IU at the RO in C. You know that C is balking about IU and trying to weasel out of it. C farms you out to P. P asks you for verification of unemployability. The RO is doing this as a trap to snare unsuspecting Veterans. It is impossible to prove a universal negative. Is it possible for you to get verification from every employer in the world that you do NOT work there? Of course not. So, you avoid that trap by explaining to P that your doctor has stated that you are unemployable on an exam on May 14, 2006, and you were fired from ABC company two years ago due to "violent outbursts". (PTSD). ABC company will NEVER verify they fired you for "violent outbursts" unless a court has convicted you for bludgeoning a fellow employee on duty. So, you mention a truthful incident (always tell the truth..just tell truths that support your claim!) when your boss at ABC and you disagreed over ____________ and you had thoughts of wringing his neck. To repeat, dont tell lies, but since you were not told why you were fired, you can speculate that it must have gotten back to your boss that you were considering wringing his neck and he fired you out of fear for his neck! Your RO probably wouldnt buy this, and would want your boss to write a letter as to why he fired you. Your old boss wont write that letter, because he knows that would cost him his job because at least part of your dispute with him was his fault. BUT..RO P writes down in your file, "Veteran unemployable. Unable to verify employement. Employment verification sent out on 2/8/08 and 7/16/08. Received it back returned. " By asking for a copy of your C file, you can find that in there, and then use that at your appeal to win your claim. It is a long tedious process, but the VA makes it clear that Veterans MUST submit to the VA to get their claims approved (and do everything the VA way) Its a power issue for the VA. They think they are better than Veterans, rather than their purpose is to serve Veterans.

Judy IMHO you are going to need to meet this issue head on. The VA cant fix their problems, so they try to fix the blame instead. Among Federal, State, and local entities, each is going to point fingers at the other so they dont have to deal with it. It is called, "Pass the Buck" and, supposedly, the buck stops with Mr. Shinseki. But it doesnt stop there. The Secretary can blame congress, congress blames the Supreme court, and everyone blames the president. Your only defense to this endless hampster wheel is KNOWLEDGE. You have to know this is coming, be ready for it, embrace it, and even use it to your advantage. You figuring this out in advance means you already have the advantage, since many people's claims wither and die on the vine with this very issue, because they realize this far to late. I might suggest something like this: "The State of Texas has already ruled they have jurisdition over this. While I agree, this State imposed mandate upon the Federal government is contrary to regulations. In order to prevent chaos with each state telling the Federal goverment what to do, you (the federal government) are going to take action on this. You need to tell the State of TExas that the Federally imposed limit of __________, can not supersede the Texas limit of __________." Remember that ego's are involved here. The Federal thinks they can trump the states over everything and have tremendous power. The States thinks that they are much more qualified to know what is going on in their state, so the feds should leave them alone, or, better yet, use their state as an example on how to improve the system. IN summary, do your homework, and remember the 5 P's: Proper Preperation Prevents Poor Performance.

Yes. If in doubt, apply for benefits. The VA will tell you if they think you dont qualify, and they even have to give you reasons. You need a medically documented condition..it wont do any good if you are not seeing a doc for it. You need a nexus..a documented link to military service. Your doctor CAN offer an opinion, something like, "Veterans PTSD is as least as likely as not due to trauma events during the military service." You need continuing treatment. YOu need to apply.

The VA will probably award bonuses to VA employees who delay Veterans claims for long periods of time because: 1. There is a good chance the VEt will die, so the Va should award a bonus to the Va employees for saving the government money. 2. Even if the Va has to pay the claim, by delaying the claim, the VA can borrow money from the Veteran interest free, for years. 3. Procrastination saves a lot of useless work. The Veteran may give up and become homeless or win the lottery and not need the money. Employees are often rewarded for procrastination. 4. By delaying the claim, a new politician can take credit for the change, when there is a new secretary or new president. Bonus points for the employee. We need to put a stop to the incentives the VA has for delaying our claims. They should have to pay..and pay..then they will get the claims done. Right now, the Veteran paysand the VA wins the longer the claim is delayed.

You hae some options here, if I understand what you are asking. Your options are: 1. File a new claim for service connection on a new issue. You will have to have a "nexus"..a connection to military service. A doctor can supply a Nexus if he states something like: "Veterans condition of ...... at least as likely as not due to military service" 2. File a new clanim for SC secondary to another SC condition. You wont have to provide that nexus, but you will have to demonstrate that it is secondary, usually, again by a doctors stating to the effect something like: "Veterans ......... was at least as likely as not due to ........condition (SC condition 3. File for an increase. 4. Appeal your old claim by filing a Notice of Disagreement if your decision was within one year. 5. If your last decision was more than a year ago, and you feel the Va violated one or more regulations, then you can file a Clear unmistakable error claim. 6. If you have "new and material evidence" you can so state.

I really dont see that much progress. Since Obama/Shineseki took office, the number of Veterans claim s waiting processing has increased to more than 900,000. The wait time has increased also. The new administration has not dealt with either the contamination issue causing 30 some Veterans to get infectected with HIV/Hepatitis. They also have not dealt with the shredding issue, it continues to get worse. We Veterans are on course for a zero percent Cola for the next two years. They have increased the Va budget by 13%, but frankly, with a zero percent projected cola..who is getting that money? Va Medical care is not improving..C&P is getting worse..so it just means more money squandered by administrative/red tape expenses. I am sure that extra 13% will disappear the same way the stimulus package dollars disappear..the Corporate executives get millions in salaries and bonuses..while Vets MAY get $250 of the 3/4 of a trillion dollar stimulus plan. So, where is this "progress"? So far, from the point of the Veteran, there has been little "progress" that has been made, other than the VA awarding itself for having some of the best accountability of any Federal agency...and I am certainly not buying that award!

Yes..these guys are right. The VA will use any possible excuse to deny you of your rightfull benefits. Whenever someone says they are with the government and they are here to help you, watch your back. Here is what you need to combat their (future) denials: 1. Evidence You need to have your doctor write something like, "Veterans pain is most likely due to ........ suffered during military service." If your doc connects the dots, the VA will still deny you, but the BVA people can read and they will overturn it, and award your benefits eventually. Its called a nexus.. 2. Persistence Expect to be denied the first time or two or three or 4. It took me 5 RO decsions to finally get my benefits. 3 Patiience It took 7 years..get ready for a long, drawn out fight..the VA will fight you harder than the enemy. The VA is the new enemy..pretending to be your friend.

To the VA, anything less than 10 years is "expeditious" UNLESS it involves THE VA employee's paychecks. Then, if it is a day late, they are mad as a hornet. .....and they wonder why Veterans are so mad..if their paycheck was delayed a year or more, they would be mad, too.

Berta I think the ONLY way to speed up the claims process is to hit the VA in the pocketbook! As long as they get interest free loans from Veterans by delaying their claims, the claims are going to move at a snails pace. If the Va had to pay 15% interest, however, on any claim over a year, then watch em move on claims over a year! I dont think it is legal for the Va to charge us interest on VA loans, late payments on copays for prescriptions etc., and then fail to compensate Veterans interest on our money! This is a big deal. I think you should appeal your retro claim, asking for interest, and I am thinking of doing the same, mainly to help other Vets, as this would surely set a precedent if we won, which would almost certainly be decided by the supreme court, probably 15 years from now.

I filed a writ alleging a 6 year delay which was also denied. Bottom LINE: VETERANS have a time table, that is, if we file a NOD 367 days after the decision, it is too late. THE VA, however, can take an unlimited amount of time to delay the claim, again and again. The VA has a list of excuses they can use..which one would you like to hear? ITS all about the money! You see, when the VA delays the claim, sometimes 30 years (Yes, 30 years!..I know a Veteran who filed in 1973..and even with congressional intervention, the VA in Cleveland wont budge) the VA essentially borrows money from its Veterans, interest free! Even worse, if the Veteran dies before the claim is "processed", the loan from the Veteran to the VA is forgiven as the Veteran's heirs cant collect! There is a financial incentive for the VA to delay, delay, and delay some more, as they use the Veterans money, interest free. I wish I could get an interest free loan!

The link below to the state of Ohio Veterans Services does not work, try this one instead: http://dvs.ohio.gov/

A DTA letter is a letter the VA sends you..not the other way around. Usually, shortly after you file a claim, the Va sends you a letter offering to assist you with your claims. You dont "put anything" in a DTA letter. It sounds like you mean a "Notice of Disagreement" (NOD) or possibly a "Request for reconsideration". Both of those can be put on a form 21-4138 which is a "Statement in Support of Claim". If you are appealing your RO decision be sure the NOD states, at a minimum, the following: 1. Decision date you are appealing. 2. Express disagreement with decision. 3. Desire to contest decision. 4. Issues you are appealing Example: Jim Smith xxx-xx-xxxx I disagree with the Regional Office decision dated Feb 24, 2009 and plan to contest the result with a DRO Review. I am appealing the following issues: 1. The zero percent evaluation should be 100% for PTSD as Dr. FriendofVet stated, "Veteran is diagnosed with PTSD most likely due to one arm and one leg blown off in military service. The Veteran is totally disabled and unable to car for self" 2. The hearing loss evaluation should be 100% as the audioligist stated, "Veterans deafness most likely caused by explosion in military service which blew off both ears" 3. I have submitted an IMO by Dr. Bash, who states, "This deaf Veteran, who is also a parapalegic due to an explosion, is unable to maintain gainfull employment which is most likely due to explosion in military service." 4. I would like expiditios treatment of this appeal, as I am 97 years old, and first applied for benefits in 1941, so I feel the Regional Office has had plenty of time to make a decision.

Once the DAV said that "Veterans dont need lawyers..they have VSO's", I realized that there was a REASON why the Department of Veterans Affairs gives the DAV free rent in their buildings. The VA does not give me any "free rent" in any of their buildings, so the VA obviously wants SOMETHING for their "free rent".

Ken Very, very good post, and recommended reading. It isnt just about the VA math, its much more than that, such as effective dates, informal claims, etc.

Staff Sargent Majik IMHO more IMO's will not help you..one docs opinion that your condition was most likely due to military service is enough upon APPEAL since the Va regurarly denies deserving Veterans the first time. YES, I would file for IU, do not worry about the percentages, let the VA worry about that. They can increase the percentages if you are unemployable. It means only that you have been lowballed. However, if you told your VA doctor, and its in your medical records, that you are unemployed, THAT is an informal claim for IU. In that case, then send the VA a SECOND REQUEST claim for IU, making sure you tell that that your first request was at the docs office 8 years ago. A second request would be done on a 21-4138 stating that you are AGAIN applying for IU since your first application for IU was at DR. VAdenyspecialist was not considered and probably shredded. See Roberson at: http://www.ll.georgetown.edu/federal/judic...ns/00-7009.html In an appeal, I recommend a DRO review. Reason: The DRO review, tho not necessary, is one more set of eyes that can award your claim. They can deny it also, but you can still appeal at the BVA and you are no worse than you were before. DRO hearings, IMHO, take too long and do not increase your chances over/above DRO review. Yes, it may make you feel better that you "got to speak your peace" in front of the DRO review officer, but if you need that, then go to your shrink and tell him all about it. If you want to win your case, however, I doubt that you will get much sympathy from the DRO hearing officer. The VA does not listen/beleive a word we say anyway, we have to prove every single word, so your presence at a DRO hearing makes no sense to me in light of how long it takes to schedule a hearing. If I told the DRO review officer "Good morining" he would need statements from at least 3 people, notarized, that opinioned that the morning, was at least as likely as not "good". He would also require proof, that it was, in fact, morning. If I was unable to obtain statements that it was a good morning, then my claim would be denied because they would be unable to verify my statements.

Rock Of course, when you divide your intertwined claims, as I suggested, you take the chance that will delay one/both of them. However, it has been my experience that the VA needs no excuses to delay your claim. There are hundreds of reasons for delaying your claim, and if they want to delay it, the delay it BECAUSE THEY CAN. There is no incentive for the VA to "hurry up" your claim. I think the Va is trying to increase the claim time from 6 months to a year or more, so they can get Veterans to complain an increase their funding. The VA delays our claims for 3 reasons: 1. Because they Can. 2. Because they earn interest on Vets money (financial incentive). 3. Because they use that as leverage to hire more people, and get more money to administrate Vets claims. (political leverage)

Commisary/exchange priveleges require a letter from the VARO specifically stating that. People make it out like once you get P&T you automatically get discounts on your home taxes, free license plates, etc. However, you have to go through more hassels to get every single benefit. There is no automatic..you still have to mail requests to the license bureau, hope they dont loose your request, etc. In Ohio, non Vets can get license plates by going to the local office and pay the money and get them. However, disabled Vets must jump through a bunch of hoops: Request forms, mail them in With your car title (hope they dont loose the title to your car), Wait for weeks on them to respond, if every I is dotted and every T crossed, you might get your license plates as long as there are no bureacratic snafus. The right hand deliberately does not know what the left hand is doing. The VA and state government share information when it is in their best interest to do so. However, there is no such sharing of information when it comes to benefits for Veterans. You have to prove everything every time..more paperwork again and again, even when it is already on computer that you have a VA disability. They want you to play ring around the rosey so that some people will just say forget it and pay for things they should get free. Then they take your money and keep it. It is just like a mail in rebate..they know many people will forget to mail their rebate and then loose the receipts.

Here is the bottom line: Since the VA pays no interest to the Veteran on his retro, the longer they can delay the claim, the more interest on your money they collect, so they delay claims as long as possible. This will continue until Vets get mad enough and write to their congressmen and get interest on their money, just like everyone else does. If you dont pay your bills on time, you have to pay interest and penalties. The VA doesnt. So, is it suprising that they take full advantage of that? Not really. NO INterest on Retros = Delay as long as possible Interest on REtros = Hurry up claim to minimize interest paid

luvhim How long it takes for dependents depends on your regional office, and if they are still shredding documents or not. I have been trying to get dependents benefits since 2002, and have been unable to do so in spite of multiple requests. If your Regional Office does not shred documents, then you may get them in a couple of years. The VA moves like a glacier..a couple inches per year.

Curt Yes, they will probably low ball you, but first, you will be subjected to a series of endless delays, usually denials, and lost paperwork. And, yes, if you do get lowballed, keep the money.

The DRO appeal lasts as long as the VA wants it to last. Even tho Veterans are required to follow a strict time schedule, for example, if we want to appeal it must be within one year, the VA can take as long as it wants with appeals. Some DRO appeals happen in a few months, while others have taken 12 years or more. If everything goes smoothly, a DRO Review can happen in under 2 years. There are different types of DRO..there is a review, and there is a DRO hearing. If you requested a DRO hearing, then it will probably take more than 2 years, at a minimum. Whether or not it will be retroactive and to what date is also up to the DRO review officer. Personally, I had one DRO review happen in 6 months, that is "lightning speed" with the VA. However, the VA had already put me on the "hampster wheel" by delaying my claim for 7 years prior to this 6 month DRO Review. It is in the VA's best interest to delay your claim as long as possible, because no interest is ever paid, even if it is 10, 20, or 30 years. To save money, they often delay claims for years, and even decades, because the interest alone is a considerable sum of money. An example of this is that, when you pay interest on a home, you actually pay 3 times more for the interest, that you do for the home, on average, with a 30 year loan. By delaying your claim 30 years, the VA is therefore actually saving about 2/3 by not paying any interest.