broncovet

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.

Ruby The VA has used the "divide, complicate and deny" motto for decades. This is the "congressional mandate" from Roberson V Principi: 38 C.F.R. § 3.155(a) (1994) (emphasis added). The Court of Appeals for Veterans Claims held that even if the VA had a duty to develop all possible claims that are reasonably raised from a liberal reading of the record, Roberson was required under section 3.155(a) to specifically request entitlement to the benefit sought – in this case TDIU. The Court of Appeals for Veterans Claims determined that because Roberson did not make a specific request for TDIU, the VA was not obligated to adjudicate such a claim. Roberson alleges that Norris v. West, 12 Vet. App. 413 (1999), is applicable and holds that the VA’s requirement that TDIU be specifically requested “loses sight of the Congressional mandate that the VA is to ‘fully and sympathetically develop the veteran’s claim to its optimum before decision on its merits.’” Norris, 12 Vet. App. at 420 (citing Hodge v. West, 155 F.3d 1356, 1362-63 (Fed. Cir. 1998)) (end quote, Roberson vs Principii) When the VA fails to consider ALL your claims, developed to the maximum, you should call them on this, citing Roberson vs Principii.

Purple People buy cars unseen every day. Ebay sells a huge amount of cars everyday...sight unseen.

Basser and Rock are right! Shredding documents at the VA is alive and well. The only thing they did is to try to cover it up, and then quietly start in again: http://www.vawatchdog.org/09/nf09/nfmay09/nf050609-1.htm I would like to add that Veteran Victims of shredding should fight back, and not take it anymore by filing a "Special Claims Handling" request per DR. Peaks fast letter AND report that RO to the VAOIG AND also report that RO to your senator/congressperson/media!

Carlie.. Thanks, and a GREAT IDEA! Lets publish a list of Veteran-friendly businesses! Golden Corral, I beleive, offers Veterans a free meal on Veterans day, and should be on the Veteran Friendly list, along with Walgreens Lowes Home Depot SOME Waffle HOUSE Some Airlines offer lower fairs for military By shopping these businesses, we can pressure others to also help with our Veterans! I am going to start asking for a Veteran discount..we deserve it!

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Allan Yes, the VA does have a "black list". I thought my claim was bad because it was going on its 8 th year, until I met a man at our group section who has been trying to get VA benefits, without success, since 1973. He showed me his original letter where the VA granted Service connection for his disabilities in 1973, and he has yet to receive any benefits (other than medical). He is obviously 100% disabled, has braces on his legs and uses a motorized scooter to get around. Even with his 1973 letter, and even with congressmen involved, his claim is delayed year after year, , decade after decade. They have "lost" his 1973 letter, and lost copies of it he has sent at least 3 times. They have also said the 1973 letter was "in error", but dont acknowledge its existence! This Veteran cant afford a computer, and is not well versed in the "booby traps" of VA claims. This Veteran is aging..and his retro would be larger than a half million. The Cleveland RO has made it clear: Rather than admit their mistakes, they are going to disgrace this Veteran by delaying his benefits, 4 decades or more if necessary, until his death.

Probably everyones guestimate will be wrong, because the Va never does what you think they will, when you think they will. I recommend you go fishing or take your mind off of it. It will drive you crazy. Dont watch your mailbox, because a watched pot never boils. Engage yourself in your hobby, grandkids, etc. etc., and let the "envelope" be a suprise. The VA drives you nuttier if you let it.

I agree with Allan. The VA interprets "expidited claims" as anything under 20 years. Expidited claims really means that maybe your grandkids can enjoy the money..because you will be too old to do so. Remember..as long as the VA does not pay interest on Veterans retro claims, it is in their best interest to delay the claim as long as possible. In the 50's a home cost about $1000. Today, a home is more than $100,000 Every year the VA can delay your claim, they make another 5% on money that is yours. We need to stop putting up with them not paying intererst..if it was there money on the line, the claims would be paid on time. However, since it is our money..the VA is not in any hurry.

Rock IMHO file two claims, not one. Reason: If EITHER rules in your favor, you win. I like to set yourself up for success, so try to think of a way to "divide" your issues, in such a way that you win if you win EITHER claim. Its like playing poker..if you get dealt a very Bad hand, then ask for a "new deal"..you may get a better one. Remember, that even if you get one of your claims denied, the dealer will have to show his cards,(Reasons for decision) so you will know what to play the next round. Those "reasons for decisions" may just help you out in winning your second claim.

I have had good luck with Dayton Va medical Center, with only a few minor exceptions. I had no problem once, when Dayton VA was full and diverting, and they sent me to a private hospital. They paid the bill, no problem. It was an emergency as I had chest pains. I think yours will be ok also. Something I might recommend is this: Remember, the right hand does not know what the left hand is doing in the VA. So, just go to their Fee basis department, tell them they were diverting, and they need to pay this bill. Chances are fairly good you wont get the same person you had before, and they will do it differently. If you go to one person and they say no, just call back in a few days when someone else is there, and you will likely get a different result with a different person.

Ruby Someone else can correct me if I am wrong on this, but I think you need only prove you had SYMPTOMS of a disease suffered in the military and, not necessarily a diagnosis. A diagnosis by a doctor can come later. An example may be when a military person gets shot. Symptoms of a gunshot wound would be bleeding, shock, etc. That Veteran may never be diagnosed by a doctor with a GSW..he may well die before he gets treatment/diagnosis. Or, it may not be serious enough that he even seeks medical attention. But, he still has symptoms of a GSW while in the military. Just because a military doctor failed to diagnosis your conditions properly, does not necessarily mean you dont have any symptoms. I mentioned this in another post. Cite Roberson vs Principii if you think you have evidence overlooked. http://www.ll.georgetown.edu/federal/judic...ns/00-7009.html Everyone is always talking about CUE, if you filed a NOD within a year, you dont have to meet the strict CUE standard to win your claim so why make it harder for yourself?

Phillip.. This common misconception has been refuted by the Attorney General himself: Certain states, do, in fact, compensate their Veterans less: http://blog.cleveland.com/openers/2008/04/...k_vasil_of.html Some regional offices pay lower compensation to Veterans in their area by rating them lower. Sure..50% is still 28% of 100%, according to the VA fuzzy math. (If you dont beleive me..look up the 100% rating..then look up 50%. You will notice that 50% is not half of 100%, it is much less..about 28%, depending on dependents, to be precise). However, while one RO may rate a Veteran at 70%, the next RO may assign it a much lower rating. By doing that, the average compensation over millions of Veterans, is much less in some states than in others.

Read the decision thoroughly. Dwell on it in your mind, applying things you have read here on hadit. The CUE standard is much higher than that of a normal appeal (a timely filed NOD), so you have to find a regulatory violation, and it has to be probative. Some things to consider.. Did you get the required VCAA notices? Have you ordered a copy of your c file, and compared it to what you have..making sure no documents were shredded/misdated? Did you look at your c&P exam request..that is, did they ask for nuerological complications? As Hoppy said, read the schedule for rating disabilities..do not assume that the VA followed regulations in rating you, because often they dont, and just shoot from the hip. Was evidence overlooked in the initial decision? Has your doctor specifically stated the nexus statement, "Veterans brachial plexis is most likely due to ......... suffered while in military service"? A qualified medical opinion can not be "trumped" by opinions of rating specialists, at least not upon appeal. If you had symptoms/diagnosis of this related nuerological condition, and the VA failed to consider this evidence, then cite Roberson in your appeal, because the VA is required to give a sympathetic reading to all your evidence (as mandated by congress!). Roberson reads, in part: "Once a veteran submits evidence of a medical disability and makes a claim for the highest rating possible, and additionally submits evidence of unemployability, the “identify the benefit sought” requirement of 38 C.F.R. § 3.155(a) is met and the VA must consider TDIU. The VA must consider TDIU because, in order to develop a claim “to its optimum” as mandated by Hodge, the VA must determine all potential claims raised by the evidence, applying all relevant laws and regulations, regardless of whether the claim is specifically labeled as a claim for TDIU." It is my understanding that Veterans use Roberson to win other claims, not just TDIU. Hope this helps.. remember the VA uses regulations to deny us, but we can use them also!

The "disparity between states" on Veterans benefits extends to the stimulus package, because I have not gotten my stimulus check yet, and my son never got his last year, either.

A hearing loss in that range would depend heavily on your speech discrimination. However, I agree that with the VA rating system, you have to be deaf to get a decent rating. I have a 55 decible AVERAGE loss, (bilateral..both ears) with 95% speech discrimination and my hearing loss rating is only 10%, and to get the 10% took no less than 5 rating decisions, 2 DRO reviews, and one BVA appeal. I can not watch a movie or TV without close captioning. I am on my 4th set of hearing aids, having worn them since 1997.

My 2 cents..what you are looking for is a "nexus", and what your doctor said is very close, and Might work, but it would be better if your doc stated, "Veterans condition x is at least as likely as not related to military service". When the doc says the above, it will be very difficult for the VA to turn down your service connection, and KEEP IT DENIED. The Va TRIED to turn down my doctors similar statement, but the Board of Veterans Appeals over ruled it and granted benefits. The VA is more interested in denying claims than they are in following regulations, that is why there are so many appeals.

I concur with Berta adding that a decision becomes final after one year. After one year, The Veteran can not appeal it without meeting the required "CUE" standard that the VA should also have to meet. If the VA is proposing a rating reduction, then they have to give you due process to protest this rating reduction. If I understand what you are saying, the VA has reduced your rating from P&T to NOT P&T without this "due process", that is, they have failed to give you the required sixty days notice. The VA is alleging that your previous P&T is "in error", however, they have to prove Clear Unmistakable Error..just like Veterans do, in the event the Veteran fails to file a NOD of any decision within the applicable one year period. In my humble opinion, you should file a NOD and should allege that your rating was improperly reduced without the required sixty day notice and due process required for rating reduction. IMHO, also, the VA has the burden of proving CUE, that is, that your P&T was "in error". If they can NOT meet the strict "CUE" standard, then my guess is that they will be forced, upon appeal, to restore your rating to P&T.