broncovet

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.

Berta.. You brought a tear to my eye. I am so happy you finally got honor for him, since you have helped so many others also be honored. Your husband is speaking from his grave, saying that he is very pleased.

It seems that the VA had the medical specimens confused with Veterans claims...

Ken.. Ok, good, when you find the "audit" form number, I will re do the math because I think they made a mistake in their favor.

A word of caution! I went to my doc, and asked her to be tested for HIV, Hep B and C, as I had a recent colonoscopy. She did that, then ordered a full drug workup. Well, I am not on illegal drugs, but I often forget to take my antidepressants. I am wondering if the VA is going to use that as an excuse to lower my rating..that is, that my blood level does not show anti depressant meds consistent with the dose I take. I cant help it if I am forgetfull and forget my meds!

Basser.. So you are suggesting filing an "EED" claim at the RO? Gee..again this is something I have never heard of. Is this just a 21=4138 Statement in Support of Claim, or how do I do this?

[Ken.. I have not heard of "auditing" the effective dates..is that something done on a 21-4138 (Statement in support of claim)? Is it done at the RO level? How is this done?

I would agree that it is good news. It sounds like your C and P will be with your regular doctor, and that is almost always better than a QTC quack. Do your homework! Read your past med exams with that doctor, and see what he said about service connection. If he indicates Service connection, then that is very good. However, if he feels your conditions are NOT SC'd, then be prepared to tell him why they should be. Remember the 5 P"s.. Proper Preparation Prevents Poor Performance.

1. RO denies parts of Veterans claim, ignores other issues claimed. 2. Veteran appeals. 3. BVA awards benefits. 4. RO awards zero percent per RO failure to implement BVA decision. 5. Veteran appeals. 6. RO "blows off" Veterans appeal and "interprets" it as a new benefit claim. 7. Ro awards partial benefits. 8. RO awards full benefits, effective at #6, Veteran says EED is #1 when I first appealed, not when they first ADMITTED to the claim.