broncovet

Berta.. Since I did not hear the Strickland show, I wont "point the finger of blame" with anyone. However, I am going to ask, in the interest of hundreds of Veterans, that you not leave hadit, because your departure would hurt Veterans as there is NO ONE else with your incredible and unique knowledge and empathy to Vets. I am also familiar with Jim Strickland, and I would definately call him a "friend of the Vet". So, I would ask him the same thing..which would be "We need more Veterans advocates, not less, and please lets all forgive and forget. Of course, different Veterans advocates disagree on how to best advocate the cause of the Vet, but let us unite with our common goal of helping the Vet." To bad I dont have audio, or I would sing you the "mop" commercial jingle.."Berta come back..you can blame it all on me.."

I am seeking an attorney to represent me at the VA..I have had enough shredded documents, "overlooked" claims, ignored NOD's, and VARO errors to last a lifetime during the past 7 years. Now it looks like the VARO shredded my "special claims handling" request also, as they cant find that either. My question is that I heard that the judge can award attorneys fees be paid by the VA..if the judge determines the VARO was at fault. Does this mean that the attorney "double dips" and collects attorney fees from the VEtran AND the VA, or does that mean the Vet does not have to pay? There is NO DOUBT in my mind the VARO was at fault! So, I am guessing that we Vets whose claims were messed up by shredding would not have to pay, right?

Larry is right. The VA has shredded so much stuff, The VA now requests that we shred our own claims evidence, because their shredders have a backlog of claims, and because there is a temporary ban on the Regional office shredding Veterans claims. This temporary ban is likely to be lifted soon, so that it will be "business as usual" and the Regional Offices can again begin shredding evidence as soon as the "October incident" blows over.

Scout, Good Post, and I agree with your statement: "If it was not an adverserial setting then the VA would not try to create reasons to deny your claim. If leadership was taking into consideration then the Cleveland VARO Manager would not be getting promoted to the one of the top positions in the VA for having one of the worst VARO in the country." If Shiniski is any good, he will fire this manager..Cleveland is a BAD Regional Office on at least two counts: 1. There were 58 Shredded documents found at Cleveland by the VAOIG...one of the 4 worst in the country. 2. It is one of the lowest compensation states, also according the the Attorney General. When I called the VARO in Cleveland, about a year ago, I asked the representative why was Cleveland compensating Veterans about $4000 per year less than New Mexico or Maine Veterans? She responded, proudly that Cleveland has a "high accuracy rate" suggesting that Maine or New Mexico are overpaying the Vets, and Cleveland is more fair. Well, their "high accuracy" rate is due to them shredding any evidence that disagrees with their agenda! I do not think it is any coincidence that Cleveland is BOTH one of the top shredders of claims of all RO's AND compensates its VEts less than other states. I think those are the same problem.

Dont know if this helps, but thought I would mention it: THere are at least TWO cases when the 1 year time limit on appeals does not apply: 1. Clear Unmistakble Error, which is more difficult to prove than an appeal without CUE. 2. Multiple appeals. I am not clear on this one, but you can try reading this case, although it may or may not help you: http://bulk.resource.org/courts.gov/c/F3/3...91.93-7090.html If you have another appeal pending, you can "clarify your appeal issues", that is, perhaps you neglected to mention the hearing loss issue. The way I understand the law, is that you would not necessarily have to file a NOD on ALL the issues, if you filed a NOD for ANYTHING, you would "preserve" the one year date, and could, theoretically clarify your NOD later, even if you added other issues that you disagreed with in the NOD. Its JMHO, but I am pretty sure about this one. If I am right here is a hypothetical case: Veteran denied for hearing loss and tinnitus on 12-1-07. Veteran files NOD disputing hearing loss on July, 08. On Jan. 09, Veteran clarifies NOD and states he disagrees with hearing loss AND tinnitus, both of which are denied. According to my interpretation, the appeal would be based on both conditions..hearing loss and tinnitus because the timely filed Nod disputes the decision, and the Veteran certainly may add additional evidence, and even that he is also claiming to appeal the tinnitus. The NOD is not expected to be perfect..and need only be "reasonbly construed" by "expressing disagreement or dissatisfaction" and indicating an intent to contest the result. Again, this is JMHO, and I suggest you research case law for your own satisfaction.

I sent an IRIS email inquiring status of my claim, because: ...An April 08 VARO decision says IU was denied. ...An Aug 08 VARO decision says IU was pending. It did not make sense to me that, it was denied then pending 4 months later, when I had not re applied for IU. So, of course, IRIS "straightened" it out right? No. Its worse. They said my IU claim was "claimed January 2007, but then CLOSED July 2, 2007". The VARO has NO IDEA whether my claim is pending, in appeal, denied, or shredded. I know some of my evidence has been shredded, but now I am thinking the entire claim was shredded, and they were reading from what it stated online. Does anyone have any idea of how to fix this mess? Oh, yes, I have a VSO, and he is even more confused than I am, and I am WAY, WAY more on top of this than the VARO, in part, because this affects MY paycheck, not theirs. They KNOW when their payday is, and how much it will be, but they dont have a clue on my claim.

Berta.. I could not help but laff at this. "Incompetent" and "VA" go together like two peas in a pod. Its too bad the Regional Office doesnt HAVE to have a fiduciary, cuz they need one. Maybe the RO could keep their jobs by just shredding each others payroll information, instead of the Veterans claims evidence, and just have the C&P doc approve our disabilities online.

Randyhol I am also presently seeking an attorney for representation in a VA claim, and will consider hiring an attorney willing to represent me, but without VA or CAVC experience because I think my case is unique enough that a lot of experience just wont help with my case. If you would like to send me your phone/email contact information, just click "broncovet" and then send me a private message if you dont want your information published publicly.

I filed a "Writ of Mandamus" with the CAVC in 2007 (Pro se) , so I will offer my experience..altho it is limited. What questions do you have..of course, I may not be able to answer them, but I will tell you if I dont know.

Tbird I would like to recommend a link to Veterans Benefit Network, and to have search results to include this. Altho I do prefer hadit to VBN, I will be the first to admit that VBN did have at least 2 or 3 ex Rating specialists on it answering questions, and that some of these answers are very thorough and informative, like hadit. VBN, however, did not seem to tolerate any negative comments toward VARO's or raters, as I was "kicked off" the site for negative comments toward a VARO and disagreement with rating specialtist comments. Even tho there continues to be disagreement with me and at least one VBN poster, I do feel this site will help fellow Veterans. I have no "bad blood" with any VBN poster, tho, it is clear we will probably never be able to agree, since I have I have a zero tolerance policy for VARO's/rating specialists who have sometimes "struck out" against Veterans.

Carlie, Thanks for asking. At present I am not "at the BVA"..my claim is so confusing VARO does not know where it is "at". I won my BVA in 2004, a "complete grant of benefit sought". However, VARO in Cleveland has issued at least 4 decisions after 2004, none of which awarded complete benefits. I sent an IRIS email asking the status of my IU claim because: 1. The April 2008 VARO decisision said IU was denied. However, 2. The August 2008 VARO decision said IU was "pending" AND, I did not put in for IU between April 08 and August 08.

57 Tom If you are pretty sure you suffered these conditions due to military service, then you should apply right away. You probably want to find a Veterans Service Officer to help you. Even tho you may not be able to "prove" your case right now, apply anyway. The law says that the VA has a "Duty to Assist" you with your claim. The reasons you should apply now: 1) Your health is unlikely to get better over the years, and, even if you dont need those health benefits now, you may well need them in 10 years. 2) The VA tells people it takes an average of 6 months to process a claim. Even tho some of the VA offices have been caught at "faking" dates to make their numbers look better, you are HIGHLY UNLIKELY to get a check after 6 months. In my case, I applied on April 4, 2002, and I finally was DENIED IU benefits on April 13, 2008, more than 6 YEARS Later. And NOW, I can appeal. Yea..they "processed" part of my claim, but "forgot" about Individual Unemployability (IU) for more than 6 years. The reality: It will take you years and years and years to finally be awarded benefits due to you. If you dont think so, just ask some of the other people on hadit..carlie, Bell, hundreds of others. These are people who have fought the VA for years to get their benefits, along with me. I waited at least 3 years before I applied for benefits, after I thought I may be eligible, and I truly wish I had not waited. Even tho I have only been awarded "partial" VA benefits, I could sure use another 3 years of retro, right now. Bottom LIne: WAITING TO APPLY FOR VA BENEFITS COULD COST YOU THOUSANDS

Carlie Thanks for taking the time to respond. I said, "One example of this is that I have evidence that the Cleveland VARO manager lied in testimony about my case to the CAVC. I LOVE to point out this lie, even tho it may not have anything to do with winning my case, except to show that she lied." You responded, "I would point it out if it would help to grant or advance my claims." Of course, the issue is I just dont know if it will help or not? What the heck..I am going to "post the VARO Cleveland lie" to see what you think. As brief as I can: 1. Veteran files for hearing loss, tinnitus, TDIU, depression in 2002. 2. RO denies HEARING LOSS ONLY in NOV. 2002, and ignores other Veterans claims. Veteran files NOD 12/02 3. BVA grants Veteran "complete grant of benefit sought" in 2004. BVA mentions hearing loss AND TInnitus, but does not mention TDIU, depression. Veteran contends BVA award of "complete grant of benefits sought" includes benefits sought by Veteran in 2002, but ignored due to regulatory violations and shredding evidence. 4. RO grants 0% for hearing loss only, continuing to ignore other Vets claims. 5. Veteran files NOD in March 2004, disputing implementation of BVA decision. RO does not respond to NOD until 2008 mandamus. RO issues decision in 2005, awarding 10% tinintus, 30% depression, NSC pension. 6. Veteran files writ of mandamus in 2008 with complaints of excessive delay, AND failure to respond to NOD. 7. Cleveland RO manager testifies, and contends Veterans 2004 NOD was "interpreted as a claim for benefits" in Secretary's response to Veterans Mandamus. RO further contends that the "RO did not hear from the Veteran" from March 2004-January 2007. 8. The Veteran has a "STatement in support of claim" stamped received by RO on April 14, 2005 within alleged "blackout period". 9. RO issues denial on TDIU in April 2008, over 5 years 10 months after initial claim. Veteran files NOD in June 08. 10. RO issues denial in August 08, says no "formal TDIU existed in 2002", and says TDIU "pending"..in conflict with TDIU denial in April, 2008. RO further says no NOD exists to 2004 decision and appeal period expired. Veteran files NOD, Nov. 08 11. Veteran requests "special claims handling" due to IRIS inquiry showing only one NOD pending, when I have 4 NOD's pending: 1)2002 NOD, not settled yet, 2004 NOD misinterpreted as a claim for benefits, 3) April 08 NOD, 4) August 08 NOD. In a nutshell I contend the VARO lied at least twice: Once, they did not treat my NOD as a "claim for benefits" or I would have been awarded or denied benefits as of that date. Lie #2 The RO DID hear from Veteran in 2005, during "blackout period" and I also have other documents that were shredded by VARO. Should I mention lies in appeal or not? I also dont know where to appeal..Cleveland RO simply ignores my NOD's..so can I send it to BVA? or what? Cleveland RO has shredded or misinterpreted 3 out of 5 NOD's that I filed.

Interesting Rental guy.. it is just what I have said in the past about the differences between RO's...yours give you 10% with No hearing aids, mine gives hearing aids with zero percent... May I ask what is your average decibel loss, and speech differentation? I have appealed my zero percent evaluation TWICE and been denied twice. However, I am SC for depression secondary to hearing loss at 30%.

Rental guy.. Gee..here we go again. I have a zero percent rating for hearing loss, which is a 55 decibel loss. Yes, my audiologist uses the word "moderately severe-severe" hearing loss (both ears are similar) to apply to my hearing loss, yet they pay for hearing aids, and have assigned me a 0% evaluation for hearing loss. Of course, I dont know how bad cavmans hearing loss is. I really do appreciate you rentalguy..even tho we dont agree on stuff..I highly suggest the Vets take your advice and not mine, because yours is much more likely to win their claim. I am much more of an "outcast" and the RO HATES outcasts..especially me...and they let me know that by denying four out of five of my claims. The good part is that even if you are a BIG PAIN in the BUT, like me, you can still win your claim with persistentce, it is just that if you use rentalguys methods, you will get your benefits much faster.

Rental guy.. As much as I hate to admit it, you are likely right...that is, even tho, it is preposterous to count "suicidal ideation" on an even keel with the inability to get along with people, you are likely right, that some VA rating specialists DO count up the number of symptoms, and then rate the Veteran according to the number of symptoms in the 50% rating criteria vs the number of symptoms in the 70% rating criteria without assigning any importance to the symptom. Of course, other rating specialists probably rate them on a "shoot from the hip" method, or some other reason..I think it was Hoppy who suggested a "hidden agenda".. I have heard rating specialists, on another forum say that they werent gonna give the Veteran "one red cent" MORE than the "book" says. I wonder if the person that said that expected their boss to give them a raise in the same manner..or, would they want their boss to dole out raises much more generously. From the Veterans point of view, I would say most Veterans want to know WHEN they get there raise, before they know how much of a raise they will get. If I offered you a 200% raise..in 20 years, or a 5% raise NOW, which would you take? I think most of us would take the "now" raise. Most Vets are ticked off more about the When of our benefits than the how much. I have waited more than 7 years..and, you are right that at least part of that is my own fault even thou I would love to Blame the VA. I think what you are saying is that the VA makes the rules, and if I want to get paid, I have to play by their rules rather than whine about them, say how they dont make sense, etc. That being said, I have noticed a great disparity between the Regional Office level, and the BVA level..frankly the BVA applies the laws in a MUCH more consistent way. That is, I have gotten a much fairer shake from the BVA than the RO. I have had ONE BVA decision, that was fully favorable and 5 RO decisions 4 of which were total denials and one was only partially favorable. I am frankly convinced the RO is unhappy with the BVA decision and has spent the past 5 years trying to limit it as much as possible. Is the RO wrong? Yes, they are..however, the BVA award does not pay my bills..only RO decisions. I am confident that eventually the RO will pay, but, because I was much less than complimentary to them, they are going to make me wait as long as possible on my benefits.

Cavman There is good news and bad news..if you want to "try" a hearing aid, my guess is that your hearing is not bad enough to be motivated enough to keep and use your hearing aid...they are a pain in the neck. Most Hard of hearing people (hoh) go for about ten years before getting hearing aids. Since the average hoh person looses about 3-5% of their hearing per year, however, you will probably be frustrated enough to HAVE to have one soon enough. However, if you want to "try" one there are private companies that often let you try one out for 30 days. Can you "watch" TV without Close captioning? I cant..I havent seen a movie, without close captioning or hearing aids in about ten years. If you can watch TV/movie without CC, then be patient..as I said, your hearing will probably get about 5% worse per year. My advice is to enjoy what hearing you have left. As I said, if you are desperate, and cant hear, (like me) then you will do whatever it takes to get hearing aids...JMHO

Armyvet Listen to Berta...she has been down that trail before! Yes, we would recommend you ask for an increase..the sooner you ask, the earlier your effective date, the more money you get. Write to the your regional office and/or visit your local Veterans Service Officer (DAV, VFW, etc) and ask him/her for help if you dont know how to do it. If you are dissatisfied with the service of your Veterans Service Officer, then "fire" them and get another. If they "deny" your increase, then file a Notice of Disagreement if you feel the that you are entitled to this increased rating.

Rental guy.. I am going to take Belles side because you said, to the effect, its a "numbers game only"..that, since maybe her hubbie had only 5 symptoms in the 70% category, and 8 sypmtoms in the %50 category, that he must be rated at 50%. I dont agree with that because that assumes that all symptoms are alike, and have equal weight..that suicidal ideation with intent to plan is the same as an inability to maintain relationships, for example. It does not take any VA "fuzzy math" for me to know that suicidal ideation with intent or plan, could have a far different consequences than just not getting along with your spouse..and that these symptoms are NOT equal in importance. Further, I contend that if Bells Hubby DID have suicidal thoughts (no offense Bell..I am not sure whether he does/does not have SI..I am just making the point that "all symptoms are not alike"), that "symptom" MUST be taken seriously by the VA, or else they are demeaning the Veterans life!

Carlie.. I certainly agree that it is impressive. That being said, IMHO, I would have "left out" the parts on the denial issues that you agreed with, just to make it shorter. I have found that people have different attention spans in their reading ability, and, whenever possible, I make it shorter rather than longer. Of course, you dont want to leave critical stuff out, and that is why I would only say something about issues that you dispute, as it could well be assumed if you did not bring it up, then you agreed with the denial..Jmho..please understand, tho, I am considering using your excellent rebuttal as a "template" to do mine...and I thank you for it, because my VA filings were never this good. I wish I had someone like you to help me with mine, there is no DOUBT that you were thorough and will "win" your case. Even tho I KNOW we arent supposed to do this, I tend to make my filings somewhat of an excuse to "bash" the person who denied me. I just cant help it, I feel that I have been insulted by the denial decision maker, and take every opportunity to refute any statement (s)he about me, even if it is irrelevant to the outcome, at least I feel better when I write it. One example of this is that I have evidence that the Cleveland VARO manager lied in testimony about my case to the CAVC. I LOVE to point out this lie, even tho it may not have anything to do with winning my case, except to show that she lied.

Hi Berta.. No, I dont have a Nexus..I usually drive American cars instead.

Thanks, Scout..its quite a compliment to ME..that maybe something I said helped another Vet.

I do not think it is a computer "glitch" but rather a default value inserted into each Veterans medical record designed to make the Veteran look like a liar, and to easily deny his claim. I have seen statements on my medical records that go something like: "Veteran has been screened for PTSD, and the results are negative". This is a "default value" and similar statements are often inserted in each Veterans claim, by default..in other words, the Doc does not type it in, it goes in each time. Later, when the doc types in Veterans statements about stress events, PTSD symptoms, and evidence, it looks like the Veteran is full of it because he is making conflicting statements. This is just one more "gotcha" designed with the 3D's in mind: Delay, Deny, Discredit the Veteran.

Clown Man.. You really are funny..especially if you expect the VARO to respond. You said, "First I have to ask what was VA's response to your letters asking why the claim for hypertension was not acted upon?" It has been my experience that VA NEVER responds to my letters! You might get an Iris email response which will say nothing like, "If you have questions on your claim, or wish to appeal, write to your VARO" In my case, I kept writing the VARO asking them why they did not respond to my 2004 NOD. They said NOTHING until I filed a "Writ of Mandamus" in 2008 demanding a response. Even after the CAVC judge ORDERED they respond, they lied and said my 2004 NOD was "interpreted as a claim for benefits". When I sent them a letter which demonstrated that no claims were ever denied or awarded as of the 2004 NOD date and their "interpretation" was simply not true, how did they respond? You guessed it. They NEVER RESPOND. More recently, I sent a "special claims handling" request to the VARO Cleveland, because evidence of mine was shredded by the Cleveland VARO. How did they respond to my letters? They NEVER RESPOND. However, how did VA management respond to Cleveland VARO shredding 58 documents, according to the VAOIG? This time they responded. They promoted the manager. Here it is: http://www.vawatchdog.org/08/nf08/nfdec08/nf120408-1.htm

Thanks for this "heads up". Frankly, I doubt that anyone knows anything about this new "program", especially VARO's. I am very skeptical that it will work and your claim will happen in 90 days. Reason: If they REALLY get claims done in 90 days, then they will be admitting that it is possible, and they know we would expect it all the time. WE Veterans have gotten so accustomed to the 3 D's (Deny, Delay, and discredit the Veteran), that we have lowered our standards..so low that mediocre is the new excellent. Veterans claims could/should be done in days or even hours instead of months. For example, when you file for unemployment you often can get a check in a couple weeks. There is really no reason why VA claims could not be done in a couple weeks, other than the fact we have been made accustomed to this 6 month to 6 year process. (My claim is not yet settled after more than 7 years.) There is also evidence that even the VARO's 6 month average wait time is false, because at least some of the VARO's have "faked" the dates to make their numbers look better. Here is one link where the New York VARO faked the dates, and destroyed evidence as well: http://www.vawatchdog.org/08/nf08/nfdec08/nf120508-1.htm Go ahead and "try" it, if you like, but they have been "trying" to reduce the claim time down for years, when it has actually gone up, and has gotten worse every year since 2003.