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wapiti
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Posts posted by wapiti
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My new VSO with the DAV called me the same day he received(1/28/08) the copy of my last C&P exam that I sent him. He immediately filed a NOD, stating that I meet or exceed the criteria for an increased evaluation. I myself was impressed with how fast he called and filed NOD. I called Senator Burr's office in Winston-Salem,talked to Garth, and he said he would begin working on my case from his end. Thanks everyone for your help and suggestions and I will keep you posted on whatever or whenever I hear anything.
Wapiti
Berta bring Lone Wolf with you down to Cherokee, beautiful Smoky Mountains and also Harrah's casino if you gamble.
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email from Colonel Dan Cedusky:
http://www.news-record.com/apps/pbcs.dll/a...2/NRSTAFF/81438
8311.
contact: attorney firm at http://www.wcsr.com/ contact:
Veterans@wcsr.com
Need a veteran's attorney In Michigan.. contact: rpwalsh@sbcglobal.net
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Article published Jan 22, 2008
Vets get free legal advice for filing claims
A local law firm hopes to continue pairing attorneys with veterans during
workshops.
By Jennifer Fernandez
Staff Writer
WINSTON-SALEM - James Gaither says he spent four years in the Air Force in
Vietnam, running covert missions out of nearby countries.
Forty years later, he says he's struggling with the effects of Agent Orange.
The chemical was used to clear brush that enemy forces used for cover. It
has been blamed for various medical issues in Vietnam veterans.
Gaither, 62, was among about 40 veterans, some from as far away as Virginia,
who sought help last week with filing disability claims at Winston-Salem's
Womble Carlyle Sandridge & Rice. The law firm, in collaboration with the
Young Lawyers Division of the N.C. Bar Association, provided free legal
advice as part of its new "When Duty Calls" program. Clinics were first held
last year in Raleigh and Washington.
Veterans each spent about an hour with an attorney and legal assistants,
said Tim McClain, an attorney with Womble Carlyle and former general counsel
for the U.S. Department of Veterans Affairs.
"More of these clinics need to happen," he said. "Because there is a real
need there to assist veterans."
Veterans Affairs will receive more than 800,000 claims this year, McClain
said.
According to the agency, 2.8 million veterans were receiving disability
compensation as of September 2007.
In 2006, Veterans Affairs spent more than $2.3 billion in North Carolina to
care for more than 756,000 veterans here.
That same year, 138,379 N.C. veterans and survivors received disability
benefits, pension payments or some type of compensation, the agency
reported.
Veterans can file claims on their own, but it is a complicated process,
McClain said.
Gaither said he recently has been denied a pension and has been trying for
seven or eight years to increase his disability payments. He said he needs
the help because he is now on several medications, which he blames on his
exposure to Agent Orange.
Womble welcomed him and everyone was very nice, Gaither said.
About 30 of Womble's employees volunteered their time for the workshop.
Help also came from about 25 local law students and 10 attorneys from other
area firms.
"I got the feeling that they're really going to help me," Gaither said.
The law firm plans to offer workshops in Atlanta and Charlotte later this
year. And other law firms are replicating the program in their areas, said
Tripp Greason, director of the firm's free legal programs.
"We're trying to expand this," McClain said. "We'd love for this sort of
thing to go nationwide."
Greason hopes the law firm will build the reputation and expertise so that
veterans know to "just come to us."
Law Office contacts:
Atlanta
Galvin Devore (404) 872-7000
Baltimore
Dede Fowler (410) 545-5800
Charlotte
Charlie Allison (704) 331-4946
Greensboro
Melissa Weaver (336) 574-8033
Greenville
Barbara Fountain (864) 239-5997
Raleigh
John Turlington (919) 755-2117
Research Triangle Park
Mia Pizzagalli (919) 484-2302
Tysons Corner
Cheri Edwards (703) 790-4688
Washington, DC
Deborah Kowal (202) 857-4414
Wilmington
Marie Swyka (302) 252-4350
Winston-Salem
Keith Tedrow (336) 721-3594"
(PS Bob walsh ,veteran's attorney from Michigan ,is presently teaching veteran's advocates at Detroit Law School-his email is at top of this.
and the archive of his show with me at SVR -Jan 16th-should be up at Stardust anyday now)
Thanks Berta, this is great info.
I have a Vietnam buddy in NH, when we drive up to see him we drive across NY, upper part of NY is beautiful country, I was pleasantly surprised.
wapiti
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Wapiti- this sounds encouraging from the DAV guy-
I am very concerned that you didnt get proper VCAA Notice-
my claim was in limboland for years due to this and is finally getting squared away-
Men and women- if the VA fails to send the VCAA notice and the critical VCAA election form-
nothing triggers them to stop sitting on their thumbs-
it is the returned VCAA response election form that gets them moving and reading the evidence.
PS-some of my ancestors are Wampanoags-the small Massachusetts tribe who saved the Pilgrims from starvation-
I have Squanto's picture ( a painting not ophoto of course- on my PC desk and tell everyone he is my Cousin (in a way)
I bet there is Definitely something wrong re: the way they handled your claim and there is great benefit to have a rep org with offices in or near the RO.
Hang in there on this veteran-
The DAV is in the same building as the RO. I mailed him my last 2 C&P exams, the first a GAF of 45 and the last with a GAF of 35, also the denial letter from the VA. He should get it on Monday. I will keep you updated.
You need to come down to the mountains in NC and visit the Cherokees.
Thanks for the support
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Has anyone gotten a second or subsequent copy of their C-file and knows how much the VA charges you per page if they have already sent you a copy of your C-file?
I know you're only entitled to one free copy, which I already got some time ago but there were some papers missing so I want to order it again to see whether or not the papers have turned up in my C-file.
I'm just curious what it will cost me per page for a second copy of my C-file.
Thanks,
TS Snave
I just got a letter from them, $10 for the next copy.
wapiti
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You might have answered my past questions but I cant find the answer-
Did you get a VCAA letter saying Impotant Reply Reqyested- and then enclosed with it did you get a VCAA election form- whereby you elect one of the 2 boxes?
This is supposed to come prior to any denial-and prior to the DRO election form-
also If you have gotten some shrink records you mentioned =as well as Voc Rebah stuff -I suggest you file for a Reconsideration-
this does not stop the year NOD clock but in certain situations a reconsideration request can get things moving faster and get a better decision.
Your vet rep would know how to prepare this (I hope)
PS -I must sound like a broken record to many here all the time-but to anyone new here-
if you receive a VCAA letter that is non complaint with the VCAA regs-(meaning it must contain a bold typed and underlined statement of what they need that is specific to your claim) and if you do not receive an election response form-
(and therefore the VA can deny your claim saying you never responded to what they never sent you)
your claim is DOOMED!!!!
I have gone over this fact with the Chairman of the House Veterans Affairs Committee
in detail and have referred him to numerous VA documents that support this fact-
as well as James Terry's annual BVA report.
He is trying to reduce the backlog-
but the RO continues the backlog everytime they violate the VCAA.
A DAV SO called Monday, after I talked to him a few minutes and told him about my last C&P exam with a GAF of 35, he said that he couldn't believe a denial of a rate increase, he sent me a form to give the DAV power of attorney to represent me. He said to send a copy of last exam and a copy of the VA's decision and he would find out why I was denied a rate increase. He sounded very positive, but said he couldn't do anything until they got power of attorney. I don't remember getting a VCAA letter, I have looked for it.
Thanks for the help
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wapiti, Indian for Elk ?????
Yes,
Wapiti is our Elk. There is now a small herd in the Great Smokies, right at Cherokee.
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I received my acknowledgement letter today about my Voc Rehab file.
As soon as I get everything assembled, do I write a short letter asking for DRO. Any examples of how to write the letter and how to arrange the new evidence.
Thanks
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Senator Burr (NC) is the Ranking Commmitee member for the Senate Committee on Veterans Afaiars -have you ever contacted him?
Berta,
I called Sen. Burr's office today in Winston-Salem. I talked to their VA rep. and he told me to file my appeal to the DRO, and as soon as I do, I should call him back and then he will work on it from his end. He said I should fill out a form 9.
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No I haven't contacted him, but I will call his office Monday, Thanks Berta
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Congressman Patrick McHenry will be giving a seminar in Lenoir this coming Monday. I am going to hand deliver a copy of my C&P exam along with the VA's denial letter to him. He may not read it, but I am going to give it to him.
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What is the best way to look for a lawyer that handles VA cases?
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I applied for Voc Rehab in 08/2006 and that is when I was turned down. I mailed a letter today asking for my file and the reason for denial of voc rehab. I don't remember who my counselor was, but it will be in my files. I may ask for for your e-file when I get my records.
I also sent an email today to the Am Vets office which is located in the VA regional office building.
Also good luck with your claim.
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I must have followed you footprints here Christopher. I was really depressed when I came across hadit, my vso was no help, and I had no idea how to continue. After reading many posts in hadit, I got the nerve up to ask some questions, and I am glad I did, lots of suggestions. Thanks
Wapiti
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Happy New Year everyone,
I have the ph. # for the Am Vets in Winston-Salem which is in the same building with the VA, I am calling them in the morning.
I am also thinking about sending Elizabeth Dole my C&P exam to see what reaction I get from them.
I am no longer going to use the current VSO that I have, she just fills in the forms and sends them in, offers no suggestions or directions, Well this is like the preacher talking to the choir, most of you already know the problems with vso's.
Wapiti
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Thanks Berta,
Everyone of you who have dealt with the VA maize before me have great info. I never make new year resolutions, but this coming year I am going to fight for my VA benefits, and as I learn the ropes, help other vets.
Yes, I will get a copy of my Voc Rehab records and the reason I was turned down.
Wapiti
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Wapiti
You might be the poster boy for VA gross incompetence. A GAF of 35 and a rating of 30% is just absurd. Your exam results point to a 100% rating. If the rater ignored your C&P you will win this thing on appeal to the DRO if they have any sense at all. You have all the evidence you need. These are the kinds of decisions that just discredit the whole VBA. This decision to deny your increase seems malicious. Someone should lose their job over this.
Thanks John,
This gives me courage to carry on when I feel like giving up. thanks again!!
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I will look at my folder from Voc Rehab. I haven't filed for TDIU yet. I am going to try to get a new VSO next week
Thanks
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Wapiti-has the VA sent you a DRO request form yet?
Also did you get a VCAA letter and an election response form under the VCAA when you first filed this claim?
"Do you just write a letter and ask for reconsideration?
Attach the C&P exam?
Mention my years of unemployment?
My drugs and their side effects?
Should my wife write a letter?"
I say yes to all of above and tell them how the SOC clearly disregraded the C & P results and the GAF etc.
"What else should I send?"( I would send then the filled out TDIU form too and ask that it be considered.
If I were you I would cite right in the request for reconsideration the following regs -I copied this from my last response to the VA and they have been actively moving on my claim ever since getting it:
"I will list the evidence I am again enclosing , to include the signed Election Notice,
And I cite the following established VA case laws and regulations and ask that they be properly applied to my claims:
§4.6 Evaluation of evidence.
The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law
"b. Review of Evidence. Concisely cite and evaluate all evidence that is relevant and necessary to the determination. Rating decisions must evaluate all the evidence, including oral testimony given under oath and certified statements submitted by claimants, and must clearly explain why that evidence is found to be persuasive or unpersuasive. Decisions must address all pertinent evidence and all of the claimant's contentions. "
Source: September 23, 2004 M21-1, Part VI
CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
PART 3_ADJUDICATION--Table of Contents
Subpart A_Pension, Compensation, and Dependency and Indemnity
Compensation
Sec. 3.159 Department of Veterans Affairs assistance in developing
claims. (XC 24 884 978 Page 4 of 5)
(a) Definitions. For purposes of this section, the following
definitions apply:
(1) Competent medical evidence means evidence provided by a person
who is qualified through education, training, or experience to offer
medical diagnoses, statements, or opinions. Competent medical evidence
may also mean statements conveying sound medical principles found in
medical treatises. It would also include statements contained in
authoritative writings such as medical and scientific articles and
research reports or analyses.
(2) Competent lay evidence means any evidence not requiring that the
proponent have specialized education, training, or experience. Lay
evidence is competent if it is provided by a person who has knowledge of
facts or circumstances and conveys matters that can be observed and
described by a lay person."
No DRO request form yet.
I will have to look the other one up
thanks,
wapiti
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Thanks Pete, Berta, and Nam Vet,
As a Nam vet myself, I appreciate all of your suggestions and help. I was up all night going over what all of you have suggested. All of this stuff is really overwhelming, I am realizing that the VA is not really our friends as we would like to think, but seem to be our adversary. I just happened to get a card from the DAV yesterday, I think that I will call them and see if they have a local rep.
I forgot to mention that I applied for vocational rehab last year and was turned down. I had my hopes up, went up to Winston-Salem for 2 days, did all kinds of tests, talked to the local shrink, went back up a couple of weeks later to talk to the same shrink and from my interpretation of what he said is basically they were not going to spend money on an old worn out 60 yr. old vet. He told me before I left that maybe I should be a locksmith. I wanted to beat the shit out of him but I was good, I just told him thanks for all his trouble. Boy, what a crock Voc. Rehab. is. Should I mention that I was turned downed for Voc Rehab when I send the letter to the DRO?
A guy from VVA called and gave me the name and number of a private doctor in Winston-Salem that works with vets and uses the same methods that the VA does.
Thanks,
Wapiti
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I would ask for a DRO Review and ask them to read the C&P that was given by their Doctor. If you are unable to work which your C&P says you should be 100%. An outside opinion may help but I think you should win based on the VA opinion. You should also ask for a full statement of the case to refute the VA decision.
Good Luck
What is a DRO review?
Do I write a letter asking for a review?
I am not sure what you mean by asking for a full statement of the case to refute the VA decision.
I'm sorry guys, I'm lost with this stuff.
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I have a copy of the C&P exam. They only referred to a couple of items in the exam. They mentioned the items in section C. They did not mention D. DSM-IV Diagnoses at all, didn't mention about Axis I,II,III,IV, or V.Didn't mention effects of PTSD on occupational and social functioning. They did not mention suicide attempts, my VA mental health doctor wanted to confine me to the hospital to adjust my meds., but I begged them not to because I felt being confined in the hospital would make it worse, they did not mention my unemployment for 3 years. They didn't mention B. Medical History. The doctors summary of current psychosocial level of functioning: The veteran is severely impaired in occupational, social, recreational and familial adjustment.
I could send you the whole C&P exam if wanted and the VA's response, they seem to come from different parts of the world.
I am thinking about finding a new vet rep, the one I have is a nice person but when I asked for suggestions on what I should do, she said she could not make any suggestions and that she would fill out the paperwork when I figured out what I wanted to do.
Do you just write a letter and ask for reconsideration?
Attach the C&P exam?
Mention my years of unemployment?
My drugs and their side effects?
Should my wife write a letter?
What else should I send?
What is a DRO?
I appreciate the suggestions, because this stuff is really confusing.
Thanks
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Wapiti- did they directly refer to what the doctor said in the decision?
Did they list the C & P as evidence or did they totally disregard this?
Or did they put in your decision verbatim-exactly what you stated here as the C & P results?
Do you have a copy of the doctor's actual C & P results? If so- if I were you I would apply for TDIU and SSA.
I will attach the TDIU form-
when a VA doctor states what this doctor stated-the VA should give this opinion a lot of weight.
I too feel you should hold off on a private IMO and I suggest that you ask for a Reconsideration of their decision based on a copy of the actual C & P exam results, and refer to it and then attach it- along with the TDIU form.
I assume since the doc said you are unemployable-that you are not presently employed.
Based on what you wrote here- I feel their decision is absolutely absurd.
Check yes to # 18 and apply for SSA disability benefits-
and under Remarks, refer them to an additional copy of that C & P results and an additional age- put your c file number on it and tell them any other info such as how your PTSD meds affect your ability to work-
list them and attach copy of any side affect print-and how they affect you- like- do not take and drive, causes confusion, drowsiness, or sleeplessness etc.
Your rep should give you full support for filing a reconsideration request on this-
You still must make sure-if they dont handle this within the year NOD period, that your NOD is filed by the year deadline but this request could possibly render a faster and better decision.
absurd-
please feel free to give your rep a copy of my post here-
regardless of the % of any SC rating- if the evidence warrants TDIU or 100% SC- then the VA has to award it.
That decision is just outrageous.
The VA docs statement you have and even your GAF is almost exactly what evidence helped the VA award 100% up from 30% to my husband.After he had been dead for 3 years.
ALL treatment records and even his SSA for PTSD had been ignored by the VA during his lifetime.
If your Rep feels I am wrong here -let me know in this thread and I will contact him.A Reconsideration Request could turn this all around.
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In 2006 I was given an initial rating of 30% for PTSD. I asked for a rate increase and had my C&P exam on 8/15/07. The doctor gave me a GAF of 35. He stated that I was totally impaired in occupational adjustment and capacity, as well as being impaired in most areas of social functioning. His current level of adjustment requires continuing psychotropic medication. The VA sent their reply on Nov. 7, 07. They denied my claim for a rate increase keeping my rate at 30%. Their reply was as if they did not read or look at my C&P exam. I talked to a VVA VSO and he told me to go to a private doctor for the PTSD exam, and then file a NOD. Does anyone have any suggestions on how to proceed next ? Thanks for any suggestions
How Does One Find The Telephone Number Of Dav Rep?
in VA Disability Claims Research
Posted
My first dealings with the DAV have been pleasant. When I decided to change my SO from the county to somewhere else, I first tried the Am Vets in Winston-Salem. They never returned my calls or answered any emails. I then called the DAV office in Winston, and a receptionist answered, I talked to a real person and they were courteous and helpful. So far they have returned my calls and answered my questions. I received more help in one day with the DAV than I received from the Cleveland county VSO in two years.
wapiti