livingrock21

EEErrrr.. I'm pissed because I have a legitimate TDIU claim. SSA granted me SSDI due to service connected disabilities, and based everything soley off my SMR's. Apparently, I've either gotten a lazy VSR again, or they TRUELY believe I don't have a case? lol. I GIVE UP! Not really.. I feel like it though. Thanks bronco. That was actually the first thing I did before I posted on here was sent an IRIS. I'll be waiting on a response from them to see what the next step is going to be from here.

Has anyone on here ever had a claim just cancelled? No notification to the Vet, they just cancelled their claim? I had a claim for "increase" in, which was for TDIU, and they just flat out cancelled my claim in two months.

71M10, I was actually able to keep my SMR's with out having to do any fibbing. There's a form that you give personnel when checking out of the military. It states that you will be the guardian of your records until the VA "collects" them. Which means until you turn in you claim with your SMR's your the owner. I also took part in the BDD program, so that might have something to do with all this, and recent policy change, but that's how it was for me. While I was "guarding" my medical records, I just made about 4 copies, lol. I decided to turn one into the DOD anyway, VA, and then I have the original and a copy for my self. Tyler

Meddac, Thanks buddy. That talk we had was very informative. I've seen it posted on here many a times, "Wish there were more people like you at the VA.", and "Your the exception.". I don't want to believe that, but I do know that there is good people in the VA compensation department because of you! I hope there are a lot more than what I think there may be, but I guess as the fight goes on, I'll find out. The fact that you take time out of your day to get on here and give an insiders point of view is spectacular. I want to thank you again, and god bless you. You will be a great aspect to this forum, and I'm sure a lot of others will feel the same way once they get to know you a bit better. I also love the fact that your willing to give it to everyone straight. There are a few other people on here that will give it to you straight, and I feel their opinion is invaluable also! This board is the next best thing to sliced bread, as my father would say, lol. Thank you everyone, for being there for me, and showing me the ropes. I'm learning, and I truely believe the experience on this board has helped my claim tremendously. As always, you guys are great!

Carlie, Guess I forgot to mention that part also. I was medically retired for the same condition they originally screwed up. Lol. The DOD got it right(with the dx), but when it came to the va, they couldn't. I even gave them my Medical retirement documents which stated the proper VASRD diagnostic code, and the lazy VSR still decided he/she was going to rate me anologously due to my condition supposibly not being in there. That's how messed up my situation is, lol. Also, I did realize that about SSA and the VA. Guess I just forgot. It shouldn't be like that, but I do realize how different they can be. You know the funny thing about this whole situation is the fact that most people say SSA is the harder of the two orginizations to deal with, atleast in my experience yet since I had such a solid claim I was able to get it granted and money in the bank in about two months. It's just crazy. I'm sorry for my rant.

I have to agree with everyone else. Never, send the originals. Heck, I gave both DOD and VA(both wanted the originals) copys of my medical records and kept the originals for my self.

Mcafee, I'd love to see you win this fight. I wish you all the luck in the world, and look forward to hearing the outcome. Tyler

There's no way that'd ever happen. I believe along with a few others in this topic, it has a lot to do with the 'good ol boys' syndrom. If you, I, or joe shmoe off the street did this, we would be looking at 5 to 10.

Here's my outlook on all of this. Purple just had a solid claim, and the VSR that recieved the claim was very competent and willing to do their job. My reasoning of all of this is the fact that I had/have my SMR's, knew exactly what the VA wanted, and still got the out come I did. The only difference was the VSR receiving my claim. It's obvious that they didn't want to do their job, they could've been competent, but lazy. The reason I choose the word lazy, is the fact that all he/she had to do was look and see that my condition was in VASRD and rate me appropriately. Instead, he/she guessed my condition wouldn't be in there, and decided to rate me anologously. Sent me for a C&P exam that was for the anologous condition, and now on appeal, they want to base everything off that C&P exam. It took two appeals just to get them to realize they rated my condition incorrectly. So, because I had a lazy VSR that took on my initial claim, I'm now in the boat that I am. Anyone see anything messed up with this picture? Now, I've spent a year and a half trying to get them to fix a mistake that in no part was my own. I gave them everything they needed, and the VSR still screwed it up. Now, obviously, purple didn't get this treatment. That's because not all VA employees are incompetent, nor are they laazy. I wish I knew exactly the ratio of competent/willing to incompetent/unwilling, but I don't think it will ever be apparent. There's only one reason, and thats because the VA has no accountability. That initial VSR that took on my claim should at the very least lost her/his job, and depending on how many other claims she/he messed up should be looking at jail time. ______EDIT_____ I wanted to add one more thing to this. SSA was able to grand my SSDI claim in less than two months based soley off my SMR. I didn't recieve any EXAMS from SSA. Tell me what wrong with this picture also. How can one gov agency look at my SMR and grant so quickly, and the other take almost two years. That's how solid my claim was, but once again, it doesn't matter to an incompetent/lazy VSR. Their there for the paycheck. It's 8-4, and just try to make their qouta while goofing off inbetween. I've seen Sillyvilians(GS employees) at work. Towards the end of my Navy career I was put on LIMDU status, and had to work with a bunch of these people. People would be outragged to know what goes on in Passenger Service at a Military Airterminal, and the mistreatment its passengers recieve.

luvHIM, I sure hope that your right. That'd be fantastic!

How about this one, as it pertains to my appeal. Misinterpretation of a condition. When the VA misinterprets a condition, they give you a C&P exam for a condition in which you do not have. They then base their decision completely off of this incorrect C&P exam. Even if you can get them to change the condition to the correct one, on subsequent appeals they still base their decision off of a C&P exam for the other condition that they had you rated under. I don't know how many other people this has happened to, but one is enough.

No one? No help? Advice? Shhould I start a new topic, is this too long??

Carlie, It's hard to believe him when it seems as though he's not even trying to help me. His answer to everything is, "Sit tight", "Shouldn't be long", and "I dont believe that's going to help". How am I supposed to believe anything he says either. Who do I talk to if I'm trying to get a straight answer? I feel the same way people on here do, that I should be attacking this from multiple angles. Sitting tight, and letting them screw me again due to them rating everything off a inpertinent C&P exam isn't helping anything. When I say inpertinent, I don't feel like the DR. just mis-understood me and didn't give me the proper examination, I should have never got that examination for paralysis of the median nerve in the first place. I dont have paralysis of the median nerve. Now their trying to base everything off a that C&P exam for a different condition. How is this possible. They can't. It's impossible. He also believes that my SSDI information is going to be key in my appeal. I don't feel so strongly about it. The reason being, I'm getting the SSDI for things that are already Service connected, but also for Anxiety. I had anxiety while active duty, and it's all noted in my SMR. I haven't gotten it SC yet though because I've been fighting them on this. The VSO that helped me with my claim before I got out said I should only claim some of the things in my medical records, and anxiety wasnt one of them. I kind of agreed. They had me on strong anxiety meds at that point, and it wasn't so much a factor at that time. So, I agreed and didn't claim it. Well, it's probably going to bite me in the A#@ now. My mind is fried from anger, frustration, and anxiety. I'm truely lost. If it weren't for you all, I'd feel completely alone.

Carlie, I'm already past the "line"... Now I got one answer, and then another. Who's right? Who's lieing to me. I honestly can't take this crap anymore.. I need to make an apointment to get back on the stronger anxiety meds again.

AAAGGGHHH!!! Nevermind.. Just called back again, and the woman I spoke to this time said it's still pending. ---EDIT--- They shouldn't be able to do this! I have highblood pressure and tachycardia as it is, and I can feel it rising. If someone can make a mistake like this, then they should be fired. Their playing with a vets mind, that could ultimately cost them their life. I want to pull my hair out at this point. Last I heard from my VSO, he told me to sit tight again! I've suggested everything that I've learned from you all on this site and he just blew it all out the window. Everyone says I should keep my VSO informed and do everything through him, but he won't help. I also asked him if I could come down at see my C-file. He told me it would only slow everything up. He's got a copy of my C-file, so hows it going to slow everything up? Also, in the last e-mail I got, he said my claim was with the VA top consultant. Said, it was sent to him on 2/27. Told me it wouldn't be long now. I don't think I can believe anything this guy says anymore???? --Another EDIT-- I'm going to try calling one more time. Just to verify the first guy was lieing. I still can't believe that.

Now, I'm very, very, very confused! I'm taking this with a grain of salt, but I just got off the phone with the 1-800 number at the VA. The guy that I talked to said that my appeal has been closed out. This is why I'm taking it with a grain of salt. My appeal is supposed to be going to the BVA. I'm on my last appeal. Supposibly I sent in the formal form 9 and everything, lol. Don't ever remember doing so, but... Any, like I said, my claim is supposed to be getting prepared to go before the BVA. Well, the guy at the 1-800 number said my appeal has been closed out. He said they partially granted my claim and closed the appeal out. I'm supposed to believe this? If this is true, now what? Since that was my last appeal, that was supposed to go before the BVA, and supposibly the VARO partially granted my claim, what now. Obviously they didn't give me exactly what I wanted. So, why would they close it out. Since they partially granted it, does that mean I can start over with my appeals, and keep my origional file date? He couldn't tell me what the partial grant was for. I'm really not believing this at this point. What could a partially grant be? If this is the case, I'm willing to bet, it has something to do with my congressman contacting good ol' director shinseki. What's your guys take on this? What do you think? Help.

Rockhound, I'm just curious, but about how often do you get these letters? Once a year? I haven't ever got one yet, but have only been in the VA's "system" for about a year and 9 months. I have to agree with everyone else. This is unacceptable to say the least. Maybe one day they'll fix the system, or atleast improve it. I don't see it happening anytime soon though. This new director talk alot of nice things, but I'm thinking he's just blowing smoke up our a@%'s.

Thanks for the responses Carlie + Ricky. Ricky, I don't know whether to think any of this is a good thing, or a bad thing. I think Carlie is probably right, it's only going to add time. On the other hand, my claim is at a stand still right now as it has to be transferred to the BVA for processing. I don't know. Carlie, Your probably right, I hope not, but I'm almost positive you are. I don't know which road to take now. Ask the VA to CUE themselves, ask for expedition, ect. Like I said before, my VSO said sit tight. I know if i just sit tight, I'm going to get the same response i did last time wether I ask for expedition under the GWOT guidelines or not. So, I think I'm going to atleast do that. Still contemplating the CUE. I need to actually speak to someone at the congressman's office to verify that 'all' my concerns are addressed. I'll def. be giving them a call monday. At this point, I dont know whether to be happy I wrote him, or mad/sad. I was so frustrated at that point, the point before I started posting on here and getting help with my appeal again. At that point, I just felt this was the last option. I've heard pretty much nothing but bad things when you get a congressman involved. About 3 out of 4 aren't good, just slows things down. I've only heard of a handful of cases where it really benifited the veteran. In those handful, it really benifited them, i think a couple weeks after they actually had a favorable decision(this could also be due to their claim almost being done anyway though). What to do, what to do. If I only knew. I really don't know where to go from here, and which route I'm going to take. Any suggestions/ideas/plans, I mean any, are welcome. As always, thanks for my sanity. Just got to keep on, keepin on. Tyler

You know, I forgot to mention about this from day one in this topic because I kind of forgot about it. About a month ago, I contacted my congressman. I explained everything to him as I did here, and pleaded for his help. I told him if he was just going to do a congressional inquiry to not bother. I went out and checked the mail a minute ago, and got a response from him. He addressed everything in my letter to him, and said he'd be personally handling the situation. He also said he'd be contacting director shinseki about this situation. This kind of throws another loop in the mess. I'm not sure what to think about this, and now I'm not sure how to proceed from here. Sorry I forgot to mention this, I honestly forgot about it. I truely wasn't expecting anything but a letter saying he couldn't do anything besides an inquiry.

Broncovet, Keep on, keepin on... I thought my situation with the VA was pretty messed up, but looking at this... Wow.. It's unbelievable that the VA is allowed to treat us veterans this way. Five years to get something that is owed you is unacceptable. I wish I had advice for you, but me being the FNG, I don't. Except Keep on, keepin on..

Nobody? --EDIT-- I'm just concerned. I need to make a decision on this asap. I dont want it to continue at the rate it's been going, and get another low balled decision.

I really believe me being polite had a lot to do with it. I was polite but also at the same time let them know that I wasn't taking their crap anymore, and that I knew who to go to. It was def. a good experience.

Anyone have any ideas on what I should do? Like I said, I finally got a hold of my VSO the other day. He says I need to sit tight. I can't do that. I know if I just sit tight their going to low ball my rating again. So, do I request that the old C&P be thrown out due to irrevalance, and then ask to expedite due to their GWOT regulations? Or, do I ask the VA to CUE themselve? As always, thanks for the help in advance.

Wouldn't have been possible with out you all! Really. I know I would have done something on my own that would have had adverse affect. Guaranteed. Just like in the past.

LarryJ, It does feel really good. This must be what it feels like when you get the grant deserved from the VBA except multiplied by 10. Can't wait for that day. Hopefully it'll be some day soon.