Jayg

Ok. I hear you. Don't like it, but I hear it. A couple points though. The writ? Ok, No arguments. The hearing? I was given to understand those were quicker to obtain than, say, DRO hearing (6 mo min.) I wasn't expecting to get it a. next week or any such nonsense b. "faster than anyone else." "How long have you been waiting for a decision on your claim?" This time?" Since March 2008. The claim was first filed in 2004 with additional elements in 2005. I had the DRO hearing 6 months ago. How long after DRO hearing do people usually get their answer? How do I check this "evidence list" please? "If a vet rep told me what the rep from TVC told you-I would be on them at this point to let me know exactly what I would be "happy" with and what the exact status of the decision and the cash was." I had debated that and he had hemmed and hawed at doing it. His take was it wasn't ok to say since it was 'officially written up. I'm thinking now I want to know what they're taking away (as I have no doubt they are! I think that brings it up to date...

I couldn't find it on that link. But I understand. I'm feeling like I might have to go there. Grant or deny, I need something to happen so I can go forward. Can't do a thing while they just sit on it.

Timely since I'm about to sign up for SSD. :D

You may be right there Berta. for right now, I have a plan. Tell me what you think... I have submitted a request for a personal hearing. Next week, push for that. I have no idea how long that may take to get but not all that long, relatively speaking I understand. Depending on that, give notice of intent to file a Writ of Mandamus. That doesn't work, file the writ of mandamus. My goal here is to get them to, as Dad used to say, (family version) "poop or get off the pot." What I want is a decision. Any decision. At this point I really don't even care if they deny everything across the board again. Because at this point I'm going straight to an attorney if they don't grant.

Ok, a little help here please. I am not ezactly sure of my appleal's status, where it is, or what it is. You know, BVA, CVA all those things. Ok, I know it's not at a 'court.' Some background... I was denied in Jan/08. I filed an NOD and they denied again with an SSoC in March/08. So I filed again with new evidence. Then my file went to a rater, sat there for the legal limit and got passed to another rater,... I think they did this 3 times. I received a DRO hearing in March/09, and now I am waiting again. No decision since 3/08. Or rather there was one with a "substantial award" and I was going to be "very, very happy" with it. But it had to be reviewed by a supervisor for "substantial awards" and he/she/it sent it back for "more development." So now I'm waiting again... :D thanks

Ok. I have the picture. But, I don't know if this is something I can use. I received my copy of the C-file only recently (say, 30 days) and I do not recall (I will double check) seeing that anything was actually missing or altered within my C-file. I know they had my IMO because I hand delivered it the day of the DRO hearing and the DRO made reference to it. (he said he was accepting it over a prior C&P exam that was trash.) I'll go crank out another IRIS soon as I post this. On the phone today my TVC rep said he called the "coach" or "Supervisor" (he used both terms) and pointed out I was on a financial Hardship status and got That person to agree to get on deciding who to give it to. So I'm supposed to check back Wednesday. Where I am having records falsified is at the VAMC C&P dept.

Been about 2 weeks on the IRIS, that just said it was with a rating specialist or some such. DRO hearing was last March. I know they don't 'push' but I have to try especially since they extended a few points I can try to take hold of.

Thanks Berta. My ignorance needs some explaining on a couple of points. One problem, big time, here is that every body is assuming I have any idea what they've looked at. As I noted, the S(s)oC of early 08 is the last indication of what they looked at/decided. Since then my file has been getting passed from rater to rater then the DRO hearing and exams and wait and wait and wai..... Until here recently when I'm told they made a rating. But then I'm told it's going back for more consideration... Still, I have no idea what they've looked at or not looked at... Right now I just want them to rate it, deny it, poop or get off the pot as Dad used to say. But until they do one or the other, (as far as I know) I'm stuck, can't do anything. And I'm sick of it. They have, long since had, everything they need to decide, they're just jerking me around. :D Another question. What, exactly please, is a "fast letter"? Secondly, how do I use it? Again, as I see it, correct me if I'm wrong, the object now is to push them into a decision since they've already done once. Right?

Call this a 'BUMP!' New data since I answered Berta below. Compare these answers with the ones earlier below and tell me, is it time for one of these actions yet?? 1. I have submitted a request for a "personal (not DRO) hearing" Should I push that hard? 2. Go for that writ of mandamus.

When the folks at VARO had the phone centers, they were in place to help. Many won't or didn't know how if they would. But at WACO I had the numbers for about 4 different phone folks. They would root through different levels of 'screens' which the majority of personel would not or could not. I have had some of them go check my file to make sure evidence sent in actually got into the file. And once I got first word of a rating before the letter got to me. That was service! Now? I generally know more than they do about what's going on with my file. (and well I should!)

Howdy masters and welcome to hadit. :) It is customary to post some of your veteran data in your profile so it will show on the left there. 'Course, its not required if you'd as soon not. But we're all in this together and it can help folks focus the help you need. First thing. Nobody cares more about your claim than you and that means DAV too. (and I'm a life member DAV) There are some good VSO reps out there. But there's a lot of indifferent ones and some down right stinkers. More than a few of us have been 'counseled' to accept a lesser rating and go home. Don't ever do it. Don't get in a hurry, it'll just upset you. DON'T do anything to try and hurry up the process. It'll just slow it down. I went through that in my second year. (I've been going at this since 2004) Happily, I don't have as severe issues as you, but I still haven't worked since 2004. Had to file bankruptcy and all that. At least so far, I have managed to keep my home. VA does-not-care. I had expected the process to be tough but at least honest. Don't you believe it. I have a couple of C&P (compensation and pension) exams that they have blatantly lied and falsified records on. Look up some of my recent postings for the sad tale. The others here have heard it enough. Nobody was shocked by the way. Well, except me. Concerning the 0% tinnitus, that surprises me. I have 10% tinnitus and 0% bilat hearing loss but they say I hear at the same level as a hearing aid any way and wont issue me any. they told me that when I first was rated long ago and since then my hearing is worse and hearing aids are better but the tale's the same... Finally, it looks as if you are well armed for the fight. Having your evidence lined up like ducks in a row is a good thing. But too many times, we've seen a statement by a doctor with long standing experience tossed aside for some NP examiner's trumped up tale. One more thing about those IMO/E's. Check the wording and arrangement. VA will reject an excellent IMO/E just because it isn't arranged or worded correctly. There's another site you might familiarize yourself with- VAwatchdog.org. Look for Jim Strickland's tutorials on filing things for VA. The more you know about the processes of VA, the better off you are. That way you have a measuring rod to check your DAV against and catch potential harm before it happens. One thing I would suggest. File your different issues separately as stand alone claims. A large file of multi issues (like mine) will too often be shoved aside for smaller files that can be quickly handled and their production quotas maintained. I recently had my file go through 3 different raters, sitting on each one's station for nearly 90 days before being passed to another to wait another 90 days before being passed... I had a DRO hearing in March, they transferred my DRO, and here it is Oct and I still do not have a rating. I was told I had one and it was a good one, but before it was made official, they sent it back for "more development"... welcome to the world of VA. Just don't let them grind you down because they'll spit you out. Delay, deny, stall 'em till they die. :D

Topics sometimes take their own course and I suspect my original topic has long since been thoroughly addressed. No hard feelings on this one. Too, I'm not afraid to ask folks to rein it in if I am looking for more info on a post. Again, not necessary here. but thanks for the consideration. If someone else gets help with their case on this topic, I wish them joy of it.

Just for the record, this claim goes back to 2005, some of it 2004.

Yes, please. I would like to have a copy of that. No good right now since they've already done. But maybe I can coax them to quit fooling around. I would appreciate it, thank you.

Best of luck to him and you done good. But... what matter facts and figures. I am not nearly as proficient as you but I had my evidence ready. The DRO allowed he accepted them and had said, only off the record though, that he was granting my secondaries based on the Imo & evidence. But then, he got transferred. I got a C&P exam that falsified the records in detail and in depth to the point of saying a statement by my doctor was actually made by a "physician's assistant student" (have to call the janitor to go any lower) and that the statement was "erroneously perpetuated throughout the record."... That I didn't have the braces I was wearing... That the uneven wear on my shoes (of which there are photos in the record) did not have any uneven wear... That my "antalgic gait" was a "steady gait" (identified elsewhere in my records as Trendelenburg lurch)... That I didn't have a condition and that the record didn't say I had a condition the record says I have... That my condition is stable with treatment by nasids and there's no side effect adversely affecting my life, but not mention of the other handful of meds prescribed by VA that most definitely affect my life adversely... Then one rates you but another decides its too much (I bet is what it was) so they send it back for "more work..." Facts,... evidence,... their own rules and regulations,... mean - nothing - to them. How can they have any influence on such??? Good luck to you and your friend. What he's been through, sounds like he needs it. Really, I do wish him well. But I can't help my own bitterness as once again, my eyes too are opened.

I'm in my mid-fifties and with a bad back coupled with feet problems and what my records refer to as "severe debilitating arthritis" (though the C&P said mild), and heavily. I barely made it though high school and have no higher education. My medication causes me to doze off frequently. My skills are in construction, truck driving and industrial manufacturing. I am not too likely to reenter the work force any time soon.

Hold it, hold it, hold it... Change 47! I just talked to my rep in Waco, and it's all up in the air again. My file was sent to a "supervisor" who has to review cases with "substantial awards." The report is that said supervisor "didn't like the rating assigned" and got with another person in TVC, not my rep who was bypassed altogether, and now my file's been sent back upstairs for more work, whatever that may mean. No good I'm sure. My rep doesn't even know exactly where it is, who has it. And remember, the DRO who heard my case is long gone so again, I'm being judged by people who have never seen or talked to me. I reminded Robert that I had in a request for a personal hearing and he suggested holding off for a couple days while he tracks down the file and tries to find out what's going on. So it's back to the same old screw 'em hard' again for me. B) Thanks for all the input, anyway.

Hi all. I carry TVC, Texas Veterans Commission as my Veteran Service Organization. Jim Strickland calls them one of the better ones. I called them to check the status of my appeal which they told had received a grant with which I should be, not just "pleased, but "very pleased." So much so with what was granted, that I should want or be willing to drop certain parts of mt claim. From my perspective, the only thing that will do that for me is an increase to minimum of 70% and IU but I didn't say that to the guy. Anyway, its been the old waiting game again. Being onn pins & needles, tenter hooks, take your pick, I called TVC today to check on the progress. (the 800 # doesn't even know a grant has been made) The fellow looks and says hold up. They, TVC, have my file. It was sent to them but he couldn't say why. My regular contact there (who was in hearing earlier) was going to lunch by then but said he wouldcall me afterwards... OHH--Kay! It was much later but he actually did call back. They wanted a counselor to talk to me about accepting what they have approved while dropping the rest. If theyhave granted the IU, with at least 70% s/c, I will be fine with that. B~U~T~! I DO NOT want to lock myself out of anything I may need to pursue later. What I would like to know is what specific action, what wording, will leave me the option of reopening a condition, either named in my present claims or as something new, later on. Help me CMA here, pul-l-eeze!??

Actually, you can keep working. But there are limitations on earnings and other details too, I think.. From there, we'll need one of the more experienced members to tell.

I do the same. Basically, I create an index. In an NOD I submitted my documents in a binder. I typed a paper that quoted the statement in the SOC, then followed a list of documents and where they could be found in the binder. Everthing in one neat little package. Don't know if it helped...

AMEN TO THAT, BROTHER!!! My exam report blatantly falsified what was in my records, such that I did not have uneven wear on my shoes, which I did, and that I did not have special shoe inserts, which were authorized by VA and I was wearing the day of the exam, and that conditions that were cited in my radiographs were NOT reported in those studies AND that a supporting statement in my medical records made by my PC doctor was actually made by a "physician's assistant student and erroneously perpetuated throughout the record." B) The whole thing went like that. That's the reason you have copies of your records. What I do concerning getting the C&P exam reports are that giving a few weeks for them to complete it, I call the C&P department and ask if they have released the report to VARO yet. I will already have the appropriate form on file with the lady at the VAMC release of information office (with whom I'm on a first name basis). As soon as I hear the report has been released, I call the ROI office and have them send me the report. Concerning my medical records, if t isn't too late in the day, I will pick them up any day I have care at VAMC. If it's late, I'll mail a form (of which I keep copies) to get those records. Keep on top of your records!

I amassed a number of studies myself. Unfortunately, many worthwhile ones are locked away in journals for whom you need expensive subscriptions. Fortunately, I had a friend in university who had a professor with a medical background. I looked up the articles and they checked them for worth and sent me the ones that may have been of use. One source I found that might be helpful are industrial safety, OSHA and the like, organizations. They have a lot of studies concerning the long term effects of work related injuries and that's what basically, most of us have. When I got an IMO, I provided all that I had accumulated to the doctor for his review. He cited a number of them (along with a few of his own) in his IMO as rational for my conditions today. I had also submitted a number of them as evidence myself. I feel one good reference is the Mayo clinic. They have a number of simple and clear pages on injuries and illnesses and spell out in short, lay detail the cause, symptoms, effects and so forth. I don't know if they help or not but you don't have to have a medical degree to read them and I would think the Mayo would have respected name recognition. I can't say if they have helped me or not. My C&P ended with the statement that each claimed secondary condition was not medically feasible." Well, I have a decision and was told I would "be very happy" with it. So something, most likely the IMO, countered the C&P from hell. The thing I was told concerning the studies, was that, though they demonstrated such a condition was medically feasible, it did not demonstrate that MY condition was the result of my service injuries. That is where the doctor comes in.

I keep a calendar on the wall by our computer area here and mark the appointment on it with a Sharpie. Kinda hard to miss. But, and I guess this is a local VAMC thing, I get a letter from the VAMC about a week to 10 days before the appointment and then an automated call a few days before it. So there's really no excuse to miss one due to sheer forgetfulness. Concerning canceling, one problem I have run into concerns some of the clinics. The worst was the foot clinic. I missed an appointment there due to a change in schedule of family coming from out of state. For some days before the appointment I tried to call but all I ever got was an answering machine. Then I was only able to leave a message once and that was never acknowledged or my call returned. Every other time I called the system was full and I couldn't even leave a message. I haven't had an appointment from there since and I'm having to have my doctor start me up again.

My doctor called me after an MRI to ask if I wanted back surgery. He recorded the call and general gist of the conversation.

Don't you just bet on it! I had a shell frag removed from my leg after a short round at Graf and there's no record of it that I have ever seen or heard of. It sure isn't in my files. (I grant that's not a combat injury but the above comment refers to records, not the PH) It's the same thing for my treatment at clinic while at Ft. Knox. i got a knock on the head there and they had me go to the dispensary. Got no record of that either. If this fellow was an adviser and got wounded, he likely as not would have received his initial treatment at a foreign facility, probably civilian. Also, since he would have been injured in a "non-combat' advisory" role, he would not have been authorized a PH anyway. At least, that's as far as I know of. Could well be wrong.