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Jayg
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Posts posted by Jayg
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thank you guys for the quick replies. yes, i do work but im not sure for how much longer. im a security guard at a huge car plant and between the hours of 4 AM and 6 AM i have to "wave in" about 600 cars. at the end of my shift my right arm is useless. back in 2003 xrays revealed mild spondyloarthritic changes at c4-c5. i agree that i need an IMO and an MRI of my whole spine. there lies the problem though, im very claustrophobic and the thought of an MRI makes me cringe, but im going to "man up" and have one done.
I don't know that I'm "very Claustrophobic" but I am somewhat. I had to get an MRI of my lower back and requested some meds. It was granted but I found my appointment was right close to closing time. They suggested letting them put a towel over my face. It worked, with doing some serious mind games, counting backwards and the like.
Next time, I'm taking the meds!
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Eggzackly what, please, is a "code sheet"? B)
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This is an emotional place. Lot's of folks get testy time to time. I can't share your pain. I can only sympathize as my boys are still school ages. I can and do still fear for the world they must mature into.
I agree that idle hands and mind are no good. If you can't get to a fishing stream, get a piece of wood and make something with it. I find that putting an old fashioned oil finish onto a piece of wood is very calming. Looks a darn sight better than any poly finish too! If that doesn't do it, get a pocket knife, a chunk of 2x4 (FSP not yellow pine) and make a toothpick.
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Thanks for the good wishes.Another example to not throw up hands in despair cause you take exception to some part of C&P exam.Good Luck I agree with John and Sharon.
With all due respect, it isn't just a "part" of it. It isn't even most of it. It's the whole- bloody- stinking- thing... from 1st page to the last "it isn't medically feasible..." The only thing they gave on was to even admit I did have some health problems. They have even denied that previously.
It's (the exam report) waayyy too long to just post here but I will gladly make the rag available to anybody who wants to see it.
Annddd, after 4 or 5 years (not as long as some, I grant you) I should think I have some right to "despair."
Somebody should go to prison for this thing. Don't to worry. I'm not nearly naive enough to think anybody will so much as get their wrist slapped. Probably got a bonus for creative report writing!
Please excuse me for the overflow of bitterness, but as the old saying goes, "my cup runneth over..."
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Whoa. Talk about taking money from us even we paid into SSDI is a travesty and the courts will busy.
J
They had no problem dealing with "concurrent receipt" and a person's retirement for so many years service and disability compensation are no ways related.
They'll have no problem with this. Just like they have no problem voting themselves raises. Well, somebody has to pay for those... why not us?
The real irony here for me? I put off applying for SSDI for years now because I was told if I got that first, they would deduct that amount from my compensation. So now they actually are?!
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For those following my particular saga of Lying, record falsifying C&P exams and reports, There may be a change in forecast. as reported on another topic, I got an IRIS response that said a decision was made on 22 Sept. and allowing for adminstrative work, I should be getting official word soon.
My VSO with the Texas Veterans Commission has been in Dallas for training followed by some doctors appointments after so today was the first day I could get ahold of him. The idiots in St Louis or wherever the 1-800 call center is these days didn't even see that I had gotten a decision until I told him. So having gotten ahold of R. (my VSO) he checked the computer and said he'd go up and see what he could find out. He called me back with a wondrously vague and wholly unexpected report.
He said.....
"(near as I recall the conversation) "You should be very pleased at your rating, very happy indeed." They didn't grant 100% because he went on to say,... "When you get your award letter, you may want to right me with instructions to drop the appeal. I think you'll be that happy with it that you will want to."
I can't imagine what he might think would have me willing to drop my appeal, unless it is mere wishful thinking on his part, - but I can think of one thing that would get me to drop it now... Since I have a multiple item claim including TDIU (for which I was short on percentage points being so far only rated at 40%), if they grant that, then I would be willing to let it slide, (assuming that would allow me to pick it back up at a later date should it become needful.)
Would a grant of TDIU allow my wife to be able to use VA health care? Has to be "permanent & total", doesn't it? Well, I ain't likely to get any better unless they think that back surgery they offered would cure me.
I had said he was vague. That was all he would tell me. Nothing specific. He did allow the paper work was delayed because they forgot to figure my dependents in the rating so had to send it back for correction. Otherwise, he said give it 10 days to two weeks.
Anyhow, there you have it. I will not hope since that has long ago become a luxury I can't afford and prayer effectively useless if not outright negatively resultant. So it's just going to be a long two weeks.
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I filed an NOD in January of '09, and it was processed in February of '09, at the Regional office in Waco. My wife received a phone call in Aug. '09 stating they would review my case during that month. In Sept. I received a phone call from the VA asking martial questions. To date (Sept 26) I have yet to receive anything else.
I'm going through Waco too. Had a dro hearing in Mrch. I just finished with tests a couple weeks ago. I just found out last week a decision has been made. Waiting to find out what that is (but expect I know the answer.).
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If the rater or DRO who decides your claim denies your claim despite a well-supported medical opinion by a comptetent doctor, that rating decision is going to HAVE to address that medical opinion and WHY the decision maker is going with the VA C&P exam and medical opinion instead. Usually when we do that, we use "this doctor is not a specialist in the field" or "the doctor did not have access to the veterans full claim file and service treatment records." But in this case, you don't have that problem.
If I had a ten-volume claim file sitting on my desk, and I need to make my production for the day, I'm not going to spend precious time coming up with a way to defeat a medical opinion by the independent doctor. If anything, I'm *glad* that this other doctor has given me the evidence (helpfully dated!) and medical opinion for a grant! I'm not allowed to make a medical decision, but I am allowed to resolve reasonable doubt in favor of the veteran if I get conflicting medical opinions.
Hang in there, this may yet be a grant. If you don't win at the RO level, you may win at BVA.
I should hope this doc would qualify?!! (some specifics removed for privacy sake)
1982-1986: Rutgers College, The State University of New Jersey, New Brunswick, New Jersey. Graduated with honors. Bachelors degree in physiology and physics.
1986-1990: XXXXX Medical School, XXXXX New Jersey. Doctor of Medicine.
1984-1990: Emergency Medical Technician and Paramedic working for various ambulance squads, both for pay and volunteer.
1990-1994: Medical Resident, Yale University School of Medicine, Norwalk Hospital, and Norwalk, Connecticut.
1993-1994: Assistant Clinical Professor of Medicine, Yale University School of Medicine, Norwalk Hospital, Norwalk, Connecticut.
1994: Emergency Department Staff Physician, Yale University Hospital, New Haven, Connecticut.
1994-2000: Attending Physician, Palo Alto Medical Clinic, with privileges at Stanford Hospital, Palo Alto, California, and Washington Hospital, Fremont, California.
1995-1995: Medical Director, XXXXX Nursing Home, Fremont, California.
2000-Present: Attending Physician, Sierra Internal Medicine, XXXXX California, with privileges at XXXXX Regional Medical Center and XXXXX General Hospital.
2001-2006: Assisting in various types of surgeries with different surgeons at XXXXX General Hospital and XXXXX Regional Medical Center.
2003-2006: Medical Expert Witness, The Law Offices of XXXXX, San Francisco, California.
2004-Present: Medical examiner for the Federal Aviation Administration.
2004-Present: Legal Medical Consultant.
2008-Present: Medical Director, XXXXX Medical Center Wound and Hyperbaric Oxygen Center.
2006-Present: Doctor of Internal Medicine, Independent Practice, XXXXX with Staff Privileges at XXXXX Medical Center.
Awards and Licenses:
Board Certified in Internal Medicine by the American Board of Internal Medicine.
Licensed to practice medicine in the State of California with no restrictions.
Licensed by the Drug Enforcement Agency to prescribe controlled substances.
Member of the American Medical Association.
Member of the American College of Physicians.
Certified in Wound Management and Hyperbaric Oxygen Therapy.
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I just, a couple of hours ago, completed the TVC Fall Training Seminar (took all week).
My Regional Commander for the JWV is, at this very moment, at the VAMC in Dallas, getting my office situation straightened out and keys taken care of, etc.
I am meeting with him this Sunday morning (our normal meeting time for our post is the last Sunday morning of the month) and I will know more and have more info to offer you once that meeting is over. I did talk with him today and he has sent in all the documentation for my accreditation and was told that that was no problem and I could go ahead with "the program".
So, having said all that, let me "get settled in" and you will be my first "client".
LarryJ
Too bad you won't be handling folks from waco VARO. I could be your second customer!
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Better yet call your district Congressman's office to see if they generated this inquiry- try your 2 Senators too- A Senate inquiry as well as letters to the President about a claim are all sent to VA and are designated as "Congressional Inquiries"-as in my personal experience with doing all of above.
Not necessarily a letter to the president. I was so frustrated my second year (only the second! what a child I was! :) ) that I blasted off letters to everyone includijng the president. Now I did know he wouldn't read it, even see it or anything like that but I hadda do it. I got a nice little letter from the "Office of the President" back too. But it did not move my file to congressional. Of course, it had only recently come oughta there.
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"PS Rental is over my head/and this ain't my thread..."
I'm sorry. I don't want to be ugly or anything here but, right now I really need for the focus to stay on this, "my" thread please. My case is hitting critical mass and coming to a head, finally. I realize threads sometimes take their own life and follow different courses than those started on. But events directly influencing me as detailed in this thread are happening right now. The changes are not different enough to warrant posting a new topic with this stuff reprinted.
As noted elsewhere, since I initially posted this a request for a "personal hearing" (not DRO hearing) has been made by me (on Jim Strickland's advice) and IRIS said another DRO (since the one that did my hearing got transferred) has made a decision since receipt of this miserable, lying, misleading C&P report. See my next comments lower down this reply...
"pfffttt.....if they're gonna deny a vet's claim anyway at least they could get the satisfaction of knocking the taste out of a rater's mouth"Ahem. :) And I wouldn't say we "monitor" the board. Individuals on our own time who have inside knowledge of how things work do come here to try and help from time to time. I can't contribute much, because this really is an excellent resource. The old hands usually respond with the right answer (or close enough to right for government work as they say), so I don't have much to add. Of course, sometimes I don't know the answer either, and don't want to risk confusing anyone.
I understand the frustration. Getting a bad exam back sucks, both for the vet and for the rater. I've gotten back exams that I was sure were going to lead to grants, but the doctor refused to give a positive nexus opinion. If the exam is adequate, there's not much I can do. The veteran on the other hand can tell us what's wrong with the exam "He just talked to me, I never even took my shirt off, he never actually examined me!" and they can get another exam, and/or they can get an independent medical opinion. I treat IMOs on a level playing field with the VA doctors. If the private doctor reviews the same records, and backs up his rationale for why HE think the condition is secondary to a SC condition (ESPECIALLY if he's a specialist), I call it a tie and resolve reasonable doubt in favor of the vet.
There have been a lot of references to an "IMO". I brought an IMO to the table for the DRO hearing back in March. I provided the doctor with my entire C-file, military medical records, private medical records, X-ray films, various suportive medical studies and OSHA and other occupational health cautionary reports I have culled and personal statements.
In his IMO, he cited some from all these references giving dates and quotes from the cited events sufficient to demonstrate he had actually read them. His recitations were much more accurate than the C&P team's. He also cited studies he found on his own research.
These studies clearly demonstrate that it absolutely IS "medically feasible" that my present health conditions can be, in the physician's words,"as likely as not" and "more likely than not" in some instances (mine is a multiple issue claim) to my service connected conditions.
There's another thing this unseen DRO should have considered concerning this final c&p report. This whole mess started some months ago with a basic C&P exam. That examiner requested additional exams and statements from concerned VAMC personel but in the meantime issued an initial report. It too was a lying sack of canid feces. I sent in a "rebuttal" that contradicted nearly every negative statement with evidence directly from my VAMC or VA C-file records- 30 pages of records. That rebuttal should have left not "reasonable doubt" no doubt but fully no doubt that that report was inept, inefficient, that records they said reviewed clearly weren't reviewed very carefully and that many statements were literally just plain false. (by example, "no Hallus Valgus is noted on radiology report." BUT radiology report does say, "mild Hallus Valgus." One more example, statement was made that I had no "special shoes or shoe inserts." BUT, I submitted the pages from my records where special shoe inserts were ordered and photos of the worn inserts I was wearing the day of the exam. No wonder the NP said she didn't need to see them when I offered to pull them out of my boots for her.
This is how practically the whole report was.So. IF, this unseen DRO bothered to read the evidence in my admittedly voluminous file, they should grant my claim. But, why do I think that isn't going to happen. :)
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I can sympathize with rental guy and appreciate his humor but I will not be going postal (gotta hold back the wife though! B) )
My IMO (which is in my claim already) the doctor had copies of my military records, VA health records, and any other claim related records along with my entire claim folder. He cited numerous items from my records to show he had reviewed them thoroughly (a lot moreso than these C&P yoyo's!)
He cited a number of studies supporting the feasibility of the secondary conditions I've claimed to my service connected conditions.
His 10+ years medical experience includes trauma center and giving exams for FAA licensing as well as other pertinent medical work. He has also provided expert testimony for civil trials.
This was all entered before the records of this exam were released.
UPDATE:
All moot for the moment. IRIS response says another DRO rendered a decision on 9/22. No info as to what decision is but I have no doubt's it was straight denial. Just have to wait on the paper work now. I'll try the 800#.
Personal hearing has been requested. Stay tuned for the next episode, Same forum, same whatever.
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Jayq,
I honestly don't know if it will help but you might take a look at my website. It offers suggestions for organizing and assembling a va claim/appeal.
I can tell you have been in the system for awhile and probably have already done this, but wanted to maybe help if you need to continue to do most of the work yourself.
It sounds similar to a C&P my hubby had for his diabetes and side issues.
When I got done, I had listed everything that was dismissed as nonexistent in the exam's findings via already provided medical docs. Short story, hubby got rated correctly finally.
Anyway, maybe something in the site could aid you.
fanaticbooks
Great site and thanks, and I will review it in detail later. But I fear that's the land we (my wife and I) have already traveled too. Concerning "on-line" research, sites like the one you suggest would be (have been) dismissed completely out of hand as "internet print outs" When that happened, I went for medical studies. I have a friend at University with a professor with a medical background that pulled a number of studies you and I can't even gain access to w/out paying a lot of money in registration fees.
I also pulled studies from OSHA and other work hazard sites. Mayo Clinic has a great site for things like that.
These, VARO dismissed out of hand as having nothing to do with MY claim. So VAMC says it is not medically feasible that my conditions are secondary to my S/C conditions. Then when the Doctor that cited a number of such studies in his IMO (some of which I provided him) they still said they were meaningless because they did not pertain to me.
I used VA pharmaceutical print outs of the medicines I take but the C&P simply says "no side effects)
Now where do I go. (attorneys)
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Well, for those who have been following my C&P woes, I finally have got the, well, final C&P report. Not surprisingly it follows the same trail of falsification, misdirection, misstatement, omission and plain incompetence! And... as a clincher, they say that my claim for secondary conditions is not even possible!
First the ridiculous if superfluous.
They say I am a ' GED' but in fact I'm a high skool grad
They say I had a tonsillectomy in 1985 but 1960 would be closer to the mark.
There's other silly stuff like that.
I'm not gonna try and regale y'all with the whole bloody thing, just some of the high-lights...
The concede I have health problems in some degree that they have not done before. My doctor actually called and asked if I wanted back surgery. But at nexus they balked.
In a nutshell, they say that my problems are all the result of my employment. Not entirely unfeasible. I was a factory worker, machinist, and those trades are physically demanding. I just hold that my health followed a path already laid. They say it's not possible. More on that in a moment.
One of my problems is pes planus. They reported I have no evidence of abnormal shoe wear. See image of boots below. Those are what I wore to the exam. (This photo and pics of 2 other pair boots so worn are on file with VA btw)
Jayg - Sorry, but it was brought to my attention that this photo
has your name and SSA number on it, so I have deleted your
photo of the boots.
See if you can cover or edit out that portion
and re-post it, if you would like.
It is good evidence that your shoes certainly show a difference in
the wear patterns of the soles.
carlie
They reported I have no special shoe inserts or shoes. False. I have special inserts (and wore them that day) authorized by VA and part of my records!
Thanks Carlie! I grabbed the wrong pic!
Here's the right one...
Also at issue are ankle conditions. "He does not use an ankle brace." I do and sure did that exam day!
A lot of simple misdirection. I was given a scooter because I can't stand or walk for long but here they say I was given it "due to back pain."
Knees: Some of this is plain ridiculous. Under "summary of joint conditions" for my knees (as one example) Giving way is yes but instability is no- weakness is no but my records indicate concern over the weakness of my knees and inability to raise me- flare ups of joint disease is 'no' but I have severe debilitating arthritis and the condition does not interfere with the motion of the joint?!?!?!
Treatment is listed as medications, NSAIDS and there are no side effects- they forgot to mention the baclofen, tramodol, mirapex, methadone and what the heck do they mean there are no side effects when I have complained (on record) about dizzyness, balance problems, short term memory loss, dozing off...
Repeatedly... "are there effects of the problem on the usual daily activities?---"no" No. No? No?!?
All that is much of a muchness but, now, it gets really ugly. I tried to brow beat my doctor into making some sort of nexus comment sometime back and all he would go was to write:
"flat foot which contribute to lower back and knee pain."
Not worth much as it goes, actually, essentially useless but they must have felt it had some potential because their report says "a physician assistant student noted that his flat feet may have contributed to his low back and knee pain." annddd... "additionally, he did not claim any foot pain related to pes planus until seen by a physician's assistant student who related the left ankle and pes planus to his other orthopedic complaints. That statement was erroneously perpetuated in the computer system."
Whooeee! Is that a load of Crap!
I remember whenm that was entered. My doctor mis prescribed a dose of medicine to double it's correct strength. It was when mentioning that to him I asked for the comment. I have a copy of it on file for the first time on record in:
PROGRESS NOTE
STANDARD TITLE: PRIMARY CARE TEAM NOTE
DATE OF NOTE: MAR 11, 2008@08:27 ENTRY DATE: MAR 11, 2008@08:27:44
AUTHOR: LAST NAME, FIRST NAME EXP COSIGNER:
URGENCY: STATUS: COMPLETED
Then follows the day's notes concerning my visit.
Then it is "signed"
"/es/ First name Last name MD
Physician, Primary Care Service
signed: 3/11/2008 08:52"
No physician's student assistant anywhere on record this day. At least, that's how it printed out on April 10, 2008. I think I'll request records for that visit again.
Anyway, enough is too much. Here you have the idea of the whole sorry mess. I have a feeling some feces is going to impact upon the rotary oscillator but I don't know if I can avoid becoming buried in the fallout!
In closing, their summary says in every case that it is " not medically feasable" that my claimed conditions are secondary to my SC condition. (only the ankle. They omitt and reference to the flat feet or combined effect.)
However, I do have an IMO on file at VARO that states it is "more likely than not" that it is a result of SC conditions.
There are also many studies that say otherwise too.
For what it's worth, I am not the only one having problems out of this office. A friend with a long, similar history was remanded to BVA. His VARO is to neither hear or receive anything involved with his case, he is to send all his records to DC. He allowed BVA is already moving quicker and have granted his condition @ 0% but they're sending him out of area for another C&P.
Is that standard procedure?
One* last* thing...
The summary says "a standard medical opinion was requested.
Providers restatement of requested medical opinion. This is not the medical opinion itself." <_<
Then lower down it says:
(NONSTANDARD EXAMINERS MEDICAL OPINION)
say whut???
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I have a similar problem only with peripheral neuropathy. The doctor positively identifies the degree of damage but as to causality? "idiopathic," ie, "unknown." If it's 'unknown' it must n ot be service connected... right? B)
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uhhh- silly question...
What, pray tell, is a "DD215"?
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Did i say i wouldn't do it again? If so i must have been lost for a sec. I'm a hard core Marine. 12 years of chronic severe pain does a job on you.
I apparently read that into your statement. My most heartfelt apologies.
As for severe pain, I ain't up to 12 years yet, but chronic pain is the root of my disability too.
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As a "soon-to-be" VSO (and, hopefully, a good one), I'd really like to sit down with the claimant and fill out the POA's, etc. And, then, request ALL their SMR's, DD214, private med recs, statement(s)-in-support-of (buddy statements), SSA records, etc. ALL of the "stuff" that I have learned the hard way that the VA is gonna wind up asking for in their SOC's and SSOC's. Highlighting the pertinent portions of all these records, with accompaning Post-It-Notes. And not sending in the B.S.
Besides making the records easier for the VA personnel to deal with (they have enough to do without having to go thru hundreds of pages to find the 3 pertinent pages), it will make it easier for me to tell if the claimant ACTUALLY has a claim, and then, and only then, can I council them as to their options.
And then, and ONLY then, packaging it up and sending it in to the VARO, meanwhile retaining a copy of everything sent in, with the same highlited portions.
I dunno, maybe I'm all wrong. But, some kind of sanity must be created out of the insanity of the system as it now stands.
BTW, I start my training this week. Pray for me that I can "endeavor to persevere" and actually be of help.
Good luck in your new endeavors! It'll be the lucky vets that draw you, I'm sure. B)
A note about hilighters... As noted previously, many will come out black on a copy. I have found the high, bright florescent yellow won't do that however.
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Sorry for posting this here but it seems the majority of people are in this area. I just needed to let this out after finding out about my TDIU this week.
Hadit Members, Americans, and Fat Cat Politicians,
I cried this week more than I have in the last 2 years. I cried everyday for the last two years. I received TDIU P&T from the Veterans Administration this week after being embarrassed and denied by the Social Security (SS) administration. I guess I shouldn't be so mad at SS they have only caused me stress for six months. The VA has stressed me out for 14 years. It is hard enough for a Marine to break down and cry because the pain is so bad, but the mental stress is what puts you a step away from suicide. Whatever the condition is does not matter when it takes your whole life away from you and you become some kind of angry, depressed monster walking around in your old body. As if this wasn't bad enough you have to face the fact you can't pick your kids up. They were 1,2 and now 3 and 4. I can't pick them up because the pain is so severe that it makes me want to puke. I can't go a day without having multiple panics attacks where I feel like I am going to die.
Thank you BVA for denying all my claims in March 2008. My family has gone through hell the last year and a half since you lost my evidence. Thank you RO for lying to my face at my hearing and then sticking it to me behind my back in your decision. I'm 37 and the last normal day I had was when I was 23. 24 years old and your life is gone. You turn to drugs, alcohol, anything to kill the pain, the guilt, the embarrassment, the anger. I loved hearing people tell me I didn't rate VA disability pay because I was working. Yes working and then coming home and taking my day out on my family or worse yet disappearing to the bedroom because you cant sit. This country has let me down. I can't believe I actually thought joining the Marines was patriotic and I was serving my country. Serving for what? So my family and I could be treated like this? So all these people writing on these forums could be treated like this?
Now I get TDIU and it's all okay. No its not okay. You broke me and you can never take that back. Yet all I see on the TV is talk about socialism and health care, etc. How about the Veterans? I promise you VA; I will make you do your job effectively by helping any Veteran that asks me help them. I will continue to protest and fight the government until my ashes are spread out over a peaceful lake that has no agenda, no politics, no greed, no BS.
You said it well, very well. Since 2004 I, and worse, my wife, have been reduced to beggars. You're absolutely right. They can never repay what they've taken.
It could almost- almost- be bearable if it was just work overload. But like you (and so many others)
I have been given the run around. Waited endlessly while my file was passed from one reter to another because, probably, it was a larger, multi-issue, file. Like you, I have been lied to, records ignored, omitted and selectively misquoted. C&P exam reports were so falsified as to be farcial. If you or I falsified government records like they do, we'd be in prison. But not them. Ohhh no. They get bonuses for a job well done. Bonuses while my wife begs the power company for just another week and don't turn the power off please. B)
Enough. No point my going on about it (again) too.
There is one difference. I do not regret my service. I would do a lot of things in it differently, yes. But I would go again.
At least your determination, your dedication, is very positive. Frankly, my wife and I have talked about the same thing. But we have to get ours first. We have to take care of our own, first.
Hang in there Marine!
(but I was a doggie :D )
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In my case, I had Hospital records from my first enlistment at Ft. Knox (1974-77) but unfortunately, much of my treatment was at the clinics, including a head injury, and I never got those records nor can they seem to be found now.
Then in my second hitch, I had to leave my records for a profile assignment. That was in 1980 and the records were lost. They remained that way until 2005 when, following many requests for records, they miraculously appeared in my mailbox one day. (which was good because they contained two items effecting my condition today).
So I'm about ready to run another request through again and hoe something more turns up.
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Thanks all! :D A formal hearing it is then!
B)The DRO may have a difference of opinion and has the authority to reverse the rating boards decision. You may also testify at the hearing but it isn't advisable.I thought being able to tell them what's going on was the main purpose of the hearing--- to 'hear' what you had to say?
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"Here's the kicker. The DRO who saw me, listened to my arguments and had some input from me? Yeah, well forget it. As of yesterday I find out that my file is back with the "appeals development team."
This might not necessarily be a bad thing- I only have hearsay to go by but the DRO had told me, off the record, that he was accepting my IMO and was granting my claims for secondary conditions...
You don't have a decision yet do you?--- No.
Writ of Mandamus-I disagree and don't feel this writ would have any impact at all in this situation.
Writs of Mandamus are probative when Every means of administrative actions have been pursued to no avail.
Since researching this, I have come to the same conclusion. Too, in another topic, Pete suggested the writ as he did me, but then backed up and said to go with a personal hearing. That, that was what he had done and won his case.
You received a VcaA letter after you filed the claim that spelled out exactly what evidence they need to have. Yes. My last SOC/SSOC was back in 2008.
Were you able to provide what they asked for? As far as I can tell, Yes. Evidence from medical records and an IMO. It's flawed in form but does state the doctor strongly believes my conditions are "More likely than not" service connected. He cited SMRs and has very good qualifications for rendering an opinion. his Curriculum vitae was provided too.
I don't know what point you are at-the results of a DRO hearing will either prompt a decision of award or a SOC (or SSOC) and this will give you the keys to what is lacking.
As noted, the DRO was granting my secondary condition claims (if truth be told). But I also have a claim for TDIU but @ 40% am short of the traditional threshold. He had ostensibly ordered a C&P on my foot conditions to establish degree of condition.
Do you have a vet rep with offices in or near the same RO building? Yes, Texas Vets Commission.
I assume you have copies of any C & P exams they did? Almost. The ordered exam was done, That was the horribly falsified one I recently ranted about here. But that examiner also ordered an MRI on my lower back (first time for that) and clarification of report on my neurological exam. As for origin of my peripheral neuropathy, he only noted "idiopathic."
The final C&P report was only released just last week. I have a scheduled primary care exam Tuesday and will get the remaining records then. I have all preceding records already.
I hope this sufficiently answers your questions? If not, just say so & I'll clarify what I can.
Thanks!
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Jay, writ of mandamus.
Check into it.
J
"A writ of mandamus is an order issued by a court to compel an agency to act on a decision that has been unreasonably withheld. It is used in the VA context when the VA simply does nothing on a claim after you have asked that it be decided. It cannot be used to compel a particular result -- say, service connection -- only that the VA go up or down on it."
Still looking. But just how does one go about filing this 'writ'?
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Ok. I am. In the mean time, care to drop a clue to help narrow my search? Is this writ the same thing as Jim's suggested "personal hearing" or something else altogether? Now I'm off on my search!Jay, writ of mandamus.Check into it.
J
For all others, in relation to that suggested "personal hearing" suggested by Jim Strickland, I started a new topic fearing this 'un had pretty much run it's course.
New topic just called "personal hearing?"
This is how practically the whole report was.
Vietnam Veteran?
in VA Disability Claims Research
Posted
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.