halos2

Substandard!! They are so untruthful it is pathetic! I had requested my complete C-File numerous times as they had all of my records they said " they were working on it but I had to make an appointment to see it and get the records I needed!" So I drive the 157 miles one way and they say "Sorry our copy machine is broken!"
WTF a 4 story building and they only have one copier!!!
Finally after much persuasing on my part they said I could "look at it and mark any pages I didn't have!" BUT only with a staff member watching me (like I might add or delete something, WHATEVER!)
BUT after about 1 hour they said "WE ARE NOT PAYING OUR STAFF TO WATCH YOU LOOK AT YOUR FILE!" I was unglued and asked to speak to the Director, and they said , they would copy everything and send me it all via mail, but he was unavailable...I left a note for director, and got records within like a week...wonder if this was everything though??

The voc rehab dept is a joke like 4 counselors as they kept leaving or going somewhere else...I am still waiting 4 years for the office equiptment they promised me.
Plus I have to stop at least 3 or 4 times going that distance, get out stretch, walk around my car...and the gas! WOW they are jokes there. Never can keep the womens vet coordinators. Like 6 in 8 years. Plus they take records by the boxes and suitcases, and computers home with them!! No wonder our SS#'s get out to the public. Terrible NON accountability!!

So many family and friends work there. Like a vet, works there, and he has his wife working there, and both their daughters, and his mother-in-law, and some non vet friends...No wonder these positions are never posted!! I am sure if by chance they were, it would be a formality only, and the friend or family member would get the job.
The few people that were decent no longer work there, as they had to transfer out to Tn or le let go. (They were helping vets, so the bonuses went down) so good bye to them.
Sorry I had to tell some of the TRUTH, FACTS regarding this place!

Funny thing is my VSO likes to take all the credit for "My Years Of Work!" First of all no matter who they are they need to tell the vet,Hey buddy you are on your own, look up all the information sites and get everything you need to do for your claim, as I represent thousands of vets, but I will gladly put your paperwork in for you!

I think at that point the vets would not be as frustrated wondering why the guy/girl doesn't keep in contact!
The most important thing we can do, as others have stated, is to educate the vet with this process of claims admissions, appeals, etc.
This way the vet will understand why he/she doesn't get a return call, notification or correspondence from them.
I have utalized a AL vso at my VAMC more than my vfw vso EVER!
He is always there to help. You might have to wait a few hrs to talk to him, but he does try to help you.
It probably doesn't matter which one you use, as long as you do it all! Research and development is in your hands.

Also one might get lucky and befriend a VA supervisor, out of the blue who could lead you in the right direction too! Mine was Bart. I do miss not hashing things over with you, and your feedback was the best I ever received. You are truly a man of integrity, and honor. Had it not been for him, I would still be deceased according to the VA.
So in all walks of life only you can do the best for you is the ultimate tidbit to pass along. Educate yourself, and it sure doesn't hurt to pass on that personal knowledge and experience to others too. It might save them some heartache. No religion and no politics here, as neither will benefit my claim. Some things are personal, and need to stay personal.

Sorry to read this vets dilema. Glad you had him file for a hearing...especially since they would sever in 30 days had it not be requested. Good move vaf. I am hoping someone else with experience in transplant claims can assist you in your endeavors to help this vet. Good luck.

"Never even saw one before and now vet friend will most likely have to file one. Need serious help.( Actually VSO just told vet they filled it out...needs to see it before anything goes cause do not know what to do..."

A 646 is filed prior to BVA transfer.
Claimants dont fill it out, their reps do.

Sometimes BVA will refer to a 646 , but that is unusual. and Someties the 646 is very strong and compelling to support the claim, and sometimes they are just meaningless rhetoric.

I had one 646 filled out once by my former POA.years ago.

The rep who filled it out had no familiarity with my claim at all. He just stated 'the claimant provided evidence in support of her claim.'


He didnt expand on that evidence at all, and to top it off, my SOC and SSOC revealed the VA never had considered ANY of my evidence ) to include 3 IMOs.)

The 646 sat on this rep's desk for months prior to the transfer. Of course the BVA awarded because they read the evidence that my RO had ignored.

Did the RO ignore ANY probative evidence they had when they denied?

If we knew more maybe we could help......

More evidence can be sent to the BVA, once he gets a Docket Number.

In 2011 my SMC CUE claim was set for BVA transfer,. I jumped for joy because I know the BVA can read.
None of my legal evidence was addressed by my RO,none of it from 2003/2004 (4 CUE claims) set for BVA after 7-8 years at my RO.

Then my Nehmer claim was adjudicated at a different RO handling Nehmer ,and they awarded the CUE claim.( 4 in one CUE award) in mere weeks.
They had read my legal evidence.

Claims can sometimes be staved off from a BVA transfer but that depends on sending lots of probative evidence prior to the transfer and then depending on someone literate enough at VA to read it.

Update: Varo Oakland denied early effective date service connection. Reasons and basis (hold on to hats ladies and gentlemen) they claim I "failed to prosecute claim" therefore claim was denied 4/1983. Now remember at the start of this topic I stated va never found my service treatment records, never sent notice of any kind, never ordered a c&p exam just nothing. But I failed to prosecute claim. You gotta laugh to keep from crying sometimes..So people what this amount's to is a "silent denial".....No decision notice of denial. ...PENDING CLAIM DOCTRINE. .."THE FACT THAT THERE IS AN ABSENCE OF NOTICE WHEN A CLAIM IS ABANDONED THUS PREVENTING AN ABANDONED CLAIM FROM RENDERING A PRIOR UNADJUDICATED CLAIM FINAL". I think the va just made my appeal a little bit easier. Well im prepared to get in line back to bva. Will totally skip dro process as varo adjudication at this point is useless an a waste of time. .. Gotta love it........lol

Ketchup
Have you won benefits? Did you appeal the effective date within a year? What reason(s) did you base your appeal on?

You should likely read this document. Its long, but if you want to represent yourself in the persuit of an EED, then you should read it:

It would specifically seem to apply to you, based on what you posted:
http://www.bva.va.gov/docs/VLR_VOL2/Copy5--JohnFussellandJonathanHager.pdf

SUCCESS!

Today I received an email from the Houston RO advising me that my claim was now complete. And as such I would be receiving $XXXX in retroactive pay and that my rating was adjusted up to XX%. Suffice to say I was an emotional wreck upon receiving this, but that was a two-fold reaction. First and foremost I was elated to know my case was finished. But I unfortunately had it stuck in my head that my rating was going to be back dated much further, thus garnering a much higher retroactive amount. And this is when my fingers kicked in before my brain had time to double check my math.

I quickly responded with an email (which cc'd Allison and a few other people) asking the Houston RO to check their math and to include bilateral computations in their formula. I was polite in my request but in my haste I included some erroneous data.

About ten minutes later I noticed my error in my response and sent a second email correcting that mistake. Again I was polite, but stuck in my head was this retroactive amount that I thought was correct.

I then started to look at my stack of documents and doing the math one last time...and I should have done this first. The VA math was correct! Argghhh...so here I had sent off two emails asking them to double check their work and they were correct all along.

So off goes my THIRD email in about two hours...telling them that they were correct in their math and I fully agreed with their findings. Suffice to say I feel like an ass. After all this time and now with Allison's support I was given an answer. But instead of simply accepting what they provided me (which was correct) I allowed my emotions to control the situation...damn PTSD and my impulse control! So now instead of looking like a grateful vet who was appreciative of what Allison did for me, I may have come across as an unappreciative ass. I apologized profusely in my last email, but still can't shake this feeling of appearing both stupid and ungrateful for her support.

In the end, my email to Allison worked. It took less than one month from initial contact to resolution. For me this ending is bittersweet though. While my rating is finally corrected after three years and I am receiving the correct amount of retroactive pay, I suddenly find myself feeling guilty for how I came across in two hastily sent emails. I wasn't rude at all...in fact my tone was rather professional. But I still feel as though I could have handled this ending to my three year wait much better.

So for those that are thinking of contact Allison...you need to do it! She really does care about us and will help you get the right answer.

CK, Mojo, Buck52

I sent Ms Hickeyan email sometimes back last year, She responded within 24 hours and my issues were resolved within 2 weeks, Excellent service from her and her staff.
However I sent them all the information that they needed to act, and was very detailed, so there was not any guessing on there part.

But it was excellent service

wade

On Dec 29 at 0949(L) I sent Mrs. Hickey a very short email asking about the status of my three year old claim. Please note I had emailed her twice before having tried/failed with numerous phone calls to the 1-800 number as well as several IRIS status requests.

On Dec 29 at 1401(L) I received a response from Mrs. Hickey stating she would look into my claim. Additionally she cc'd several additional VA folks whom she instructed to take a look at my claim and expedite the process.

Suffice to say I am pleasantly surprised in the response and her willingness to assist. I find it amazing that the Under Secretary for Benefits can find the time to send a 30 second email when none of her staff that are directly supporting us vets can do the same. In just over four hours, she gave me more than the canned "your claim is in the (BLANK) phase and on average it takes your Regional Office 630 days to complete." She has given me the slightest glimmer of hope in a system that is drowning in bureaucracy. I certainly don't want to jinx myself or get my hopes too high, but I do want to give credit where it is due...and Allison certainly deserves some credit for simply taking the time to reply to me.

As my claim moves along in the system I hope to keep everyone abreast of the results. Fingers crossed at this point.

Chris

About 22 years ago my husband asked his VA doc to sign a student loan waiver.He was already received SSDI for a NSC stroke.

Upon SSDI reconsideration they changed the award to solely for PTSD..., with an earlier SSDI effective date .VA posthumously awarded the SC for PTSD

But prior to that change the VA doc signed the waiver,stating he was P & T due to the stroke..

That waiver was strong evidence, along with other documents, twenty years later, in 2012 for VA to award 100% P & T for the 1151 stroke. They had stated it was 1151 in a 1998 DIC award letter but had never paid any money for it.

EVERY single document you get ,involving your claim or what could possibly have impact on a future claim, you need to save.

I have 2 file cabinets and about 5 large plastic totes filled basically with files about VAOLA.

All of my legal evidence (to include a copy of the HHS waiver) for my current CUE issue is over 20 years old and has been in VA's possession all that time but I am sure glad I saved it myself, copied it all and sent it all to them.

VA did grant 100% P & T under 1151 in the 2012 award but only paid 6 months retro.

CVAs (stroke) is rated at 100% for 6 months ,then they rate the residuals. My husband's residuals and the fact that he did not receive adequate VA care to prevent and to treat the stroke (thus the 2012 1151 award for it) were still 100% catastrophically disabling residuals up to his death, by established medical as well as legal evidence.Luckily I even saved his last Voc Rehab letter stating that due to this stroke, Voc Rehab was no longer feasible.

I hate saving all this stuff but i needed all sorts of older evidence, as well as older VA decisions, for just about every claim I had.

"Next this afternoon another email was received from a National Veterans Service Officer which basically stated...A faxed statement in support of an appeal containing the necessary information can be accepted in lieu of a Form 9...can be accepted as your substantive appeal....YIPEE!! Appeal will be reinstated. I knew there were still some honest people who would help us all out there. Thanks to my fellows/gals hadit people and especially to Berta! Now comes more hard work but at least there is a good chance now!"

I was an "in lieu of" myself once,.. and This is Great News!!!!!!

This resulted from when I asked the VA to CUE itself within the appeal period for a bogus RO decision I had just received in 2005.

The "correspondence" BVA refers to in my case here is the CUE I faxed in to them, which
BVA says
"the claimant submitted or caused to be
created additional evidence requiring the issuance of a
supplemental statement of the case (SSOC) in December 2005;
therefore, the time for perfection of the appeal was
extended. 38 C.F.R. § 20.302(b)(2) (2008)."




"The claimant perfected her appeal with regard to service
connection for the cause of death by filing correspondence
accepted in lieu of a VA Form 9, Appeal to Board of Veterans'
Appeals, in January 2006. Although this was outside the one
year period from the February 2004 denial, and beyond the 60
day period from issuance of a statement of the case (SOC) in
September 2005, the claimant submitted or caused to be
created additional evidence requiring the issuance of a
supplemental statement of the case (SSOC) in December 2005;
therefore, the time for perfection of the appeal was
extended. 38 C.F.R. § 20.302(b)(2) (2008)."


"ORDER

Service connection for the cause of the Veteran's death is
granted.


Citation Nr: 0916095
Decision Date: 04/29/09 Archive Date: 05/07/09

DOCKET NO. 05-28 472A ) DATE"

I laugh at this these days reading it.

I should have " caused to be created" a literacy campaign at the Buffalo VARO
. The DRO even told my rep she could not read my IMO.

But she could read VA C & P exams.

This is a case whereby my vet reps (who I even had done some volunteer work for) were working against me.
I would never want to have a vet rep again.
I couldnt wait to email their lawyer that I won every claim they told me I didnt have a chance on.

The B--turds!

If, on the deadline date, the VA office is closed, the deadline becomes the next day the office is open again. The deadline cannot fall on a day when the office is closed, as it is automatically extended to the next business day. Just like the IRS and April 15th, tax day. If April 15th falls on a holiday or weekend, the deadline becomes Monday or the next business day.

pr

Just to let everyone know their is someone that REALLY cares about us in the VA system and there is hope for the future! I e-mailed Ms Hickey yesterday about my claim and the dilemma I was facing. Well low and behold today I get this-
"I will ask Al Bocchicchio to make sure we have your Medical Records and provide you an update on your claims. I also removed all but your last 4 of SSN for your protection from Ms Hickey.

Also recieved this "Sir, Good afternoon. My name is Al Bocchicchio and I am the Director of the Atlanta VA Regional Office. I’ve asked one of the experts on my staff to review your pending claim to determine what actions are needed. We will expedite action on your claim. We will reach out soon to discuss the results of our review. I apologize for any inconvenience the delays have caused you. Thank you. V/R, Al"

Wow is this beyond hope or what? I've recieved hope that this broken system might really be heading for a change in the right direction. I hope this also gives hope to all of you fighting for what we deserve!!

Eric

good Luck to you halos2

I sent an email to Secretary McDonald last month and to Under Secretary Hickey VA this morning...Under Secretary Hickey responded a few times this morning...Next this afternoon another email was received from a National Veterans Service Officer which basically stated...A faxed statement in support of an appeal containing the necessary information can be accepted in lieu of a Form 9...can be accepted as your substantive appeal....YIPEE!! Appeal will be reinstated. I knew there were still some honest people who would help us all out there. Thanks to my fellows/gals hadit people and especially to Berta! Now comes more hard work but at least there is a good chance now!

If you don't receive a timely response from Secretary McDonald, send an email to Undersecretary Hickey at: Allison.Hickey@va.gov

It seems she has been more responsive lately than Secretary McDonald.


Good luck.

LOST...VSO VFW says fax received on 01/02/15 and no one in office till 01/01/05/15 so claim is closed. Was to be in by 01/03/15 for 60 day span...Never received Form 9 as stated on 7 pages faxed...as well as stated wanted continuance as sent info regarding decision...VSO says they were closed on 2nd Jan 2015 so not timely and now they say VARO was open on the 2nd and vet should have faxed info to them. Vet did not have fax @# to VARO and has always used VSO VFW for all claim issues. Vet has emails stating in the past VSO has filed Form 9 a few years ago, as he states he has vets POA and he does that...so why didn't he do it this time? VSO types back works 6-7 days a week and had under 2900 vets he is working with...AND??? how does that work with me now...I am sure he has had many vets all this time too,,,anyhow Ebenefits site has claim is closed. What is vet to o? Does not have VARO ST LOUIS MO number...and who does he address this to? Fire VSO who is down the hall from the VA as he stated in an old email he personally walked down the hall 3 times to hand deliver a claim to the DRO in the past for this vet. They do not want to go back to official date of claim and gave vet 70% last year plus has sc10%. They will not go back to original date of claim as VSO wrote DATE OF LAST C&P WHICH SHOWS VET IS WORSEN AND THAT IS THE DATE TO USE...date of last C&P exam REALLY...it was like over 3 years for the exam as vet complied with appeals all along. Something is not right here at all!! Why did VSO write to vet he filed Form 9 a few years ago on a claim and yet did not do so this time? Vet used a lawyer on his SSDI claim and won and got retro and they used VA FILE info and exams for basis yet here we go VA and VSO are screwing this vet...Lawyer wants to check over info and help him on this claim too...So what should he do? Fire VSO and go with lawyer as he is fed up with VSO or what? He is almost 68 and has severe PTSD and am not sure he could proceed being civil...No reply's for Bob McDonald either sent over a month ago. Tick tock tick tock....

I dont know if my suggestion will help....but maybe it could....

if he is forced to re-open this same claim with New and Material evidence, and succeeds, he sure might well have a valid CUE potential on the other denied claim, if they keep saying he did not appeal in time.

The fax date does count. He should have a dated fax confirmation report, that the fax went thru. Also, any phone conversations don't count because "if it can't be read, it wasn't said." All correspondence should always be written and either date stamped received, by the VA or sent certified, return receipt requested. When send faxes be sure to keep the fax confirmation report, that the fax prints out, that the fax was received.

Also, never trust any VSO, to do anything, for you!!! jmo

pr

Berta - I think the 1/3/2015 deadline was for the form 9. The actual deadline was 01/02/2015, according to my calculations, because it's 60 days not two(2) months. And actually, they allow a day or two for mail delivery, so the date would probably be 01/04/2015. He should be okay. jmo

pr

OH !

Thanks!

Many years ago I posted a link here because a TDIU vet had sued his vet rep who had caused him to lose a proper EED on the TDIU.

The vet thought the vet rep had filed the 21-8940 only to find out he never did and the VA gave the vet the EED back to the form the vet had to file.

The vet recovered the difference via the lawsuit.

There are both great vet reps and lousy ones.

But the best rep any of us will ever have is who we see in our bathroom mirror every morning.

I just wish mine was younger. By the time we really have all the knowledge (not just think we know it all) we're too old! ;-) Every time I look in the mirror I see this old guy that resembles my father.

pr

Last August I talked to a legal firm who made me a lot of promises. I was at 90% and they informed me they would represent me and I'd be able to easily get 100%.

It sounded good so I went along. They filed increases for everyone of my claims. I took the C&Ps only a couple of months later. I thought this was a pretty aggressive move because it put me in a position where I could easily be reduced, but they were attorneys and I assumed they knew what they were doing.

I was denied on everything and was set up for a new reduction hearing for November 01, 2016. "No biggy", I thought to myself.

I then spent the next couple of weeks trying to contact my case manager at the firm but she was never in and I wasn't being called back. By this time I was a little worried. I finally got fed up and gave the receptionist a false name, saying I was interested in talking to an attorney. I got through. I demanded a reason for her office not calling me back. Her only response was "At this time we feel like your claim is not winnable so we cannot represent you", and hung up before I could even speak.

I was livid. I couldn't believe my ears. I felt betrayed and defeated, then I came here. I started reading thread after thread after tread. Talking, asking questions, basically picking the brains of the people who have fought these battles and won. My feelings of defeat transformed into something else. If I could describe it I suppose obsessive determination would be pretty close to it.

I filed 4 NODS written by myself from information found on this site. I won everyone of them without question. Now only two months later, I am 100% P&T.

Be your own advocate. Don't let people tell you that something is not winnable. Trust that their are good people in this world who can help you. Trust in hadit.com!

"Yes vet has copy of information faxed were through with date, time, etc!"

He needs to fax that info to his RO himself and I suggest filing a IRIS inquiry as well.

And tell them he never received a formal I-9 appeal form.

Hey, I complained to the new Secretary and I got a call from my local VA. I complained about the fee base dentist they sent me to who made a mess out of a simple crown and tooth cleaning. I am going to change dentists with VA help. Maybe emailing this guy actually works. Get it while it lasts.


John