Buckwheat

I would hope it would never need a private lawyer, just someone with a 3 digit IQ and a law degree. The rating would be either 60 or 70%, married with 2 children. I have no idea what that would amount to. It's not the main issue. Failing to finish the 1994 business is.

Imagine filing a claim in 3/94 for 3 items (Hepatitis, PCT, and tinnitus). Denied 11/94. Filed NOD 12/94 w/ New and Material evidence to rebut denial of all three. Received SOC in 1/95 acknowledging receipt of new info and promising review and a new decision: "We are reviewing the additional records you submitted with your appeal and will notify you of our decision when it is reached. We are scheduling another examination to see if your Tinnitus has worsened." I attended the Tinnitus exam a month later on 2/8/95. No reply for 13 years. Refiled same claim for same 3 items on 2/07. VA immediately (5/07) granted Tinnitus retroactive to 94. VA finally granted hep. after 16 months on 7/08 but only back to refiling of 2/07. I filed NOD on hep. asking for 3/94 date as soon as I got the grant. They said in DRO decision that I filed a NOD in 12/94 but do not mention any N&M evidence whatsoever, therefore no F1-9 within one year equals no appeal: "Mr. Buckwheat filed a Notice of Disagreement on December 7th, 1994 and a Statement of the Case was issued on January 9th, 1995. Since no appeal was received in one year, the appeal period expired on November 9th, 1995." VA granted PCT 10/08 but again only to 2/07. I filed a NOD on PCT decision for the 3/94 date when I received that grant, but this time they admitted they received N&M evidence filed with the 12/94 NOD. The DRO's SOC denial reads: "Our statement of the case issued January 9th, 1995 included a VA Form 1-9 Appeal to the Board of Veteran Appeals and a cover letter notifying you that you had 60 days in which to submit a substantive appeal. The narrative portion also noted that the evidence was received and that you would be further notified of a decision. This subsequent decision would have been a Supplemental Statement of the Case issued subsequent to your filing a timely VA for 1-9. We did not receive a Form 1-9, or other intent, to file a formal appeal with the decision denying SC for PCT. Our prior decision is considered final because a substantive appeal was not filed with the Regional Office of Jurisdiction." (emphasis mine) My question, I believe, is elementary. A claim is not sent to appeal until finally adjudicated at the RO. A SSOC is basically a continuing denial of a claim after an SOC . So VA, if I read this correctly, is saying the new denial (a SSOC) could not be mailed to me unless or until I filed the F-9. This implies that they had made the decision to deny me before I even completed the appeals process. Doesn't this fly in the face of 3.156(b)? Once new and material evidence is received, the decision making process goes back to square one and a new decision ensues. If, and I emphasize "if", another denial is issued, it would arrive in the form of a SSOC. I understand that. At that point, and not before, a F-9 would be in order to complete the requirements of a substantive appeal if I read the regulations right. It seems it would be out of order to file for a substantive appeal prior to a new decision after new evidence has been submitted and one is waiting on the new decision. What would happen if they granted my claim after reviewing the N&M evidence? Would I still have to file a F-9 to be informed of my grant? The way they describe the process, it is implied that the F-9 would have to be filed to obtain any info.-positive or negative. So, the big question: Is it necessary to file a F-9 in order to get a SSOC? Seems to me the DRO has the cart before the horse. I know they aren't eager to pay me back to 94 for this, yet they did it with the tinnitus claim without me even asking. I honestly didn't think I had won in 95 and that the denial probably got lost in the mail. I figured that if I had won, the VSO would have the decency to let me know. Could it be that the tinnitus was small potatoes ($15K+) compared to the eventual financial cost of the other two? My VSO is non-committal on this. He doesn't think VA will ever pay me but cannot (or will not) cite to any regulation that addresses a situation like it. He filed the appeal only after I pointed out the 1994 tinnitus grant. I don't think he knows the answer.

Thank you for your info Berta. I still am unsure from your post what the answer is as to whether it goes back to DC Central Office for some long and convoluted decision making process over the $ or simply sits on the DRO desk until June,2010. All my ratings decisions over the years(tinnitus,left ear and now hep) always said "Vietnam Era Veteran". The latest Oct. rating for PCT(2nd to hep, not AO) says"Veteran of the Vietnam War." I suspect they must now have more SMRs than just the TDY records I submitted in Feb. 07.They have never acknowledged receipt of the TDY orders(my proof of boots on ground for 3.309(e)) in the Evidence section of the latest ratings so I submitted it again with the NOD. I sent them my shot records(yellow book) showing imunizations @ U.S. Embassy in Vientienne, Laos on 17 Sep. 70 as well. Other than a TWX from PACAFHQ asking for French -speaking volunteers, I have no evidence of my assignment upcountry(Det. 1, 56 SOW). I did ask for financial hardship on 2 Sept. but that, too, was ignored. If NPRC doesn't have these milrecs, where are they, or better yet, where have they been for 38 years? I know everyone has to get in line @ VA. I started in 89 and am no stranger to the process.The only difference this time is that I decided to go it alone without a VSO. I submitted a complete NOD that covered 3.156(a) thru (4). I can back up that which I claim medically on the PCT= Hep since 1992. I have records from a civilian hospital(Operating Location Charlie-1980 Comm. Sq.(T-55)(AFCS) showing 6 weeks inpatient care for "hep"(no distinction as to A or B). Realistically, how long can the DRO sit on this w/o adjudication? Can they really make me wait until June 1, 2010 for an examination for P&T? It just doesn't make sense or else I am incredibly dense. What ever happened to VA's policy of "6 months"? It was 16 for the hep and 20 to wring the PCT out of them. 21 more months to Jun., 2010 seems absurd. Should I claim 20.900© for the hardship again? I know they are swamped with SWA claims but...

I used Amvets in 94 and they didn't do the 1-9 so it died(Hep, tinnitus and PCT). Refiled in Feb 07 for same. Got the tinnitus bone(10%) in june 07 back to 94. VA lost the hep and denied the PCT as I had no "current" PCT Dx. But this time I submitted old TDY orders showing duty in RVN/Laos. They finally gave me the 100% on the hep(June 08) and still ignored the PCT. I finally got their attention by asking permission to go to CAVC for Writ of Mandamus if they weren't gonna send me a SSOC. They "reopened" claim and set me up for QTC. I started getting really ill( like I wasn't already) and amended the PCT claim to add P&T. They gave me the PCT@10% and ignored the P&T. They said they have scheduled me already for a P&T-get this-June 1, 2010. I don't see anything on your Vet help info on 38CFR 3.156© (3) and (4). I asked them to go back to 94 for the effective date because of the new milrec. evidence (TDY orders). It's in the form of a DRO de novo request as of July 08. Now, all the issues are in DRO but utter silence. Does this have to go back to DC Central Office? We're talking $250-300 K here. I have the medrecs to support 40% for blood phlebotomies(DC7704) 2nd to 30% for DC7815(PCT) and the 10% for tinnitis. The Hep(Old DC7345) is gonna be lay testimony supported by SSI records of impacted wages and the effects of PCT-maybe 20-40%. Think their adding machine broke when they pulled the handle on this or will I see it on the other side in wish wampum? I just got the bad news- interferon gave me Autoimmune hepatitis and my Crohn's disease is in relapse. What's the trick to speeding this up? I am so broke the 100% comp and SSD doesn't even begin to cover old debt. Are they waiting for the buzzards to finish me so they don't have to pay? My VA doc says I'm not a candidate for txplant (autoimmune hep will eat the new liver) Yellow in Seattle