Commander Bob

Thanks John, Yes, thats my plan. All the evidence I need for 45 years of EED (if it has not been lost or destroyed) is there. Now, If I can just present the true facts of the record successfully. I could win this thing without a remaind, Worst case scenario. I get a CUE and a remand. ugh!! If I totally screw it up then, as you said I'll "...go in search of a lawyer." Bob

Well said 'deanbrt', It sure seems like that's the way of the world, these days. Let's just hope 'Sgt G' gets lucky. Cmdr. Bob

Glad to hear that you are not going it alone,'Sereant G' Good luck, on all fronts. Cmdr. Bob

Do you have copies of her C-file, VAMC records, and her mliitary med. records? JMHO, Without copies of her records, her private MD, or a secondary IMO report is worthless at the VA... Best Wishes, Cmdr.Bob

NSO also suggests: ...or you can go in and request a BVA hearing reschedule, and who knows when that will be, C.B.

The NSO also emails: Our options are... or you to go in on your own and tell them that you still have not received your copy of the record and the Board will have to either grant or remand it to at least provide the copy of the file you requested but also anything else like an independent exan, but then it will be the responsibility of the Appeals Management Center in Washington. I think I'll go for the win. Any thoughts? Cmdr. Bob

Hi Ken, Sorry to hear about your wait. Good luck. I agree with 'deanbrt', and, jmho,... save the big guns for when you need them. Here are a few wait time claims from late last year, I pulled them off of a Vet's Atty's web site, dated feb 11. "My Firm has several cases before the Waco VA Regional Office right now. Here are some of the wait times my clients have experienced; I’ve used these cases as examples because they are the “straightforward”cases where there is no reason that the VA should be denying part or all of the claims. Client #1. This client is the surviving spouse of Vietnam Veteran who died of his Agent Orange related illnesses in 2009. Surviving spouse filed claim for survivor’s benefits in September 2009. Client received full denial in April 2010. After a timely Notice of Disagreement, a DRO Hearing was finally scheduled and held in December 2011. After the DRO promised a full grant of accrued benefits and DIC by the end of December 2011, no action has been taken on the case in 3 months. Client #2. This client is the victim of a Military Sexual Trauma. The initial claim was filed in May 2009 and denied by the VA in May 2010. After a timely Notice of Disagreement the VA scheduled a DRO Hearing for December 2010. The hearing was cancelled so that the Veteran could have a C&P (Compensation and Pension Exam in January 2011). In the 13 months since January 2011, the file has sat on the DRO’s desk and no decision has been written. Client #3: This client, a Vietnam Veteran, filed a claim to reopen his claim in November 2008. The VA denied the claim in November 2009. After a timely Notice of Disagreement, the VA scheduled a DRO Hearing for July 2011. The Veteran has submitted additional new and material evidence to support a grant of benefits, but has heard nothing from the VA in the 7 months since July 2011. Client #4: This client, a Vietnam-era Veteran who was exposed to Agent Orange while serving on the Korean DMZ during the Vietnam War, filed his claim in December 2009, which the VA quickly denied by April 2010. After submitting a timely Notice of Disagreement, the VA did nothing until this past week, when it set a DRO hearing for April 2012. Client #5: This client, a Vietnam Veteran, submitted his claim in August 2008, which the VA denied by October 2008. This Veteran was never given a DRO Hearing, instead it took nearly 3.5 years for the BVA to set a hearing in his case. That BVA hearing is set for April 2012." Of course, it depends on where you live. Best regards, Cmdr.Bob

Here are a few emails I exchanged with my NSO Rep last Thursday & Friday. Dear MOPH NSO, What happened? I have just received a BVA hearing notice, 9 days before the hearing date. This of course negates the two week window to reschedule. Even though I never received the FOIA/Privacy Act copies of my file we repeatedly requested over the years, and could not get an IMO, and never had that DRO hearing they were suppose to have for me. etc. He emails back; "Its worse as I too just got my letters, and I am working at BVA in Washington that week." etc. So I email back : I am sorry to hear you are not going to be in town and represent me at my BVA hearing. As we discussed on the phone, this is just like the VARO's botched non- DRO hearing screw up, they once again failed to notify you or me in a timely manner. So, after almost five years of waiting and stressful bureaucratic delay, I will attend that March 6th BVA hearing, with or without representation and now will have to represent myself... etc. Cmdr. Bob P.S. Well, at least the weather forecasts a beautiful clear and cool day!!! Thank God for small miracles...

It sounds like you still have some unanswered questions. ~JMHO ~ ...if I had a NOD deadline date of 03/01/13, I would file the "Notice of Disagreement" ASAP. & and sort it out later, My deepest sympathies for your loss and my relief to hear of your recent approval for DIC, C.B.

Congratulations Tbird!! Best Wishes for the New Year, Bob

greetings 'jhorak'. Sorry to hear the VA is still hassling you. It sounds like you are squared away. IMO again, if necessary. etc... You note, " I have learned to keep a log book each time a condition bothers me I note the date and time I use an excel spreadsheet and also secure message my VAMC Doctors using myhealthe Vet secure messaging." Outstanding. Let's hope for the best, and that all goes well for you. Best wishes for the New Year, Cmdr. Bob

Hi John. Glad to see you in on this. Georgiapapa is most fortunate to have your input. * (side note), I enjoyed our visit last year , or so, and am looking forward to seeing you some time next year, when I will be in your neck of the woods, again. Bob

Greetings, Georgiapapa. My most positive thoughts are with you as you deal with your situation and the VA. A lot of Vietnam vets were undiagnosed, or misdiagnosed for stress disorders, back then. May I ask if you experienced any PTSD stressors while in Vietnam? Just being there was a stressor. And many of us were so young. Are you agreeable with the VA diagnostic code 9440? Best wishes, C.B.

Yes. And, it adds insult to injury. Vietnam Vets and PTSD should be a congressional concern. I call it "unfinished business"... Tell your friend do not distress over it. Hang in there & keep breathing. Best wishes, Bob

Greetings 'SpcDearman'. You posted "This is actually my first claim for benefits. " Have you filed a " Notice of Disagreement", NOD. yet? Are you aware of the deadline? You may be able to track down the accident report from your old unit.... Sometimes a Congressman's office can help in such matters. Best wishes, C.B.

Sorrry to hear this, J. JMHO, Your buddy should send in a Hardship Request, also. After 20 years on IU, they will leave em' alone.

Thanks for the clarification, Carlie. I concur. That knowledge will help vets seeking answers.to that issue. Actually , I am not trying to change my current percentage. After 45 years of confronting PTSD head on, and personal hard work, I feel that my current VA percentage is acceptable for this type of condition. My dilemma lies in my current "VA Diagnosed Code #." When the Army's CRSC program told me that I did not have the correct PTSD "VA diagnoses code number." , my condition was considered non combat related. I remember in the 1960's... When I needed them the most, they were not there for me. The VA's refusal to correct the record adds insult to injury. I can only imagine how many PTSD Vietnam vets have gone on misdiagnosed.. Or how many nam vets committed suicide because the VA and the medical community had a lack of knowledge regarding PTSD, back then. It's not the extra $20.00 a month that bothers me. My issue lies with the VA's refusal to correct the record, and give me the proper code#, I find the VA's stubborn refusal to admit the discrepancy notable. It's like they cannot admit they were wrong. It cheapens my sacrifice and insults my service to this country. C.B.

Thanks, 'deanbrt'. I'll check it out. C.B.

Thanks, Carlie for your wisdom, your counsel.and understanding. Your time in replying to my post is greatly valued. I sometimes have to stop and laugh at myself, put all this VA paperwork aside, and just go on R&R for a while....I think I'm overdue. I'll keep this rant of mine to the VA in the draft file, where it belongs, along with your notes, . Sometimes dealing with the VA gets very frustrating. The injustice is so wrong and cruel, it sometimes makes me speechless..... Of course In the end I would have toned it down before I pass it over to a lawyer to handle. Sorry for not answering all your questions. I do however, find many answers in the questions you present.. Your friendship is priceless, Bob

I'm still working on a way to post the " Reasons and Bases of the SOC" Your inspiration, help and support is a comfort, especially when I tackle this project. Here is a redacted, rough draft of part of my respone to the RO, DRO Service Center manager's office regarding my FOIA/Privacy Act, and other stuff. I still have a lot to cover... Any feedback is appreciated, C.B ... I continue to disagree with your 2008 denial letter and your "Statement of the Case" dated Jan. 11, 2012 It has been over 10 months since I requested a FOIA/Privacy Act copy of my VA records, so that I may seek a competent Doctor to conduct a true and an "Independent Medical Opinion", before the beginning of my formal BVA hearing. For the last four years, your correspondence has been filled with omissions and logical fallacies. You have painted a portrait of me as a lazy and malingering, just looking to get something for nothing. I find pages 27 and 28 of your SOC, especially outrageous and demeaning. Throughout your denial letter and your SOC, you have underplayed my combat circumstances as well as the severity of my combat wounds. You went into great detail, and listed many unimportant DD214, awards and medals I received during my military tour as a light weapons infantryman, however you failed to even mention my "Purple Heart" in your list. You mention my connection /////redacted///, however you failed to mention the first horrific massacre I witnessed in Jan. 1968. The record will prove, and you will find that in the 1980s, Dr. Brown and Dr. Carrie spent the bulk of their careers, being unaware of PTSD, and built their diagnosis for many years on that archaic and rather draconian DSM-V. The opion of the day, back then, was "that it was all in their minds", or was misdiagnosed as some other disorder that was in the DSM-V, Medical directory, of that time. The general opinion back then , was that war had no lasting affect on the human sprit of those that bore the battle, Must I //// redacted///. I find it notable, the newer young examiners, both appeared disengaged and apathetic during the C&P exams, this round. I could go on and on but I'll save it for my Formal hearing... /// redacted/// Again 10 months, and still waiting. Until then, will you please send me the coppies of all my records you are responsible for... etc... Bob (After much thought, I have redacted some of this rant, for privacy reasons. Thank you for your understanding and support.) P.S. 12 months, and still waiting for copies of my records.... 12/19/2012

I don't know about the 2 week time frame regarding C&P exams. I plan to object to old C&P exam reports in my BVA appeal. Some of which became part of the record years before we were allowed to even see our records. Good luck. I hope you find your answers. Please keep us posted. Cmdr. Bob

Sorry I don't have any answer to your topic issue,'georgiapapa', however, thanks for the 7801 info. I have a few hellacious combat scars that I never received an ounce of SC for. I think I may add them to my claim while waiting for certification of my BVA appeal hearing.

Eventually, ...Retro. Hang in there, 'vetswifeIndy'. Best wishes, C.B.

Sorry CCC, I usually read the prior posts on a fellow vet's profile, before I respond, Didn't do so this time, however, with the limited info you have posted on this topic thread, I would ask if you are in a hurry, or in financial distress right now? How far along is your claim? Does the VA already have the additional new disability info in your VAMC file already? If so they may include it and list it as an additional disability claim to your existing claim. This happened to me in an "Agent Orange" claim, once. Also, Timetables at the VA are a bit warped. The trains don't always run on time in this "Twilight Zone.". It's not like in the real world. Some vets have their claims adjudicated in a few months, and other a few decades. It depends on many factors. Remember the Retro clock starts when you file your claim. Many vets and their families are in dier straits when the come to Hadit, and need the financial relief desperately. JMHO... If you have the time, and don't mind the possibility of an unnecessary wait, then file for everything right now. Get that clock ticking. JMHO... You will need copies of your c-file for your appeal if it comes to that. Again, you should have already requested those before you filed...if you have the time, I would also put a request for that now. Best wishes for a successful resolution. C.B. (edited for spelling error)

Good luck, 'joeyjoeyb'. Please let us know how it went. C.B.