Berta

Tom- with all they already have and the remand-what could they possibly need? yeah -sounds just like a stall----- what can they possibly get by stalling their decisions? I think the VAROs have people who are afraid to even Make decisions. Our evidence is what supports their decisions- If they grant a big one with lots of retro, the file gets marked Large Retro Payment- and then they sign off-if over $25,000- 3 signatures are needed on those awards. Three people are attesting that the vet deserves ,due to evidence, the award. Dont know what retro you should get but still- doesn't it seem ridiculous that they do this stuff?

I just called 800 for a status- it has been a while- She said my claims were "out of appeals but with a specialist at the rating board" as of March 31st. She said it was specifically the DIC AO claim and the accrued SMC claim- I do think a decision was made per 800# info in January on one of them but they are apparently sending the decisions together on both. does anyone have a take on why they would be "out of appeals " status? I have another claim that, after 3 years I waited for them to send to the OGC-they didnt -so I did-March 8th. 2 weeks ago the OGC wrote to me and said they would directly reply to me on this specific claim. Maybe it has something to do with that? But it seemed like OGC took it out of their hands as it is OGC jurisdiction. The vet rep was nice but still again I am baffled by her response at 800#.

I do too- a lot depends on the 1-800-827-1000 person when you ask for a claims status- but sometimes between the rating board and finance department -nothing might show up at all because you are out of the techical appeals process -the VACOL screen_ Have you asked 800 what the COVERS screen says? I see this as a disturbing but a good sign- happened to me years back-suddenly my appeal info was gone and they said it went to finance- by weeks end- there was nothing at all at 800 PC - then the check came, and then the letter. It was upsetting at first that suddenly nothing appeared on the RO PC.It had been resolved.

Mike !!!!!! I was alarmed when I read the topic- I feared this had all gotten to you- God knows that you have been through the mill on all this---- PERSISTENCE pays off as well as the Evidence----- I didnt reply to many of your emails only because I am so far behind- doing triage on them---- I need to read your post again and again- because you have waited so long and fought so hard---- Men and women -this is what this community is all about and Mike is a testament to being as Proactive as possible with your VA claims. I am thrilled for you, overjoyed, relieved, grateful for your persistence, and grateful for your service---- Thank God your VA struggle is over !!!!!!! Berta

Guys- go to the 2003 on the left side of the BVA page- click on that and then when the BVA search engine pops up , go to "Years" under it and then click on 2006.

Boy- I have 6 claims- 3 are 3 years old - 1 seems to have been decided ,one is in rating board and one I sent to the OGC-the VA screwed up on it-it is in OGCs jurisdiction- I have never gotten a VCAA letter at all. When I filled out an I-9 in Jan. I specifically stated that regs had been broken and I never received any VCAA letters.I put this on page one of the appeal. They immediately started working on my claims in a serious way and decided one in late Jan , but putting that with the one they are doing now- I knew they would NOT want the BVA to see that statement- Not only do I advise putting the statement that NVLSP mentions-(posted here previously maybe a month ago- on page one of the 1-9 but hit them hard on the first appeals page at the bottom with any regs they broke and any evidence they refused to consider. All on the first appeal I-9 page. If you do this- then I think- like my appeal- which was very strong in its first paragraph- they do not want that to be read at the BVA because it would trigger a remand right from the git go-and make them look like complete idiots.

Bubba- although the DRO regs prohibit the Lets Make a Deal scenario- I certainly anticipated this by sending in 3 claims that I would be willing to withdraw if the main claims do not succeed-the funny thing is they were weak claims in 2004 but I found evidence to support them all- Regardless of what the regs say- you experienced what is often fact- it allows some SOs sometimes to pretend they are really working in ones behalf- by negotiating etc- I believe some SOs try to get less for a vet than possible to be 'liked' by the DRO. You did exactly what I believe is very important for a veteran to do- you had confidence in your claim and did NOT accept anything less than you wanted. I am very proud of the way you handled this- NO vet should ever accept less than what the evidence says they should get. Kudos!

Angela-you have one year in which to file the NOD-one year after the decision- I always save VA envelopes as well as decisions- Their decision might have been made, and their letter dated -weeks before you get it- I say -go by their date of the decision in the letter and use that as the year deadline to be safe on the time limit. I usually file NODs within a week after getting lousy decisions- The NOD can be enhanced by sending additional evidence at any time after sending it in- It is the most important document a vet has to prepare after an initial decision as it preserves the earliest effective date of the initial claim it is filed on.

Scotty- I hear you on the anger part- I had to send my DRO her job description from M21-1-she messed up so bad- if I had a hearing it would have involved telling these people how to do their job. Plus I probably would have cursed a lot- However- veteran- you might get a disabled vet DRO- you might get someone who has enough VA experience to actually be helpful to you. There is nothing beter sometimes than one-to one-and if you bring a folder with your issues and copies of evidence in it-and make sure they focus solely on your claim and the evidence- it will be over soon and not as bad at all as you think it might be. Your SO or vet rep- if they have offices in the VARO should be with you if possible. You will be ready by the time the hearing is due. I suggest that whenever a vet goes to a hearing not only do they need to maintain focus on their evidence that supports the claim but also be firm on what rating they expect. One needs to have complete confidence in themselves and their claim-and remember- your service put them into their GS jobs.You have the right to expect their full attention and comprehension of your evidence.

Mike- your post here will help others- Complex and numerous issues can overwhelm us. I know that feeling well myself- but getting organized seems to reduce the stress a lot. The VA is skimming over our claims-they have to put a time period into their products codes-too much time on a claim means they aren't producing enough work- I helped a vet here who had a 32 page claim-we reduced it to 2 pages- but two very attention getting pages. stated the issues referred to the evidence in the SMRs added a buddy statement told them what she wanted. I dont know the result yet. The 32 pages I told her to save- it had been very helpful to her to get a lot off her chest and within all that- were other points of evidence she could focus on-if needed. This long claim helped remind her of potenial witnesses -stuff like that. But I knew they would deny right off the bat-the 32 page claim-and not even read it- I have dozens and dozens of files and VA related things-here- almost 20 years of dealing with them- it can be miserable looking for a specific document and the more we look sometimes- it could be right there but we miss it-organization helps so much. Pictures can be worth many words. I have helped vets put pictures onto their very first statements to the VA(after filing the 21-526)One was extremely gruesome- a surgical VA screw-up. I did it myself with autopsy photos of a heart right on the first page of the statement for my claim. You got statements from others for your claim- this can be excellent evidence- Have you gotten a claim status from VA yet? Semper Fi to you too Marine! Berta

Do you have hard copy proof that the VA liason said that? I assume you have email direct to and from both your VA counselor at the school and the VA Edu dept. I would NOD this and add the hard copy statement that the VA liason said. Also I would use the FOIA-Freedom of Information Act- and send a letter to the Records Access officer -care of VARO Educational Department asking for release of any documents ,to include those to or from attorneys, that they have sent or received regarding this accreditation to -I think you said certification but do you mean VA accreditation-regarding this school. Also save receipts from the school of any tuition you have to pay until this is resolved. I would also push for the grandfathered in part too-but as a VA Chap 35 student you have a right to know why this was done and what the VA is going to do about it. Is there anything at all at the VA Education web site about this- it seems extremely unfair.

Does she have time to NOD that decision? If the school was already VA approved for her past Chap 35-I dont see how they can pull this one- do you feel comfortable telling me what school this is? As I recall my Chap 35 stuff- they did not question the 'locale'of my school at all. It is in Virginia and the instruction I get is primarily USMC active, at Quantico- however- the school's location was not an issue and some of my tests were graded while my Prof was in Japan and also he emailed me assignment grades from Okinawa on TDY.Many of our students are on active duty out of the US of A. I dont get it-did they refer to a specific reg or VA case law that prevents Chap 35 in this situation?

Angela- read Allan Opie's Post under Qualifications for C & P Mental Examiners- I would think that the VA must comply with the same criteria for exams regarding Physical disabilties-too- The blank C & P itself: all are here : http://www.vba.va.gov/bln/21/Benefits/exams/index.htm shows what the doc should do- I have sent Blank C & Ps to vets to take to the C& P exam with them- why not- this way the vet can assess the blank exam and, while they are with the doctor, make sure that the issues the doc records are clearly reflective of the extent of disability as well as more than likely- or as likely as not- related to service. And if the doctor is making that type of statement- they should have in their presence- the veteran's records- Some C & Ps do not require the complete c file etc- but many do. While at the C & P doctor's office they can make sure the C & P results reflect what they need for their claim. There is no reason to feel intimidated by a VA doctor- you have all paid them well. I had a vet who had DMII and other complications- they did not perform the proper C & Ps for the complications. He brought the blank C & Ps to the VA, raised hell, and got the proper exams and ratings. Otherwise they wanted him to take 40% and go away-but they owe him 100%.

I hope all read this carefully-thanks Allan The shrink pecking order is there - what I mean is -if you have a good IMO from a psychiatrist-this should overrulle a VA opinion from anyone not as qualified as the psychatrist- another point- we had a vet's wife at the old board who bombarded many of us with emails-and put many posts at hadit regarding her husband-who never posted- as to getting him sced for a mental disorder. They finally paid for an IMO- however ,not only did it not help the claim ,it was done after a sole phone interview between the doc and the veteran.(or maybe the wife did all the talking) It was therefore meaningless to the VA- Mental disabilities -for service connection-unless supported by inservice MOS ,etc, most always involve direct contact between the vet and the doctor. An IMO must reflect that. I am surprised at how recent this directive is- then again- there has been a lot of criticism within the veteran's community as to lousy C & P exams. Maybe this will help resolve that problem. I am printing this off and if I get a local vet who might need this for a proper mental disorder C & P , they can take a copy to the C & P doctor if they need to. We really have to do VA's work for them- I am convinced that our claims can succeed by anticipating every way possible under VA regs ,that the claim could succeed and then- even if it takes showing the VA (doctors or VAROs) their own regs-and training letters- this is something we can and should do-if needed. If anyone of you got a lousy C & P recently-use this training letter to fight back. Berta

That seems ridiculous- David- I would-if I were you- send them an inquiry via the www.va.gov web site- under Benefits is the Contact us query info- If you click on it as Service Complaint they seem to react faster. It could take hours or a few days- Their reply makes no sense at all- the C & P was done-it takes a week or two to type up and it should be in your c file anyhow-because they already used it for the decision. (or did they? did they list it or refer to it in the decision?)

I was just talking to a 800# vet rep I have known for years via the 800#. I never got a VCAA letter nor a Dongess letter- They way he explained this decision to me ,that it seems it sure could help veterans define access what they need (or the VA) for their claims. Wish I had gotten a letter like this though- It sounded like a positive VA step to help vets- only problem-I reminded this vet rep- these letters involve more time for VA to prepare and send and yet the backlog at the VAROs and the BVA remains- I griped about all of the remands there too and the so called "expedite" orders from BVA that are never adhered to even when the vet is in catastrophic medical condition. Does anyone have a link in M21-1 or VA training letters as to this CAVC case and the letters they are sending out? Ok edited this post I just found this- Subvet is explaining it at GulfWar vet site: http://www.gulfwarvets.com/ubb/ultimatebb....ic;f=4;t=000280

"Anyway, my copy of the C&P exam says I have a "global assessment of functioning of 60 because he reported moderate depressive symptomatology." What does than mean? They said the "Service connection for depressive disorder, not othervise specified is denied." Does this mean they found a different mental condition??" I would have to answer no-based on this- others might disagree. They are saying you have ,per the GAF, a moderate depression. They are stating that it is not due to service. You will need evidence from service, from Unit web sites ,or from buddy statements, etc that support the stressor you gave and that your MOS put you there at that time and that stressor or event caused the depression if it was not mentioned or treated in your SMRs.

Send them the medical documentation (copies) of this: "My back condition isn't really helping matters either, but I've got the MRI's from this past year and dr's statements as to the severity of my problems with back pain and neuropathy. So I plan to go ahead and put in for the increase as well as the TDIU at the same time." Send them documentation of this: "My Vet Center counselor wrote up a letter stating that I was unemployable and mentioned the failed businesses that I have ran into the ground. My Psychiatrist at the VA whom I see for my Medicine Evaluation every two months for 15 minutes, wrote up a form at the insistence of me showing her the regulation to assist. She wrote that I was currently unemployable due to worsening PTSD symptoms. She also wrote that she hoped I could be cured with continued treatment" Cured- yeah right- dont worry about that Veteran- they haven't "cured" a single case of PTSD yet. The Voc Rehab counsellor- Are you in Voc Rehab at all, or have they said you are not appropriate candidate for Voc Rehab? The latter is evidence of unemployability- if one isnt vocrehabable- they aint employable- I dont see how Voc Rehab can declare you unemployable- Did you file the formal 21-8940 TDIU form yet? I would tell them of any employment difficulties directly due to your PTSD as well as legal problems- like- if the police had to come to your house for spouse argument-or a neighbor or employer caused your PTSD to act up-stuff like that- not saying this is the case with you though- The VA, when my husband sued them under the EEOC- they discriminated against PTSD vets-would hire them but then prevent them from getting into full time positions-the VA gave terrible testimony about him to the EEOC. He was the only adversely affected vet that that was willing to state charges under the EEOC.Ironically his VA performance appraisals were all satisfactory. The awful testimony about him in the EEOC transcriot was used in support of his 100% PTSD claim.

Angela- when I received a request for DRO review form, it came with a SOC. I had 60 days to respond to the SOC-they count weekends and holidays! !!-it is 60 days from the SOC receipt but mine was dated 2 weeks before I received it. I save ALL VA envelopes. I dont remember if they gave me a deadline on the DRO request form- but please make sure that you honor any deadlines they give you on any SOCs or SSOCs- if the wording of the SOC ,SSOC needs a response from you. Within the 60 days. What I mean is this-they cued their first SOC to me- it was illegal- the Dec 2005 SSOC stated that the claim was denied because the veteran had never been diagnosed with DMII. I responded with a copy of my IMOS printed right on the back of my response and reminded them that when they read the IMOS, which my vet rep personally saw in my c file-and that both the DRO and the Manager acknowledged in his meeting ewith them when I raised hell-which I sent to them Nov. 2004, and they have ignored in both SOCs they sent to me- that I complied with what they wanted and that the veteran HAD been diagnosed with DMII by Dr. Bash who gave his complete rationale for that statement and he refered to MRIs, past VA ratings, the med recs, etc etc. This is what a Response to an SOC or SSOC is- an attack on the specific reason they used as denial-they will often focus it down by the time you get a SSOC-and-if they are still ignoring the evidence, I say re -send it again and strongly refer to it in the response.I have sent them 6-7 copies of my IMOS- the next one (I heard this claim has been decided) if needed will be copied on Chartruese lime flouescent paper and sent to them in a bright pink envelope- copy faxed to their director. I dont really think that tactic will be needed though- darn-I just love it..... I would love a hearing -if you can go there ask for one with the DRO- I go to school-and have a working farm- and I cannot take time off for a VARO hearing- and would probably want to do some verbal a__ kicking up there too-I am fed up with doing their job and being put through this rigamorale again after the last 3-4 years it took to resolve my past claims.

"How long will a appeal generally take and can the VA reduce my 30%C&P to spite me" Many many months to years- unless you can fight back with a lot of evidence right away- no-I dont think they really do stuff for spite-they are to busy figuring out how to 'lose' stuff and make retro errors to save money. NOD anything at all that you disagree with as to the DC, the rating %, and the denial- "Service connection for depressive disorder, not othervise specified is denied" Do you have a clear nexus in your SMRs or through private docs or buddy statements that support this as Service connectable? Documented inservice stressor etc???

"Question - The VA form 4107 says that once the VA receives my NOD they will either grant the claim of send a statement of case. Do you know if they ever actually grant the claim following the NOD" Yes- I personally have won claims with the NOD and also many vets I know have done so to- The NOD is your first line of attack. I NEVER suggest getting some SO or vet rep to send them a generic NOD in your behalf.Never ever. The NOD should specifically disagree with the decision and every point in it- and also can refer to attached evidence. It should rebutt each error in fact, law, or rating etc. Also the NOD should end with: "I fully intend to continue to appeal this decision until the benefits I seek are granted." Pick the decision apart in the NOD-if the claim is not granted and the NOD generates an SOC-more than likely they will make errors in the SOC too- more ammo to rebutt with.

"Finally, the Board has also given consideration to the provisions of 38 C.F.R. § 4.7, which provide that, where there is a question as to which of two evaluations should be assigned, the higher rating will be assigned if the disability picture more nearly approximates the criteria required for that rating." from: http://www.va.gov/vetapp01/files02/0111307.txt and 38 CFR 4.7

In 38 CFR Book C but also I use BVA decisions for ratings a lot- it helps the vet understand the rating rationale like in : http://www.va.gov/vetapp01/files02/0111307.txt The DCs are there and also 38 CFR citations.

Angela- these days both the DRO process and the BVA process are often lengthy- I have been in actual DRO review process for almost a year but getting close to the 930 (End Product) I would sure NOD this decision and ask for DRO review but that is me -others will say BVA. Did you get a VCAA letter on the CUE? I never did get one. Did they send you anything at all asking for more info? They sent me a letter a month ago making 6 legal statements on CUES and referred to mine- but they didnt say which one-I think it is the SMC accrued CUE. I responded to each statement as it applied specfically to my CUE-legally with documented evidence- and then I enclosed to them- more evidence that I had recently found. It went into the rating board last week. I certainly would do all I could-if I were you- to rebutt the denial.

David -along with the CFR -if you put M21-1 into google with a search word, that also is good place to find info as to how they rate. BVA decisions, whether denied or remanded or granted also are excellent sources for info. In the decisions they quote the regs they used regarding specific disabilties. They just posted 3 months of 2006 decisions- I dont have time to read them yet- but read this one and learned that the Navy Unit Commendation Ribbon support this vet's stressor. Interesting -but others have the rating criterias -as well as 38 CFR- if you search by disability: http://www.va.gov/vetapp06/files1/0601457.txt "The veteran was issued a Navy Unit Commendation Ribbon while in service. The basis for the ribbon was that the unit that the veteran was attached to despite extremely adverse conditions, including continuous exposure to attack from hostile forces at all facilities. " " ORDER Service connection for PTSD is granted."