[Nod Long Delay, Any Hope, Advice?]

Hang in there, Roly.

What can I do?

Following the usual amount of delay and steps, in 2008 I was awarded 30% PTSD disability effective 6/2006 for traumas experienced in Vietnam. This added to my earlier tinnitus 10% for presently 40%. I did not agree and submitted (through American Legion service officer) a NOD, somewhere around 3/08. They sent a letter of denial before my year was up, and before three letters of support that I provided were added to the file. I had provided a letter from my wife, one from the only friend I have kept in contact with from before Vietnam, and one from the therapist I had been seeing via Seattle Vet Center for a year. I sent in a Form 9 about a year ago.

So, I checked with my service officer about status today, also asking if I ought to go to my Senator's office to appeal, and was informed the following:

"They are preparing your case for a travel board hearing which is when a judge comes up from Washington DC.

Now your Form 9 is dated 2/26/09 and right now the hearings we have are from the year 2005. Again, appeals can take a long time. Your file has to be shipped to Washington DC and put on their docket. They are worked on the order received; right now in the recession there is no way to expedite an appeal or even a claim.

Again, if you contact Senator Murray or Cantwell, the whole entire process stops. Your file will essentially go back to the bottom of the pile once the Senator is finished reviewing your file and making any necessary actions. However, that is your decision to make."

It seems like maybe I will get a hearing in about 5 years. It seems like my service officer is similarly as passive as many VA employees.

In the vast experience of contributors to this forum is there any advice or helpful comment?

Thanks a lot, Roly Washington State, previously Danang, Saigon, Westpac

[Increase Disability Rating]

Chris, you would likely get more than just a 10 to 20% increase. Even though the process is designed to wear you down you should still try and go as far as you can with it, especially considering the injury you sustained. I work in a disabled veteran's law office and would be happy to connect you with an attorney who could, at they very least, give you information about your options. Whether you decide to ultimately go with a service officer or an attorney (assuming you decide to move forward), information is key and your most powerful allie against VA. I hope this helps. :) My name is Douglas and my number is (877) 838-2889.

This was a good topic, unfortunately, I haven't seen any responses. I only served 4 in the USMC and broke my skull in 10 places. I have 2 plates held in with 7 screws in my head and I was rated at 10% in 1997.

When I discuss this with other vets, I get the same advice, that I should try to have the rating increased. I've been trying to read the threads/posts about SOs vs. lawyers, etc.

I just really couldn't stomach going back to the VA repeatedly for another 2 or 3 years for a 10 or 20% increase. What's your thoughts? Am I on track here?

DevilDawg00311: What did you do ultimately?

Thanks!

Chris

Semper Fi!

[Another Win]

That's great to hear. :)

Hello all

WSell got a call from my brother in law he got his service pension today plus back pay. We will appeal because I beleive it should be service connected. He got I think 903 a month don't quote me on the AMOUNT. He is supposed to come up from GA this week and I will fill you all in on the details from no job to a pension is better then nothing he is a Vietnam Vet (brown water Navy.)

Jim

[First Timer]

Greetings;

Let me introduce myself. My name is Steve Harvey, and I'm a 63 year-old Vietnam vet. I was stationed at Son Tra (Monkey Mountain) with the 620th. TCS (TACC/NS) from 67 to 68. I was looking for a forum that could give me help and guidance in filing a clam with the VA. I never gave the Agent Orange issue much thought until now, when I discovered the additions to the list this year. I was diagnosed with Ischemic Cardiomyopathy in 1994. Two heart attacks, a quadruple bypass and a stin later, most of the muscle in the bottom of the heart is dead, and I'm taking medication to strengthen the muscle I have left.

I'm looking forward to researching the vast amount of information that is here, Thanks for allowing me to be a part of this forum.

Nice to meet you, Mr. Harvey! You have come to the right place, there is no shortage whatsoever of quality people to talk about this stuff with. Really, this is a diamond in the rough for VA-related online forums. Welcome! :)

[Decreasing Vet Disability Claims]

I think that Veterans should be compensated for their service if their disability is real. Thankfully, 99.99% who claim to be disabled are. Perhaps if all servicemembers who deserve compensation for their disabilities ARE compensated, then conditions for our next generation of Veterans will improve. The military will work to create a safer, more productive environment for soldiers when they realize that through doing so they are saving money down the road.

[Tv Panel Discusses Va's New Ptsd Regulations]

These guys are great and out of Los Angeles, California. http://veteransnetwork.net/

This post has been promoted to an article

[Tv Panel Discussion On Va's New Ptsd Developments]

This is a show out of Los Angeles, California. These are a bunch of good guys. Enjoy! http://veteransnetwork.net/

[Munro V. Shinseki – Fed. Cir. Addresses Implicit Denial Rule]

The U.S. Court of Appeals for the Federal Circuit (“Fed. Cir.”) recently issued a precedental decision that involved the application of the “implicit denial rule.” Generally, when a veteran files either a formal or informal claim, the claim is pending until it is 1) finally adjudicated, and 2) the veteran is notified of the denial. There are circumstances, however, where a claim is “deemed” to have been denied and finally adjudicated even if VA did not explicitly address that claim in the denial – this is the implicit denial rule.

In Munro, the veteran argued that the implicit denial rule could not appeal to informal claims. However, the Fed. Cir. held that the rule can be applied to end any pending claim whether formal or informal. In determining whether the implicit denial rule should apply to Munro, the Fed. Cir. relied heavily on its prior consideration of the rule, particularly in Deshotel v. Nicholson, 457 F.3d 1258 (Fed. Cir. 2006). In Deshotel, the Fed. Cir. held that where a veteran files closely related claims and VA explicitly denies only one of these claims, the implicit denial rule should be applied to treat the other closely-related claims as also denied. The Fed. Cir. also reviewed other cases to conclude that the implicit denial rule requires that the denial of a claim will end the pending status of any other identical pending claims. The Fed. Cir. found that Mr. Munro’s informal claims were identical to the formal claim that VA later denied, so the implicit denial rule applied here and his informal claims were deemed to be denied. It also found that from the specifics in VA’s denial, Mr. Munro should have known that his informal claim was also being denied, as the documents he submitted as the informal claims were referenced in the decision.

The documents Mr. Munro asserted were informal claims consisted of VA medical records. The Fed. Cir. noted that veterans with service-connected conditions routinely visit VA medical centers and for VA to treat each medical record as an individual claim would be unnecessary and unreasonable.

While the Munro decision was not favorable to the veteran, it can provide some guidance for others. First, be as specific as possible when submitting a claim to VA. Rather than just sending in some medical records and later trying to sort out the nature of the claim, explain your claim and what the records show upfront. (For instance, stating something like, “This is my informal claim for an increased rating for my service-connected PTSD. The attached VA treatment records show that my condition has become more severe.”).

Also, if you receive a denial from VA that you do not agree with or understand, let them know about it immediately. Mr. Munro faced additional burdens because he did not timely appeal denials and they became final decisions. If you are not satisfied with your decision from VA, keep appealing and keep the claim alive.

[Is This Real?]

Congratulations. I don't think you'll be getting any retraction letters. :)

The decision letter says I've been rated 70% for PTSD. With the 20% they gave me for my feet (still working on the NOD for that), I'm at 80%. Guess the clerk at the travel office was reading it right.

The letter came on Monday and when I read it I cried. I put it away and kept forgetting it had come. I'd told my husband about it and I keep feeling surprised when he mentions it. What's wrong with me? I should be happy, right? Why don't I feel happy about this?

I should feel relieved that my PTSD has been SC'd; the battle to prove my stressors actually occurred has been won. But all I keep thinking is that I'll get another letter saying they made a mistake. It's definitely me they're talking abut in the letter, but I keep thinking this can't be real.

They also sent paperwork about an inferred TDIU claim. I hadn't finished the form to submit for it, and now it turns out that a claim is in process for me already. My husband says do it right away, get the form in, right now. My heart just pounds like crazy every time I look at it.

I put this in the Success Stories section, cause I guess it belongs there. I don't feel like a success, though. Sorry to be such a downer when I should be dancing on air.

[New Guy Introduction]

Thanks, glad to be here.

Welcome to Hadit!

B6

[New Guy Introduction]

J,

So you're the owner the that vessel! Our firm has a popular monthly newsletter and we have a picture of your boat in this month's issue. If you like I can send it to you if you send your mailing address to drohde@vetlawyers.com. I would be happy to do it. :)

Welcome aboard Douglas.

J

[New Guy Introduction]

Nice to meet you, Mr. Reihs. I am fairly new to all of this, so it will be a learning experience for us both to hear from these attorneys. :)

Welcome to Hadit,

I will be interested in your future opinions from the formal educated legalese point of view.

[New Guy Introduction]

My pleasure, thank you for having us. You know, if you think the members would like to have a certain topic addressed maybe next show we can have her deal with that??? It always helps to have as many perspectives as possible. :)

Welcome Aboard Doug -

Carrie was on SVR last night and she was great. Thanks so much helping us make that happen.

[New Guy Introduction]

Nice to meet you, ma'am. :) I spent a year in the beautiful hills of New York back in 2003. Are you familiar with SUNY Binghamton? That area is just gorgeous but certainly has no shortage of snow during the winter months! I remember seeing only my car's antenna that winter.

Yes Carrie provided a VERY informative show and was a great guest!!!!!!

It is wonderful to know you are at hadit and can provide some expertise and you will find the veteran's community here is full of very smart people,with valid claims, who have been forced into a paper War of the Words with VA.

Carrie mentioned that some lawyers from the law firm you work for have noticed the vast info and advocacy here.That was quite a nice thing for her to say.

This is the best claims help advocacy forum on the net-in my opinion= because most of us giving advise have our own VA battlefield experience to share and denials ca be, in fact, great learning tools.

Welcome to hadit.

[New Guy Introduction]

Hello everyone, my name is Douglas Rohde and I am an army veteran from 4th RTB in Fort Benning, GA. I am a recent college graduate who was hired by a law firm that helps veterans across the country with their VA disability claims (www.vetlawyers.com). I am here to meet with fellow veterans (not for professional reasons exactly, but to better understand the people behind the claims) and participate in this vibrant community. I grew up in a military family and expect to make a worthwhile career helping veterans. I personally couldn't think of a better, more deserving population to serve. This site is an incredibly good resource and we should all be thankful for the efforts of TBird and the HadIt.com staff. You might see me around the forums readings your posts and commenting on things. I look forward to a future of lively discussion! Take care and thank you for your service.

RLTW,

Douglas