tdiu How I Remanded My Claim And Won

[Pete53]

In 1996 a Presidential Election year I was close to the end of my rope. Al thought I had been awarded Social Security and was 70% Service Connected I had been fighting my claim for over 5 years.It was sitting waiting for the BVA to take action.

I got busy. I wrote an email to President Clinton and asked for help on my claim. I called the BVA and requested a Hearing which is the right of all Veterans at any time during the claims process. Little did I know but these two actions set in motion a speedy resolution.

The VARO in Waco called me and asked if I would be willing to come to a hearing in about 8 days and I agreed. At the Hearing I signed paperwork for TDIU and agreed that if I got 100% I would quit appealing.

At the Hearing the Officer said that I had been untreated unfairly and that I would probably be awarded 100% but he needed to check on one or two things and he would let me know in 3 days. True to his word he called me back earlier than he promised and told me I had been awarded 100% P&T.

When I got copies of my C&P file I saw a copy of a letter from Presidents Clinton personal assistant asking VA to move my claim and report back what the decision was.

All I know is from dead in the water I had the machinery moving and a decision in less than 2 weeks. Think about that. This is not an opinion it is my personal experience.

[john999]

I think the politicians can help us, but they just don't want to help. Most talk a good game at election time and then forget about us in favor of those who have the big bucks. I almost choke everytime I see the VFW and Al caps at the GWB press conferences.

[John Purser]

I went and spoke to my senator's (Patty Murray) aide for veteran affairs in SW Washington today. She told me that because of my Senator's great empathy for me they'd be able to tell me what the status of my case was two weeks ago, in two weeks.

No, I'm not kidding.

I'm hoping the whole thing wasn't just a very painful waste of time.

[Pete53]

Sen Murray has been friendly to Veterans.

[Testvet]

Pete, I have to agree my claim was messed up in Dec 2004 I wrote President Bush they cancelled my DRO on 5 jan 2005 and changed it to an "informal meeting" they had my letter to Bush, they indictaed if I agreed to my heart disease and PTSD at 100% I would drop the other issues, I signed the agreement in May I got the award letter they reneged and gave me 50% PTSD and denied the heart claim I appealed it again then got mad and wrote Sen Craig and VP Cheney the VA in DC got caught lying to Craig in Oct 05 in Apr 06 they awarded the PTSD 100% and still denied the heart disease, so that is still on appeal I filed the heart disease claim in Dec 2002 the PTSD claim wasn't filed until Dec 03 so with my history I still need the Heart Disease SC so we are still going at it, yes after a couple of years of being screwed around writing the White House usually gets them off the stick FYI a congress/senator the VARO has a 60 day window for replies White House inquiries have a 10 day window one of Senator Murrays staffers called me on Wednesday about my claim's mess with the VA so it could get interesting again

Edited May 5, 2007 by Testvet (see edit history)

[John Purser]

Sen Murray has been friendly to Veterans.

The lady I met was very intelligent, warm, friendly and had obviously heard this all before.

I'm just so frustrated at this point. Sorry if I appeared to be picking on the Senator in particular. I just can't figure out who in the world "wins" in this current system.

[Testvet]

no one, there are no winners people just trying to get thru another day and make it to retirement

[shrlee]

When contacting the President and Senators do you have to send copies of any specific papers (Evidence,IMO, Denials, etc.) or just tell them of the many years of constant denials? Our SO told us to contact our Senators Secretary do we need to take anything with us?

Shirley

[Testvet]

No just a simple letter explaining the problem and what you think the result should be, they do NOT want to weed thru 3-4 years of VA paperwork they wouldn't have any idea of what they were even looking at, keep the letter to point, problem, how long you have been attempting to resolve it, and where it is at now, and can they help you. They are government workers to, and if you give them to much to read their heads explode, so use the KISS method keep it simple stupid

[Berta]

Shirley-

Our Senators and Congressmen can't do much on claims issues.

They certainly cannot hurry up a decision unless it is an extreme case of terminal illness-and even then by the time the paperwork passes around with their involvement -that usually doesn't much good either-

Congressional Inquiries also can add months to the claims process.

Did you get a VCAA letter and election notice?

The evidence they say is needed in that letter is what you need to get to resolve the claim.

If you didnt get a legal VCAA letter your Vet rep should immediately request one for you.

You can write to the backlog committee to complain-

aqnd Senator Craig might look into your complaint.

He did in 5 days for me-after hearing from me- but the VARO-at the same time- had transferred one of my claims to the BVA.The BVA said his letter was with the records they got-

I got my claim right back to the RO but -his letter to them still remains unanswered by the VARO.

U.S. Senate Committee on Veterans Affairs

412 Russell Ave

Senate Office Building

Washington, D. C. 20510

Attention: Chairman Larry Craig Backlog Committee

The best thing you can do is obtain the evidence the VA said you needed.

If you did not get a legal VCAA letter and election form-

you or your vet rep must question the RO on that right away.

Congress and the Senate cannot make claims succeed. Evidence does.

[shrlee]

Berta,

This is a fight I have taken over for my brother since his wife passed away last year. They have been filing since 1987. He is a Korean Vet injured in a fall in 1959 injuring his back and ankle. Granted 10% for ankle. His SMRs have been reported as having been destroyed in the 1973 fire. We filed lay statements, buddy statement,Dr. Reports as of 1987,(trying to get medical records from fifty years ago is impossible) and a fantastic IMO whereas the Dr. really knew what he was doing. When we filed the IMO the SO told us our local RO would not take into consideration the opinion from that specific Dr. he said if they denied it to go to our local congressman. Well they denied the claim and never gave my brother the hearing he requested (the denial took us by surprise since we were still waiting on the hearing)or referred to anything in the IMO. We are getting ready to appeal and I was hoping to contact the congressman's secretary to see if it will help. We did receive a SOC letter in which they itemized each condition and in essence stated, The VA Examination does not give a diagnosis for conditions as secondary to residuals.

The IMO stated diffently.

And to make matters worse he doesn't have the best or most helpful SO.