Varo Sent Cue Claim To Dav For Review?

[Guest Jim S.]

I checked on my CUE claim's progress today and was told it was sent to my DAV representative for review, since he has my power of attorney to represent me.

I filed the claim on my own, without any assistance from the DAV, because they refused to consider my claim for CUE in the first place.

Now I am being told it was sent to them for review and they are waiting for the DAV to return it. Also I was told that the DAV post is vacant at the moment and they are looking for someone to permanently fill the possition. I guess it is being filled by temperary personel at the moment.

What would be my best course of acction at this point? Maybe I should be asked to be appointed to the postion. Not sure how SS would see this, they may claim I am able to work and cut off my SSDI benefits.

Anyway, I would like the members opions on the next course of action.

Jim S. B)

[Hoppy]

Jim,

The logic that the diagnostic change was made without the supporting logic explained properly in the SOC is a good argument.  I read many BVA cases where they were reversed or remanded citning that the vague language of the SOC did not meet VA standards.  The reason the SOC was vague is most likely that some adjudicator pulled the opinion out of thin air.  If the adjudicator sought a medical opinion and made the change based on the new medical opinion supporting the change he would have been required to cite the opinion of the new evaluator in the SOC. 

The same thing happened to me. The adjudicators started pretending to be a doctor.  It was driving me nuts. I was wondering if the adjudicator was a doctor or where these off the wall opinions were coming from. I was making posts to the board and somebody in the old days explained to me that adjudicators are not doctors and must notify me through the SOC if a new medical opoinion was sought. Eventually,  it was straighted out by a DRO.  My SO was a rating specialist for the VA for 20 years before becoming a SO.  We used to argue as to whether the adjudicators where just plain liars or where they grossly incompetent.  My SO argued that at that time the VA had very undertrained adjudicators who think they can do anything. By the way the DRO verbally explained to me at a hearing that the previous team that worked my claim made many serious errors.  He did not put that in the written decision although he undid 8.5 years of bull-hit when he made the award.

Hoppy

100% for Angioedema with secondary conditions.

<{POST_SNAPBACK}>

Jim,

I do not know what to tell you about missing records. I did have a similiar problem with post servcie records. Approx. fifteen visits to the ER for emergency life saving treatment were lost by the VA hospital. I was told that my records were destroyed in the 1994 Northridge earthquake. The hospital basement was flooded by broken pipes. Five years later I casually mentioned to a records clerk at another hospital that I was told my records were destroyed by the '94 earthquake. The records clerk got really upset because she worked at the hospital after the earthquake. She said they went to great expense to save the records and that only a page or two would have been blurred. She took it upon herself to find the records. Six months later she sent me the missing records. They were important to my case by showing continuity of treatment post service. Hopefully, you will find someone here who can give you better advice or get lucky as I did when I found my missing records.

Hoppy

100% for Angioedema with saecondary complications

[Guest Jim S.]

;) I was in town today and stopped by my DAV SO's office to see if their is any thing new to report, I really wasn't expecting anything and that is pretty much what I got.

It appears either I have given my SO more credit than is due or I'm getting ahead of myself. He says that he has sobmitted my claim for CUE on the 2004 filing. This doesn't sound right to me, since I withdrew that clam because they wouldn't look at it as a De Novo review, rather than the opening of the claim with new and material evidence, they took it for. It was for this reason I withdrew that claim and submitted a CUE claim. But the VARO went ahead and ruled on the claim as a claim to reopen with new and material evidence, which they denied. I hope this makes since.

Now it appears that they think I am claiming CUE on this claiim to reopen instead of what I was trying to do. I was submitting a CUE claim on my claim back in 1974 and subequate claim in 1979. I guess I will have to prove my claim in 2004 and then submit a CUE claim for a EED. that is if I win my CUE claim.

Granted that since 1974 I have more evidence to support my claim, now that it is 2004 so maybe this is a good thing. I guess I will just have to wait and see what develops and all.

More updates to come in the future.

Jim S.

[Guest Berta]

Hoppy -that is quite an interesting post-

when I started at hadit many years ago I made the statement that adjudicators cannot make medical decisions and a member blasted me by email and at the board-best he ever got was 10% as far as I know and might have let a lot of VA BS slip by him in the SOCs he got-

well- of course you and I are right-but

what they CAN do is manipulate medical statements from their doctors.

Then they state this erroneous information in the SOC like it is the Holy Grail-

A claimant should ALWAYS get a copy of C & P results and any VA med opinion to see what it really says.

I found in my c file 2 medical reports from 1995-1996- one was totally supportive of my claim in 1995-3 months after I had filed the claim (and of course they said they never got this and the doctor had retired)

the other report was manipulated in an SOC and then in an SSOC and the actual report was nothing like it.

Like a dope I never ever asked for a copy in 1996. I called the VA doctor last year and he remembered the case ,said he still had a file on it and seemed to be reading from the actual report- that is when I got my c file and there it was-manipulated - that was easy for them to do that-they had failed to give this VA doc my husband's autopsy which made many of his statements moot and also bizarre.

He found out from my call that an autopsy had been done.And then he supported my present claim. This was by phone.But I have 2 IMOS already so dont need his-

I am beginning to realise that most vets will have an endless SOC experience unless they get a strong private medical opinion right from the git go.

A solid $2,000 IMO can be absorbed by one TDIU 100% rate check.

And many IMOS are not that expensive.

I dont know if Dr. Bash has been mentioned yet on the new board-

http://www.veteransmedadvisor.com/list.html

He can often assess the case and give a IMO cost by phone or by email.

[Guest Jim S.]

Berta: this is saying nothing bad about Dr Bash, I tried him, but he doesn't do psychiatric evaluaations and the Psychiatrist he refered me to wanted to charge me $3,00.00 for an evaluation of my medical history.

Now to some that may not sound like very much and could easily be covered by a couple of months worth of back pay, should an award be in my favor, but I am on SSDI and the two things of value I own are my little pickup and my home and I cannot afford to barrow money on either at the moment, besides my pickup isn't worth that much and my mortagage payments now are almost to high for me to afford.

It seems every time I get a little saved, either the vehicle needs repairs or the house does and no I do not have any friends or family that could well afford to lend me the money and payments on a small loan would take money away from my living expenses I could ill afford either.

I'm sorry I had to say something, it is easier said than done, And like me, other vet's would probably prefer to have a roof over their head and provide their own transpertation than hope the VA will finally see things their way. even if you could stack the deck in your favor.

Jim S.

[Pete53]

Dr Bash has an overall good track record and has helped several Vets who come to this Board. I know one Veteran that complained to me about him and it was mostly an issue of how long it took to get the opinion he paid for.

Its to bad that he does not do Psychiatric Claims but that may be helped by some investigation. Almost any SO with any credibility would have some one to refer you too.

My Psychiatric Opinon cost $ 300 Cash and it was the best investment I ever made.

[john999]

I was looking at my initial claim for SC back in 1972. My attending physician said that I was unemployable. The VA never considered that at all and said employment was not an issue. I got 10% back in 1972. The VA just ignored every aspect of what my doctor said. I feel like sending in a CUE and just see what happens.