Nyro (what Are My Options?)

[JSM754]

Hi,

I know that if no one else replies "Berta" will.(Berta please review and Reply). Anyone who can advise and help please do so. My Motion for Reconsideration has been Granted, and as of 16 July 2007 it is now before the Expanded Reconsideration Panel. I've only won Half of the Battle, and now all I can do is await the Final Decision. I would be lying if I didn't admit that I am Thinking the Worse and Praying for the Best. There is no doubt in my mind that what has been done to me, has also been done to other Veteran's,I just have refused to go away. In addition to which I refuse to allow the NYRO (245 West Houston Street) to try to Cover their Butts at my or any other Veteran's Expense. If this has happened to me, at some point it will happen to you. If you want to Review the BVA's Decision the Docket Number is 00-13-664. Keep in mind that the Dispute has nothing to do with Percentages,Ratings because all had already been resolved. The Dispute amounts to nothng more than "DATE OF CLAIM" as it Pertained to my Cervical Spine Condition.

Here is the Scenario, and is probably what led to my Motion for Reconsideration to be Granted:

*The NYRO allowed my Cervical Spine Condition to remain (by their Admission) in an Open and Active Appeal Status unresolved for 13 Years. They did not Dectect and Admit their Error until they had already Granted P&T IU. Which I had not Applied for until July 2002. After they granted 3 different Effevtive Dates the last being 10 March 1998. At this point the NYRO is making IU an Issue. Realizing that there was no way in Hell I wasn't going to go away the DRO(Joe CORRETJA) and the Congressional Liasion from Hell Joanne Hurley and their knowing that the NYRO would have one Hell of a problem, so let the BVA make the Decision.

After admitting that I was indeed right and that my Cervical Spine Condition was indeed still in Open Appeal Status with an Effective Date of 1 June 1991. Trying to make this long story short this what the NYRO resorted to:

1. On 8 September 2004 they Certified my Case as Appeal Ready for BVA Review, with the Evidence of Record showing VA Form 8 signed by the DRO (Joe Corretja)

2. On 4 October 2004 the NYRO sent a SSOC (SOC dated 27 January 1995), Included was a Cover Letter that the my disagreement for an EED having an Effective Date of 1 June 1991, which I had Contended all along.

3. On 12 October 2004 the NYRO responded to my Request that they Correct their Error which they Denied, taking the position of letting the BVA make the Decision.

Just when you think it couldn't get any worse, it indeed does. Because I needed to submit a Statement to the BVA, his is when I found out the Docket Number. I knew I had a problem, and it did not come as a surprise when the BVA handed down a decision dated 14 March 2005 denying my Claim. So much for "All Evidence of Record has Been Considered. I knew some thing was not right, I just had to prove it. It just so happens that I applied for SSD and Binder&Binder needed Specific documentation from my C-File, which was and still is in Case Storage in D.C. Under the Freedom of Information Act I was sent a Copy of my Entire C-File. (1,156 Pages) The first thing I find is a VA Form 8 unsigned by the DRO (Joe Corretja) and dated 11/16/2004 that had not been Certfied for the Board. No matter how you slice it I got Screwed. The NYRO took away my Right to a Fair and Unbiased BVA Review.

I'm going all the way no matter the Cost. Help by telling me what to do??? What you are reading now is exactly what I argued in my Motion. Help Me Please!!!!!

[Pete53]

JSM:

Looks to me like you have a full grasp and are managing your case well. The main thing is at least you have 100% now and have money coming in every month. Hopefully, you will prevail and get paid back to 1991.

I lost 27 months cause of VA tricks so I know a little about what you are going thorugh. I wish you the best.

[Berta]

"My Motion for Reconsideration has been Granted, and as of 16 July 2007 it is now before the Expanded Reconsideration Panel. I've only won Half of the Battle, and now all I can do is await the Final Decision"

That tells you that all you can do at this point is to wait.

Did you call the BVA -as I suggested before-to ask them if you needed to send them anything else?

The docket number is not coming up at the BVA search-do you have the citation number?

I have no idea what the BVA will do -regarding all this-

I also have an open issue claim filed 4 years ago-regarding a claim filed 13 years ago by the veteran which I re-opened after his death.

The VARO upon receipt etter from me- regarding this claim-said it had been decided as part of my 1998 award under 1151.in 1998.

If that is the case, and this came stated in writing came from the VSM, I raised next issue-so where is the direct SC death award for my husband's death?

and where is the refund of all of my offset money under FTCA?

This is in addition to my AO death claim.

This appears to have prompted a Motion before the BVA in my behalf filed by the RO itself-a year ago August.

I have no idea of any status nor do I even think about it as- without a decision on that from the BVA-there is nothing I can do-

As I mentioned before BVA is user friendly-

the law clerk had this Motion and asked me what claim I had at BVA in the past that the RO filed to Motion on?

I think it was an older CUE denial I had-

there was something there that raised this open 1151 issue-

Unfortunately I do not believe the BVA can even act on the VARO motion because VARO failed to identify the BVA decision-it was filed on-

I could certainly find it but why bother- this is only more ammo for me to challenge any additional illegal or erratic decisions from this RO-

I appreciate that you dont know what the outcome of the reconsideration will be.

I sure dont know what you can expect.

You will still have full appeal rights, I believe, if you dont like the reconsideration results.

I certainly can understand your position and that the BVA obviously saw something that caused the reconsideration motion to be granted.

I dont know what they or what you should do next.

The BVA will determine that.You would still have appeal rights at the CAVC and also the BVA could even remand the claim to NYRO for further development based on their decision.

My husband, me and even my daughter as veteran have had every single claim we ever filed denied-

then they were all awarded - not to include the ones I have at RO now and after 4 1/2 years I actually expect my medical evidence will be thoroughly reviewed.

If a veterans or widow feels they are right legally on any position they take against a VA decision-they certainly should do what you did and fight it diligently throughout the appeal process.

[JSM754]

JSM:

Looks to me like you have a full grasp and are managing your case well. The main thing is at least you have 100% now and have money coming in every month. Hopefully, you will prevail and get paid back to 1991.

I lost 27 months cause of VA tricks so I know a little about what you are going thorugh. I wish you the best.

Hi Pete,

I've had money coming in since 1990, which is really not the point. I want someone held accountable, truth be known I really want someone's Job that is how angry I am. What they have done is not only wrong but was done intentionally.

JSM754

[JSM754]

"My Motion for Reconsideration has been Granted, and as of 16 July 2007 it is now before the Expanded Reconsideration Panel. I've only won Half of the Battle, and now all I can do is await the Final Decision"

That tells you that all you can do at this point is to wait.

Did you call the BVA -as I suggested before-to ask them if you needed to send them anything else?

The docket number is not coming up at the BVA search-do you have the citation number?

I have no idea what the BVA will do -regarding all this-

I also have an open issue claim filed 4 years ago-regarding a claim filed 13 years ago by the veteran which I re-opened after his death.

The VARO upon receipt etter from me- regarding this claim-said it had been decided as part of my 1998 award under 1151.in 1998.

If that is the case, and this came stated in writing came from the VSM, I raised next issue-so where is the direct SC death award for my husband's death?

and where is the refund of all of my offset money under FTCA?

This is in addition to my AO death claim.

This appears to have prompted a Motion before the BVA in my behalf filed by the RO itself-a year ago August.

I have no idea of any status nor do I even think about it as- without a decision on that from the BVA-there is nothing I can do-

As I mentioned before BVA is user friendly-

the law clerk had this Motion and asked me what claim I had at BVA in the past that the RO filed to Motion on?

I think it was an older CUE denial I had-

there was something there that raised this open 1151 issue-

Unfortunately I do not believe the BVA can even act on the VARO motion because VARO failed to identify the BVA decision-it was filed on-

I could certainly find it but why bother- this is only more ammo for me to challenge any additional illegal or erratic decisions from this RO-

I appreciate that you dont know what the outcome of the reconsideration will be.

I sure dont know what you can expect.

You will still have full appeal rights, I believe, if you dont like the reconsideration results.

I certainly can understand your position and that the BVA obviously saw something that caused the reconsideration motion to be granted.

I dont know what they or what you should do next.

The BVA will determine that.You would still have appeal rights at the CAVC and also the BVA could even remand the claim to NYRO for further development based on their decision.

My husband, me and even my daughter as veteran have had every single claim we ever filed denied-

then they were all awarded - not to include the ones I have at RO now and after 4 1/2 years I actually expect my medical evidence will be thoroughly reviewed.

If a veterans or widow feels they are right legally on any position they take against a VA decision-they certainly should do what you did and fight it diligently throughout the appeal process.

Berta, Berta, Berta

First and foremost, I have followed all of the advice you have given me. I intend to take this all the way. With that said it should not have gorten to this point. What angers me the most is the fact that the NYRO's Congressional Liasion (Joanne Hurley) who is the last Defense for the Veteran did absolutely nothing to make a wrong right. Tell me if I cannot sue the DVA can I sue the people I feel are at fault??

[huskerfanfl]

Berta, Berta, Berta

First and foremost, I have followed all of the advice you have given me. I intend to take this all the way. With that said it should not have gorten to this point. What angers me the most is the fact that the NYRO's Congressional Liasion (Joanne Hurley) who is the last Defense for the Veteran did absolutely nothing to make a wrong right. Tell me if I cannot sue the DVA can I sue the people I feel are at fault??

OK, you wanted options and you are angry. Find a lawyer and ask the lawyer who you can sue.

[JSM754]

OK, you wanted options and you are angry. Find a lawyer and ask the lawyer who you can sue.

Hi,

As of today I've gone beyond Angry. In calling the NYRO, I now find out that the Congressional Rep from Hell Joanne Hurley, is now in training for Rating Specialist. Just when I thought things couldn't get any worse.Although it really doesn't surprise me, because the more INCOMPETENT the DVA Employee is the Better they are able to jerk the Veteran. The NYRO said I could indeed File a Suit. Which is exactly what I think I just may do. It's easier to File against the people I feel are responsible than it is to File against than it would be to Sue the DVA as a whole. I am researching my options right now. It may not go anywhere, but if nothing else it will w/o a doubt put a spotlight on them and the NYRO. fAIR EXCHANGE AIN'T NO ROBBERY.

JSM754