Advice Please

[rdawg]

so I'm back in the game. my frustration level just about made me quit.

but I digress...

here is the question

can i ask for a reconsideration, based on new evidence?

originally filed 30mar06

denied twice

filed nod 28nov06

obtained imo (bash) 05jan07 his opinion-- condition is due to service -- hand carried to ro got date stamped copies.

been waiting for a denovo review

don't think it's going to happen anytime soon

If I withdraw my nod and ask for rsconsideration will it go any faster than waiting for a denovo review?

Is there any other advatage to waiting on the review or going back to the rating board?

thanks for the advice.

and thanks for not acknowledging my rant on the other topic. I felt better but also guilty for losing my temper.

rdawg

Will it go back into development?

[rdawg]

An IRIS response confirmed reciept of IMO. If they try to pull something I have date staped copies because I hand carried it.

I have the American Legion. The SO died over Christmas in a motorcycle accident. I got the IMO on Jan 5th and the SO would not return my calles so I just took the evidence in myself. The secretary of the old SO is now th SO. She is very nice and tries to be helpful but I'm not sure she is fully on board yet. She says she has reviewed my evidence but when I mention the IMO from Dr. Bash she reads back to me the statement from my chiro(one paragraph, at least as likely as not) that the RO originally denied me on.

I have a contact at the VA. She said I'm number 594 and they are working on number 87 so it should be a couple of more months.

My thing is Dr. Bash also opined on other issues, one being a fractured toe that has arthritis. I put in for those other issues on with his IMO and a statement in support of claim requesting SC on Jan 5th also. Those other issues are not being worked on now b'cause of the appeal. I'm really looking for SC on anything so I can start a business and I think the toe would be a slam dunk. Xray evidence of the fracture in service, it's listed on my seperation exam, xray evidence post service, no intercurrent injury and a favorable IMO.

Thank you for responding Berta. What do you think is my best route for SC? Wait out the DRO or ask for a reconsideration based on my IMO so that all issues will be looked at.

rdawg

[Pete53]

Rdawg:

Glad that you are back in the game. You have some good ammunition and Hadit can help. Never give up.

Sometimes it is therapeutic to spill your guts and get out on paper something that is bothering you. The real beauty of Hadit is that you find out that you are not alone and that the VA is not personal in the way they jack around Veterans. They do it to almost everyone.

The bad thing is the longer you have been out of the Service the more hoops you have to jump. The good thing is that fot the most part you can go back a long time and eventually establish benefits.

If Dr Bash thinks you have a case than you will win.

Don't give up.

[Berta]

"Thank you for responding Berta. What do you think is my best route for SC? Wait out the DRO or ask for a reconsideration based on my IMO so that all issues will be looked at."At this point I would say wait out the DRO-the DRO will only have jurisdiction over the issues on appeal-and the medical evidence that supports them-the other issues should be raised separately.I am surprised that a Sec got a SO or vet rep position- they have to be fully trained and accredited with VA to become reps or SOs.If Dr. Bash was able to medically overcome the doctor's statement that they denied you on- at some point you should succeed.It is impossible to know when.

Edited August 13, 2007 by Berta

[tssnave]

Rdawg,

You stated: "I'm really looking for SC on anything so I can start a business..."

What does being service connected have to do with starting a business? Is there some special category for getting government contracts if you are a disabled vet? That's just a guess. I am interested in your reasoning and the connection between being sc for a disability and starting a business.

Thanks,

TS

[rdawg]

yes...as a veteran your business that you own 51% of is eligable for 3% of govt. contracts. It's called a VOB Veteran owned business. The govt sets aside 3% of it's contracts for VOB. If you are a SDVOB Service disabled veteran owned business there is another 3% set aside making your business eligable for 6% set aside govt contracts. All agencies are having trouble meeting the 3% SDVOB goal. I think VA is the highest with just under 2% of contracts being awarded to SDVOB. A 0% rating qualifies your business. There is no minimum rating required to qualify.

[Pete53]

So if I started a business and own 51% it would qualify for set asides? At the present time I have been thinking along the lines of starting a business and hiring two of my sons to provide IT Services.At the present time they both work in IT at a pretty good sized companies and are whiz's at fixing problems with all kinds of computer stuff.

Now the question is who do you talk to at VA and can you just operate a small business as something like Pete53's Computer Company?

My experience in the past was nothing really worked like it was supposed to for disabled Veterans. I would be the owner but would be passive and basically try to set up something for wife and kids if I pass. Also would Mrs Pete be able to keep the Set Aside Preference. I hate to waste your time but you seem very knowledgeable on this subject and I would appreciate some input.