My Claim is 5 years 2 months old and counting, from Cleveland Regional Office. As many of you know, the VA is to:
, “VA is ‘to fully and sympathetically develop the veteran’s claim to its optimum before deciding it on its merits.’â€ン Roberson, 251 F.3d at 1384 (quoting Hodge v. West, 155 F.3d 1356, 1362 (Fed. Cir. 1998))
However, The VARO in Cleveland instead choose to deny my Service Connection for hearing loss, then ignore my informal claim for Depression and TDIU. Upon my Successful appeal through the BVA I was awarded a
"complete grant of benefit sought" 3 weeks later the Cleveland RO "implemented" the BVA decision as follows: They defined "complete" as meaning zero% SC for hearing loss and NEVER mentioned claims for Depression, TDIU, or Tinnitus.
A couple years later, after filing for increases, they decided to add depression, and NSC unemployablility (pension), and tinnitus, but NOT to award REtro except to the date of the BVA decision, not the original claim date. The Third RO decision was also flawed in that a) it omitted diagnostic codes B) cited documents not listed as evidence but DID award 40% SC as follows: 0% hearing loss, 10% Tinnitus, 30% Depression secondary to hearing loss. They listed me as single while I am married with 3 kids.
Now I am waiting on another RO decision (for TDIU and increase in depression as well as dependent back pay)
My question is: What can I do to Force the REgional Office to comply with the BVA mandate, "complete grant of benefit sought". I have a lawyer who has agreed to take the case, on a 20% contingency, but hav e not returned the signed paper to the lawyer yet. Reason: I keep thinking any minute the VARO in Cleveland is going to get their act together and do what the BVA said, and award 100% (complete) bennies. I really dont want to pay a lawyer for stuff I have already done. I have been told that my 5 year 2 month old claim is "with top level management" at the VARO in Cleveland. Any suggestions? Thanks.
Question
chess
My Claim is 5 years 2 months old and counting, from Cleveland Regional Office. As many of you know, the VA is to:
, “VA is ‘to fully and sympathetically develop the veteran’s claim to its optimum before deciding it on its merits.’â€ン Roberson, 251 F.3d at 1384 (quoting Hodge v. West, 155 F.3d 1356, 1362 (Fed. Cir. 1998))
However, The VARO in Cleveland instead choose to deny my Service Connection for hearing loss, then ignore my informal claim for Depression and TDIU. Upon my Successful appeal through the BVA I was awarded a
"complete grant of benefit sought" 3 weeks later the Cleveland RO "implemented" the BVA decision as follows: They defined "complete" as meaning zero% SC for hearing loss and NEVER mentioned claims for Depression, TDIU, or Tinnitus.
A couple years later, after filing for increases, they decided to add depression, and NSC unemployablility (pension), and tinnitus, but NOT to award REtro except to the date of the BVA decision, not the original claim date. The Third RO decision was also flawed in that a) it omitted diagnostic codes B) cited documents not listed as evidence but DID award 40% SC as follows: 0% hearing loss, 10% Tinnitus, 30% Depression secondary to hearing loss. They listed me as single while I am married with 3 kids.
Now I am waiting on another RO decision (for TDIU and increase in depression as well as dependent back pay)
My question is: What can I do to Force the REgional Office to comply with the BVA mandate, "complete grant of benefit sought". I have a lawyer who has agreed to take the case, on a 20% contingency, but hav e not returned the signed paper to the lawyer yet. Reason: I keep thinking any minute the VARO in Cleveland is going to get their act together and do what the BVA said, and award 100% (complete) bennies. I really dont want to pay a lawyer for stuff I have already done. I have been told that my 5 year 2 month old claim is "with top level management" at the VARO in Cleveland. Any suggestions? Thanks.
Link to comment
Share on other sites
Top Posters For This Question
4
2
1
1
Popular Days
Oct 5
7
Oct 6
2
Oct 7
1
Top Posters For This Question
Ricky 4 posts
chess 2 posts
Pete53 1 post
Berta 1 post
Popular Days
Oct 5 2007
7 posts
Oct 6 2007
2 posts
Oct 7 2007
1 post
9 answers to this question
Recommended Posts