Whats Next Step?

[donews]

Thank you in advance for reading and replying!

I have my latest Rating Decision & Statement of Case here in front of me. I am digging into it for the information I need to appeal the mistakes.

This is the Adjudicative Actions so far:

03-28-2005 Claim Received.

03-30-2006 Claim considered based on all the evidence of record.

03-31-2006 Claimant notified of decision.

03-21-2007 Notice of Disagreement received.

04-30-2007 Appeal Election Letter sent to appellant.

06-28-2007 De Novo Review election received from appelant.

12-17-2007 De Novo Review performed based on all the evidence of record.

Ok, so the querstion is:

Can I use a NOD or Request for Reconsideration to disagree with the rating and EED, or do I have to take the big step and go on to the BVA?

• I am not appealing the actual SC, they did give me SC for all except one of the conditions requested.
  
• I am appealing the fact that they gave me SC because of "Aggrivated by" instead of "Secondary to or Caused by", which I believe makes the difference between having it added to my combined rating and getting the 0% they gave me.
  
• I am also appealing the % of rating they used 60% when figuring the aggrivation factor, and it should have been 100%. I meet the 100% guidelines.
  
• Then lastly I am appealing the EED becaue I am also appealing the DMII EED that this is connected to.
  
  Donewsome
  

[Ron II]

I have no answer for your question, but I do want to compliment you on the manner in which you presented your situation. Reminds me of SGT Joe Friday on "Dragnet" back in the 50ies--"Just the facts Ma'mam;" nothing but the facts."

It also reminds me of NCOERs and after action reports...

Edited January 22, 2008 by Manitou Sprgs

[Ricky]

On anything they issued a new rating decision on you will have one year and must be appealed via a NOD. If it was in your original rating decision and the denial is continued in the SOC then you must appeal to the BVA via a Form 9 WITHIN 90 DAYS OF THE SOC.

[Berta]

"Can I use a NOD or Request for Reconsideration to disagree with the rating and EED, or do I have to take the big step and go on to the BVA?"

Don I thought I made some strong points here already as to filing-in your case- a Reconsideration Request-

check the older pages for the posts under your topics-

You can file eithe NOD or Recon Request- but the Recon request-if they do not resolve it within one year after the decision- in that case you still must file a formal NOD-

Did you get a VCAA letter and election notice- when you first filed this claim?

Did you get anything in whch to request a DRO review?

I suggest you get a vet rep from any of the orgs who has an office right in the RO you deal with-

give him/her printoffs of my Reconsideration posts-

if they need to contact me we can arrange that-

tell them I have expertise in Nehmer-

I dont see too many claims like yours that really should be properly done by the VARO right away-due to their errors-especially since NVLSP got on their case for proper Nehmer awards long ago-

It is my position that NO claim should ever get to the BVA-

I like the BVA_ they are lawyers and they know how to read.

BUT- high level GS fed employees at VAROs get paid good money to do this stuff right at the RO level-the first time around-

the BVA would see so many errors here at this point that your claim would-after getting a docket- etc-maybe 1-2 years down the road -only be remanded to the RO for them to sit on their thumbs with it waiting for them to do it all over again.

As the Washington Post stories told us years ago-

Knight Ridder series on VA-

a Remand is a Re-do at the expense of taxpayers and at the cost of the waiting games for disabled vets who sometimes die waiting.

[Jim MAC]

I don't know if this will help you or not but this is what I did. Fill out the form 9 for the appeal. Then write a letter asking for a DRO hearing. At my DRO hearing I won 3 of the 4 claims,

Jim

[donews]

"Can I use a NOD or Request for Reconsideration to disagree with the rating and EED, or do I have to take the big step and go on to the BVA?"

Don I thought I made some strong points here already as to filing-in your case- a Reconsideration Request-

check the older pages for the posts under your topics-

You can file eithe NOD or Recon Request- but the Recon request-if they do not resolve it within one year after the decision- in that case you still must file a formal NOD-

Did you get a VCAA letter and election notice- when you first filed this claim?

Did you get anything in whch to request a DRO review?

I suggest you get a vet rep from any of the orgs who has an office right in the RO you deal with-

give him/her printoffs of my Reconsideration posts-

if they need to contact me we can arrange that-

tell them I have expertise in Nehmer-

I dont see too many claims like yours that really should be properly done by the VARO right away-due to their errors-especially

My apolagies Bertha you did point that out.

I have not filled out a VCAA response to this particular Rating Decision yet.

I think I will use the NOD format and ask for a meeting with the DRO, as it was a DRO that gave me this SC in the first place. I had called the RO to ask if the DRO was going to contact me about this claim and they said your decision is finished and just waiting for signature. 2 Weeks later (Jan 8th) I got the Rating Decision.

I just feel that once I can show the evidence that my DMII predates my 1st Heart Disease by at least 16 years and that I have Chronic Congestive Heart Failure instead of just Congestive Heart Failure, they will either Rate me the Difference Between 60% and 100% or they will make the SC for "Caused by" instead of "Aggrivated by". Unless I am mistaken that is the difference between having them add the SC Heart Disease into my combined rating instead of the 0% they gave me.

I will check on an Vet Rep in the RO office, but that is about 3-4 hours from my home.

[Berta]

I have many reps with offices at the Buffalo VARO building who I never saw during entire process of my past claims or even during my present claims-I dealt with them via email and also with the closest POA office.

You dont really always have to meet them one to one-

I think most of the vet orgs handle the bulk of their claims by mail and phone-

One to one however is good because they can take the time to look it all over while you are there-

are you close to any vet org at all which would have a contact person in their offices at a RO?

Whichever way you feel is best- will be the best way to support this-

"I just feel that once I can show the evidence that my DMII predates my 1st Heart Disease by at least 16 years and that I have Chronic Congestive Heart Failure instead of just Congestive Heart Failure, they will either Rate me the Difference Between 60% and 100% or they will make the SC for "Caused by" instead of "Aggrivated by". Unless I am mistaken that is the difference between having them add the SC Heart Disease into my combined rating instead of the 0% they gave me."

I have seen many DMII vets who get their first DMII diagnosis at the C & P- DUH! Then the VA uses that as their EED DOuble DUH!

They might have years of private med recs for the DMII that VA doesnt have or didnt consider- and then if they have heart disease- the VA tries to say the heart disease predated the DMII--- triple duh-in some cases-

Medical evidence of a direct association of DMII to eventually causing

heart disease is what these claims need.If there is no DMII association than "aggravation of" can be the way to go-

you sound like a good service rep yourself!

Looking at this all in every way possible-

dont forget all- you can raise many reasons for service connection-

I supported three separate reasons in 3 separate claims-with medical evidence for each specific to each reason-that the VA should directly SC my husband's death.Once they properly award one of them-the other claims will be moot issues.I am not wasting time from any other claimant- they are focusing on the main SC claim and if they deny that one then they have to consider the other ones.

I completely agree with your take on the CAD-heart claim- and even the SSA award is solely for heart disease right?

You and your son have done such a great job so far---

it is the VA that has messed up here.