Question About Ogc

[Rockhound]

If a Veteran has a question about VA Law, can he ask for an opinion from the OGC, concerning certain aspects of his claim, that may show that the VARO, AOJ, failed or misapplied certain statutroy and/or regulatory prenciples in his original claim, but does not meet the complete terms of CUE, as to how the Veteran may correct these errors, so that his original claim can be properly adjudicated for disability and compensation?

Rockhound :)

[Berta]

You can write to and ask the General Counsel to address a legal question issue-but

I dont know how you would make out though-

legal questions issues involve impacting on more than one specific claimant.

I have a legal question issues claim-it involves and would impact a specific class of claimants-hundreds - not just me- I filed it 5 years ago and the VA has yet to decide it-

they really cant -it involves a legal question.

I thought they would send the claim to the OGC-but they didnt- so I did-

The OGC responded that they dont have jurisdiction yet-last year-

I have no decision and the RO has not asked them for a legal opinion yet.

Ironically this claim is at the OGC now-due to a different matter-but the GC attorney will give me input into that soon-

I will post here what he says-

if the OGC story is still the same- no decision yet so no jurisdiction- I will file a Writ of Mandamus.

You can call the OGC 1-202-6660 and ask for an attorney to help you but I think your question would have to involve a lot more claimants that just you.

Have you read all of their opinions at their web site? they might have answered your question already-

VA fails to apply statutes and regs all the time-

as the BVA decisions at their web site show.

[Pete53]

Go Berta Go!!

A Writ of Mandamus is where the rubber meets the road!

Good Luck.

Rooting for you cause I know it is starting to dawn on them that not everyone is going to just lay down and take there pathetic attemps to not play fair with a Veterans Widow.

[Berta]

Pete- I think I can satisfy the requirements for this writ as I have done all I can to get this claim resolved-

a claimant must exhaust all administrative remedies possible.

I have evidence that I did that.

But the proper award on what they have pending now- will make this claim moot-

so I might not even need to file Writ-

otherwise I would have filed it at the 4 year mark.

[Rockhound]

I don't know if my question is asked by others in a similiar situation or not, I do know that their are probably a number of Veterans who where saddled with a PD without the proper procedures addressed when they used the PD as an alternate diagnosis and their basis to deny Veterans their right to SC disability and compensation.

If it isn't CUE when they deny your due process rights and failed to apply the statutory and regulatory procedures in a change of diagnosis further failing to show certification of that change by a physician(s) How is one to show error in the decision administratively speeking.

Why then must Veteran(s) seek out a seperate medical opinion, that has already been given by the Military Medical board and for which Veteran(s) was medically discharged for, especially that of a mental disorder, to refute facts that are not in evidence, in the report by the VA's own Examiner.

Berta: Thanks for the OGC number, but you left part of the number out. 1-202-6660

Should have been 1-202-273-6660

I hope this make since, I got up this morning and got ready to go into town, only to find out that I am a day ahead of myself. Having a bit of trouble keeping track of time with the doubled psych medication. At least I am not running behind schedule. LoL

Four or five years seems an alful long time to get an answer back on a question of Law.

Rockhound :)

Edited January 23, 2008 by Rockhound

[cowgirl]

Rockhound; thats a valid question. Is there a way you can contact a CONGRESS person for help? Its possible that there is a local or state Veterans Representative that can help you out. I want to see you get whats due, sounds so clear cut to me. I too wish you had more local VSO and VA support to help with this issue, seems and sounds like its long overdue. Best to ya, cg

I don't know if my question is asked by others in a similiar situation or not, I do know that their are probably a number of Veterans who where saddled with a PD without the proper procedures addressed when they used the PD as an alternate diagnosis and their basis to deny Veterans their right to SC disability and compensation.

If it isn't CUE when they deny your due process rights and failed to apply the statutory and regulatory procedures in a change of diagnosis further failing to show certification of that change by a physician(s) How is one to show error in the decision administratively speeking.

Why then must Veteran(s) seek out a seperate medical opinion, that has already been given by the Military Medical board and for which Veteran(s) was medically discharged for, especially that of a mental disorder, to refute facts that are not in evidence, in the report by the VA's own Examiner.

Berta: Thanks for the OGC number, but you left part of the number out. 1-202-6660

Should have been 1-202-273-6660

I hope this make since, I got up this morning and got ready to go into town, only to find out that I am a day ahead of myself. Having a bit of trouble keeping track of time with the doubled psych medication. At least I am not running behind schedule. LoL

Four or five years seems an alful long time to get an answer back on a question of Law.Rockhound :)

Edited January 23, 2008 by cowgirl

[john999]

Many of us push the idea of getting a IME because it is such good evidence. We are talking about time as being a factor. When you argue with the VA about rules and regulations and law it is sometimes like hitting the Tar Baby. First your right fist gets stuck; then your left fist; then your right and left feet; and then your head, and the Tar Baby does not feel a thing. A good IME can just override and undo so much damage. It focues the feeble mind of the VARO and can get you a shot at a good decision in the not so distant future.

Rockhound

What happened with the VA changing your diagnosis is outrageous, but how to fix it during your mortal lifetime is the question? They have done it to me many times in the past. Once just because the C&P doctor said my meds were wrong for Bi-polar, so I could not possibly be bi-polar. He said schizophrenia so I got a doctor to say my alleged schizophrenia was much worse. I got the increase. Even after I got SC for a mental condition the VA kept trying to use a PD diagnosis every chance they got even up to the present time. They did challange my CUE saying I was a PD after 35 years of being SC for depression, anxiety etc. I know you can't afford a high priced IME or IMO, but some doctor will write something for you if you persist. No doubt in my mind you were screwed by the military and the VA. If it happened to you it happened to thousands of others, so there is a way as yet undiscovered to get you compensated. I got thrown out on a personality disorder and through a hospitalization early on I got 10% SC for a mental disorder. That did open the door and that is all you need is a crack in the door. If it was me I might get myself as in in-patient and let it all hang out for a few weeks. The system is not rational but it does thrive on paperwork as measured by the pound.