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Ro Never Ceases To Amaze Me.

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jbasser

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  • HadIt.com Elder

Hi Folks, I have been involved with a 15 year old battle with the VA over several issues. I am not going into the total detail as the elders know most of the story.

I was service connected for cervical DJD/DDD in 2003 and I sent in a NOD for radiculopathy of the nerves for the left arm and shoulder.

The VA also service connected my left phrenic nerve.

That gave me a 70 percent rating. I had filed for a Paralyzed left diaphragm with Pulmonary hypertension secondary to the Cervical spine and it was denied. I send in the old form 9 and it has been kicked around at the RO for 24 mos. I also appealed an IU denial for the same purpose.

I started reading the information again and I saw a report from a VA pulmonary doctor that said my Lung conditon was a result of the cervical spine. Then I noticed the phrenic nerve and found out it controls the diaphragm movement. I contacted the RO By Iris and by phone and sent the Report to them, Mail and Fax.

The Iris reply was they would look into it. I even offered to drop the appeal.

I get a letter in the mail and it says this. We have received your request for increase.

I no longer can get upset, I am just plain numb over this entire mickey mouse system. Are they really that dense?

My VSO cant even figure it out and he is a retired RN.

The DAy the phrenic nerve was service connected the diaphragm and PPH should have been 100 percent P@T.

I know what they are waiting on but I plan to live a long time.

Edited by jbasser
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jb - this stupid generic "we have received your claim for increase" is just that a stupid generic response to most correspondence sent in by veterans. The computer will pick up the input of something new sent in by the veteran and spit out one of those we got it letters. Happens all the time with me as I have provided new evidence to my pending claims.

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"I know what they are waiting on but I plan to live a long time"

I hear you there loud and clear-

Did you get legal VCAA letters and election notices when you filed these claims?

"I send in the old form 9 and it has been kicked around at the RO for 24 mos. I also appealed an IU denial for the same purpose"

Did you follow the I-9 template that I put here at hadit quite some time ago?

I discussed this carefully with Ron Abrams of NVLSP-

I followed the advise of NVLSP to the letter-on my I-9.

months later I talked to Ron again and told him I got a remand in a matter of weeks-

raised legal error to the BVA on the I-9 and then in separate letter-he thought that was great-

The I-9-just like a NOD- if carefully prepared can turn a claim around.

My I-9 turned around one of my husband's claims I re-opened-

I typed the opening statement on page one (hit them hard one Page one of the I-9-I dont think they read additional pages often)and got the VBM recommended statement under the hearing request part (not much room)

I typed this all in Word first, cut and pasted onto the blank I-9 and then scanned it and copied it.

and used the

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berta is this the post you are talking about http://www.hadit.com/forums/index.php?showtopic=10266

"I know what they are waiting on but I plan to live a long time"

I hear you there loud and clear-

Did you get legal VCAA letters and election notices when you filed these claims?

"I send in the old form 9 and it has been kicked around at the RO for 24 mos. I also appealed an IU denial for the same purpose"

Did you follow the I-9 template that I put here at hadit quite some time ago?

I discussed this carefully with Ron Abrams of NVLSP-

I followed the advise of NVLSP to the letter-on my I-9.

months later I talked to Ron again and told him I got a remand in a matter of weeks-

raised legal error to the BVA on the I-9 and then in separate letter-he thought that was great-

The I-9-just like a NOD- if carefully prepared can turn a claim around.

My I-9 turned around one of my husband's claims I re-opened-

I typed the opening statement on page one (hit them hard one Page one of the I-9-I dont think they read additional pages often)and got the VBM recommended statement under the hearing request part (not much room)

I typed this all in Word first, cut and pasted onto the blank I-9 and then scanned it and copied it.

and used the

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  • HadIt.com Elder
"I know what they are waiting on but I plan to live a long time"

I hear you there loud and clear-

Did you get legal VCAA letters and election notices when you filed these claims?

"I send in the old form 9 and it has been kicked around at the RO for 24 mos. I also appealed an IU denial for the same purpose"

Did you follow the I-9 template that I put here at hadit quite some time ago?

I discussed this carefully with Ron Abrams of NVLSP-

I followed the advise of NVLSP to the letter-on my I-9.

months later I talked to Ron again and told him I got a remand in a matter of weeks-

raised legal error to the BVA on the I-9 and then in separate letter-he thought that was great-

The I-9-just like a NOD- if carefully prepared can turn a claim around.

My I-9 turned around one of my husband's claims I re-opened-

I typed the opening statement on page one (hit them hard one Page one of the I-9-I dont think they read additional pages often)and got the VBM recommended statement under the hearing request part (not much room)

I typed this all in Word first, cut and pasted onto the blank I-9 and then scanned it and copied it.

and used the

Berta, I did receive the VCAA election letter in December 2006.

I did file the form 9. The latest Info I had was a travel board hearing had not been scheduled yet.

That was sent in Jan 2007. This is a very complex case as I appealed, Filed a previous cue claim, Filed for an earlier effective date based on the Rin AM015.(Newly discovered service records).

My VSo tole me I could not file a CUE claim. I asked him to show me the reg that says I cant.

I told him I could file a CUE on a final decision and show the regs the VARO failed to use in order to frivously deny a claim.

Edited by jbasser
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