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Va Stalling Tactics

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I really want to thank Hadit and the great group here for their help over the last yr and because of the knowledge passed to other vets I would like to let some of you know what the VA is doing with me.

The VA has tried several little favorite tactics to discourage and stall me.Here are some of them and it will show the importance of the Veterans careful planning and answering the VA to stop them from there favorite tactic STALL , and second DENY.

I am only sharing what has happened to me and what I have done in my claims. (32) not by choice, PN, IBD, Chronic Diarrhea, Hypertension Dry Eyes, Sleep Disorder, COPD, just to name a few of them .

Answer every VCAA letter, KEEP copies and MAIL Registered, Certified, return signature on everything.

a. The VA told my VSO that I did not answer a VCAA letter. I produced a copy of the letter , my return answer, and copy of signed Mail return......end of that battle.

b. They said I "have no evidence".

My Cfile is over 3 giant ring binders and loaded with SSOC, 21-4138, 3 lengthy doctors nexus, VA progress reports since 2001 , Government agency reports(BRAC, ADEC,EPA,US CORP OF ENGINEERS,US ARMY etc) Buddy Statements, BVA court decisions, Lay statements, all sent certified mail, return receipt copy.

C. The VA uses the CFRs and likes to choose the ones they try to deny a claim. There is usually a counterpunch to the CFRs. Such as Radiation Ionization CFR 38. 111 where the veteran just about has to be involved in a nuclear blast. However using 38 CFR 111. b (4)"If a claim is based on a disease other than one of those listed in Para b (2) of this section, VA shall nevertheless consider the claim under the provisions of this section that the claimed condition is a radiogenic disease and under (5) (iv) "other diseases specified in paragraph b (2) of this section must become manifest 5 years or more after exposure.(Authority: 38 U.S.C. 501(a);Pub.L.98-542."

D. The Peripheral Neuropathy claims from BVA usually are denied because of the Acute , Subacute rule.38 CFR 3.309(e)that they try to use on everyone, but presumptive service connection for a CHRONIC disease says alot more. See Combee V. Brown 34 F. 3d 1039(Fed Cir.1994). Providing a doctor or in my case 3 doctor nexus and 2 VA doctor agreements the case I also included from past case BVA Docket 04-19 301, 3/14/06 states "Dr. Durham begins his letter by noting that he has taken several comprehensive histories from the veteran and can find not other type of exposure either personal or industrial that could potentially account for the veteran's neuropathy. He also noted reviewing the veteran's VA medical records, including the above examination report, his own medical records, VA's Guide on Agent Orange Claims, and the veterans rating decision. Dr. Durham acknowledged that the veteran's claim was denied because he did not complain of symptoms within the very short time period cited by VA after exposure to herbicides. He stated that it is clearly documented in the medical literature that neuropathy can be latent for a period of up to decades, and a denial based on short term exposure and short term initiation of acute complaints seeems to be somewhat arbitrary. He opinied that given that the veteran does not have any evidence of any of the major problems with which neuropathy is often associated, there is at least a 51 percent probability that the veteran's neuropathy may be directly linked to exposure to dioxin/Agent Orange.....Service connected ,,,GRANTED to this particular service man.

I would like to say that the folks here at Hadit have helped me to produce this type of evidence and though I am still waiting for service connection and a rating it is only because of the help and encouragement I have received that I could bring the evidence and a correct way of propelling my claim forward.

Please understand that my case in now in Washington , D.C. It was at the VARO in Houston , then sent to Jackson VARO and because of the huge amount of carefully documented evidence the raters and adjudicators decided to "pass it off" to Washington. It is well grounded and well prepared.

I have no C&P exams yet , though most of the testing has been done by the VA and the results are in my favor. I am ready for that too because the C & P must provide me and all veterans with the Cirriculm Vitae to show their "expert" is qualified...... that he will not be able to refute the multiple nexus's I have coupled with the evidence and test.If he is not qualified then this will be brought to the attention of the VA and will be used later if necessary against them.

I have extremly incriminating evidence from my Service Medical records and I also agree with the Hadit board on the IMPORTANCE of IMO's and the CORRECT way to diagnose and the CORRECT wording to win in the Regional office or even in BVA, COVA levels. I have literally bombarded the VA with incredible amounts of evidence , test and reports that are specific and supportive of my claim(s).

I have had 2 VSO's , 1 VA lawyer and even VARO , VBA employees say they have never seen a claim like this and the amount of evidence prepared to support the claim(s).

So..... if I win my claim(s) this will set a precidence and could affect many , many vets who have similiar claims and situations. Obviously , I have stated to the VA several times, the reasonable doubt rule...38 CFR, 3.102, Mariano V. Principi warning against the VA doctor shopping and the PREPONDERANCE of evidence cases exceeding a demonstration that there is an approximate balence of positive and negative evidence in order to prevail. Gilbert V. Derwinski, (1990) and to deny a claim on its merits, the preponderance of the evidence must be against the claim. ( Alemany V. Brown) (1996).

Berta , thank you for some personal emails that really picked me up when I was almost ready to quit.

I am sharing what I am going thru so to help someone else.Someone may be getting discouraged, or at the end of their rope BUT PLEASE, DON'T EVER GIVE UP. I may loose at the regional because of the system at the VARO level, but the VA has a real fight on their hands now. If the courts will be fair , then I feel very confident in my claim(s). I am actually having fun messing with their minds and causing my Cfile to grow so large that the VA will need more than one person to carry it around....LOL. I can't even imagine what the postal charge for mailing my file would be. My cfile is HUGE.

Once again , thank you everyone here and I am already helping some other Veterans and Widows with their claims......after all this is how it is suppose to be. Veterans helping other Veterans. God Bless, Bill

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LOL. Hello R....I won't be here 38 yrs and I do not think they can hold me off that long. They have to make their moves and I know they can delay and stall me but they do have to answer the claims and I do have a working knowledge of the CFR's and BVA rulings thanks to some people here at this site....DON'T GIVE UP. God BLess, CC

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my c file must be really huge also. I originally filed for this in 1969, and have been denied since.

This really bum's me. Really really bad. they wonder why I have I have issues.

R

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Hello RSG, That is a very long time to wait. Who is your veterans service officer??? What attempts of closure have you made? Where is the case now? It seems that someone has let a cfile sit too long without action. They do have laws to follow , just like the veteran does. God BLess , Bill

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Bill- well put here- We can NEVER give up!

Good points -Mariano V Principi-

basically this case means when the VA has enough probative medical evidence to award they cannot go doctor shopping-as Bill said-

I raised this issue too- in my AO death claim-

2004 IMO that Sced Rods death due to AO DMII

2004 IMO statement from VA doctor incorporated into this IMO

2005 VA quackola MO

2006 IMO that stated VA's doc was "medically inaccurate"

and stated why and expanded on additional stuff

2008 IMO ordered from Med Ops-

(preliminary IMO is favorable and just needed a final statement based on other records I had to send)

1997-1998 FTCA award and Sec 1151 due to VA's admission of malpractice-(therefore more than likely they did not diagnose the veteran's true etiology of 1151 disabilities yet-since the misdiagnosed CAD, CVAs, and gave him wrong meds-admitted to by VA)

Nothing is better then medical evidence-

and if it keeps mysteriously disappearing from your c file

(you will know that when they never even acknowledge it in SOCs, and SSOCs), just keep sending it to them.

In 2005 I had enough medical info to award the claim-

even my rep said he fully believed he would walk out of DRO meeting with an award-

he was wrong- the records clearly show he didnt even bring up any of my med evidence or IMOS at all and HE is the one who told the DRO to get a VA opinion-the dope should have brought up Mariano or any of the cases that state a claim must be awarded when the medical evidence supports the claim.My IMos disappeared from the C file that day.And then after 3 weeks at BVA remand due to my letter to BVA-the VA said in 2006 they had again disappeared $4000 bucks worth by then.

Some of you legal beagles will see that he- a vet rep- somehow got the VA to go against even their own established procedure.

The VA's continuous position at this point for 2 1/2 years was that I had supplied NO evidence at all.

As Bill stated the VCAA letter and the return of the signed election notice is Everything!

They (VA) said I had sent no response or evidence because they had failed to send me the election response form.The VCAA letter itself was illegal but my reps would not admit to that until July 2007-

My reps knew it-since June 2003 and just blew me off when I questioned this-to their Director ( former- he just got replaced)

So in my case the VA got a "C & P" ordered for a deceased veteran-whose wife they claimed had sent NO evidence at all to support the claim-based on what a rep told them to do-

if I had not sent evidence- there would have been no need at all for this VA medical opinion.Just a denial.

(which is crap anyhow- and based on 3 or 4 records -as the VA doctor stated-whereas Dr. BAsh had the entire shibang)-

Bill is right here-and you have to keep on them all the time-

"I am actually having fun messing with their minds"

ME TOO Bill-

and I will be getting a status soon from the VA OGC as to my formal complaint against my former POAs-

They illegally revoked my POA (which the OGC lawyer strongly agreed with me a few weeks ago--this definitely appeared to be the case (but he was still looking into that and the entire list of charges I made with hard copy documentation -mainly from their former Director himself)when one of their reps in July 2007 confirmed my VCAA letter was illegal.

This is important what Bill said here-and I hope everyone reads this -

yeah we have to play the game- a war of the words on a paper battlefield-

but the game can be won by the Veteran or the widow-

and while the VA f-rts around stringing these claims along -that gives us even more time to collect even more evidence.

And at some point they are forced to read it.

I couldnt believe how bad the system was when I was former claimant-3 years or more for each award to come-late 1990s

and only re-opened when my daughter kept insisting that I re-open.

But I never dreamed that the VA had gotten even worse.

By the way all-if you are on remand from the BVA ( meaning the case got a 646)

even if it wasnt even docketed (mine never was)

it is illegal for any POA to revoke their POA unless they file a Motion with the BVA and give a VERY good reason for revoking the POA.

Like you threatened to beat them up or something really serious-

They have to send this Motion to BVA and a copy to you by Certified mail and give you 30 days for response.

My POa was revoked on OCt 3rd, the day after they (the POA reps)got copy of my VCAA response and legal election notice (on a different claim)

I am still waiting -as I told the VA lawyer recently- for a copy of the BVA Motion for Good Cause-

(which they dont have a clue how to file anyhow and cannot give the BVA a good cause)

Hope Bill inspired many of you to wait it out and NEVER EVER GIVE UP!

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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