hypertension Va Stalling Tactics

[Capt.]

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

[Mcafee]

I also filed CFR 3.105a in the line of duty and others May of 2007 NEWARK VARO has never responded to this claim so i contacted an attorney he said to me they have a period of 2 years to sit on claim then you can file a mandate or something to that effect to the federal circiut courts and the courts will make them address the issue . i did file a CUE claim in DEC 2006 it took 6 months before they acknowledged it then i did some research to broaden this claim to give the veteran the benefit of a doubt. may be iam wrong. but i am trying to figure this out also just my 2 pennies

[Berta]

I believe you mean the lawyer said Writ of Mandamus or Writ Extraordinare.

The US CAVC recently granted this type of writ-but they usually dont- the veterans or widow (been there done this) must prove they have exhaused all other avenues of approach etc-

I have a claim filed in Jan 2003 that twice the VA promised me a decision on and then they said it was on appeal- It isnt as they have never denied it.

When they finish the main issues I have in the rating board now- AO death and 2 SMCs CUEs then I will file a Writ of Mandamus-

as I can prove that I even tried to get General COunsel to decide this claim (it is a legal issue question claim and needs the VARO to request a OGC Pres Op.)

but the OGC couldnt take jurisdiction as the VA had failed to send me anything at all as a decision.

I would say wait at least 2 years (make sure the VARO actually HAS this claim- check at the 800 #)

and then consider filing a Writ and sending them a copy of it- if they have failed to do anything at all with this claim.

Havent they even sent you a VCAA letters yet? That usually comes in about 6 months after they get a claim.

[Mcafee]

yes thats it mandamus writ and no Newark NJ VARO has not sent anything they are less than accomodating to any issues contacted my Congressman Holts Office for assistance and still no resolve and asked them to please send it in writing and they will not.It seems that the VARO and other agencies have no accountability! which i dont understand for the life of me.i had a C+p exam in Nov 2007 and still have not recieved a decsion . any way i dont mean to ramble and thank you Berta

[Pete53]

Sometimes I wonder if the VA does not have a list of Veterans that they like to screw with?

[Mantooth]

Berta,

When you say your VCAA letter was illegal, what do you mean? What was illegal about it?

[Berta]

A legal VCAA letter must comply with Pelegrino, include in most cases a statement under Dingman HArtmann- and basically comply with the simple easy to read requirements that all VA personnel have access to in 38 CFR.

My letter was illegal for two reasons-

it did NOT contain a highlighted and underlined statement telling me specifically what evidence the VA needed to award the claim.

I am a widow and the claim was for death due to AO disability under Nehmer Vs VA.

I get DIC now due to death by VA-my husband does not rest in Peace with Honor.

The BVA in a widows claim had told the VARO that the VCAA letter to her was deficient and prejudicial because he VA did not tell her in a specific highlighted statement what evidence she need to send to them-such as (the BVA added) suggesting that she get an Independent Medical Opinion to link the veterans death to his service.

After reading that decision I got 4 IMos that link Rods death to AO-he was already confirmed as exposed in Vietnam by the AO Settlement fund Judge and then -also by the subsequent VA regs.

That was prejudical illegal error # 1

# 2 the VA failed to list as enclosure the VCAA Election Form.

# 3 the VA failed to enclose the VCAA election form.

I could not make any election to tell them to address my evidence as they did not send me to form to elect this on-

My rep told me just respond as best as you can

but Because I didnt "respond" to them with what the did not send (the VCAA election form)but did respond with more medical evidence-

they have not addressed ANY of my evidence at all.I filed this claim in 2003.It went for the 21st time since 2006 into the rating board again-it goes from rating to DRO- to specialist to DRO to ratings-

BUT after receiving a proper VCAA letter and election form on an additional claim filed in 2004 I had in Sept 2007-I shaped my response and election form to the initial AO claim and then scanned into my response the.exact statement from VA under the VCAA as to what they asked for.

They asked for medical evidence that ostensibly supported that claim but the wording I scanned allowed me to present again ( my IMOS have been lost many times already)all of my evidence-that supports BOTH claims.

I also was able to ask about a Aug 2006 Motion the VARO filed at the BVA on a prior CUE claim I had there-

which my reps didnt have a clue on but it is in my rep file-

again present ALL of my evidence,

remind VA that the proper AO decision renders 3 of my claims as moot leaving only the 2 CUE claims, and that

the AO claim was the initial claim anyhow- and fully supported by IMos and additional evidence from the OGC, VA itself, etc etc.

This rersponse has generated a lot of movement since I filed at at the VA and they are also aware of the revocation f my POA and the charges I filed with the OGC-

they have to deal with me now and not some dumb vet rep who doesnt know VA case law-

I have made 3 or 4 requests for telephonic conference with the DRO.

SInce October.

They dont want to call me so I think they are actively working on the AO claim.

I was victimized by there legal erros as well as THOUSANDS of vets and widows at the BVA web site- I have written an amendment to the VCAA -posted it here-spoken to and written to Congressman Filner about it (CHair HVAC committe) as well as John Hall COngressman from NY who is CHairing the Sub committee on the backlog.

The VCAA has got to be amended because the ROs have turned it into a scam forcing men and women with valid claims to wait and wait, their evidence remains unacknowledged, they get denied and go to the BVA- and then maybe after a year or more there they get remanded back to the very RO that pulled the VCAA scam in the first place.

As their vet reps sit idly by knowing the claim wont be back on their desk for years-