Oh Boy A New So

[Testvet]

I didn't get told why but when I called to ask my SO a question last week I was told that he no longer worked there. Oh-oh, so I asked who would now be handling my case, I was told the man's name was Issac. okay who's Issac,? They said he would call me back, and I said yea right like I believe that. About 1705 hours the phone rang, and no one was here but me so I had to answer it, who calls at night besides telemarketers, it was Issac, talk about shock, I about had the big one............. anyway we talked for about 30 minutes it tunrs out Issac took my file as he is the office manager and has been kept in the loop for the past few years by the way of my SO asking him questions about my case. Issac use to work at BVA, Issac is one smart man, he basically told me he knows they have been running my file in circles on purpose, but he wanted to know was my purpose in life is to make the DRO as mad as possible or the get my 100% P&T? Duh, give me the P&T and I will go back into the woodwork where I spent the past 30 years, I don't want to spend the rest of my life litigating my VA claim. I am not greedy, I just want security for my wife and son, the same thing most of us totally disabled vets want. I re-wrote the 5 page nasty letter I wrote in response to the VARO letter about my heart claim related to Edgewood Arsenal, and reduced it to 2 pages, he seems to know what he is doing, so I will work with him trying to get this mess settled, Issac admits I have a good claim, it's just taking the attitudes of me and the DRO and cranking them down about 200 degrees.

[Guest Berta]

Mike- sounds like you have gotten a very supportive SO- a great thing to happen-

He did give you good advise-

Believe me, I know what it is like to get angry and frustrated with the VA, but at some point you just need them to focus on your claim without any animosity-

And reducing it- this is good Mike-

I realised that my initial 2003 claim just boiled down to a few basic pieces of evidence but then again- in 2003 I was doing detective work on the medical records and could not see the big picture-

I sent them many submissions of medical evidence from the med recs -17 submissions in all-but if I had known then what I know now they would have gotten only a few things.

I had to build a case in my mind and in theirs-

I don't think the DRO will need to read most of it- my vet rep (I have a great one at the VARO) did read it all- a complete preponderance of evidence in his mind-

but when I did a summary of the evidence for the DRO I got it listed all on one page with references to the dates of each submission.

My point is that- it is good to state everything in the briefest way you can-you have told them a lot- but this will keep them focused on the basic issues.

I read a BVA decision the other day- Thailand AO-

granted-

the vet had apparently prepared his evidence very well.

He gave them specific details supported by his service records and other evidence which had seemed to make the BVA's job easy.

You can see at hadit- and this is no ones fault -but sometimes a newbie will have to repost and explain their claims situation a few times before we get it all-

This happens with the VAROs-

and they don't have the time it takes to figure it all out-

no real one- to -one like we have here to ask questions of the claimant.

Mike- I was livid when I got a new DRO who didnt even read my IMOs in Sept- but now that is OK and if she does call me I can deal with her without being angry- it won't help my claim to even bring all that up-

and anger keeps us off the right track-

I am very glad you got this new SO.

[Pete53]

Mike:

Looks like you are on the right track and you can thank Issac for showing you the light.. The Regulations say that the VA is not supposed to allow personalities to hamper their judgement but they do.

Good Luck

[timetowinarace]

I read a BVA decision the other day- Thailand AO-

granted-

the vet had apparently prepared his evidence very well.

He gave them specific details supported by his service records and other evidence which had seemed to make the BVA's job easy.

You can see at hadit- and this is no ones fault -but sometimes a newbie will have to repost and explain their claims situation a few times before we get it all-

This happens with the VAROs-

and they don't have the time it takes to figure it all out-

no real one- to -one like we have here to ask questions of the claimant.

In your wisdom, Berta, I think you have pointed out a huge part of the problem with VA claims processing. It has been discussed here at Hadit many times though and I disagree with the "this is no ones fault".

A newbie should not have to take several months and years to learn the VA system before filing a claim. A newbie should not have to learn medical terms and language and then learn the Reg's and Codes to apply that knowledge. A newbie should not have to become an investigater to find the records the VA cannot, only to discover they are excactly where they should be. A newbie should not need to know case law, COVA, BVA, TITLE 38 CFR, or even what NOD stands for.

These are all things a SO, Adjucator, and RO needs to know. For the newbie, THE SO NEEDS TO KNOW.

Here is what the newbie needs to know.

I was in the service. While in the service this/these injuries/illness happened/began and it causes me this/these problems that doctors have been unable to fix.

That's it.

Either SO's start developing newbie's claims with the help a true VA Duty to Assist and full, complete, competent, unbiased C&P exams by QUALIFIED specalists. Or. Veterans be allow to hire representation to get the information that is nessisarry to PROVE a compensation claim. Or. As it is, claims will depend on the ability of each veteran to learn the system, the Law, and the medical expertise to defend him/herself against the government.

Yes, there is fault and it is not with the veteran. It is ridicules that this site must even be here.(as awsome as it is) To educate the newbie to fight for what has already been fought for.

Mike,

Good you've got a good one. I do have a thought though. If this SO knows the DRO is playing games with veterans claims, why doesn't he do something about it? It is not just the SO's job to handle each claim, but to....well, need I go on? An old subject here. I'll leave it alone.

Time.

[Alex]

Berta -- I have seen that case granting service connection of Agent Orange diseases for service in Thailand. Neither I or anyone else in the veterans’ advocacy community can figure it out or point to any factor that distinguishes it from the cases we have all brought and lost on much better evidence. So I just chalk it up to an anomaly.

On the same subject, NVLSP is about to bring suit against VA for denying cases for AO diseases on the part of blue water Navy veterans.

Alex