Backlog?

[Ricky]

Just wanted to complain I guess----- It has now been 14 months since my DRO hearing and still no decision from the VARO!!!! Wow now I call that a backlog!!!!!

My claim was assigned a docket number over 3 years ago cause I had to send in the form 9 well before they gave me the DRO hearing that I had asked for in my original NOD. So the file sat at the VARO with a docket number for 2 years and then low and behold they called me and said "hey we forgot to give you your DRO hearing that you asked for." No joke Henry!

Well the DRO held the hearing and said this is all messed up but you will get a decision soon. I guess 14 months just does not meet the definition of "soon." One would wonder why the BVA has not raised an eye brow since the thing has a docket number that was assigned 3 years ago.

In the past couple of weeks my calls to the new improved high-speed call center have revealed that "a decision was already made in 05" (yep sure was on the original claim!!), to "it is ready to rate", to "the DRO is looking at it now", all the way to "your file was transferred to the BVA in 05 sir and we can not provide you with any information" (the file is still at the VARO and has never gone anywhere).

Backlog or incompentence? Anyone's guess is as good as mine. I think that my name might be to well known at the RO. Since I have a little better financial situation than most that I help, my wife and I regularly take them on the 500 mile round trip for their hearings. Even if we have those 0800 hearings we will foot the bill for a couple of motel 8 rooms just to insure they are there on time. I also appear at the hearings with them cause the vets have a very hard time responding to the idiotic decisions they have been given in their original claims. I used to not attend the hearings but after a couple of them came out crying and telling me what was said and done to them during their hearing I refuse to allow the incompentent SOB's do it to another veteran.

A friend of mine (non-veteran) said to me "you know if those VA people you deal with were a private business they would have been sued, charged in criminal court and out of business by now!" I think that says it all. If only we did have some legal recourse with a bite! hahahahahaha Oh well thanks guys for letting me rant for a while. It seems that these days I do not have much time to sit down and go through my file as I have had tonight. Guess it is a good thing that I don't cause it sure is depressing.

[rentalguy1]

Filing a claim with the VA can be like playing Marco Polo with Helen Keller...

[tssnave]

Ricky,

Thanks for the work that you do for vets. You have a generous heart and put your money, literally, where your mouth is. I think that the DROs, like anyone, is less likely to mistreat someone verbally if there is a witness so again, I value what you do for vets by going in to their hearings with them.

Hang in there with your claim. It is my hope that the DROs do know and respect you and will adjudicate your claim properly.

Keep us posted on how it goes.

Good luck and God bless,

TS Snave

[allan]

Ricky,

it can put you in a dark hole, if you allow it. Don't end up being one of the suicides, the ratings officers stick under their belts and call it "BONUS".

[Pete53]

I have been dealing with VA for 17 years and there is always a backlog.

[jbasser]

I feel blessed, don't get me wrong, but couldn't the VA have already

processed my husband as a dependent, being that they already

had our marriage license of 44 years and referenced him twice in

their decision.

So now, here I go clogging up the system as in about three months,

when he receives his monies, I will be going back in for the 50%

verus the 10% given to me due to the pension, which clearly states

chronic anxiety 50%. The VA used the same medical records for the

two decisions. Service connect it and it suddenly became 10%.

I will also be going back in for the Total Disability( Unemployable)

as quoted also on the pension for the anxiety is listed for 1983 and

the other illness 2002.

One time at doing it right and I could be out of the system and

allow time for someone else.

Just my humble opinion.

Betty

There are 2 forms that the VA requires. One is a Dependants form and the other one is a TDIU form.

Even on the 21-526 there is a place to put dependants.

That one is redundant and should be changed, But I filled them out to avoid any conflict and It was in the bank within 3 weeks.

SSD is the same, You have to actually file for dependants. It took them 5 days to deposit the check.

J

[Ricky]

John the file has never left the RO. However, since I was forced into submitting the form 9 they had to assign a docket number. The DRO, who I am fairly familiar with has it on her desk.

Pete I did request the hearing with the DRO. It was done during the original NOD, upon their denial of the NOD and for the next couple of years. Over and over the request was sent via written correspondence (hard copy) and the IRIS system.

Ron sometimes knowledge just don't help. The RO that I deal with has proven this time and time again with some of the way out decisions they have issued on claims. It is not just a case of the veteran "thinking" they have the evidence needed, they really do. However, the RO, eventhough they use the evidence, misquotes it. Most of the time one would think that the RO has read another veteran's evidence and go it all mixed up or the decision was issued from Mars and got mixed up in the translation. As an example ole Ricky had a stroke. Neuro provided evidence that he visited ole Ricky in hospital, confered with his staff neuro, reviewed MRI's, conducted neuro exams and yep ole Ricky had a stroke secondary to Hypertension and DMII (both serviced connected). Va conducts C&P exam, doc says stroke complete except for a,b and c as secondary disabilities of stroke. He concurs with neuro, yep ole Ricky had stroke more likely than not secondary to HTN and DMII. Rater says no stroke due to no active process at time of exam cause VA doc says stroke complete at time of exam (VA exam 6 months after I had stroke). Neuro reads report and writes opinion and asks VA to loan the ajudicator/rater to him for staff work since he is apparently aware of something the entire neuro field is not aware of - a stroke that remains active for six months as he feels this would result in an amazing neurological find (he was being funny). Va comes back in NOD continues denial due to no active process during C&P exam. Thats kinda were we are at at this point. So you see there is no amount of knowledge that will help as there is no real way to fight it except sending it to BVA cause RO rater and DRO are idiots and the neuro has told them so. This is truly a very bad RO to deal with most of the time. Now to give them credit they have been very easy going on several claims that I have assisted with.

TSSNAVE would not have it any other way for it is only a thing. We get a lot more enjoyment out of seeing a smile than we do money. We do ok so why not spread it a bit. We ain't rich in the money department but boy do we roll in the dough when it comes to the kindness we receive and the joy it brings to us as a result of helping our buddies. We wish we could help them all but that would be impossible.

Anyway it kinda makes me smile when I review my file and speak with the call center. No need to worry about finding me at the bottom of the lake to soon for I got a lot of stuff to do with this ole body before it goes limp; so no need to worry about me jumping off a bridge - just ain't gonna happen!!!!

I am working on a claim tonight for a DS veteran. It is a simple claim - another presumptive IBS claim. It is really making me smile. The vet claimed IBS for he was diagnosed with it about 14 months ago. The RO sent him for a C&P exam in Nov 07. The C&P doc said yep vet has IBS and he could not find and medical diagnosis other than the veterans service in SWA to which he could contribute the IBS to. Now one would think the RO would look at this and say. hey, vet served in DS, IBS is a presumptive disability for DS veterans, VA doc confirmed diagnosis so claim approved on a presumptive basis.

Nope, nope, nope. I just finished reading the rating decision getting ready to prepare the NOD. The rater said claim denied based upon the fact that there is no mention of IBS or IBS related symptoms in veterans service medical records or anywhere during his active service, therefore, it does not meet the requirements for service connection. Dummy, dummy,dummy. See this is what I mean by idiotic rating decisions. In a veteran with proven service in SWA there is no need for the disease to have occured on active duty. Guess the rater never heard of the term presumptive. Well I am fixin to tell him about it hahahahahahaha.

Edited May 16, 2008 by Ricky