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I Have A Decision On The Way


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Hi everyone,

I received a Statement of the case on my hearing claim.In all that paperwork I received, to Appeal-

VA form 9,Appeal to the board of Veterans Appeals - in which I may use to complete my,Appeal.

I have some work to do,I am thinking another IMO for this is in order. The VA Did an exam an Behold my Hearing was like 0% But connected, Another **one sided ,Low balled decision**. Guess my VA counselor didn't file paperwork quick enough- You Know the VARO works at Light Speed. Yaa Right.

Also in that Paperwork it States I will be recieving seperate decisions on my second appeal. and it Involves my disagreement with the ratings assigned to my right and left shoulders and the effective date on my Right shoulder- Remember they turned me down in 1997 for the claim "Right Shoulder" which I filed in 1994. because they lost MY SMR's that I found in 2006. I wonder what the decision is?

Cross your fingers ----- I bet its another low balled crappy one . I am pretty excited to see what's in the second appeal decision, But I am warning myself not to expect much Out Of The VA. Anyway Expect news From My War Front The VARO is moving,, Wow

There Not Dead. There seems to be a pulse. I bet they are heartless still.

:rolleyes: Macool :unsure:

Edited by macool
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Keep us posted. Especially ont he effective dates of the Claim ont he lost records. Yhe Ed should be the original date.

J

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Yes please keep us posted so we can provide you with any assistance we can.

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Yes-our RO sure is slow but then they start moving-

I have gotten many letters lately from this RO but on different other issues,not the main claim.But the VSM said the claim is with the DRO (in email hard copy via Iris)(hope not the same one who made the last 2 decisions)and the BVA has a cut off date (it is a date 2 years after the remand set for next week.)

I have already prepared a four step war plan myself Rick-if they have again failed to read my medical evidence-

(and the OGC matter with my POA is in progress and coming to a head)

It is truly a battleground for many of us.

(PS_our POA has a Thailand vet who I met at the Chapel services on the VA grounds-he said he sprayed AO in Thailand but it might help him to know that my recent SVR guest Kurt Priessman got VA to concede AO was used at US installations in Thailand.

His actual DD 214 MOS might have been a lot different than a sprayer and he might have to prove he sprayed the AO but if he was USAF this case might help him-I know he had hearing loss claim in but could have developed other AO disabilities by now.)

Edited by Berta
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Berta

You are right they are begining to move.

I am really not surprised they sent the VA form-9 and said I would have to file the

Traditional way because the deadline for the claim response was not met. They jumped

right on that because last week I sent in my SSA records for my hearing exams - that

state tinnitus and hearing aids.Boy they can work Quick when they want. With the exams

they would have had to connect me with some percentage not a 0%. - So they would not have to,

they pulled that stunt. See they can apply the Regs when they need them.

I don't know when the second decision is coming they gave no clue of a time frame.

It just says I will recieve a decision on that group of things.

With all of that "2nd Appeal" I have an I.M.O. with one doctor and an Orthopedic specialist

backing her opinion, I am hoping that will trump the Quacks Opinions that saw me for the VA,

and Low Balled me. The I.M.O. I had done states 35% right and 40% left shoulder,Do you have

any Idea what I should expect from that? I would love to have an Idea.

And of coarse for the EED, I used the 38 cfr regs for new and material eveidence,

that you Berta and Betty brought to my attention.Also I sent them another set of the Missing

SMR's from 1991,with the injurys on them that they misplaced lost or just did not use for the

1997 decision. It did say I would recieve a Decision. :rolleyes:

Macool

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It would make sense if the award was for 30 or 40% based on the percentages you got from the doc-

still it is so hard to know what VA will do-

I think I posted some bilateral shoulder claims here from the BVA some time back-will try to find them----

"With the exams

they would have had to connect me with some percentage not a 0%. - So they would not have to,

they pulled that stunt."

Yep-same with me- when they acknowledge my evidence they have to make an award or find another VA doc to go against my claim- still Mariano comes into play and I reminded them of it-ni doctor shopping by VA-

besides what VA doctor would have credibility in my husband's case anyhow-too many already malpracticed on him and they never diagnosed him right.

Hope others have a better take on what % you might expect Rick-and reply here too-

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Will the IMO Trump the VA Quacks?

I am wodering how much weight the

IMO will have against the CnP Doc's?

:rolleyes: macool

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