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What Do You Think They're Up To Now?


mrsvet28
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Question

Hi all, haven't been on had a busy summer, hope this finds you all as well as can be--

Here the latest , update on my husbands claim for those who are familiar with it--

Last time I wrote they were waiting for the transcripts from the DRO tele-video hearing that was Feb 12-08:

A new SSOC dated 4/28/08 arrived :o

There are 9 issues:CHRONIC PROSTATIS,HYPERTENSION,LEG CONDITION,URINARY CONDITION.HEARING LOSS, PTSD, KNEE CONDITION, SUBCUTANEOUS LUMPS,INDIVIDUAL UNEMPLOYABILITY-

EVIDENCE THEY LISTED;

Your correspondence rec'd 3/4/08

VA letter to you 3/25/08

VA form 119 10/26/07

transcript from DRO 2/12/08

----------------------------------------------------------

ON EVERY ISSUE EXCEPT PTSD AND IU- IT SAYS YOU CHOSE NOT TO DISCUSS IT AT THIS TIME- (WE HAD AN ATTORNEY WITH US- I HAD PREVIOUSLY POST HIS ADDENDUM TO THE HEARING BACK ON THIS SITE BACK IN FEB.

FOR PTSD IT SAYS AT THE DRO HEARING YOU PROVIDED TESTIMONY REGARDING YOUR SYMPTOMS FOR PTSD AND YOUR STRESSORS AND YOUR SPOUSE ALSO PROVIDED TESTIMONY(1/2 MINUTE, WOW!) HOWEVER THE AVAILABLE EVIDENCE IS INSUFFICENT

TO CONFIRM A LINK BETWEEN CURRENT SYMPOMS AND AN IN-SERVICE STRESSOR

SERVICE CONNECTION DENIED.

FOR IU--CURRENTLY YOU DO NOT HAVE ANY SERICE-CONNECTED DISABILITIES THEREFORE ENTITLEMENT CANNOT BE ESTABLISHED.

THEN THEY ENCLOSED THE 60 DAY WAIVER LETTER TO BE FOWARDED TO THE BVA--

WAIT IT GETS BETTER!!! :o :o :o

I HAVE HAD THE SENATOR SPECTERS OFFICE ALSO INVOLVED AS WELL-

THIS IS THE VA REPLY TO HIS OFFICE:

07/17/08 DATE;

Dear Senator Specter:

Thank you for your correspondence of June 4/08 which was recieved at the Board on June 23 concerning MR> XXXXXXXXXXX

MR>XXX appeal was placed on the Boards docket on January 20, 2006 while under jurisdiction of the RO in Philly PA. The appeal will be certified and transferred to the Board unless it is resolved at the regional office. As required by law the Board will consider appeal in order which it was placed on the docket.

THERES MORE>>>>> :angry:

We get a letter 8/12/08

Senator Spector has expressed an interst in your appeal and will receive a copy of this letter.( I"LL shorten it all)

This acknowledges your request for a personal hearing before a traveling BVA.

We have put your name on the list of persons wishing to appear befoe the traveling section.We anticipate it won't be till 2009- or 2010- (then the however you could go within the next several months if you choose video conference blah.blah)

:unsure: NEXT: I call the docket phone number where you check to see your place in line-

they tell me we don't have any -that our claim is still in Philly and hasn't been sent-

:angry: I call Philly and the clerk is confused about my questions- she gets her supervisor-

he apologizes to my husband for how long it is taking--and tells me that

they are getting ready to rate it AND WAITING FOR THE TRANSCRIPTS OF THE HEARING- could take 2 weeks-or a few months FOR A DECISION

I call back in 2 weeks and they say it is still there-and be patient-(I THOUGHT IT WAS ON THE WAY TO THE BVA)

:o MY QUESTION TO HER WAS HE IS ON SS FOR PTSD- HE IS ON SS FOR HIS PROSATE-HE HAS NSC BECAUSE HE HASN'T WORKED BECAUSE OF THE TWO-

THE VA VERIFIED HIS STRESSORS- THE VA ADMITS HE HAS PTSDSINCE 03- HE HAS 3 IMOS-

THE COMP. DOC SAYS WHETHER OR NOT IT IS CLEAR-HE MET ALL CRITIERA EXCEPT FACTOR C-(THAT IS POSTED ON THIS SITE ALSO)

ONE MONTH AFTER RETURNING FROM NAM HE WAS DIAGNOSED WITH ANXIETY AND GIVEN LIBRIUM BACK THEN-

:angry: IN THE EVIDENCE THEY DIDN'T LIST ANYTHING BUT THE HEARING/ THERE ARE 20 OR SO IN ALL THE OLD SOCS AND NODS.........

.ALL REPLIES WELCOME!!!!!!!!!!!!!!!!!!

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  • HadIt.com Elder

Have you talked to your lawyer? Forget about senators and congressmen. Be sure your lawyer has a copy of this SSOC. Sometimes they won't send him a copy. Your lawyer is your sword and shield if he is your POA. Send him copies of every document you get to be sure he gets a copy. Does your lawyer have a copy of your C-File and all your records?

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Have you talked to your lawyer? Forget about senators and congressmen. Be sure your lawyer has a copy of this SSOC. Sometimes they won't send him a copy. Your lawyer is your sword and shield if he is your POA. Send him copies of every document you get to be sure he gets a copy. Does your lawyer have a copy of your C-File and all your records?

yes to all questions- Thanks for reply Just got off the phone with the 800 # and they transferred we to Appeals in DC- they told me we've had a docket # since 06;but the local VARO has repeatedly held up our claim for different errors they've made-back and forth to development back to DRO-back to development for 2 years- I believe they are trying to cover the CUES they've made before it goes to the BVA_ had they sent it as was-we would have been done by now-- :angry:

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Did he formally send them the 21-8940 as application for TDIU?

Are they aware of his SSA award?

Did your lawyer fully rebutt the SSOC?

It is far better top get an award out of the RO than to go to the BVA_ the BVA is much better than the ROs but the regs are the same for both BVA at the RO so better to get the decision at the RO level-

You said he has established the nexus for his PTSD-I am surprised they did not award for PTSD and his hearing loss by now-

I need to look up the Factor "C" part.

The ROs should not send any claim to the BVA that the evidence would support a rating at the RO level-they do that but they shouldnt.

has your lawyer aggressively pursued this at the RO level?

Edited by Berta
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  • HadIt.com Elder

Sorry for the delays it happened to me. You have to keep after them and if it were me I would consider a Writ of Mandamus cause they should have done a lot more a lot sooner.

In the Writ of Mandamus I would explain that Social Security has awarded for the same conditions, the VA acknowledges PTSD Service Connected and they have been dragging this out needlessly and that you need them to do their bloody job.

Good Luck you will win.

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  • Moderator

The VA will drive you absoultely nuts. Especially when it comes to PTSD and stressor verification.

Good Luck.

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  • HadIt.com Elder

When I was trying to get TDIU the VA first said they could not make a decision because they did not have my DD214. I had been a disabled vet for 30 years. Then they said they needed employment verification. I supplied them with that and with SSD award letter. Then they tried to say part of the reason I was unemployable was due to NSC reasons. Another IMO to disprove that assertion. Three IMO's in all. The C&P doctor actually said he could not determine unemployability because I was unemployed. I know they make a game of PTSD stressor verification.

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