Denied

[SouthernBelle]

THEY DIDN'T EVEN USE THE LETTER FROM THE DOCTOR!!! WTF?!?!

Here's what my Congressional contact said to do:

File to reopen the claim instead of appealing the decision on the appeal. He said because they failed to use the LETTER from the doctor that it can be considered NEW AND MATERIAL EVIDENCE. I'm so pissed I can't see straight.

Edited October 15, 2008 by SouthernBelle

[SouthernBelle]

EVIDENCE USED:

RATING BOARD DECISION DATED MAY 29, 2008

LETTERS TO VETERAN ADVISING OF THE INFORMATION WHICH COULD BE USED TO SUPPORT THE CLAIMS, DATED APRIL 30, 2008 AND JUNE 24, 2008

VA EXAMINATION VAMC, CHARLESTON, DATED MAY 17, 2008 ****(NEVER HAPPENED; IT WAS A SATURDAY!!!)****

OUTPATIENT TREATMENT REPORTS, VAMC, DECATUR, DATED JANUARY 31, 2008 TO FEBRUARY 28, 2008

OUTPATIENT TREATMENT REPORTS, VAMC, CHARLESTON, AND SAVANNAH OUTBASED COMMUNITY CLINIC, DATED FEBRUARY 19, 2008 TO JULY 17 2008. ****(WHAT ABOUT AFTER JULY 17?!)****

STATEMENT FROM VETERANS' SPOUSE, MELISSA, DATED JUNE 30, 2008

VA VOCATIONAL REHABILITATION PAYMENT RECORDS, DATED OCTOBER 1, 2007 THROUGH OCTOBER 1, 2008 ****WHAT ABOUT THE LETTERS FROM THE SCHOOL SAYING HE NEEDS SPECIAL HELP?!?! ****

belle, in the SOC there is a section titled evidence. Did they list the letter in that section? Also what was the specific reason for denial. Hang in there. I know it is hard but we have all been there and all seemed to work out. We will help you and your husband.

[Pete53]

Ask for a Hearing. I do not understand why they want you to use new and material evidence and drop the NOD you will lose the effective date and have a bigger burden to win? Maybe this is to keep it at VARO but you can ask for a Hearing at anytime.

God Bless you and your Mom. My Mom helped us also and it made us much closer.

[Mcafee]

Hello All hope All Is Well. Southern Bell this is done by design I believe all VAROs have a directive and that directive is to deny regardless, example 30 years rated 10 % after submitting and persistance of constant and invigorating phone calls and research and the appropriate documents this was accomplished but not done by a long shot my folder is on its way to BVA for My CUE Claim that VARO Has Ignored for over 2 years. Also I recieved MY DRO review which also is going to BVA and all of this is going to counsel Reason I am bout to blow a Gasket. which is not good for me or my family. I am so sorry for you and your family. I know this is not easy and the Answers or responce was not favorable. But if you educate and research you will find the answers needed, and if i may be of any any assistance by all means just give me a Holler from down yonder.

[SouthernBelle]

As for my mom.... it hasn't helped us. If anything, it is tearing us apart. She's had to help us so much... and she really can't do any more.

If it goes outside of the VARO, the Congressional contact can't help us any more. He's just as devastated as we are about this.

Ask for a Hearing. I do not understand why they want you to use new and material evidence and drop the NOD you will lose the effective date and have a bigger burden to win? Maybe this is to keep it at VARO but you can ask for a Hearing at anytime.

God Bless you and your Mom. My Mom helped us also and it made us much closer.

[Berta]

"File to reopen the claim instead of appealing the decision on the appeal. He said because they failed to use the LETTER from the doctor that it can be considered NEW AND MATERIAL EVIDENCE."

I think that advise is ABSURD-these Congressional liasons dont really have much of a clue on the VA claims process-

After I just read this I feel like I'm so pissed I can't see straight.

Fully appeal this and rebutt with the arguments and evidence you told us about here-

dont withdraw the NOD- now you can get a lawyer if you want instead of a vet rep-

I know you are in dire situation-

You could try what I did- ask the VSM to CUE the decision and raise legal argument over the fact that the eviodence wasnt used.

You could do this by IRIS at the VA web site- that is how I did- rattled off the regs in the Iris and got a decision CUEd some time ago-it didnt take too long either.

If no Iris reply get it in the mail with tracking slip fast- I dont know if it will help you but anything is worth trying-

I captioned my Iris WHAT the Hell is this!

It sure got the VSMs attention.

Do you have a vet rep? They might have a better idea- but they better not say what the COngress dope said.

I'm so pissed I can't see straight

[Berta]

I forget-is your husband an OEF OIF veteran? if so go to

http://www.nvlsp.org/Information/LSW/index.htm and contact them -they are overwhelmed already wih this new program but one more chance for some help here-