ptsd To Nod Or Not To Nod

[gp747]

i realise there are vets on here that are in dire circumstances and this is

serious business. i have been going overboard on the posts lately. i sincerely

want to apoligize and want the valuable knowledge of the members of hadit.

i have been rated 30% sc bi-polar panic attacks ptsd. they combined it all

and on award on front says bi-polar. i immediately filed secondary for gerd

throat stricture and copd related to agent orange. i also filed for drastic weight

loss due to gerd. already had claim in trying to reopen arthritis in back varo

was waiting for c-file from amc. also i have filed for increase in my rating. talking

to george patton , who i believe is honarable. i just believe my best bet is not

to nod and try to get increase from appeals but to try to win at varo with what i

have. i am 62 years old now and a long fight with a nod would hold up the new

claims i have and i think would be winnable. i have been doing this by myself and

when i am out of whack i make all kinds of irrational decisions.

[gp747]

ok if i nod this thing ,and go the dro hearing route ,will i have to

be present,or can my poa argue for me. i just would go nuts in

a setting like that. how does that work?

[john999]

Skunk

The reason for having a DRO Hearing is so your or your POA can present evidence or witnesses to the DRO. Another reason is to look the DRO in the eye so that you become a real person for him and not just a load of paperwork. If you are going to have a DRO Hearing you should be there. I think you should consider getting a lawyer. These VSO's have blown your claim for years. The fact you have SSDI for your SC conditions should have been brought out as a strong case for TDIU. Maybe your lawyer could argue in front of the VA for you without you having to be there. If you are not going the personal hearing route you need the best representation money can buy and not some half-ass VFW guy who could give a shit. You should request a copy of your SSDI file so you can present it as evidence. Get the lawyer and turn it over to him, so you don't blunder because of being upset and nervous. The lawyer gets 20% of your retro and you should probably have gotten TDIU years ago. Better to get 80% of something than 100% of nothing. I just don't understand how your POA did not press for TDIU if you had SSDI for service connected conditions.

[gp747]

Skunk

The reason for having a DRO Hearing is so your or your POA can present evidence or witnesses to the DRO. Another reason is to look the DRO in the eye so that you become a real person for him and not just a load of paperwork. If you are going to have a DRO Hearing you should be there. I think you should consider getting a lawyer. These VSO's have blown your claim for years. The fact you have SSDI for your SC conditions should have been brought out as a strong case for TDIU. Maybe your lawyer could argue in front of the VA for you without you having to be there. If you are not going the personal hearing route you need the best representation money can buy and not some half-ass VFW guy who could give a shit. You should request a copy of your SSDI file so you can present it as evidence. Get the lawyer and turn it over to him, so you don't blunder because of being upset and nervous. The lawyer gets 20% of your retro and you should probably have gotten TDIU years ago. Better to get 80% of something than 100% of nothing. I just don't understand how your POA did not press for TDIU if you had SSDI for service connected conditions.

i think that is what i am going to do . i found another lawyer that was listed at

the top of hadit in the advertising section i just sent them an e-mail thank you

JOHN ,I REALLY BELIEVE YOU ARE RIGHT AND OTHER PEOPLE HAVE CONCURRED

WITH YOU FORM ALL I AM HEARING AND THROUGH INVESTIGATING I BELIEVE THAT IS

THE RIGHT COURSE. I AM GOING TO KICK THIS BALL AND GET IT TO ROLLING.

[gp747]

john or anybody if i do nod and appeal ,what about my claims at ro

will they have starting date as to when i put them in or when they

get my files from appeals? i am talking secondary to what i have

gotten and a couple of new ones.

[carlie]

skunk,

I do not agree with the thought pattern I read in this thread regarding

Formal versus Informal Claim.

I feel that the status of any claims made after an initial grant of service connection fall under a Claim for Increase.

There is so much worry about Formal and/or Informal Claims and to me all that really matters

is was a claim filed. Whether Formal or Informal a claim is a claim.

To actually file a claim a claimant can very simply write on a piece of paper towel,

"I request to receive a service connected disability evaluation and decision for arthritis in my neck".

or

"I feel I should get VA disability for Gerd that I have from taking medications for my service connected disablility".

Irregardless of whether one feels the claim is Formal or Informal, it must be followed up

with the Medical Evidence and a Nexus.

Either one is a legitimate claim and would stand as such inregards to effective dates for service connection

jmho,

carlie

§ 3.160 Status of claims.

http://ecfr.gpoaccess.gov/cgi/t/text/text-....69&idno=38

http://ecfr.gpoaccess.gov/cgi/t/text/text-....64&idno=38

§ 3.155 Informal claims.

(a) Any communication or action, indicating an intent to apply for one or more benefits under the laws administered by the Department of Veterans Affairs, from a claimant, his or her duly authorized representative, a Member of Congress, or some person acting as next friend of a claimant who is not sui juris may be considered an informal claim.

Such informal claim must identify the benefit sought.

Upon receipt of an informal claim, if a formal claim has not been filed, an application form will be forwarded to the claimant for execution.

If received within 1 year from the date it was sent to the claimant, it will be considered filed as of the date of receipt of the informal claim.

(b) A communication received from a service organization, an attorney, or agent may not be accepted as an informal claim if a power of attorney was not executed at the time the communication was written.

© When a claim has been filed which meets the requirements of §3.151 or §3.152, an informal request for increase or reopening will be accepted as a claim.

Cross References: State Department as agent of VA. See §3.108. Report of examination or hospitalization—as claim for increase or to reopen. See §3.157.

[26 FR 1570, Feb. 24, 1961, as amended at 52 FR 27340, July 21, 1987]

[carlie]

From M21-1MR:

Consider a claim not filed on the prescribed form an informal claim.

Upon receipt of a claim not filed on the prescribed form

· advise the claimant to complete and return the proper form within one year to receive benefits from the date of receipt of the informal claim, and

do not place the issue under pending-issue control.

Also, after a claim has been filed for service connection, a hospital report or doctors progress note

from I believe within one year also constitutes a claim for increase and/or can at least be used in

connection with the claim to go back to the date of the hospital report or doctors progress note.

jmho,

carlie