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Contacting The Va Secretary

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Ricky

Question

I called today to get a status on the NOD that I submitted in August 05 for my stroke. I was told that the VARO was waiting on my response to their letter asking if I wanted a traditional appeal or a DRO. I told the lady that I responded to that letter in Oct 05 requesting a DRO review just like I had in my original NOD. I then asked since there was no record of my response did this mean that my appeal was dead. She said no she had the authority to input my request directly into the computer and this would start the process. She then said that they would now start the appeal process and I should hear something in about six months. I then asked her what about the 5 months that I had already waited and she said there was nothing the VA could do since they do not have the response to their request they sent me in Oct 05.. What a crock of shit. My original NOD requested DRO review, and my response to their Oct 05 letter also requested review by DRO and the waiver of any additional time the VA wanted to give me. I want to send a letter to Nicholson and his pet dogs at the VA but can not find contact info. Does anyone have the address? Although I have all of my paperwork with the signed receipts from VA I feel it useless to fight this battle for it will take more time than if I just sit and wait on the NOD to be prcessed.

PS can I simply file a VA form 9 now requesting an appeal at the board vs the DRO review eventhough I have already requested a DRO review? I feel that this is the only way that I will get my claim reviewed in the next two years.

Ricky

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Ricky

In your PS you ask "can I simply file a VA form 9 now requesting an appeal at the board vs the DRO review eventhough I have already requested a DRO review?"

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I do not believe a FOrm 9 is acceptable at this point,,, Your NOD may have requested the DRO for review but according to them, it was not received and, as far as they are concerned, you have not filed.the NOD until now from what you indicate.

I may be wrong about this but at one point I ask the same question and was told not to send it. I amy be wrond about this best get another´s opinion here.

Also, did you have a service organizsation represent you in this at all?

Josh

Edited by Josh

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Joseph Hertrich (Josh)

Cartagena Colombia

Boulder Colorado

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Guest Jim S.

Don't get caught sitting about waiting. I would check in a week to see that your Dro review is being processed. If you wait six months to ask, your appeal time limit will have surely passed and your claim will be considered final. I would request something to show that your DRO has been received and documented as such. Don't start taking their word now.

Jim S. B)

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  • HadIt.com Elder

I second what Jim is saying about the DRO. Keep checking on it. I had asked for a DRO and just in time I found out the VA was sending my file to the BVA instead. Once the file is sent I can imagine it would take months to get it back even if the VA admitted they were wrong. Of course, it could also get lost on the way. Ask for a DRO Hearing. It is better than just the review. You just cannot accept the VA's word on anything unless you have it in writing.

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Is there any way you can get there to see what is in your c file?

I bet it might be right in it-

I do not believe a single thing they say- unless it is something good and then I triple check that too-

I found in my c file- all the stuff they said they didnt have and also at the SSA I found medical records from VA that they said never existed.

I sure would push for the DRO review-

and your vet rep should have a copy of the NOD as well as your PC most likely shows a dated one-

I strongly suggest Priority Mail - I always get tracking slips too- easy to track on the web-

I just spent 22.00 bucks on mail- all VA crapola- and copies of all to both of my vet reps- but still worth while to have the back up-

you could try this email addy - James.Nicholson@va.med.gov

or file a service complaint at the Query section of the VA web site.

Secretary Principi replied directly to me in the past via email- but this guy-Nicholson-

he sent a letter I sent him to the VARO and said it was a NOD-

on my claim- it had Nothing to do with my claim-I was griping about Blue Water AO vets and other stuff-

shows you what he knows-

It took them longer to find out my c file number and VARO than to take the time to answer my letter-

Also I suggest you call 1-800-827-1000 to see if there is anything on their computer than you did in fact file all of this. If you geta vet rep who cant read , call back for second opinion.

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They stated that the NOD had been received. Their 6 Oct letter to me asking me if I wanted a DRO or traditional appeal also proves they received the NOD. Their claim is that I never responded to the 6 Oct letter. However, I did on 10 Oct. In my response my first complaint is that if they had read the NOD they would have already known that I wanted a DRO review. All of my correspondence with the VA is done via registered mail with signed RRR. I have all of my little green cards.

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Heads up. These Ro personnel are all performing the same BS nationwide. I have had same DRO problems. Did not receive them via Mail and ect. I have a suggestion. If you are able, go to the Regional office and personally view the claims folder. This saved my backside when the VA lied to me about My hypertension and Migraines not being treated in the Military. I went right to the page in the service record. The response from them was DUH. I also found numerous mistakes they had committed. SO everyone it really can pay to go see the claims folder. ALso ask for a copy. These people make me sick with their actions. I wish there was a way for a veteran to gain redemption via the legal process.By the way, also check to see if there are any strange markings on the folder. Mine said excessive income, Asbestos exposure. I guess we all get labeled some way like Berta said in a previous post.

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