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Contacting The Va Secretary


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 (see edit history)
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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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Thanks to all of you guys and girls for the responses. It sure helps to have great people like you on my side. After all I am still a "baby" in this claims stuff compared to those of you who have spent years fighting with these incompentents. I am able to drive to the VARO and review my C-File. It is only a 3 hour one way drive. However, I will wait a few days and let myself calm down. If I were to go this week I am afraid that I would grab one of them and kick the sh--t out of them. Once I got my hands on them I could let go of my cane and use them for balance. I bet that would hit the local news - "deranged veteran goes beserk and kicks the crap out of Mr. VA Rep. It is hard to understand the actions of this vet since the VA truly tries to help each and every veteran that has served our country". Yeah right, they try to help alright.

As it stands my course of action is to call on a daily basis to determine what story the next telephone rep will tell me. I will send a complaint via their email link and then plan a trip to Montgomery very soon.

Once again you guys are my hero's and I truly appreciate all of your input. May God bless us all, for it is certain that our politicians and the VA has forgotten us.

Ricky

PS. What does the amount of money you make have to do with a damn thing???????? I make a good living for my family at this time but I also served my country for 25 years while making them live month to month and eat a lot of potato soup. Their sacrifice was far greater than mine. I think it is about time they got a taste of the good life eventhough I am disabled.

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I am sorry but I forgot to ask - does anyone else on the board deal with the Mongtomery VARO?

Thanks

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Guest allanopie

Terry,

You sure give good advise. The VARO & DRO reviews, are lie & deny till you die tactics. If you are lucky enough to find an adjudication officer with a lick of common decency & since, you will likely find out they are probably retiring. The rest will follow the "rule of plumbing" & survival in the DVA & produce as instructed.

I think it was 97 or 98 when my claim went to the BVA. So far, its been nothing but the same through remands. My advice is, we should file our claims for SC as soon as we can, learn all we can about DIC claims & try to prepare our spouses the best we can before our lives are gone. Justice does not exist for Veterans in the US. You must be a legal or illegal citizen, before you are respected enough to have rights to a legal & just review in the US.

Veterans of the US, are used & damaged equipment & not subject to the laws governing its citizens in a legal process. Where veterans are harmed the most, is when we start believing otherwise.

Learn all you can about your enemy!

Dear Fellow Veterans & Friends.

DRO hearings are voulentary and just a waiste of time. You want to wait half to a full year to get a hearing and then the answer? You could have your BVA ruling in less time. Ive personallly experence and have herd to many times where the DRO photo copys the last rulings and sends it to the vet. If they are using bad faith claims tactics now in your case. What makes you thinik they are going to change.

The best way I can make this a example that will stick for each vet is for them to report there results in DRO or reconciderations with the VA. It is my experence the VA RO will prove my point over and over again. Then the vet has to start asking himself why they feel the VA will be differnt to them than the majority of the rest of the vets they screw over. Going to BVA as soon as you can is the quickest route.

Terry Higgins

Edited by allanopie (see edit history)
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Ricky- I used certified mail for years- had so many green cards I felt like an illegal alien-

Now I use Priority and tracking- but as we all know-

it doesnt seem to matter-

A vet rep told me last week our VARO mail room is weeks behind in sorting- that is just unconscionable-

actually I didnt believe this-just one more VA excuse to string claims out as long as they can---

I requested a copy of my c file by mail-last year-

they actually sent the whole thing and I was stunned by what I found in it-

one thing- a Medical report that supported my Sec 1151 and FTCA claim -that the District COunsel had ordered-supported my claim within 4 months after I filed it-here the VA said they never got it-

I called VA counsel at his home-I was so ticked and he (who has just retired thinking I won my claim-said he hand carried it from VA GC to the VARO ). The I saw the medical director who had prepared it and he had no access to the PC it was on but he assured me it had been prepared and sent to counsel-

The VA said it never existed.

It was right at the bottom of my c file that they copied and mailed to me.That claim could have been awarded in 4-5 months-but it took over 3 years.

The VA -in the c file-had even documentation of what I was wearing when I was at the local VAMC raising hell over Rods care-The pharmacy had sent him another vets meds by mistake and-with his visual impairment he had taken them-the other vet (I found his name in the meds and called him-

here he had been begging the VA for his meds and they kept saying-we mailed them to you-) They tried to blame the PO but I took so many photos- we still had the mailer- but Rod had died within days of taking these meds.

Ironically- these meds were at the dosage he SHOULD have had for 6 years-

Plenty of other VA medical screw ups killed him- not these meds.

Some internal notes however- even though they gave me a hard time on the 1151 claim- did indicate they took it very seriously and the actual medical records clearly reveal how the cover up occurred.

Edited by Berta (see edit history)
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  • HadIt.com Elder

you have to make an appointment to veiw your C File, you can NOT just show up and ask to look at it, they make an appointment, and someone is present with you when you are looking at it, you can not take or add anything, I do not know if they will copy anything for you or not, maybe someone else can answer this, they will only give you one copy of it, I do belive later on in life you can ask for copies of new documents added after you received the last copy. Do not spend a few hours driving just to be disappointed. Contact your VARO on how to make the appointment.

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I am sorry but I forgot to ask - does anyone else on the board deal with the Mongtomery VARO?

Thanks

The VA tried to use this BS, it is what they tried to use against me.

§ 4.1 Essentials of evaluative rating.

top

This rating schedule is primarily a guide in the evaluation of disability resulting from all types of diseases and injuries encountered as a result of or incident to military service. The percentage ratings represent as far as can practicably be determined the average impairment in earning capacity resulting from such diseases and injuries and their residual conditions in civil occupations. Generally, the degrees of disability specified are considered adequate to compensate for considerable loss of working time from exacerbations or illnesses proportionate to the severity of the several grades of disability. For the application of this schedule, accurate and fully descriptive medical examinations are required, with emphasis upon the limitation of activity imposed by the disabling condition. Over a period of many years, a veteran's disability claim may require reratings in accordance with changes in laws, medical knowledge and his or her physical or mental condition. It is thus essential, both in the examination and in the evaluation of disability, that each disability be viewed in relation to its history.

[41 FR 11292, Mar. 18, 1976]

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