I Hate The Va! I Hate Them I Hate Them I Hate Them

[SouthernBelle]

So, I'm so mad I can't see straight right now. They denied the increase again. I can't believe it, I really just can't understand how a DOCTOR'S OPINION, the DOCTOR WHO TREATS MY HUSBAND TREATS HIM! can be ignored for a lower rating. RATERS ARE NOT DOCTORS! DAMN, I'm pissed. I am sitting here shaking I'm so mad.

Edited December 15, 2008 by SouthernBelle

[rentalguy1]

read the evidence considered portion of the decision letter, poolguy. There are more pieces of evidence listed from he doctor that are supportive of a 50% rating than of a 70% rating. The evidence is not in equilibrium for or against a 70%, so 4.3 (reasonable doubt) does not apply. Section 4.7 does not apply either, because the degree of disability more clearly approximates the 50% evaluation, as proven by the evidence available and considered at the time of the decision. Had the newer evidence been available at the time of the decision, it no doubt would have merited a higher rating. Due to the slow nature of the rating system at this vet's RO, though, that evidence was not available. An attempt to appeal this claim will find the new evidence and merit the higher award, but it will change the effective date of claim to the date of the new evidence, and it will take a considerable amount of time to get there. This vet's spouse has eluded to current financial conerns. In light of that, a new claim for increase would be the most prudent route becuase of the lesser amount of time to adjuducation. It would cost them less than a few thousand dollars in retro money, but it would gain them a higher disability payment in a shorter amount of time, which can make all the difference to someone who may be struggling financially.

Please go back and read the evidence listed, and then apply it to the rating critera.

[john999]

I would send in the NOD and ask for a "DRO Hearing" which is different from a review. I asked for De Novo Reviews with my NOD's in the past and it did not work. All I got was a "cut and paste" denial based on the original decision. You got to insist on a personal hearing with the DRO. The hearing will be very informal and you can bring new evidence and testimony. This is your chance to make your main points. The whole claim can turn on just having a DRO read a few lines of evidence. They will record the hearing and get a transcript to you. You should get something from the VA confirming the fact you are getting a DRO Hearing. Have a VSO or someone who is calm, cool and collected present your evidence for you, and your husband. Whatever you do don't lose your cool. Everything in the VA system can be appealed.

[poolguy11550]

rentalguy1- read it, and I re-read it. I still come to my same conclusion. With that I guess we can agree to disagree. Seems to me that your more familiar with the situation of SB and her husband than I am- so I surrender on that point.

[SouthernBelle]

The DRO process is how I got the increase from 30% to 50% and the partial CUE award. I wanted to go that route again, but we're about 5 hours from the RO, and I do NOT want one of those "TV screen" hearings. I want the real deal, across from the desk.

I didn't lose my cool the first time around, the hubby did, (enough to kinda scare the DRO a little, and enough for the DRO to ask that I handle ALL matters VA related, it is in the transcripts! :P ) I want to do that again, so that's my next step.

I would send in the NOD and ask for a "DRO Hearing" which is different from a review. I asked for De Novo Reviews with my NOD's in the past and it did not work. All I got was a "cut and paste" denial based on the original decision. You got to insist on a personal hearing with the DRO. The hearing will be very informal and you can bring new evidence and testimony. This is your chance to make your main points. The whole claim can turn on just having a DRO read a few lines of evidence. They will record the hearing and get a transcript to you. You should get something from the VA confirming the fact you are getting a DRO Hearing. Have a VSO or someone who is calm, cool and collected present your evidence for you, and your husband. Whatever you do don't lose your cool. Everything in the VA system can be appealed.

[tssnave]

J - I will comply w/ your request to bow out of this thread though I am unclear what "administrative reasons" there would be that require me to do so.

Rental Guy - Thanks for the back up.

Regards,

TS Snave

[poolguy11550]

J - I will comply w/ your request to bow out of this thread though I am unclear what "administrative reasons" there would be that require me to do so.

Rental Guy - Thanks for the back up.

Regards,

TS Snave

Every argument needs a good counter-argument. I believe that 100%. I could be wrong and counter-points is one such way to provide the best advice to the veterans that post here in this forum. I think rental guy had it right- "I still urge you to consider what you are doing before doing it". That should apply to everyone asking for advise. Rental guy & tssnave I welcome your counter-views- this debate will make us all stronger in knowledge.