Continued Appeals Process

[Ricky]

I am in the process of tearing apart the SOC that I received on my case and submitting my VA 9. However, it is a personal goal in my life to come face to face with the idiots they call DRO's in Montgomery VARO. Therefore, I am willing to add the additional time to my appeal to make this happen but I do have a couple of questions: During the DRO hearing is it possible to receive an on the spot approval of the disabilities you are appealing? Is it possible that after the hearing there will be maybe partial grants of appealed items? If no changes are made after the DRO hearing will I receive a SSOC?

Ricky

[Ricky]

Thank you Berta but I really think that you give me credit for being smarter than I really am. Any simple minded old vet like me could have read through the SOC one time and been able to tear it apart since it was written by incompentent idiots. In my appeal for the temp six month 100 percent rating for my CVA they keep referencing "lack of recent disease". Has any one found a VA definition of RECENT issued by the VA? If so a link to that information would be greatly appreciated. Once the VA9 is submitted and if it is effective I would be willing to post it as an example on Hadit if needed.

[Guest Morgan]

"...incompetent idiots"... just the words I was looking for!

Oh, yeah, I forgot--Berta said name calling won't work! :P

[Guest jstacy]

Ricky, I hardly ever save something on the computer but this post will be saved for future reference.

One of the most well thought out and well prepared appeals I have ever seen and I have seen several that Attorneys have wroitten and none of those can touch that one. Great Job

[Ricky]

Morgan,

Also be careful of using the term VA Law in any official paper work because it is definitely an oxymoron if I ever heard one.

Ricky

ps. is the following to childish. I just wanted to poke at them one time since they are the ones that are keeping me up late at night typing this unnecessary appeal.

8) All medical evidence of record associated with this claim supports the fact that a CVA occurred in late January 2005, symptoms of a current and active disease were present then and continue to date. The only evidence of record supporting the VA’s claim is the interpretation and opinion of a non-medical trained rating employee. As such the use of their “evidence” to deny the claim brings to light other issues of non-compliance of 38 CFR. Surely the VA is not trying to show their 1 piece of non-medical evidence against my 5 pieces of medical evidence meets the preponderance rule. In any game, even the games played by the VA, 1 Vs 5 does not meet the common or legal definition of “preponderance of evidence”. The bottom line is that the preponderance of evidence in this claim is truly in favor of the veteran and demands the approval of this claim.

[Guest Jim S.]

Anyone Care To Add To The Discription Of The VA Rater Just a way to release some of that pent up whatever that seems appropriate.

B) Incompetent Idiots

:P Ignerant, Incompetent Idiots

[Guest Berta]

Ricky- maybe you could do what I did regarding their interpretation of "recent"

Use any real good on line dictionary and copy and paste their definition of 'recent'

right into your argument in the appeal---the one that makes the strongest point you need-

I did this because a VA doc said my husband was "certainly at risk" for diabetes-in 1992 yet felt the VA never diagnosed him because he showed no symptoms (I sent them a long list and all of his chem charts)-and he died of DMII complications in 1994 - so I highlighted "Risk" as defined in Wikipedia-and

when it was pasted into the I-9 ,the type was bigger and darker than my Arial type and it sure sticks out- they can't miss it-

Obviously even with the few pages of the med recs this doc could determine his being at risk- so I made that point too-

WORDNET states this: RECENT

"The adjective recent has 3 meanings:

Meaning #1: being new in a time not long past

Meaning #2: of the immediate past or just previous to the present time

Synonym: late

Meaning #3: near to or not long before the present"

It IS a war of the words- "lack of recent disease"-ridiculous-

a stroke (CVA) is an event of brain damage-

even the mildest forms of brain ischemia can have profound long term consequences.The VA cannot cure brain trauma like this.It doesn't miraculously disappear.

Do you have the actual MRI results Ricky? or any narrative at all by a Neuro doctor regarding this CVA? As to what part of brain etc?

Are they giving you meds specifically regarding this CVA?(further proof of continued disability) any anti clotting meds?

Even Thiamine- (B 12) can be given for any neuropathy due to a stroke---

Edited February 22, 2006 by Berta