hypertension Went To Senators Office They Wrote A Letter

[mrsvet28]

We are still at it -been helping MR. Vet recoop from his surgery-

Here is the latest letter as of May 08:

Senator Specter has expressed an interest in your appeal and will receive a copy of this letter.

This letter is in regard to your BVA remand of 4 issues of your appeal.In your inquiry to Senator Specters office your request to have an overdue DRO hearing for "nine issues which were reported in the SSOC dated Jan 08,08"/ Also you contend that you did not receive duty to assist in the presentation of your claims. / Further you contend that your compensation and pension examinations were deficient./ Finally you contend that errors were committed during the processing of your claims.

Please be advised that your appeal was remanded by the BVA on Jan 07,09 for the following issues:entitlement to service connection for PTSD-hypertension-left leg disorder-total disability rating based upon individual unemployability.

Per instructions of the BVA remand the RegionalOffice is to schedule you for a VA psychiatric exam,with request for an opinion, for the issue of PTSD,and to schedule you for a VA exam with request for an opinion for the issue of your left leg disorder.

Also, in their decision dated Jan7,09 the BVA made the following five determinations:new and material evidence was not received to reopen the claim for entitlement to service connection for hearing loss, left knee disorder,subcutaneous lumps to the left shoulder,left buttock,and middle back,service connection for chronic prostatis is denied and urinary disorder is denied .The decision of the BVA may be appealed to the United States Court of Appeals for Veterans Claims within 120 days from the date of the BVA decision. As the 120 day period has expired and you have not indicated that you have submitted an appeal with the USCAVC, we will accept your inquiry to Senator Specters as a claim to reopen any claim that the Board denied in its decision dated Jan 07,09 Specifically you will be advised in a seperate letter regarding the following five claims:whether new and material evidence adequate to reopen the claim for service connection for hearing loss has been received,left knee disorder,lumps to left shoulder,buttock and middle back,urinary disorder and chronic prostatis

Please be advised that your claim folder must be protected for a period of 150 days. The 150 day period following a BVA decision is considered a "special handling period" for the transfers of any claims folders that are subject to review by the US CAVC During this time period the claims folder may not be transferred to the VAMC Because the Board has requested a review of your claim folder at the time of your scheduled examination,your examination will be scheduled upon expiration of the special handling period.

Concerning your request for a DRO hearing please be advised that you were afforded a DRO hearing via videoconference at Wilkes Barre PA on Feb 12. 08.We can not accomodate you with another DRO hearing regarding the exact same claims for which you were previously afforded a DRO hearing. a BVA hearing or for which a BVA decision has been rendered. Finally regarding your request to have your VA exams scheduled after 4/27/09 please be advised no exams will be scheduled until July 09.

SO question #!: how can they say that the Board requested a review of folder at the same time of the scheduled exam- which was when?? and then retracted and said-no exams until July (besides the 150 day "special handling clause)

#2- When they sent the VCAA notice we had 30 days to submit already did that sent everything back in- But when I looked up the 150 day period Public Law-they arent allowed to add anything new to the c file--before the 150 day period expires(which I never heard of until now-)

#3- we already now that we have had hearings and that wasnt even a question from us-#4-why would they take the Senators inquiry to reopen another claim for all the issues theyve denied when we never said that is what we wanted to do

#5-the only thing we were trying to find out was when did they plan on doing the CP exams that the BVA requested-when I called the 215 Philly number-I was told A>that he may or may not need the CP exams at all-B>the c file was in Philly already-but yet the 150 days are not up-

So the convalucense just keeps going and going and going...............expeditiously, my **s!! Anybody who can explain this???? Thanks Mrs Vet

[john999]

I have deep suspicion of political critters actually doing anything for vets. Maybe Spector is different since he wants to curry favor after jumping ship from one party to another. Usually these guys are useless.

[mrsvet28]

I have deep suspicion of political critters actually doing anything for vets. Maybe Spector is different since he wants to curry favor after jumping ship from one party to another. Usually these guys are useless.

So technically they took the Sentor inquiry and took it upon themselves (the VSCM) to reopen everything that we already dropped and we are waiting as the BVA requested, expeditiously (which means crapola)another PTSD_CP exam so now we have a new claim that we never reopened they did yadayada idiots!!!!!!!!!!

[jbasser]

Chaos is the term I see here. Well orchestrated chaos.

J

[Rockhound]

Maybe James, James Bond can help. The VA may be a over selous fan and thinks that your Senator works for SPECTER and not that his name is Specter. LOL LOL LOL

Sorry, but I find with out some humor, dealing with the VARO can be as difficult as trying to decifer some coded message. As we all know, it's deny and delay as long as possible, hoping we will go away or die.

Rockhound Rider ;)

[broncovet]

This is the way the VA's "dances" around the issues. This letter was meant to confuse and to delay. You see, it is in the Va's best interest to delay your claim as long as possible because:

1. Employees get paid bonusess for delaying your claim. Source: http://www.vawatchdog.org/09/nf09/nfmay09/nf052309-1.htm

2. The Va wont pay anything if they delay your claim long enough because when you die, so does your claim.

3. The VA hopes you "give up" (abandon) your claim and you get nothing.

4. Even if the Veteran does not give up, and does not die, and the Veteran "wins" the claim, the Veteran still looses because the VA gets an interest free loan from the Veteran for all the years the Veterans claim is in "processing", as no interest is ever paid on delayed Veterans claims. However, the Veteran must pay interest on unpaid copays or VA loans, however, during this same time. In other words, the VA borrows the Veterans money, then "lends" it back to him and charges him interest on VA loans, student loans, and medical co pays. Its a giant ripoff to Veterans.

5. End Result: The VA delays Veterans claims to save money at Veterans expense. So VA goes to great efforts to delay Veterans claims as long as possible as it is profitable for them to do so. As long as the above "financial incentives" remain in place to delay Veterans claims, the claims backlog will continue to grow, and it will take longer and longer to "process" Veterans claims, as there is simply no incentive for the Va to quickly process Veterans claims.

Edited June 2, 2009 by broncovet