Received Brown Envelope Today ? What The F ?

[halos2]

So I filed my claim in 2007 then in 2008 I get a letter denied(the usual) and I sent in a NOD with DRO review 2009 and DENOVO review.

Today I get this denial letter they received a NOD but no response to the election letter. HELLO it was clearly typed on the same!!

My VSO handed it to the VARO, as they walked across the hallway. It is ridiculous reading the SOC. They have my old compensation rate on the letter, and so much info is???? in limbo??

SO the letter states after we receive your appeal we will send your case to the BVA...

Also it is stamped signed by yet another NEW Acting Service Center Manager.

I won't be able to speak with my VSO till monday. What more could they do with my claim?

I guess someone can't read a NOD with DRO DeNovo review , and they can't read what % my compensation is either.

So how do I get these jokers to review my file and see their errors NOW before they try to send it off to BVA?

Do I request a personal hearing with the DRO? Even though the letter states I can request a personal hearing with the traveling board...I am not to be at this level!

Thank goodness they haven't jacked with my % received, as of yet though!

I have more info to send them as my vso said to gather all I could too.

Don't tell me I have to go the BVA route cause they screwed up again...I already have one at BVA. Why is it so obvious to work the claim yet they constantly try to F with us vets. When one has serious mental issues it is so wrong to not follow their own regulations.

Should I get my senator involved? Congressman?

Or wait to see what my VSO says on monday?

Any help/advice/recommendations/hints are very much appreciated. Peace be to all. Halos2. :D

Edited June 28, 2009 by halos2 (see edit history)

[evandc]

Call the President...Be too long to wait until Monday.

[vaf]

My suggestion would be to work it on two fronts.

Write a brief but cordial letter explaining the VA's overlooking your request for reconsideration prior to forwarding the NOD to the Board, and send in a copy of the NOD with that part highlighted, and attached to the cover letter. Mail it via certified mail, return receipt requested.

At the same time, call your VSO on Monday, explain what happened, and since he's right across the hall from the VA, ask him to clear up the misunderstanding.

Better to do it twice than trust that it be done once by someone other than yourself.

I don't think this rises to the level - yet - of asking for Congressional assistance, and would only slow it up. I believe in asking for such assistance only as a last resort, when you've run out of options, and have tried all other reasonable means to solve a problem.

Edited June 27, 2009 by vaf (see edit history)

[halos2]

Thanks VAF...

I have had more than my share of getting dissed by my VARO...No Virginia, I am not dead, nor will accept the fact that you(VARO) loose important info, no VARO you can't sever my %/claim, amongst the routes they have put me through(highly condensed version, mind you).

I am still so disrought over the fact they won't stop f ing with my claims!!

My suggestion would be to work it on two fronts.

Write a brief but cordial letter explaining the VA's overlooking your request for reconsideration prior to forwarding the NOD to the Board, and send in a copy of the NOD with that part highlighted, and attached to the cover letter. Mail it via certified mail, return receipt requested.

At the same time, call your VSO on Monday, explain what happened, and since he's right across the hall from the VA, ask him to clear up the misunderstanding.

Better to do it twice than trust that it be done once by someone other than yourself.

I don't think this rises to the level - yet - of asking for Congressional assistance, and would only slow it up. I believe in asking for such assistance only as a last resort, when you've run out of options, and have tried all other reasonable means to solve a problem.

[vaf]

Well, it's easy for me to tell you you need to wear this issue like a loose garment, and not a tourniquet. I don't have PTSD or anger management issues, and in fact, got into doing what I do here because I didn't want my husband going near his own claims because of the stress, anxiety and anger it would cause him.

We have our own horror story that started even before my husband was medically retired after 20 years of service. However, I really have to work at not getting mad, which clouds my thinking and my ability to write an NOD, a brief, or whatever I need to do to accomplish my goal. I get even, and try to hit them every opportunity where it counts -- in their wallet...

[john999]

Go to the VARO and tell them you want a DRO Hearing. You can stop this thing. I did the same thing myself. I asked for a DRO and they were going to send it to the BVA. I sent in a Form 9 and wrote on it I wanted a DRO hearing. Hand deliver the Form 9 to the VA with your request for a DRO Hearing. How far are you from the VARO?

[halos2]

john999, I am just under 160 miles away. It is down town in the city of St Louis. I am terrible to drive in traffic...I become a basket of nerves to say the least. I had to go there a few times before 92004-2007) and left at odd hours of the night and waited for hours. I have to stop and get out of the auto as my lower extremities get numb sitting for long periods of time and the back pain is horrendous too! I have to copy the directions to get there from mapquest, as I find it so traumatizing on the roads there I lose my way. Each year makes it more difficult for me to get there. I am getting nauseated just thinking about having to go down there. A courier service wanted $150.00 each way...no can do, no funds.

I will do what I have to do to avoid BVA though. Do you think my VSO might be able to get me the hearing? I have an email from him stating if they deny my NOD with DRO and DeNovo I could still request a personal hearing, which is what I wanted to do in the first place. I keep my emails from him, and this was in feb he wrote this to me. In it he states the VA has my NOD and will go with the DRO DeNovo...I will fill out a form 9 and fax it to my VSO, but if he thinks he can't get it corrected, then I will have to figure out someway to get down there. I appreciate all the assistance received here. My VSO hand delivered my info to the VARO manager I was ALIVE, and to put me back into the system. So maybe he can do the same here too, I hope at least.

I know my poor dog knows I am a basket case as I yell and scream alot but not at him, just to let it out before I go totally insane with the wrongdoings that the VARO continues to inflict on me. :D

Go to the VARO and tell them you want a DRO Hearing. You can stop this thing. I did the same thing myself. I asked for a DRO and they were going to send it to the BVA. I sent in a Form 9 and wrote on it I wanted a DRO hearing. Hand deliver the Form 9 to the VA with your request for a DRO Hearing. How far are you from the VARO?

[sharon]

Did you complete and send in the Form 9. That is the election letter they are referring to. If you have, send in a copy of the Form 9 and request a local review.

[halos2]

No I did not send in form 9...but I did speak to my VSO this morning and he told me to fill out form 9 and write a letter that I requested a DRO review and for my file to be reviewed as was previously stated. I found him to be extremely cold and again somewhat condescending. I have been doing all of this work and his ever so lightly attitude infuriates me!

I reminded him of the emails I sent to him where I asked for the DRO and DeNovo review, and he stated "DRO is a DeNovo review!" I didn't want to argue with him, but not all DRO's do DeNovo unless specifically requested!

I want more suggestions on what to write on my Form 9 and also on a 646...BERTA, or anyone else versed in this arena, this is where I need your assistance to guide me with this process. I am so rattled now I can't calm down to think clearly. This is more of a nightmare, since receiving the "brown envelope" saturday afternoon.

Ammunition with the correct sentence wording of what I need to write would be greatly appreciated as I am having a melt down over this!!

I am so pissed off and it doesn't stop.

Thanks be to all who help on this site and praise be to you all too. halos2

[allan]

halos2,

vaf gives good advice. It will do nothing but burn a hole in your gut & spirit to get stressed over VARO or BVA actions. They are set up to deceive you & discourage you from continuing your claim. They encourage vets to end their lives and draw a paycheck by doing so.

You can expect the same treatment over and over again. VARO, DRO & BVA level.

It's not that they can't read the evidence/information you send them. It's that they are instructed to walk around it in any reply back to you and that includes decisions.

Evasion is the game. Zig zag pattern.

[Berta]

I agree with what your vet rep said-I dont see the difference between a DRO review and a denovo review.

The complete DRO job description is here at hadit. (and in M21-1MR Part One 5.C.)

I suggest that you file the I-9 but since the DRO hearing worked for John that too might be good way to go.Ask for this hearing but make sure you file and send them (and your rep) the I-9.

A claimant can ask for a local hearing at any time as long as the claim is still before that specific local VARO with jurisdiction.

38 CFR 3.103c) (l)

The I-9

Somewhere here under a search is a post I made sometime ago as to how NVLSP recommended preparing an I-9.

I talked to them about their advise -which I sure followed and they were very glad I posted this info here-

I just dont know where it would be found under the search feature-

maybe under Preparing the I-9

They suggested in the VBM adding in the first page (I had to fit this into the # 9 part of the I-9)words to this effect:

"I take exception to and preserve for appeal ALL errors the VARO may have made or the Board hereafter could make in deciding this appeal.This includes all legal erros, all factual errors,failure to follow M21-1, all due process errors and any failures to discharge the duty to assist as violations of basic VA laws within 38 USCS and 38 CFR."

I am glad I did that as my BVA award letter did take note of the VCAA violation I griped about for 6 years--- which was rendered moot by their recent favorable decision.

I griped abpout this legal error in every document I sent to them regarding this claim.

# 10- the I-9

Immediately tell them what legal errors they made and why the decision was legally and/or medical wrong.

I dont see in your posts the exact reasons they denied.

Did they ignore critical medical evidence?

Or did they list this evidence in the SOC under Evidence but fail to address it in the narrative?

Did the evidence you sent comply with what they VCAA letter asked for and then did they fail to give it any weight?

Did they fail to send you a legal VCAA letter and/or election notice?

If they based the denial on a C & P exam-I hope you have the actual exam results.

I suggest going over the C & P exam line by line and then rebutting anything there that is medically incorrect.

Use common sense as well as medical evidence to rebutt the C & P.

You can attach more pages to the I-9 but it is best to raise your strongest points on page one-under Item # 10.

I somehow got my whole argument under # 10 but attached 5 or 6 additional pages to expand my argument that the VA "decided my case incorrectly" as Item 10 states-because

they did not read any of my medical evidence for -at that point- 5 years.

Only one sentence in the first submission I made with my formal reopened claim was ever used-by the C & P doctor and I emphatically shot down what she said.

The BVA award mentioned this specific document and I think they mentioned it because I got this into # 10 on the first page-

I recommend writing these # 10 arguments in Word and then pasting them into the # 10 part of the form and then copying the I-9. I was able to reduce my font a little to make sure I got my prime rebuttal into page one.

In the expanded pages I raised the fact that my claim involved symptoms documented in my husband's med recs back in 1988 that were due to AO. The BVA picked up on this in their remand as this is now a Agent Orange class Action award.It showed me that the BVA did read all of the pertinent evidence they had but I also made an exhibit list to mention again every piece of evidence I had sent to the VARO-just in case.There were 53 submissions of evidence.All but one were apparently sh-t canned I guess by the VARO.

You have to focus solely on the wording of their denial and how they "decided" your claim incorrectly as the item 10 says on the I-9 form.If you do get a DRO hearing- and this could turn it all around-the DRO will have the I-9 itself as your final argument and your I-9 might clarify the issues and could even prompt an award.

Medical evidence is what wins claims.Make sure with a list attached to the I-9 that the VA acknowledges all of your medical evidence on the list at the DRO hearing.

[LarryJ]

DRO hearing also worked for me. My VA psychiatrist sent them a letter, then called the VARO DRO and read him the riot act (I actually was there when the phone call was made, BTW). It took 2 weeks and I didn't even have to appear. Went from 20% to 70% and TDIU P&T.

[broncovet]

Its up to you, but a DRO review is usually much faster than a DRO HEARING. Reason: Hearing officers are booked up for several years, while DRO reviews can be done at the regional office, so scheduling a hearing takes a long time.

You wont get to speak to a DRO officer with a DRO review, but you can tell your side of the story on a "STatement in support of claim"

You can carefully plan out exactly what you want to write down, but you could get tripped up in a hearing, where they ask you questions.

IMHO, you best bet is a DRO review and skip the hearing.

[halos2]

Larryj, when I had my personal hearing with a DRO for another condition ...granted...deceased...tried to sever...it went from 30 to 50 but seems VSO thinks DRO 1st then if not granted go for hearing with DRO??

DRO hearing also worked for me. My VA psychiatrist sent them a letter, then called the VARO DRO and read him the riot act (I actually was there when the phone call was made, BTW). It took 2 weeks and I didn't even have to appear. Went from 20% to 70% and TDIU P&T.

[halos2]

Bronco, thanks for emailing me the hearing/audio info it is GREAT and I believe will be beneficial with my claim...seems the VARO conveniently ??LOST?? my DRO request...so thats why they are trying to send traditional to BVA. Info from me and my VSO designates the dialog on DRO or DRO hearing from months ago. However form 9 written to dispute them jumping the gun and not utalizing DRO as requested...DOn't know what they will do with this now?? Hoping they will go with what was originally requested! But you know how they act. :D :)

I did have a DRO hearing in the past and it helped for that condition. Evidence was in file/SMR and I brought more to substantiate it too. But it took over 7 mths to schedule, then another 7+ months to get transcripts and award letter too. I know it will be worse now too.

Its up to you, but a DRO review is usually much faster than a DRO HEARING. Reason: Hearing officers are booked up for several years, while DRO reviews can be done at the regional office, so scheduling a hearing takes a long time.

You wont get to speak to a DRO officer with a DRO review, but you can tell your side of the story on a "STatement in support of claim"

You can carefully plan out exactly what you want to write down, but you could get tripped up in a hearing, where they ask you questions.

IMHO, you best bet is a DRO review and skip the hearing.

Edited July 3, 2009 by halos2 (see edit history)

[broncovet]

Yes. Isnt in interesting that the documents that the VA RO "looses" almost always favors the Veteran? Why doesnt the VARO shred C and P exams that are UNFAVORABLE to the Veteran? Never. That bad exam will NEVER get lost in the shuffle, never get ignored, and instead will be cited for reasons they denied you.

I am glad the hearing loss manual helped you..on page 60 it explains how hearing loss, depression, tinnitus and occupational deficiencies (that is, TDIU) are all related.

[john999]

Even if it takes a little longer, and I am not sure it, will I would ask for a personal hearing with the DRO. You can ask the VA directly regardless of what your VSO says. A certified letter will do.

[halos2]

Thanks john999 for your help too. I would go totally insane if I didn't have the assistance of all the knowledgable vets. The assistance we all receive is so valuable to our being. <_<

[ruby]

Someone was kind enough to me to loan me a copy of their Veterans Benefit Manual written by an attorney he stated you should write the following and specifically state also that you want a dro telephone or personal hearing.

I hope this helps

This is a notice of disagreement (NOD) to the VA letter dated ????. I disagree with all the adjudicative determinations mentioned in the above referenced VA letter and any enclosures thereto, except for those, if any, that I specifically state here that I do not want to appeal. Therefore, my notice of disagreement specifically covers all the determinations made by the regional office unless specifically excluded. I also disagree with the RO’s failure to adjudicate issues and claims it was required to adjudicate. I am specifically referring to issues that I may not have discussed but which were reasonably raised by the evidence in my VA claims file or in the VA’s possession that should have been inferred by the regional office. This appeal also includes adjudicative determinations that were mischaracterized by the regional office. If this appeal is not resolved favorably, please send me a Statement of the Case so I may appeal this decision to the Board of Veterans Appeals. In addition I am requesting a Decision Review Hearing either by telephone or a personal hearing.

Apparently, somewhere along the line if you don't nod a inferred claim you can lose it, if you only state one disagreement and there was something you missed you lose it after a year. This statement covers everything.

[halos2]

I am getting confused???

Do what first, second, third??

Write a letter and say that I disagree with their decision to send files to BVA, because they did not utalized the NOD with the DRO I asked for...??

Also put this stuff on the form 9 and what do I check on the 3 check box areas, which one??

My VSO says a dro review could occur as I requested but he seems to think if denied, I could ask for a DRO hearing and bring up my issues face to face. Then do the form 9 if not favorable...I don't trust them and have 6 weeks left of the 60 days they gave me to fill out the form 9.(SOC date they sent to me)

Confused what to do now?? I am tired of the BS with them, I don't want to be late getting anything to them.

What about my emails I sent/received back and forth with my VSO stating what route to take with the VA first? Can those be used as evidence my dro was requested and what to do next??

I am now having a good week...I can't get my stuff together rightfully. They have me coming and going trying to confuse me with their BS.

Can one spell/write it out for me which avenue to do right now first??

Thoughts/suggestions especially those used to WIN by those who have won, B) are greatly appreciated. :)

[broncovet]

Halos2

The statement

Ruby made was for a NOD. It is to CYA just in case the Regional Office "forgot" to mention one or more of your issues. You see, unfortunately, if you apply for 3 benefits and the RO decision denies one of these, the others are "deemed denied", that is, secretly denied. It is one of the many boobie traps that Veterans must face to try to get their claim approved.

Ruby merely suggested including this statement with your NOD because if you do not appeal a decision, it becomes final within a year, even if the VA "forgets" to address all your issues. This is a huge ripoff to Veterans..the VA is not even required to process your claim, they can just 'blow it off' and it will be denied automatically...that is, deemed denied. In order to "blow off" the Veterans claim, all the VA has to do is make a decision on one issue, and just not mention any of the others. The courts have ruled the other issues are "deemed denied.

The courts agree this is not fair to Veterans, but indicate that congress has to fix it.

Personally, I am "taking on" the Va on this very issue. The court case, Roberson vs Principii, IMHO prevents the VA from doing this, as congress has required that the Va consider all the Veterans claims before deciding the case.