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

[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

[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.