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]

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.

[halos2]

I am not picking out one persons suggestions,and commemting about them, I am trying to use what all have said, and that is where I am at a stalmate position. I am twirling around looking/reading and spinning in circles...not gaining any ground at this time. You know it is like what came first the egg or the chicken, what do I do/send first... Thanks for your response. Good luck with your claim.