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

[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.