Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Denied Iu....

Rate this question


tagandbag

Question

  • HadIt.com Elder

The attorney called and said the DRO will not grant IU. The DRO said he doesn't care what the law or courts say about being 100% and when it should be applied. Take it to the BVA, is what he said and there is 850 day backlog at the BVA. I'm a lttle down in the dumps but what r ya going to do. Just have to deal with the ba&%#rds for another 2.5 to 3 years. :angry:

t&b

" In my many years I have come to a conclusion that one useless man is a shame, two is a law firm and three or more is a Congress"

- John Adams

Link to comment
Share on other sites

  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

if you have complicated medical issues and may not live 2-3 years your lawyer can ask for an expidited hearing my lawyer did in August 08 and my BVA hearing was in Feb 4 2009 BVA decision on 7 April and award letter 29 May and deposit on 4 June it never hurts to ask my claim has also been in the system since Nov 2002

100% SC P&T PTSD 100% CAD 10% Hypertension and A&A = SMC L, SSD
a disabled American veteran certified lol
"A journey of a thousand miles must begin with a single step."

Link to comment
Share on other sites

  • HadIt.com Elder
The attorney called and said the DRO will not grant IU. The DRO said he doesn't care what the law or courts say about being 100% and when it should be applied. Take it to the BVA, is what he said and there is 850 day backlog at the BVA. I'm a lttle down in the dumps but what r ya going to do. Just have to deal with the ba&%#rds for another 2.5 to 3 years. :angry:

t&b

I hope that you have documentation as to what the A**hole said. Get it in writing from your attorney if he is the one that heard this schumck say so.

If so, I'd make darn sure that I got it to your Congressman and Senator. They may have something to say in that regard.

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

Link to comment
Share on other sites

  • HadIt.com Elder

Testvet,

I don.t plan on kikcin the bucket anytime soon, knock on wood. I'll ride, however long it takes.

Larry,

Yes the lawer did make note. He actually told the DRO, your ignoring the rule of law, of what the courts say to do. His response was I don't care. My atty. was not a happy camper and plus DRO misplaced some other papers.

t&b

" In my many years I have come to a conclusion that one useless man is a shame, two is a law firm and three or more is a Congress"

- John Adams

Link to comment
Share on other sites

I wouldl request a meeting with the Director of the Regional Office. He is the boss of the DRO. May be able to get it resolved :angry:

"Don't give up. Don't ever give up." Jimmy V

Link to comment
Share on other sites

I would wait for the decision in writing -

check the Reasons and Bases Section

and follow Sharon's suggestion.

Sorry sweetie - wish it were granted.

carlie

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites

  • HadIt.com Elder

Tag, I don't get it either, sure there is some illogical thought on their behalf - hang in there, the law is there for a reason. Hearsay is that until written or recorded, isn't it. Keep focused on the end result too..getting the results and going the next step higher asap seems 'logical'. Okay, I try to convince myself between the ups and downs it'll all work out for us with apps in for IU.

Best to ya and 'good vibes man!' ...'Kellys Heros',

Cg'up2009!

For my children, my God sent husband and my Hadit family of veterans, I carry on.

God Bless A m e r i c a, Her Veterans and their Families!

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      First Post
    • kidva earned a badge
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use