Blowing Fuse! >:(=)

[Jayg]

After the usual long wait, back in March I finally get a DRO exam. Brought a supportive IMO to the exam. The DRO was satisfied with the IMO, but wanted a C&P to establish some numbers or some such. Well, a C&P on Foot related secondary conditions wandered rough shod all over my whole claim, falsely shredding every condition claimed misquoting or omitting comments from records all the way. Then this examiner ordered a couple more exams (MRI and a repeat of a Neurologists exam which cited problems but only gave "idiopathic" as cause.

In the meantime... my DRO got transfered to another area but was supposedly still to work his cases. Now. Finally. The report ordered from March this year has just been submitted to VARO as of a few days ago. I haven't gotten my hands on the final report yet but have no doubt it will be utterly damning. I'll be surprised if I don't have to fight to hold on to what I have! forget an increase! B)

Here's the kicker. The DRO who saw me, listened to my arguments and had some input from me? Yeah, well forget it. As of yesterday I find out that my file is back with the "appeals development team."

More than a year's waiting, counting the wait for the DRO hearing, just flushed away.

RIGHT... BACK... TO... SQUARE,... BLOODY... ONE!!!

Jim Strickland told me I probably wouldn't get a decision this year. Not surpising but looks like he was right again. And without a decision of some kind, I can do nothing, nothing but wait, and wait, and wait...

I am so mad I could.... (pick one- short of suicide or committing mayhem, ain't going there. <_< )

[broncovet]

For more on the "fast letter" and the shredder scandal go to :

http://www.vawatchdog.org/09/nf09/nfmar09/nf031509-3.htm

In a nutshell you have until Nov. 17,2009 to send a letter to the VA that you have been a victim of shredding, and the VA has to accept your evidence. Dont wait past the deadline. Get it there by Nov. 17, dont mail it Nov. 17, and send it certified mail return receipt requested.

[Jayg]

For more on the "fast letter" and the shredder scandal go to :

http://www.vawatchdog.org/09/nf09/nfmar09/nf031509-3.htm

In a nutshell you have until Nov. 17,2009 to send a letter to the VA that you have been a victim of shredding, and the VA has to accept your evidence. Dont wait past the deadline. Get it there by Nov. 17, dont mail it Nov. 17, and send it certified mail return receipt requested.

Ok. I have the picture. But, I don't know if this is something I can use. I received my copy of the C-file only recently (say, 30 days) and I do not recall (I will double check) seeing that anything was actually missing or altered within my C-file. I know they had my IMO because I hand delivered it the day of the DRO hearing and the DRO made reference to it. (he said he was accepting it over a prior C&P exam that was trash.)

I'll go crank out another IRIS soon as I post this.

On the phone today my TVC rep said he called the "coach" or "Supervisor" (he used both terms) and pointed out I was on a financial Hardship status and got That person to agree to get on deciding who to give it to. So I'm supposed to check back Wednesday.

Where I am having records falsified is at the VAMC C&P dept.

[Berta]

I think part of the Problem might lie here:

You don't have a decision yet do you? I was told I did, a rating, one that my TVC rep said would make me "Very Happy indeed." It just had to go through a supervisor's review because of high dollar rating. Well, that rater kicked it back up for "more development." That was a week ago. as of today, it is with another supervisor "who has not yet decided who he wants to work it..."

Here is where contact info is for everyone at TVC-you might have to go higher then the rep who told you above info.

http://www.tvc.state.tx.us/HTML%20Pages%20...C_Directory.pdf

[Jayg]

You may be right there Berta. for right now, I have a plan. Tell me what you think...

I have submitted a request for a personal hearing. Next week, push for that. I have no idea how long that may take to get but not all that long, relatively speaking I understand.

Depending on that, give notice of intent to file a Writ of Mandamus.

That doesn't work, file the writ of mandamus.

My goal here is to get them to, as Dad used to say, (family version) "poop or get off the pot." What I want is a decision. Any decision. At this point I really don't even care if they deny everything across the board again. Because at this point I'm going straight to an attorney if they don't grant.

I think part of the Problem might lie here:

You don't have a decision yet do you? I was told I did, a rating, one that my TVC rep said would make me "Very Happy indeed." It just had to go through a supervisor's review because of high dollar rating. Well, that rater kicked it back up for "more development." That was a week ago. as of today, it is with another supervisor "who has not yet decided who he wants to work it..."

Here is where contact info is for everyone at TVC-you might have to go higher then the rep who told you above info.

http://www.tvc.state.tx.us/HTML%20Pages%20...C_Directory.pdf

[john999]

I think the more requests for hearings and the more you rattle the VA's cage the more excuses you give them to delay. If you were going to get a decision last week you might want to wait until you talk to your VSO about asking for a hearing. This might set back your decision by months if not years. I don't think you should do any more until you get the decision. How long have you been waiting for a decision on your claim?

[Berta]

I feel John is right.

I see absolutely no basis for a writ of mandamus and I sure don't think you would get a hearing faster than anyone else does and it would add more time to your claim.

If a vet rep told me what the rep from TVC told you-I would be on them at this point to let me know exactly what I would be "happy" with and what the exact status of the decision and the cash was.

And I would ask that info from someone at TVC who could actually verify this.

(I dealt with TVC in a similiar situation but not a personal claim-I am in NY-not Texas-I ended up calling the highest person I could contact at TVC to get it straightened out. (The HBP on AO presumptive list info last year that was based on erroneous information from someone TVC and when it was published many HBP AO vets thought they could get an award.)