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. <_< )

[Jayg]

Call this a 'BUMP!'

New data since I answered Berta below.

Compare these answers with the ones earlier below and tell me, is it time for one of these actions yet??

1. I have submitted a request for a "personal (not DRO) hearing" Should I push that hard?

2. Go for that writ of mandamus.

"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."

This might not necessarily be a bad thing-

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..."

Writ of Mandamus-I disagree and don't feel this writ would have any impact at all in this situation. Any change in this opinion??

Writs of Mandamus are probative when Every means of administrative actions have been pursued to no avail. I feel like I'm about there. I guess go the 'personal hearing first.

You received a VcaA letter after you filed the claim that spelled out exactly what evidence they need to have? Had an SoC & an SSoC early part of 08. I NOD'd that and this is what this round is about. They altered much of that S(S)oC the better to deny it. Ie, said I claimed as service connected things I claimed as secondary or claimed things secondary to other things than I had claimed.

Were you able to provide what they asked for? Oh yes, I addressed all of that. Got them an IMO too.

I don't know what point you are at-the results of a DRO hearing will either prompt a decision of award or a SOC (or SSOC) and this will give you the keys to what is lacking. Yeah, but that hearing was back in March and they've transferred the DRO that did the hearing. I do believe they are intentionally dragging their feet.

Do you have a vet rep with offices in or near the same RO building? Yep, TVC. That reminds me, when they sent it down, they had another TVC rep look it over but left my guy out of the loop, whatever that may mean.

I assume you have copies of any C & P exams they did? Oh Yeah... I think you should recall my rant(s) about those. I have dumped a full rebuttal backed up by many pages from my records. photographs, all that sort of thing.

[broncovet]

Jayq

If you are convinced evidence has been shredded or altered, then you need to go another route, IMHO. File a "Special Handling Request" (SHR) due to shredded/mishandled evidence, and do so BEFORE NOV 19, 2009.

IN your SHR, point out exactly what evidence was not considered, and send in copies of the original docs exam (You can get that at your VAMC, usually fairly quickly..at my VAMC, I can pretty much get a copy of a medical exam in 2 hours or less).

If you dont get a response from your SHR, file a complaint with the VAOIG, alleging your SHR was also shredded as there was no response from the VARO.

I found the above more effective than a writ, and I have done both. Reason: The VA is super embarrassed both politically and with the media, thanks to Larry Scott, about the shredder incidents, and they want it to go away pretty bad. I think it is possible that if the national media got hold of this incident at the right time, it would drastically hurt Obama's chances at reelection. This is the reason they want it to go away quietly.

[Berta]

Yes=that is a way to go- and if they have never mentioned the IMO as evidence at all-send in copies of the proof of mailing with it proof of mailing for any other evidence you sent to them.

My testimony to the H VAC is on line and I just checked it- I sent to the H VAC copies of 53 USPS tracking slips of evidence I had sent to VA from 2003 to that point- 2008-none was ever considered by the VA- to include 4,000 bucks of IMOs

In 2009 the BVA acknowledged my evidence and awarded my claim.

If you have probative evidence that should lead to an award and the RO keeps ignoring it-you have to get tough.

The VA "October Incident" Fast letter # 08-41 is here under a search.You could attach copy of it right to your request .

This fast letter rescinds itself per Bradley Mayes VBA on Nov 30,2009-so best to get your letter prepared and sent to them soon.

[Jayg]

Thanks Berta. My ignorance needs some explaining on a couple of points.

One problem, big time, here is that every body is assuming I have any idea what they've looked at. As I noted, the S(s)oC of early 08 is the last indication of what they looked at/decided. Since then my file has been getting passed from rater to rater then the DRO hearing and exams and wait and wait and wai..... Until here recently when I'm told they made a rating. But then I'm told it's going back for more consideration... Still, I have no idea what they've looked at or not looked at... Right now I just want them to rate it, deny it, poop or get off the pot as Dad used to say. But until they do one or the other, (as far as I know) I'm stuck, can't do anything. And I'm sick of it. They have, long since had, everything they need to decide, they're just jerking me around. :D

Another question. What, exactly please, is a "fast letter"? Secondly, how do I use it?

Again, as I see it, correct me if I'm wrong, the object now is to push them into a decision since they've already done once. Right?

Yes=that is a way to go- and if they have never mentioned the IMO as evidence at all-send in copies of the proof of mailing with it proof of mailing for any other evidence you sent to them.

My testimony to the H VAC is on line and I just checked it- I sent to the H VAC copies of 53 USPS tracking slips of evidence I had sent to VA from 2003 to that point- 2008-none was ever considered by the VA- to include 4,000 bucks of IMOs

In 2009 the BVA acknowledged my evidence and awarded my claim.

If you have probative evidence that should lead to an award and the RO keeps ignoring it-you have to get tough.

The VA "October Incident" Fast letter # 08-41 is here under a search. You could attach copy of it right to your request .

This fast letter rescinds itself per Bradley Mayes VBA on Nov 30,2009-so best to get your letter prepared and sent to them soon.

[john999]

There is no way to push them into a decision. Have you sent an IRIS to ask what the status of your claim is now? When did you have your DRO Hearing?

[Jayg]

There is no way to push them into a decision. Have you sent an IRIS to ask what the status of your claim is now? When did you have your DRO Hearing?

Been about 2 weeks on the IRIS, that just said it was with a rating specialist or some such. DRO hearing was last March. I know they don't 'push' but I have to try especially since they extended a few points I can try to take hold of.