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]

Jay, writ of mandamus.

Check into it.

J

Ok. I am. In the mean time, care to drop a clue to help narrow my search? Is this writ the same thing as Jim's suggested "personal hearing" or something else altogether? Now I'm off on my search!

For all others, in relation to that suggested "personal hearing" suggested by Jim Strickland, I started a new topic fearing this 'un had pretty much run it's course.

New topic just called "personal hearing?"

[Jayg]

Jay, writ of mandamus.

Check into it.

J

Writ of Mandamus

"A writ of mandamus is an order issued by a court to compel an agency to act on a decision that has been unreasonably withheld. It is used in the VA context when the VA simply does nothing on a claim after you have asked that it be decided. It cannot be used to compel a particular result -- say, service connection -- only that the VA go up or down on it."

Still looking. But just how does one go about filing this 'writ'?

[cannoncocker]

Jay, writ of mandamus.

Check into it.

J

Not to hijack but this is what I believe you told me and what I boiled it down to:

(f) . . . The claimant or beneficiary and his or her representative will be notified in writing of decisions affecting the payment of benefits or granting relief. All notifications will advise the claimant of . . . the right to initiate an appeal by filing a Notice of Disagreement which will entitle the individual to a Statement of the Case for assistance in perfecting an appeal. . . .

PS Jayg, sorry, we must have been posting at the same time or I didn't see it. My bad.

So the VA has to notify you and then give you the opportunity to appeal that decision to reduce your rating?

Appeal=Nod Do they have to re C&P exam you, or is it on you to get an IMO and prove your disability? I understand they are required to provide you with a new SOC.

Thank you, I believe I am starting to understand the recourse.

Edited September 19, 2009 by cannoncocker

[Berta]

"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 dont have a decision yet do you?

Writ of Mandamus-I disagree and dont feel this writ would havce any impact at all in this situation.

Writs of Mandamus are probative when Every means of administrative actions have been pursued to no avail.

You received a VcaA letter after you filed the claim that spelled out exactly what evidence they need to have.

Were you able to provide what they asked for?

I dont 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.

Do you have a vet rep with offices in or near the same RO building?

I assume you have copies of any C & P exams they did?

[Jayg]

"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- I only have hearsay to go by but the DRO had told me, off the record, that he was accepting my IMO and was granting my claims for secondary conditions...

You don't have a decision yet do you?--- No.

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

Writs of Mandamus are probative when Every means of administrative actions have been pursued to no avail.

Since researching this, I have come to the same conclusion. Too, in another topic, Pete suggested the writ as he did me, but then backed up and said to go with a personal hearing. That, that was what he had done and won his case.

You received a VcaA letter after you filed the claim that spelled out exactly what evidence they need to have. Yes. My last SOC/SSOC was back in 2008.

Were you able to provide what they asked for? As far as I can tell, Yes. Evidence from medical records and an IMO. It's flawed in form but does state the doctor strongly believes my conditions are "More likely than not" service connected. He cited SMRs and has very good qualifications for rendering an opinion. his Curriculum vitae was provided 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.

As noted, the DRO was granting my secondary condition claims (if truth be told). But I also have a claim for TDIU but @ 40% am short of the traditional threshold. He had ostensibly ordered a C&P on my foot conditions to establish degree of condition.

Do you have a vet rep with offices in or near the same RO building? Yes, Texas Vets Commission.

I assume you have copies of any C & P exams they did? Almost. The ordered exam was done, That was the horribly falsified one I recently ranted about here. But that examiner also ordered an MRI on my lower back (first time for that) and clarification of report on my neurological exam. As for origin of my peripheral neuropathy, he only noted "idiopathic."

The final C&P report was only released just last week. I have a scheduled primary care exam Tuesday and will get the remaining records then. I have all preceding records already.

I hope this sufficiently answers your questions? If not, just say so & I'll clarify what I can.

Thanks!

Edited September 19, 2009 by Jayg

[john999]

Jayg

With the VA it is two steps forward and one step back. Remember that many vets here have been in appeals for years, so a setback of a year is nothing new. The whole thing is a process of sending in your claim, and then plugging every leak via SOC's and ratings you get back before you get to your goal. Since VCAA the VA has to tell you what they need to grant your claim. Your attitude should be that you will not be denied even if you have to swing from the VA's roof by your fingernails. It is a matter of time only. You will overcome! If it were just as easy as sending in a good claim and waiting for the grant there would be no Hadit.