I Think Va Wants To Make A Deal? Hold It!

[Jayg]

_{^{Hi all.}}

_{^{I carry TVC, Texas Veterans Commission as my Veteran Service Organization. Jim Strickland calls them one of the better ones. I called them to check the status of my appeal which they told had received a grant with which I should be, not just "pleased, but "very pleased." So much so with what was granted, that I should want or be willing to drop certain parts of mt claim. From my perspective, the only thing that will do that for me is an increase to minimum of 70% and IU but I didn't say that to the guy. Anyway, its been the old waiting game again.}}

_{^{Being onn pins & needles, tenter hooks, take your pick, I called TVC today to check on the progress. (the 800 # doesn't even know a grant has been made) The fellow looks and says hold up. They, TVC, have my file. It was sent to them but he couldn't say why. My regular contact there (who was in hearing earlier) was going to lunch by then but said he wouldcall me afterwards... OHH--Kay!}}

_{^{It was much later but he actually did call back. They wanted a counselor to talk to me about accepting what they have approved while dropping the rest. If theyhave granted the IU, with at least 70% s/c, I will be fine with that.}}

_^B~U~T~!

_{^{I DO NOT want to lock myself out of anything I may need to pursue later. What I would like to know is what specific action, what wording, will leave me the option of reopening a condition, either named in my present claims or as something new, later on.}}

_{^{Help me CMA here,}}

_{^{pul-l-eeze!??}}

Edited October 16, 2009 by Jayg

[Jayg]

Just for the record, this claim goes back to 2005, some of it 2004.

[vaf]

Oh, a certain percentage of ALL of our claims are pulled for review at random anyway. It is NOT only the big retros that get checked.

They're just trying to catch BIG mistakes is all.

James, would you call a situation where the VARO told the Board that the veteran dropped a Board-remanded appeal without a final Board decision, when the veteran did no such thing, a "big mistake?" The appeal in question is now 15 years old, which is the kind of situation where big retro payments occur due to such a lengthy delay.

My husband filed a writ of mandamus petition last year about this remanded appeal, first appealed in 1994, to force the AMC to issue an SSOC, which it did. He then filed an NOD in Novemher of last year and waited for a Board decision. When the VARO told the Board he had dropped the appeal, without his ever having spoken or written anything remotely associated with dropping it, the Board reinstated it but is still sitting on it. So, we filed another writ petition and are waiting for the Judge to decide what comes next.

These are the kinds of lengthy delays that when the veteran prevails, end up in large retro payments.

I consider this a whopper of a mistake, however, you as a VARO employee may not. I'd like to hear your opinion on the situation.

[JamesBreckenridge]

I consider this a whopper of a mistake, however, you as a VARO employee may not. I'd like to hear your opinion on the situation.

Justice delayed is justice denied. I consider it an unconscionable mistake to drop a veteran's appeal without that veteran's (or his POA's) say so. (actually, I would have a hard time calling it a "mistake"... it's more like a Clear and Unmistakable Error)

I hope that in your case they quickly get around to resolving your case the way it should have been the first time around.

Edited October 18, 2009 by JamesBreckenridge

[carlie]

James,

I hope your VSCM put out a memo stating

they are going to clone you.

carlie

[rthomass]

Justice delayed is justice denied. I consider it an unconscionable mistake to drop a veteran's appeal without that veteran's (or his POA's) say so. (actually, I would have a hard time calling it a "mistake"... it's more like a Clear and Unmistakable Error)

I hope that in your case they quickly get around to resolving your case the way it should have been the first time around.

James I sure wish you were the real McCoy. I have a claim pertaining to herbicides (agent Orange). Initial claim date January 10, 2005; initial discovery date of June 2003. Cancer ? YES' NHL. Has caused a multitude of medical problems. I have been to the BVA twice and now before the CAVC for the second time. I frankly feel the interpretation of Title 38 has on the whole been misinterpreted by the VA. Once a case goes into the system it stays in the system until the VET either dies or abandons the Claim. How is it that you can use your "real" full name and suffer no adverse action by your VARO or the VA? Almost forgot I was stationed In Nakhon Phanom Thailand from 1969 t0 1970. (probem?)

Now I will stick my neck out and let the VA know who I am. R. Thomas

NAME has been edited out by a moderator.

ADDRESS has been edited out by a moderator e-mail rthomass@insightbb.com ,

CLAIM NUMBER has been edited out by a moderator. Now you know me......Like to hear from you.

Edited October 19, 2009 by carlie
Please do not post your personal information on our open forums

[JamesBreckenridge]

Careful, rthomass, there may be a policy here about posting people's information like that... even your own. Or maybe I'm thinking some other website. Unfortunately, no, this is not my real name. In a perfect world it wouldn't matter. But we live in a world where you can be terminated because your boss is afraid of what you MIGHT do. I do not speak for the VA, and I can only give my opinion or comments based upon the limited information I have. It would be a shame to get canned because Upper Management thinks I might misinform the veteran. "Leave that to the veterans POAs or VSOs or even our own Public Contact people," they might say. I haven't seen any policies or directives that expressly forbid a VA employee like an RVSR or VSR from visiting forums like this and helping out where they can.

With regard to any AO claim, yeah, a veteran's lack of RVN service is a problem. There were only a couple of places in Thailand where AO exposure is conceded, and I do not remember them off the top of my head. However, a quick google search pulls up this case... http://www.va.gov/vetapp99/files2/9916522.txt It may even be your case. It was a vet who was at Nakhon Phanom at that time, and the Board granted him service connection for herbicide exposure. Good luck at the CAVC.