Out Of Appeals ?

[Berta]

I just called 800 for a status- it has been a while-

She said my claims were "out of appeals but with a specialist at the rating board"

as of March 31st.

She said it was specifically the DIC AO claim and the accrued SMC claim-

I do think a decision was made per 800# info in January on one of them but they are apparently sending the decisions together on both.

does anyone have a take on why they would be "out of appeals " status?

I have another claim that, after 3 years I waited for them to send to the OGC-they didnt -so I did-March 8th.

2 weeks ago the OGC wrote to me and said they would directly reply to me on this specific claim.

Maybe it has something to do with that? But it seemed like OGC took it out of their hands as it is OGC jurisdiction.

The vet rep was nice but still again I am baffled by her response at 800#.

[Moe]

Berta, as I understand the system you don't run out of avenues for appeal until you reach the us court of appeals at the federal circuit.

That is where the VA is now appealing the BVA decision on seperate ratings for bilateral tinnitus.

[Berta]

You are right Moe- but this is a different matter-

My AO claim is the first of its kind-per NVLSP.

The veteran was proven as exposed to AO- that is not the issue-

In January 3 authorizers got and signed off on something- dont know what-

then a 800 vet rep in March told me my SMC CUE claim had been finished-

he said the PC said that had been decided.

Then I got a few letters from the VARO Manager as well as additional statements about the CUE (think it is the SMC CUE- I have 2 there and they didn't define which one-but the vet rep last month said the SMC CUE was done-)

Meantime they tried to re-open something that would stave off a proper retro on the AO claim.I had to respond to that.

I have had years of past personal experience with this VARO- many there remember that I sent them some of Rod's cremains in the mail in support of my past claims. I also filed a claim against the former VA Secretary (Jesse Brown)stating he contributed to murder of this veteran.

I have been a thorn in their side for 20 years-I complained to the IG about them and jump right on any legal errors they make- (they have made plenty legal errors far and had to completely re-do a de novo review recently on my claims.)

I have had success on all of my prior claims.

Because the medical evidence completely proved them. When I finally got someone at VA to read (and find the lost evidence which was always in my c file-yet ignored )the claims succeeded on the medical evidence they had.

That is the only thing one needs.Usually.

My battles with them were solely to get them to read the evidence.

I fully believe that the VA ,at some point assesses the monetray value of the claim and then they-in some cases not all- try to stave off the decision and the retro.

Some of us claimants- for some reason- find that they put us into outright Battles-

when all of these struggles could be alleviated if the VAROs

gave literacy tests when they hire people.

Edited April 8, 2006 by Berta

[Moe]

Yes to everything you said and then some. Especially intelligence testing for VARO employees.

Berta, is there a post here somewhere explaining all the acronyms used? I have dealt with the VA for many years but most of the acronyms used on this site are above my pay grade..

[Alex]

Berta –

The simple explanation is that every regional office has an appeals section that is supposed to review disputed claims but actually just fills in a checklist on whether the case is ready to go to BVA without more work.

If your claim is going to the rating specialist, if you are due another SSOC, you could be in for a win or a loss. If you are not owed anything more, it could be an allowance.

Alex