It Pays To Be

[Berta]

I have just been advised by VA (higher level than RO) to file Request for Administrative Review of my retroactive AO money under Nehmer Court Order -with VA Central in DC.

I was on the phone for quite some time with a VA employee who handles these types of reviews.

She was the first person in over 6 years except for OGC and the BVA who understood my situation completely.And who fully conprehended VA case law and the Nehmer Court order.

I have taken numerous steps at the VARO level to get my award letter resolved as well as my ancillary benefits and accrued SMC.

But this will be different.

I have a highly legitimate basis for this review and the woman was shocked at the 3 erroneous awards letters I received so far- and stunned that VARO Buffalo failed to even rate the veteran at all.

As soon as VACO gets my request they will call Buffalo and get the C file shipped to them overnight.

I had past experience with an Administrative review at VACO in 1996.

They can read.

[john999]

Berta Simmons......the VA's worst nightmare!

[Jayg]

Finally! It looks like you're going to get what's long past due. The sad thing in this is that you had to lose husbands and then devote so much of your life just getting what was rightly due you.

But that battle has been a blessing to many of us hear. Be sure, it was not a waste and is of value far beyond what you will physically receive.

Thank you and congratulations! ;)

[Stretch]

It can't be said too much, when it comes to Veterans Claims.

pro·ac·tive [prō áktiv]

adjective

Definition:

taking initiative: taking the initiative by acting rather than reacting to events.

[Mid-20th century. After retroactive]

pro·ac·tion noun

pro·ac·tive·ly adverb

[john999]

When dealing with the VA you have to have a game plan. I mean you have to lay the ground work for a higher rating. It sounds like you have to plan your disability but you almost have to do this. You should be able to just go and get a fair deal from the VA and an unbiased C&P, but that is the exception. If you are going to get a decent rating you gotta think long term and plan to hang in the VA system for the rest of your days. Stay in treatment and stay current with changes in the law. If you have to get IMO's then lay money aside for this expense when you win a claim and get retro. Plan for the next round with the VA.

[Berta]

Well put John-=

I have always prepared a War plan -to deal with any negative SOCS etc. it is really a game plan.

I put a photo scan of my VARO in the middle of the page and then prepare my flank attacks and frontal assault-by using military war codes and this way I develop a step by step approach.

Bit it all boils down to one thing - having the evidence needed to award the claim (and lets face it -we all know if our evidence is strong or weak or lacking in something else we could try to get)

And our best frontal attack is the NOD. I have had denied claims for me, my daughter and my husband when he was alive-turn completely around on a well prepared NOD because this is one thing the VA HAS to read.In order to prepare a SOC.

A NOD is in my opinion-the most important document a vet needs to prepare after they have responded to the VCAA letter and they get a denial (of course they have to back the NOD up with evidence or a rebuttal to the denial)

A Strong NOD should contain on the first page EVERYTHING pertinent to the claim and the evidence that rebutts any denial it is prepared on.

In many cases for higher ratings-if the vet is unemployed- it is good time to refer in the NOD and attach a filled 21-8940 TDIU form-why not-

I am of the opinion that VA reads only the first page of anything we prepare and send to them.It is best to keep a NOD as short as possible.

I had to tell a story over 6 years long yesterday-not a NOD but on 21 -4138 for VACO AO Nehmer CLL Retro group in DC.I thought the CLL Retro task force was over but they are still getting claims from widows and veteran who have been snookered under Nehmer retros.

I did it all on one page and then added a little more and an exhibit list on second page with very few attachments.

They are getting my C file anyhow.So the C file should contain what they need.If not I have everything here if they need it.

To get back to the NOD- this is a frontal assault on any negative decision.

Edit away at it after you type it- to get the important stuff on page one-there is nothing wrong with adding another page and even attach and refer to evidence they didnt consider but it is human nature to want to skim through long renditions.

VA does that (and so do I).