I Think My Vso Missed A Deadline

[Dave1433]

Sorry that my first post caused some members to leave Hadit and that my first topic was closed but I really need help from some senior members of HADIT. Although I do not post much, I have been a member of HADIT since way prior to the new Hadit website in 2003.

In 2003 I filed my claims for Multiple Sclerosis. After the VA decision which missed my fatigue, ulcer and under rated right side disabilities, I filed a NOD telling the VA they missed my fatigue due to MS (causing me to only be able to work 25% of my time which is a 60% disability, ulcer due to meds 10%, and that my right side diabilities should be increased in rating from 20% and 10% to 40% and 20% respectively). The VA filed a SOC in 2006 leaving out all of these 3 new issues but granting me 70% for other MS issues it rated. (these other MS issues including blind in one eye are now rated at 90%). My VSO filed a form 9 later in 2006 with my appeal and all issues including fatigue, ulcer and increased right side disabilities were included. Later in 2006 the VA sent me to C&Ps for my fatigue, ulcer and increased rating for right side disabilities. The VA issued its decision and denied my fatigue, ulcer, and increaded right side disabilities (for BS reasons since all is well documented by VA doctors-they just did not read!!!). I filed a NOD for the denial of the 3 new issues, they VA filed a SOC and then that was it. My VSO said we did not have to file a new Form 9 because the issues of fatigue, ulcer and increased right side disabilities were already in the appeal to the 2003 decision. I even questioned him on it and he said "I have over 26 years experience in this and I know for a fact nothing else needs to be done." However, the recent BVA opinion I have says that the issues of fatigue, ulcer and right side increase are not in the appeal because there is an issue of untimeliness that must be adjudicated agian at the RO. It appears that under M21-1MR Chapter 5, Section E Section 24 (which was changed on Aug 19, 2005) "Handling New Issues Raised on a Substantive Appeal" say that there should have been a second Form 9 sent in for me to perfect my appeal for fatigue, ulcer and right side disabilities. My VSO will not call me back after 3 calls regarding this issue. I fear he is ignoring me because he messed up. I am advanced on the docket due to financial reasons, ready to move my kids into a shelter since the landlord is taking back his place and I cannot even get my VSO to call back and let me know if I am missing something here. Because these 3 issues would push my cuurent 90% rating into a 100% from 2003 it means well over $75K which will help payoff my debts for my kids owed health bills and back rent payments etc ect. I also pay over 15K a year (which I have to borrow) so I have insurance for my kids. I am covered under the VA but I cannot leave them uninsured.

[jbasser]

Dave, save all of your bills.

Once you get 100 percent your kids will be entitled to champ va back to your effective date and you will not have to pay the 15K per year as you can pay a couple of hundred per year for a Champ VA supplament that pays everything.

As far as the appeal goes, Poolguy will be able to help as he is well versed in the legal aspects of claims.

Hang in there and see I did not close the topic. I only closed your last one as some posters started to sway off topic and since it was your topic I had no other choice.

John

[poolguy11550]

Later in 2006 the VA sent me to C&Ps for my fatigue, ulcer and increased rating for right side disabilities. The VA issued its decision and denied my fatigue, ulcer, and increaded right side disabilities (for BS reasons since all is well documented by VA doctors-they just did not read!!!). I filed a NOD for the denial of the 3 new issues, they VA filed a SOC and then that was it. My VSO said we did not have to file a new Form 9 because the issues of fatigue, ulcer and increased right side disabilities were already in the appeal to the 2003 decision.

Did you ever get a supplemental SOC?

Edited December 23, 2009 by poolguy11550

[Dave1433]

I do not think there was ever a "supplemental" SOC to the first SOC after I filed the Form 9 just a new SOC to the three issues of fatigue, ulcer and increased rating for right side disabilities. After that new SOC came in my VSO said there was no need for a new Form 9 since the 3 issues were in the first form 9. I will need to get back to you on if there was ever in fact a supplemental SOC filed as soon as I get a call back from my VSO and can get into the VSO's office to see my file. I know I should have saved all documents on my own but my VSO told me that he had everything so there was no need.

[free_spirit_etc]

Dave,

I know I will not be much help on the legalities of your appeal. But I wanted you to know that my thoughts and prayers are with you and your children this Christmas.

I remember being homeless and living in a shelter with my son once upon a time. It isn't easy - but you make it through.

The other day my son was talking to some man that told him that he was homeless. My son, of course, gave the man a few bucks, because that is just the way my son is. And my son told me, "Isn't that sad that the man ended up homeless?"

I told him, "Yes. It is sad the man is homeless, but he hasn't ended up yet. He is homeless right now, but who knows where he will be when he ends up."

My thoughts and prayers are with you and your children - that you will get through this - and that you will end up just fine.

Free

[LarryJ]

Dave,

I know I will not be much help on the legalities of your appeal. But I wanted you to know that my thoughts and prayers are with you and your children this Christmas.

I remember being homeless and living in a shelter with my son once upon a time. It isn't easy - but you make it through.

The other day my son was talking to some man that told him that he was homeless. My son, of course, gave the man a few bucks, because that is just the way my son is. And my son told me, "Isn't that sad that the man ended up homeless?"

I told him, "Yes. It is sad the man is homeless, but he hasn't ended up yet. He is homeless right now, but who knows where he will be when he ends up."

My thoughts and prayers are with you and your children - that you will get through this - and that you will end up just fine.

Free

That is a very good way to look at "things", and it was nice of you to post this.

BTW, I'm sorry that we had a "difference of opinion" and I apologize, to you and anyone that I may have offended.

I was "stressin'", pretty badly. Normally (whatever the hell that means), normally I've better control over my bluntness.

[free_spirit_etc]

That is a very good way to look at "things", and it was nice of you to post this.

BTW, I'm sorry that we had a "difference of opinion" and I apologize, to you and anyone that I may have offended.

I was "stressin'", pretty badly. Normally (whatever the hell that means), normally I've better control over my bluntness.

Ah shucks.... Being a widow and all... It is kind of nice to be able to argue with a man every once in awhile... just to keep in practice... :)