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.

[LarryJ]

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...

:)

[john999]

One thing I would say for future referrence. If you file multiple claims be sure your VCAA letter addresses all these issues. If the VCAA does not address these issues then they may have fallen through the cracks. That will affect all you NOD's and SOC's and appeals in the future. Imagine the VA mail rooms of major VARO's. Imagine the chimps at the Zoo. When it comes to timeliness issues these things are the killers. Fill your calander with the important dates. Never miss a deadline. I know it gets complicated when you have claims at different stages of developement. Never assue you issues are being addressed until you get it in writing. If you don't get a VCAA letter on an issue you have claimed assume it is not in the system.

[vaf]

This is yet another unfortunate situation where the veteran is somewhat bullied by a VSO, who wants to imply that if the veteran doesn't do things the VSO's way, then the VSO will drop the vet (not said, but I bet that was the implied message). Then when the VSO screws up, he goes MIA.

Berta knows about how to sue a service organization for the misdeeds of one of its reps, should the situation cost the veteran compensation due to loss of an earlier effective date, if he prevails on his Board appeal, so she can speak to that. This is why my opinion is that veterans should use VSO's as sounding boards only, if at all, but any final decision should be the vet's, not the VSO's. If they threaten to drop representation, then let them do so and handle the appeal yourself, or get someone you trust to help you get started -- you have no problem clearly describing the process you've undergone to date -- if you can describe the paperwork, what it addressed and keep track of when you got it, it's clear you have a handle on the process. The vet should mail the paperwork in via certified mail him/herself, and copy the VSO, but don't depend on the VSO to mail it in. This way, you know that it was, in fact, sent in.

We had something similar happen, with a VSO who "forgot" to send in an appeal. It cost my husband a year and a half of compensation (which we made up later on a different appeal with an earlier effective date, an appeal we handled ourselves). This dummy also argued with me that the Board of Veterans Appeals and the Court of Appeals for Veterans Claims were one and the same. After all that, we got the message that no one would care about my husband's claim as much as he did.

To add a suggestion onto John's post, I normally use DC codes from the rating system with the description of what's being claimed whenever possible. I find that this helps keep track of what we're claiming and when.