Won Appeal... Sorta

[jtg1966]

alright so i won my appeal...but the dro only sc'd me back to 1/09...back in may of 08 after i put in my nod...they sent me a SOC and VA form 9...well i've been homeless on and off for the last 20 years...and the SOC and VA form were returned as undeliverable...

however, i submitted information in jan 09 stating among other things that the VA had not acquired my clinical records from the service...

I wrote a letter to the secretary of the va in jan 09, and a letter to my senator and congressmen one in 0ct of 08 and one in jan 09...i got three letters (one answering the senate inquiry, one answering the congresstional inquiry, and one answering the letter to sec va) back from the director of the st petersburg VARO on feb 20 09 stating that the information that i submitted in jan 09 would be accepted as my va form 9 if i was in agreement...and that a representative from the RO had spoken to me on jan 26 and that i agreed to continue with the appeal and that i elected a bva travel board hearing...

the dro has interpreted the information filed in jan 09 as a request to reopen my case...what about the three letters from the director of the RO stating that i was in appeal? I spoke with my POA and they agree that the dro is wrong with his effective date...and that they tried to get him to assign an appropriate effective date...but that he won't budge...they say that the only way to get an appropriate effective date is to nod the decsion and appeal again....WTF?

the three letters are identical execept for the salutation...

I attached one of the letters...

thanks in advance for the wisdom of this forum---john

appeals3.pdf

[Pete53]

Ask for a hearing and lay it out for them.Of course a Notice of Disagreement goes with the request

[broncovet]

I agree with Basser. File a NOD disputing the effective date and there is not much else you can do. You could try a Motion for Reconsideration, remembering that your NOD clock keeps ticking and 11 months later, you need to file a NOD unless you have already won your effective date.

CUE does not appear to be an issue here, since you still have an opportunity to file a "conventional" appeal within the one year appeal period, and I cant see any advantage for you to try to meet a stricter "Cue" standard. I am not saying there is NOT CUE here, I am just saying that you dont need to meet the "strickt CUE standard" to win your case.

As far as "asking the VA to CUE themselves", Berta is the best person to ask about that, and to guide you on whether that would be better than a traditional appeal. Even tho I can not see an advantage to introducting a "Cue" standard when you have already met the one year deadline, Berta has actually done this, and I fully recommend you listen to Berta carefully. She has some experience with this. Remember: Working with the VA is not always a common sense issue, because the VA does not always have common sense. If they did, why wouldnt they just grant you your claim with the real effective date, rather than try this chicanery of manipulating the effective date?

[Berta]

"dont see how the DRO could have considered this as re-open- maybe the DRO didnt understand what "in lieu of" means.

".they say that the only way to get an appropriate effective date is to nod the decsion and appeal again....WTF?"

Do you have documentation that they said that?

Have you submitted copy of the attachment to the VA?

Does your vet rep have office in or near the VARO whereby he/she can go in there and straighten this out?

I went though 7 years this week of BS- with the Buffalo VA.

In November I had to develop a new war plan- meaning a new avenue of attack and I got tough.

By Dec. the OGC had contacted my VARO and told them, the regs they had failed to apply to my retro.

In Jan things went fast.

I expect my money any day now.

Dont allow some DRO to get away with this-I had similiar problems with a DRO.

Look up the DRO job description here and see what errors the DRO has made that the Rep could use to get this claim characterized as an appealed claim-not a re-opened one.

You might have to fax the director too- (what VARO is this -I might have his/her contact info)

[carlie]

jtg,

The letters you posted state you get $243.00 a month in compensation.

Your profile here states you are 60 percent service connected,

which pays $974.00 a month.

Which one is correct ?

Bay Pines has a homeless residential program.

Have you tried to access this program ?

carlie

[jtg1966]

carlie as of last week i was 20% sc...with the 50% bipolar it's now 60%...i updated it...i've gotten the back pay 8041.00...and this month's 60% @ $974.00...but i haven't gotten the award letter yet...i got the back pay on thursday... and the monthly friday actually....but it was split...243 and 731...

berta, my VARO is St. petersburg, fl...

[jtg1966]

i've had a place now for the last year through the hud-vash program...