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Part Of Claim Denied And Rep Bailed - Now What?

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stilltrying

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I am 70% disabled for PTSD and have had 18 other items pending for over two years. One of my pending items for for my feet ( have had 3 surgeries in the last year) have three line of duties on them and a letter from my VA doctor saying yes, it is a service connected problem. I suddenly got a letter stating that all 18 items have been denied. The excuses are lost records (which they seemed to have before) and that I had failed to provide information.

Without going into all the details, my file is over 6 inches thick, so there is a great deal of information. The woman who has been working as my rep for over a year has changed jobs suddenly and just told me that I'd have to find someone else. I tried contacting another rep and just got this - oh, you want to appeal?. They said someone would call me but never did. Have tried several other offices and gotten nowhere. I also have a dependent son that I was never paid for. They kept saying that it will be taken care of later. I'm tired of fighting and need some help.

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My original SC was 30% for PTSD and 10% for tinnitis. This was increased to 70% for PTSD and 10% for tinnitis in November of 2009. The surgeries were done at the VA and are documented within their system. The woman I mentioned was a claims representative from the American Legion who was also a disabled vet. I filled out the form 21-686C for my son April of 2008. As to specifics about my medical information - it's not something I feel comfortable listing on the internet. My use of the phrase 6 inches was as a figure of speech. Whether someone has 6 inches or 3 boxes, it doesnt matter. My point is that I NEED HELP. I am asking for a contact or representative who can help me - whether it is the VFW, DAV or whatever organization may be of assistance.

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  • HadIt.com Elder

CB,

If a request for a DRO hearing is of record and it does not happen - and then you file a I-9 (Form 9) to get out from under

the RO jurisdiction and under BVA jurisdiction -

the BVA will just have to remand the issues back to the RO and instruct them to hold the DRO hearing that you requested.

By the time this happens another 2 or 3 years will have elapsed.

I understand your post to show some concern of a 2 year time frame (Feb 18,2009 - Feb 18, 2011).

What and why are you thinking something about this 2 year time frame ?

How close do you live to your RO.

BTW - I'm damned glad you made it through that minefield and know that someday you

will also make it through the VBA's "minefield".

Thank you carlie, I didn't know "If a request for a DRO hearing is of record and it does not happen - and then you file a I-9 (Form 9) to get out from under the RO jurisdiction and under BVA jurisdiction - That's such valuable information, and direction. Thanks again.

Though I only have 33 miles of bad roads to get to the VA. Recently, I can't seem to get ten feet from a VA building without trigging my PTSD.

Regarding my concern over the time-line. I sometimes think of it as stressed induced procrastination. However, I thought I would file the "Form 9" phase around the two year NOD anniversary, so as to give the VARO a reasonable period of time to correct and resolve my NOD. Thus the reasoning about the time frame of Feb.18,2011.

Again, thanks for the direction, carlie, and thanks 'stilltrying', I don't want to get too far off your topic, however, I hope my experience, helps you with yours.

***also, I am resigned to the possibility of hell freezing over, before I find resolution. DIC issues, as well.

CB

Edited by Commander Bob

"it shall be remembered"...

"We few"

"We happy few"

************************

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  • HadIt.com Elder

My original SC was 30% for PTSD and 10% for tinnitis. This was increased to 70% for PTSD and 10% for tinnitis in November of 2009. The surgeries were done at the VA and are documented within their system. The woman I mentioned was a claims representative from the American Legion who was also a disabled vet. I filled out the form 21-686C for my son April of 2008. As to specifics about my medical information - it's not something I feel comfortable listing on the internet. My use of the phrase 6 inches was as a figure of speech. Whether someone has 6 inches or 3 boxes, it doesnt matter. My point is that I NEED HELP. I am asking for a contact or representative who can help me - whether it is the VFW, DAV or whatever organization may be of assistance.

JMHO.. All things considered, 18 items, and with the limited info you have posted...

I would suggest you consider a veteran's attorney. JMHO

Edited by Commander Bob

"it shall be remembered"...

"We few"

"We happy few"

************************

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Do you have a copy of your service medical records? If you do, you need to send a copy to the VA. If your claim was denied due to the fact that your records were lost/misplaced, the letter should have stated that if the records were found, they would revist the issues. Not know what state you are in it would be hard to try and recommend a service officer. There are a few good ones out there. The county you live in should have a SO or there should be one listed under the state. The American Legion should replace the SO that left.

"Don't give up. Don't ever give up." Jimmy V

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  • HadIt.com Elder

... This was increased to 70% for PTSD and 10% for tinnitis in November of 2009...

Have you filed your NOD yet? Do you have only a few days left to file? If so, that has top priority.

"it shall be remembered"...

"We few"

"We happy few"

************************

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