tdiu Should I Or Shouldn't I Contact The Vscm?

[Sergeant G]

I am wondering whether or not I should contact the Veterans Service Center Manager (VSCM) regarding the delayed implementation of my appeal/award of IU. Here’s a bit of background information: I filed for Individual Unemployability in September 2009 with the Boston regional office. I have a mountain of evidence in support of my claim, and I even received a call from a VA rater who informed me that my claim was “looking good.” Then, in April 2010, my claim was denied because the RO said that my former employers didn’t return a form they requested and because there was “no evidence of unemployability” in my claim file. Both those reasons are bull$%#*. My employers did return the forms, which I verified in writing through an IRIS inquiry, and there is a lot of evidence in my VA medical records indicating unemployability. In fact, my healthcare providers specifically recommended (in writing) that I quit my job because my bipolar disorder is so severe. I should also mention that I had an appointment with my VA therapist about an hour after I received the denial letter. At that moment, I was so enraged that I told her that I wanted to shoot the bastard who denied my claim and then shoot myself. I never would have done anything, but of course those comments ended up in my treatment notes and the DRO flagged them. I learned my lesson—keep my fantasies to myself. (Just kidding.)

Anyway, I promptly filed a NOD and received a DRO hearing in June 2010. The VA police were there because of my previous homicidal remarks. (It’s amazing how easily the VA finds negative information, but conveniently “overlooks” positive evidence.) Despite being unfriendly, the DRO called my service representative and told her that she was going to award IU. She told me the same thing before the hearing. We proceeded to have the formal hearing because I disagreed with the effective date of the award. In the transcript from the hearing, the DRO stated that I met the criteria for IU, and I have a copy of her handwritten notes, which state, “award IU effective July 2009.” After the hearing, the DRO said that she was going to issue her decision regarding the IU by the week following the hearing. She also said that she would defer the issue regarding the effective date until she received a transcript from the hearing. The transcript was issued on August 4. Almost six months later, I am still waiting for the DRO’s decision to be implemented.

My claim does not require any additional development, and the DRO stated her decision. VA Fast Letter 10-02, dated January 6, 2010 states, “Delayed implementation of favorable BVA decisions is inconsistent with the Department’s long standing pro-veteran position and unnecessarily delays payment of benefits to the claimant.” I surmise this principle applies to regional office decisions as well.

How can I find out what is taking so long? The toll-free number is useless as they merely state that my claim is with the DRO. No sh*t. Also, my service representative informed me that she has attempted to contact the DRO several times by phone and by letters, but the DRO failed to respond to any of her inquiries. Is the DRO being vindictive because, in the heat of the moment, I said that wanted to shoot some nameless, faceless person after my claim was denied?

My service representative thinks I should call the VSCM and gave me his phone number. Does anyone think this will get results, or do you think I’ll just piss some people off and cause my claim to end up at the bottom of the pile?

Thanks for all the insight!

[Sergeant G]

I went to the RO today with the documentation showing that the DRO was going to award IU. At first, the lady at the front desk told me the same thing as the toll-free number and tried to shoo me away. I politely refused to leave until I spoke with someone familiar with my claim. I ended up speaking with the appeals section supervisor; he was very nice and said that the DRO who handled my claim was in a serious car accident and has been out. Anyway, he said that he was putting my file on her desk and would ask her to "look at it tomorrow" when she is back in the office. Hopefully that will get the ball rolling. Visiting the RO was so much more informative than calling the toll-free number. Thanks again for the advice!