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They Cant Read At Buffalo

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Berta

Question

On January 31, 2011 I filed a NOD pointing out numerous errors the Buffalo VARO made in my award letter.

Today I got a response:

"Dear Mrs. Simmons:

On November 1, 2011 we received your written disagreement with the DVA's decision of January 6,2010 of which you received on February 5,2010." They briefly state the basis of the NOD as to denial of 38 CFR 3.816 provisions."

My pending IHD AO claims have rendered that denial almost a moot issue-almost---

The rest is the generic VA BS for receipt of NODs.They only had to write one paragraph and couldn't even do that right.

I swear this stuff is either deliberate or our federal government is content to employ and pay illiterates.

I am DISGUSTED with this RO because this has been my experience with them for years now.The Jan 2010 award was the one I had to fight over for almost a year because they refused to apply VA case law to my offset refund.I am going to ask them to go CUE themselves on this letter.

Where they got that date is beyond me.Maybe they were watching the movie "into the Future."

I was told this RO color codes tabs on NODs and when they have had a NOD for a year or more they then decide to work on it.

I wonder if I am coded for Nov 2012 because of this error.

These people need to be canned. I am filing a formal complaint.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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  • HadIt.com Elder

Berta,

I used to get in arguments with my SO. I said it was deliberate, he said they were really that incompetent. Consider that my SO was a rating speciatist for twenty years employed by the Va before he became an SO.

On my claim they said there was evidence in the file that my condition was the result of post service employment. They did not refer to the name or date of the supposed evidence or who signed it. It was a total fabrication. The condition I suspect they were refering to was different and unrelated to my claim. Different diagnosis, different pattern of symptoms. It delayed my claim two years. No new medical evidence was submitted. I just asked them to identify the diagnosis, symptoms and date of the supposed evidence against my claim. They backed off an awarded the claim.

Hoppy

100% for Angioedema with secondary conditions.

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  • HadIt.com Elder

Even though the scenes of each act are somewhat different, the production still needs a coreographer. Someone is pushing the buttons somewhere.

Berta, Bless you. Dont get frustrated and keep on your mission. You are an inspiration to us. Keep punching, eventually your opponent will fall down.

John

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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Yep, this is the prime reason why I went to a military university.

It is truly a paper battlefield.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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I don't think people realize that the whole "pen is mightier than the sword" thing implies a sword may be needed where a pen is no longer effective. God Bless you. i received documents that had similar mistakes, and filed paperwork each time. Not that any of it helped any claims, I just wanted them to know I read what they sent, and that it was incorrect.

Limbo is status quo for the VARO.

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  • Moderator

Berta...

I used to think the RO can't read either. However, I am putting a paragraph in my appeal that goes something like this:

"The Veteran has contended the RO shredded evidence. Fast letter 08-41 would apply, in this instance, and, depending on the date shredded, the RO has to either accept the Veterans statement that he submitted it, or accept it with corroborating evidence...and the Veteran has submitted corroborating evidence. (List evidence).

The RO, however, has not yet admitted to shredding. Their explanation is so unlikely, it would be very close to the "impossible" category. This is what would have had to have happened, if the RO did not shred my evidence. No less than 5 employees would have to have been instantly afflicted with ADD which caused them to be unable to read and interpret the Veterans statement, "I have not been able to get a job" into a claim for TDIU...and, then, after putting the Veterans evidence down, the ADD affliction miraciously goes away, never to reappear again. Those 5 employees are 2 Regional Office Rating speciailits who rated the claim, plus an experience Decision Review Officer, Plus an assistant to a BVA judge and a BVA judge. Personally I think the RO shredded the evidence as I dont beleive the VA would hire that many people with intermittent mental disorders to process claims, because this would mean every RO employee touching the claim was afflicted with the same disorder...Triage, development, Post Decision, Supervisors, Star Review...all of these people would not be able to make this simple interpretation.

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  • HadIt.com Elder

The fact is almost very few except some of our Hadit scholars take the time to read or even research their answers. The VARO depends on boiler plate opinions and prior opinions even refuted by undeniable evidence.

That is why I have felt for a long time that the best chance a Vet has is when they are in person and in front of the rater. One of the best weapons a Veteran has is the right to a Hearing at any time.

Veterans deserve real choice for their health care.

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