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Vso Slacking - Seeking Advice For Diy Mode

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autumn

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seeking help with DIY claim stuff, letters, etc.

[current status]

1. service connected for MS 9.2010

2. PVA writes letters requesting MS secondary issues be examed/listed for added compensation

3. exams done 1.2011. but incorrect type exams so RO wouldn't/couldn't make ruling

4. repeated requests to PVA about this. told to stand down, wait, see if VA does the right thing.

5. after 5-6 months, contacted congressman about this. correct exams scheduled, now complete

6. the VA canceled the memory/cog/psych exam. only explanation was i didn't need it although PVA requested it

7. congressman calls in may, says VA will make a descion in 60-90 days, his office is following it

8. PVA needs these secondary issues correctly listed, then to seek retro. not via CUE but something else of which i forget what its called

[DIY item questions]

1. what type of letter/form do i write to RO asking to get the mem/cog/psych exam done? if not, list the RO's reasoning why not

2. do i question why the c&p doctors didn't have my c-file? or is that a non-issue

3. is vonapp better to send letters to RO or standard mail with reciept?

4. if pva doesn't go for the retro after the secondary ms issues ratings, if it isn't a CUE, then what is that called and can i file that myself too?

ok, i'll start with these things and not get it too confusing for me and others. thanks for your help and time

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  • HadIt.com Elder

You have to make a decision. Do you want to delay further, or do you first need to see what the VA does.

That said, you can submit an NOD within a year of the decision, citing the secondaries, etc. Actually, if the VA did what it should do,

all the secondaries should have been addressed. (This usually doesn't happen without prompting)

Getting a congressman involved can be useful, in that you would expect the VA to be a little more careful.

It also can mean that the case gets delayed a bit.

As to VonApp, etc. I suspect that you still should send at least a letter via certified mail, return receipt, etc.

I'd suggest that a copy of the completed C&P exams be obtained, and go from there, unless you are against VA deadlines for reply.

You certainly can request a specific C&P. If the VA does not give it, and you have evidence of the claimed condition(s), lack of a C&P can actually work in your favor.

A VA RO can request a C&P, hoping to minimize or counter favorable evidence, or just to cover tail. A C&P is actually not required, although a veteran is "entitled" to one.

If you file additional evidence, the VA will likely treat that as a new claim for ED purposes. If the evidence at the time of the decision shows that the VA should have considered them, and they didn't, retro could be due.

Cheer Up! It was six years and a lawyer before I finally got the VA to do a more or less proper award for my A.O. related claims.

seeking help with DIY claim stuff, letters, etc.

[current status]

1. service connected for MS 9.2010

2. PVA writes letters requesting MS secondary issues be examed/listed for added compensation

3. exams done 1.2011. but incorrect type exams so RO wouldn't/couldn't make ruling

4. repeated requests to PVA about this. told to stand down, wait, see if VA does the right thing.

5. after 5-6 months, contacted congressman about this. correct exams scheduled, now complete

6. the VA canceled the memory/cog/psych exam. only explanation was i didn't need it although PVA requested it

7. congressman calls in may, says VA will make a descion in 60-90 days, his office is following it

8. PVA needs these secondary issues correctly listed, then to seek retro. not via CUE but something else of which i forget what its called

[DIY item questions]

1. what type of letter/form do i write to RO asking to get the mem/cog/psych exam done? if not, list the RO's reasoning why not

2. do i question why the c&p doctors didn't have my c-file? or is that a non-issue

3. is vonapp better to send letters to RO or standard mail with reciept?

4. if pva doesn't go for the retro after the secondary ms issues ratings, if it isn't a CUE, then what is that called and can i file that myself too?

ok, i'll start with these things and not get it too confusing for me and others. thanks for your help and time

Edited by Chuck75
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>>You have to make a decision. Do you want to delay further, or do you first need to see what the VA does.

not per se, but to get correct listing of actual secondaries, i have no issue waiting. they need to be listed, if at the least, for baseline medical condition.

>>Actually, if the VA did what it should do,all the secondaries should have been addressed. (This usually doesn't happen without prompting)

which is why i contacted the congressman's office. VA here didn't seem to listen to PVA and PVA just kept saying "wait"

>>As to VonApp, etc. I suspect that you still should send at least a letter via certified mail, return receipt, etc.

i agee,

>>You certainly can request a specific C&P. If the VA does not give it, and you have evidence of the claimed condition(s), lack of a C&P can actually work in your favor.

i just don't recall the memory/cog issues actually being addressed at that C&P. a specific exam was scheduled, but VA out of blue canceled it.

if the PVA would get back to me i would know whether the think they should request it again or if i should.

>>A VA RO can request a C&P, hoping to minimize or counter favorable evidence, or just to cover tail. A C&P is actually not required, although a veteran is "entitled" to one.

i think this one was more or less to minimize than to help. just my take

>>If you file additional evidence, the VA will likely treat that as a new claim for ED purposes.

if they haven't reached a decision on these secondaries yet, they would treat it as a new claim?

glad you got your A.O. award, that was a long time coming.

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  • HadIt.com Elder

Be very specific and if you can get a Doc to back you up.

Veterans deserve real choice for their health care.

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I would try a "DRO" type NOD. You will need to decide if you want DRO review, or DRO hearing. DRO hearing takes longer, but if you think you need to be "heard", then by all means do a hearing.

You can also skip the DRO and go straight to the BVA, but I recommend the DRO, as it worked for me.

You can just say something like:

I disagree with the ROdecision dated (always specify decision date), and plan to contest the result with a DRO review on the following issues:

1. I disagree with the rating on ....condition and feel a higher percentage more accurately represents the criteria. (Some people look up the criteria, and circle their medical records as to how they meet the criteria for a higher rating.

2. I also disagree with the effective date, as I made an informal claim on ......date, at VA Doctor Jones office on that date when I stated, "I cant get a job".

3. If there are unadjuticated issues, I disagree with those too, as I should be entitled to a reasons and bases and specifically object to any/all "deemed denials".

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I would try a "DRO" type NOD. You will need to decide if you want DRO review, or DRO hearing. DRO hearing takes longer, but if you think you need to be "heard", then by all means do a hearing.

You can also skip the DRO and go straight to the BVA, but I recommend the DRO, as it worked for me.

You can just say something like:

I disagree with the ROdecision dated (always specify decision date), and plan to contest the result with a DRO review on the following issues:

1. I disagree with the rating on ....condition and feel a higher percentage more accurately represents the criteria. (Some people look up the criteria, and circle their medical records as to how they meet the criteria for a higher rating.

2. I also disagree with the effective date, as I made an informal claim on ......date, at VA Doctor Jones office on that date when I stated, "I cant get a job".

3. If there are unadjuticated issues, I disagree with those too, as I should be entitled to a reasons and bases and specifically object to any/all "deemed denials".

thanks pete & broncovet. all c&p's so far return i can't work due to ms and the secondary issues i have with it. both c&p docs said they don't understand why RO doesn't get it. guess i'll wait and see what RO returns for their take on the latest c&p's

i have a few other supportive med docs i want to submit, i''ll wirte RO and ask if them if i can do so without causing a new claim.

thanks for the advice

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