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NSA-Saigon-ET

Resolution Soon From Reno, Nv Varo

Question

Well, it looks like I am finally going to get some relieffrom the VA on my overdue appeals.

Ifiled back in 2007 to re-open some issues and to claim some new issues.

This was in Houston,TX:

1.PTSD-reopen

2.Foot injury –reopen

3.Hearing loss & Tinnitus-new

4.Neck scar residual-new

5.Loss of sexual organ-new

All were denied from Houston VARO. Actually Houston brokered out my claim toPhoenix and then Phoenix brokered it out to Muskeegee and they denied all theclaims.

So I filed a NOD in 2009 and asked for a DRO w/localhearing. I have been waiting ever sincefor the local hearing. The Houston VAROis totally backlogged for the next 5 years on appeals.

I finally had an opportunity to relocate and did so in Aprilof this year to Las Vegas, NV. Irequested my c-file be permanently transferred and also for Reno to take overmy appeal.

In the meantime I have had plenty of time to write and rewritemy appeals for the local hearing. Ireceived help from various VSO and also from Hadit. I was also able to assemble all the neededevidence for each issue on my claims. Some of the evidence was supplied by the folks at QTC and some was fromNPRC or an IMO from private practice and of course from my own SMRs. I have learned the basics for the VA regulationsthat are appropriate in my cases on CUE, duty to assist, new and materialevidence and also how to use each one with my evidence.

I requested a new VSO from the Nevada Veterans Comm and gavehim a copy of all my appeals for the 5 issues. We decided to drop a few other issues as they were pretty weak. My new VSO was smart and attentive. He knew the two DROs in the Reno office andtheir ways of doing business. It nowlooked like I did the right thing relocating from Houston.

Apparently, he sent in my appeals to the DROs in Renoalready as my appeals are overdue for the local hearing by some 29 months sinceI first requested them. This should putthem in the top of the heap or close to it.

I waited until this Monday and sent out an email to my VSOasking what the status was so far. Hecalled me the very next day and stated the following:

The DRO in Reno read my appeals and was impressed with thework. He was going to reverse theHearing loss & tinnitus claim immediately and has requested C&P examsbe schedule for me in Vegas asap. Hefurther stated that the VA had screwed up badly in my case and he would notrequire me to testify in a local hearing, but would take care of the issuesonce the C&Ps were finished.

Today I received a nice letter from the VA in Reno statingthat they had requested documents from SS & NPRC & requested C&P examsfor me very shortly.

Two of my issues go back to an original claim filed in 1994and the rest are from 2007.

The VSO explained that the DRO didn't need to see me in ahearing as the appeals were adequate for a decision if the C&P examssupport my evidence.

At this point I am really overwhelmed with the quickattention and just hope it all gets finished soon.

I will of course post new developments as I get them.

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It sounds like you have it together. I have often wondered if it would help to move, and, your post points out that sometimes the answer is "yes". Its one way to get your claim "unstuck".

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So I filed a NOD in 2009 and asked for a DRO w/localhearing. I have been waiting ever sincefor the local hearing.

The Houston VAROis totally backlogged for the next 5 years on appeals.

I finally had an opportunity to relocate and did so in Aprilof this year to Las Vegas, NV.

Irequested my c-file be permanently transferred and also for Reno to take overmy appeal.

I have learned the basics for the VA regulationsthat are appropriate in my cases on CUE, duty to assist, new and materialevidence

and also how to use each one with my evidence.

In most cases a claim for CUE does not allow for the consideration of the duty to assist.

In a claim for CUE, the only evidence that can be considered is the evidence of record

at the time the prior decision was made. New and Material evidence is not for consideration

in a Claim for CUE.

If the evidence you are referring to is newly discovered,lost or misplaced service records,

that would fall under 38 CFR 3.156c and be for application of an earlier effective date but

not for application of a claim for CUE.

Apparently, he sent in my appeals to the DROs in Renoalready as my appeals are overdue for the local hearing by some 29 months sinceI first requested them.

This should putthem in the top of the heap or close to it.

The DRO in Reno read my appeals and was impressed with thework. He was going to reverse theHearing loss & tinnitus claim immediately and has requested C&P examsbe schedule for me in Vegas asap. Hefurther stated that the VA had screwed up badly in my case and he would notrequire me to testify in a local hearing, but would take care of the issuesonce the C&Ps were finished.

I would be very uncomfortable in giving up a DRO hearing, it's your chance to present your claim issues and arguments

on a face to face basis and have it all on record.

The VSO explained that the DRO didn't need to see me in ahearing as the appeals were adequate for a decision if the C&P examssupport my evidence.

Again, myself would be very uncomfortable with this.

JMHO

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reposted reply

Edited by NSA-Saigon-ET

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Had C & P exam for three issues on appeal last week. Nice VA doctor had my C-files and asked many questions before performing a look see of the residual scars

from injuries and surgeries. He listened well and typed as we talked during the exam so I was able to comprehend and correct his findings when necessary.

At the end he stated that my issues were definitely service related, but could not say how the DRO would react.

The three issues:

1.Residual scar from right foot heel injury.

2. Residual neck scar from tumor removal.

3. Right testicle removal claimed for SMC-k

A 4th issue for hearing loss and tinnitus will be reversed by DRO as per written correspondence.

The last issue on appeal is for PTSD. They have scheduled a C & P exam for this on 8/15/2011. From what I heard it is to allow the VA to determine if my stressors are acceptable to support my PTSD diagnosis.

I filed the claim back in Nov,2007 and was denied in Feb,2009. My NOD and request for DRO w/local hearing was filed Feb. 11, 2009.

We have waived the hearing at this time but reserved the right to reinstate it if this goes awry.

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