hypertension Need Suggestions On How To Proceed

[Dolphin25]

I filed for a DRO decision on two denied RO claims and receieved a response on Dec 15, 2011. One claim was filed in 2008 and the other in 2009. One was for a Special Housing Grant and the other was for a Higher level of Aid and Attendance to R2 although I didn't ask for the R2 just a higher level than my current "L" rate. Since I was granted the "L" rate in 2002 I have lost the use of my legs and upper body strength has been reduced. I am also now required to wear a cathether and have loss of bowel control on top of that along with a host of other things that are not getting any better.

I have had 3 C&P exams and all 3 recognized the severity of my medical condition stating I am unable to do anything by or for myself including writing this...I can but it would take me a few days to get it right. The DRO who originally had my case was in New Orleans but since my family has moved me to be near them so they can help me as I had absolutely no help in Louisiana. The DRO that decided my claim was from St. Louis and to be frank this guy disputed everything the Doctor's stated in that his words "were questionable"...I have never seen an examiner like this dispute a total of 4 or 5 different doctors examinations and conclusions. To me he is saying they are all lying in their diagnosis...but that is not my problem as I am sure or hope when the BVA reviews my file they will make the correct determination.

After the C&P hearings when I received my RO decision they apparently decided to use the Doctor's findings as a request for a claim for compensation on the following:

Loss of use (bilateral legs) (Increase), peripheral neuropathy (Increase), diabetic neuropathy (Increase), loss of bowel control (New), incontinence (Increase), loss of memory (New), depression and anxiety (New), Ischemic heart disease (New), severe impairment of upper extremities (bilateral) (Secondary), persistent edema in lower legs, with varicose veins and discoloration (New), general malaise, weakness, lethargy, nausea (New), high blood pressure/hypertension (New),

All of these were mentioned in the Doctor's finding at the C&P exams. They haven't been working on this claim even though it is currently listed as "Review of Evidence" having been filed on October 29, 2010. So I am faced with what to do...do I file an Appeal with the BVA now or wait for a

decision from the RO on this current claim. This may bolster my current appeal if they award me some or all I just don't know but I only have 60 days to make my Notice of Appeal. Should I give it up to a week before then file off my Appeal if I have heard nothing back or file the Appeal and submit any new evidence that may come from the decision of this current claim??

Any insight would be helpful....

[Boxer]

Dolphin25 I'm going to put in my 2 cents worth, I just found this website today and from what I've read it's the VA we all know and love. First the C&P examiners words are the Holy Grail at the VA, nothing else and I mean nothing else matters as much as his findings and with a 100% rating you've dealt with them before. That the DRO appeared unsympathetic is really of no consequence because the C&P exam provided a qualified medical opinion that you have increased disability. Thats what (Increase) and (New) are about. After a C&P exam that supports your claim (and this one did), the next step for the RO is to determine the level of disability and assign a rating, it's complex and it takes time. I'm not clear what your question is because:

1) The regional office has to make a determination before you can appeal it

2) The reason you had another exam is so the RO can issue a decision BASED on the most current C&P.

[john999]

Boxer

Yes, it is the same old VA maybe with some cheap new paint. They still want to try and wait you out with hopes you will die before your claim is decided. I just do my claims step by step and stay within time limits for appeals. I feel it is time to call in the lawyers if you feel that you are in way over your head, or you get to the CAVC. I think to some extent having a lawyer at the BVA is a waste of time. What you do want is for your claim to be perfected before it gets to CAVC.

[carlie]

I would not get a lawyer unless I was heading to CAVC or filing a FTC.

But that's just for me personally.

[Boxer]

Carlie, John999 and Dolphin25

I'm kind of wondering why, instead of this talk of contacting a lawyer you don't call your service organization, you do have a power of attorney don't you? The DAV has represented me for the last 13 years, for free. I'm not trying to sell their services but I started this without a clue and now I'm pretty well versed in VA speak. (and I'm 60%) I have a claim in Washington, that, if not resolved to my satisfaction will go to the Court Of Appeals and they will represent me there too. In Fort Snelling up here all the service organizations are located in the same building as the Saint Paul Regional Office, hell they eat lunch together. That's the kinda representation I want, not only to know what I need to be successful in my claim but as to know the people who make the decisions on a local level.

Edited January 26, 2012 by Boxer

[jbasser]

Dolphin, have you contacted Bergan - Moore.

When selecting a law firm one should consider the following factors.

Since attorneys are relatively new to VA Law, It is imparative to find the best fit for you.

Find an attorney who only does VA law. These folks are the ones who understand the title 38 and the interpetations.

A VA claim is based on the fact of legal precedence.

I do caution you about using a Veteran Service Organization, Using them is like playing Russian Roulette.

Your claim is your future and a veterans means and way of living relies on it so who would you want to drive your future.

BAsser

[Capt.]

Hello All,

Wow this is a subject that comes up alot. I would like to bring up some really critical points.

1. Are you in good enough health to wait a long period of time?

Some of us are failing fast in the health area and cannot afford to wait on a VSO or the VA and their timetable so you will have to be the judge in how much time can you afford in the process of adjudicating your claim.

2. Do you have a complicated claim with multiple health claims with the VA?

This sometimes can mean a longer period of waiting decision with more time to adjudicate your claim and of course, more time to have to have to wait for appeals and decisions.

I agree with Pete that there are folks here that can help you in meeting your timelines. You do not want to let them slip by you.

Jbasser, John999 and Carlie are very , VERY , well versed on the CFRs and have been around the block with the VA and can understand what the VA does and does not do. Carlie has said that she personally would not use a lawyer and I believe she could single handed whip any of their DROs on the VA law and how to make them cry uncle. She has already been thru it and has successfully whipped up on them. I wish I had her tenacity and perservance but not all of us have Carlies knowledge and fortitude.

I tend to agree with Jbasser and John on getting a lawyer to help you because of my last statement. I have a lawyer only because my claim is very intense , complicated, and HUGE. I also do not have my health in order to fight with them at this point. Yes, a lawyer by law can only collect 20 percent of the retro when you get paid or 25 percent if it goes to court. As Jbasser pointed out , it was not too long ago that Lawyers were allowed to represent Veterans in their claims. (Claims decided after June 21, 2007 when the law changed). This is a huge benefit to the Veteran as far as fair representaion early on in the claims process. The law used to be that the Veteran could not have a lawyer until they reached CAVA.

I would not under any circumstance , allow a VSO to represent me. Been there and done that. DAV and Vietnam Veterans of America is who I had early on. I had 4 Service officers with DAV and only one was competent. I had one with the VVA that was good but then he got too sick to even take care of himself.

Boxer , you still are fighting with the VA after 13 yrs and have not gotten to 100 percent. I do not know your service officer and he may be a good one but going to lunch with the VA is not what I want my service officer doing. You do get what you pay for and so did I. I wasted alot of time and the DAV single handedly screwed my claim up because they did not know me or my claims personally. Nor did I have the knowledge that I do now to have helped them bringing the claims forth properly. These Service Organizations are all understaffed to take care of the numbers of Veterans applying for benefits. Noone takes better care of the Veterans records and their claim than the Veteran does. It takes years of work to learn the CFRs even to a degree of having a very simple working understanding. Their really is noone that knows it all . It is a continual process of learning even when the VA law is changing yearly.

Now I want to bring up a very important fact . The VA is using the Dept of Justice lawyers and they will pound the best VSO rep into the ground. We cannot expect a VSO to have the education and skills of a lawyer , but thats what the Veteran is up against. If someone does not believe me , then look up the BVA decisions and the representation of the Veteran. American Legion, Vietnam Veterans of America, Disabled American Veterans, AmVets, and so on. It is sad as to the number of denials. If you read these decisions and I have read at least 500 plus or more then you will see that the claims were very poorly put together and poorly represented. This does not mean the Veteran did not have a legitimate claim. It points more to the fact that the claim was lacking in Medical Evidence, Scientific Evidence , and Service Records and the bringing forth of those records/evidence in such a way as to tilt the Benefit of a Doubt rule scale to the Veterans advantage. I will take a lawyer over a VSO anytime........I just would never bring a knife to a gunfight.....Lets have guns verses guns ...and that what you are dealing with when you are up against the BVA and the Dept of Justice. Your hired gun against theirs.

Also remember that the VSOs are all paid for by the VA or out of the DOD budget so there is a conflict right off the bat. They get paid ,,,even when the Veteran looses. If we were to take a poll on how many veterans here started out with VSOs and had to get lawyers to win their claims, it would probably be horrifying. I know alot of us have already been there and done that.

I would much more trust our folks at Hadit to do the job for the Veteran than any VSO group period. We have some brilliant minds here and they have already proven their knowledge and track record with the many veterans they have helped. It is so good to read our success story topics and how the victories just keep coming in. I wish I would have known about Hadit early on and not got my claim so screwed up , but this is a learning curve and experience is what teaches all of us, and eventually what will win in our claims efforts.

As Jbasser said, if you could get Bergman and Moore to help you ,,,,, I feel you have pretty much gone to the top of the food chain. They are proven and know the VA law. I have a very fine lawyer and she told me that 5 yrs ago she was getting 225,000 inquires from Veterans and their families or widows to seek representation. She could only handle 25 a yr. That is how hard it was to find a good attorney and trying to get one to represent you. The only reason she took my claim and that means I am one of the 25 of 225,000 , is because of my very strong evidence and medical records. She now handles 100 per year with the help of an assistant and secretary. That is still hard to realize how great the need is. There are more and more lawyers coming into the certification process to practice VA law, so this will help our Veterans Lawyers numbers grow , but it is still way behind. When you have a lawyer , you have equaled the playing field and then the VA has to fight fair or the law will be called into play in favor of the Veteran.

If you research the BVA decisions that show a Lawyer represented the Veteran then the number of denials does go down and rightfully it should. Yes it may show remands , but also alot more claims granted too.

I am like Jbasser ,,,, I don't have the time and certainly not 13 years or more and I am not going to play Russian Roulette. Sooner or later your chamber comes up and the gun goes off on you. And it takes way too much time to go back and fix it.

I have a claim that is going to be precedent setting and it is very indepth .I am also involved in a Malpractice lawsuit/FTCA/TORT and a Section 1151.

John999 brings up another point. You want to perfect your claim as early as possible and it would be nice to not need a lawyer until or unless you get to CAVA ,,,,,then you better have one for sure as you will get slaughtered. It is all about the VA trying to outlast the Veteran until the Veteran dies. If the Veteran is not dealing with lifethreatening diseases or injuries, then maybe the Veteran can hang in there for 15 or 20 years and just use any VSO the Veteran wants. It is all about the Veteran winning their claim and within their lifetime. If the Veteran dies and they are still at 50, or 60 or 70 percent then the Veterans widow is in for a real fight for her DIC pension and benefits.

Dolphin you need to get a decision and then when that is done try to stay on your timelines. C and P exams for the most part are a joke. QTC will not use your whole record , only what the VARO sends them. ( Read your appointment letter and "Do I need to bring my medical records")This automatically makes the majority of their decisions faulty. In almost every instance it will require a time consuming appeal and then your IMOs which I hope you have, which will shoot their Medical opinions down.These will be necessary for you to win. Most of us here have been through the C and P route, and have had to bring forth IMOs and evidence that was "overlooked" or even ignored , to properly appeal the VARO decision and keep the claim moving forward.

As Pete said stay on your timelines. If your claim is not too complicated and fairly easy then one of our folks can help you and you may not need a lawyer. If your claim involves alot of retro backpay then you may want to consider a lawyer. I want to win my claim and not allow the VA to run over me anymore.

Above all Dolphin please remember to not get discouraged, that you are among a great bunch of folks and as a team you will win and especially and importantly.......NEVER GIVE UP. God Bless, C.C.

Edited January 28, 2012 by Capt.Contaminate