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....

[Capt.]

Hello Free, and others.......

Berta just posted this information on succes rates by the Service organizations. As you can see ...at best they are averaging only 30 percent success some much less. That means 70 percent lost their appeal. NOT GOOD AT ALL....... so is it any wonder why the Veteran should get a lawyer...... Carrie Weleetz with Bergman and Moore has been on our SVR Radio show and has archived in our shows a success rate of over 80 percent and closer to 90.....

I just want you to see the percentages....... so lets play poker........ I am folding my hand with a Service Organization.... .......

I am ALL IN if I have Carrie.

"In the 2010 report to Congress that Chairman Terry prepares (their 2011 report is not available yet)

PVA had a rate of 29% of allowed claims they represented,decided by BVA in 2010 , which was only beaten by AMVETS,at 30.6 % and MOPH at 30.9 %.

The DAV was at 29.6 %"

This was posted yesterday under Bertas reply to Caregiverwife response to another topic but I copied and pasted it here.

NEVER GIVE UP . God Bless, C.C.

Edited January 29, 2012 by Capt.Contaminate