Options

[Charleese]

Hi everyone,

My husband spoke to the people at RO in Connecticut. They connected him to a supervisor, who he questioned as to whether they received his NOD on his 1948 claim. She said it was with the Appeals Department and that she would get his file and look and see if it was in it and call him back on Monday.

A half hour later she called him back and stated that she had the file and that she was going to send him a letter out today, which will give him options as to what he would want them to do. She even mentioned that one of the options was if he wanted to go to trial. He forgot to ask what the other options were.

My question to all has this been done to anyone here at hadit before, and if so can they tell us what his other options are? Does this mean that his NOD is being denied and that is why they are sending this letter. In his NOD we state that with his objective medial evidence, his subjective testimony, and a notarized statement from a friend of his, that this demonstrates that he submitted his claim in December 1958. The notarized statement states that his friend witness VA Representative handing him an Application for VA compensation. He witnessed him setting down at the table with and in front of him, and fill out that Application. He witness when my husband finished filling out that Application and getting up and handing that Application to VA Representative who was standing close to them talking to a lady that was in the place. He also witnessed Representative taking that Application and looking at it, and after taking that Application from my husband he witnessed Representative saying to my husband that the VA would be contacting him soon. They then left and came home. This friend also had an opportunity to go with my husband again to the VA in Tazewell to check on the status of my claim.

In the end he states in his NOD that With the objective medical evidence, his subjective testimony and friend's notarized statement Reasonable Doubt or Relative Equipose or both Reasonable Doubt and Relative Equipose should prevail in their decision to grant me an earlier effective date of 1958.

Please let me know what other options they are talking about and does that letter mean that they have denied his NOD.

Thanks everyone!

Charleese

[Berta]

Thank you Wings!!!!

The actual regulation -great. Berta

[Guest anfrnkie]

He did go back in 1959, several times in 1960 and the middle part of 1961. All he got was the run around. They would tell him that the agent was there or that he would be back in two or three weeks. The VA in Tazewell was not set up like the VA is today. They had a representative that would come to a place and you had to catch them when ever you can. The Representative would tell you that I will be back here on such and such a date on such and such month. You go back there and you were told that he's not going to be here today come back on such and such a date or you were told that he came last week instead. This is what he went through with the VA and just gave up and moved out of the area. He tried to go on with his life. However he always left a forwarding address so if they responded his mail would catch up with him. In 1983 when he applied in Connecticut he left them know then about his 1958 claim and they did nothing. Connecticut gave him a hard time for filing in 1983, and that is why he had to get his service medical reocrds from Lackland Hosptial. Even after he produced them they still rated him 0% for 1985. At every C&P exam he would tell the doctors about his 1958 claim. It wasn't until 2000 that they increased his claim to 10% for knee injury and we Noded then in 2002 they gave him the maximum of 60%. Each time he would go to the VA in Connecticut he brought up his 1958 claim, and they did nothing. As stated before they never did anything until he wrote them in April 2006 and told him that he never abandoned this claim is when they wrote and asked for information. They knew he never abandoned this claim and that is why they wrote and asked for information.

He did not wait 47 years to follow this up.

i hade the same thing happen to me so i have a good idea of where we are coming from, i must state many menbers a mad at me because the claim they can,t understand what i am talking about,here goes i filed a claim in 1978,for air force and navy va sent back claim no records found,oh great now what do you do ,i did nothing because va stated records were in fire,in 2003 i goy my records from va with the help of a person who worked at va, what i have va would never of sent to me or anyone, i had all the proof i needed,i am already back to 1952 navy 100%,we are now working on air force 46=49 disabily had been granted in 46-48 i have found radings on my case that va never informed me of i have hospital records from occp japan where i spent 7 month there va has all this information i hava and so does the da that works va cases do you think va would of giving me all records ,medical evidence,ptsd,no way what i have has shot 1978 claim full of holes,and va knows, so it,s very easy for a menber to state why did you wait so long, hang in there i do fell 3;159 would help you ,read it you are getting wrong information from breta and wingscfr 3 159 overides 38 cfr 3.160 c .3 .159 is new thay should check it themselfs