Bva 2012

[bergin c/o]

any idea if the bva has made it to 2012 decisions yet .or where they stand on the back log.

[bergin c/o]

thanks , I thought it all was strange . the bva awarded service connection .and I have not been called yet for a c-p . now I get this weird letter ..hopefully I get the decision letter this week explaining it.i did not know how they could award a retro award without first rationg me to a percentage

[FormerMember]

Well, I had a guy who won in December 2012 on an appeal for HCV filed in 2006. When he won, they sent it back to Oakland who promptly gave him 20% based on a 2006 C&P. He filed a NOD on it and then, and only then, did they send him out for a new C&P to ascertain the damage. The doctor said "near constant-debilitating and Stage 4 cirrhosis which is a 100% rating. His brainchild VSO who screwed things up in 2004 and forgot to file a F-9, promptly reinserted himself into the claim after being AWOL for 4 years. He asked for a DRO review with the NOD. So Mark IRIS's VA and says what's the holdup? The response was "What holdup? You asked for a DRO review. DRO reviews are currently 585 days out. We're on it." This is not how you run a railroad and one more example of being careful who you allow in the driver's seat of your claim. Mark actually rescinded the POA in 09 and went pro se but VA continued to keep the California Dept. Of Vet Affairs on the cc: list. When he won, the Rep. just slid in behind the wheel and started screwing it up all over again. After two two-year courses of Interferon, Mark is missing a few brain cells and didn't pick up on all this. This is a perfect illustration of why you need to be on these things like white on rice. Unfortunately, Mark didn't email me until he ran out of retro dollars and asked why VA was dogging it.

a

[63SIERRA]

I wonder if there are stats anywhere on how often a DRO review works in the veterans favor vs a waste of time. It seems like all your doing is pleading your case, to the same people who made the descision,. if you can point something out that will change the evidence, why not just request a REOPEN with new argument or evidence. That would seem to keep the RO from deep sixing the claim, and keep it active.

[john999]

I have had good luck with DRO Hearings myself. I was rated 70% in 2001 and denied TDIU. I went to DRO and got TDIU but was denied Chapter 35. I went back to DRO with new evidence and got Chapter 35. Every time I use the DRO I get new evidence. Maybe I should have asked for reconsideration since it might have been quicker???? BVA has screwed me up as well making stupid mistakes that cost me years. Just keep appealing to someone up the ladder. If you lose at DRO you can go to BVA. If you lose at BVA you can't go to DRO on the same evidence.

John

[bergin c/o]

well got the letter today . they used a c-p exam from 3 years ago and rated one fake hip 10 percent and the other replaced hip at zero . I have no idea how they got away with this . but I hate to be stuck in the black hole of appeals for another several years ..any thoughts oh on the notes from the exam it stated that I had pain , loss of range of motion . that 10 percent was the highest allowable by law

[FormerMember]

You ask for a new C&P that is current and for an Administrative review based on the new and material evidence. Use IRIS so it gets into the system. Do not rely on the 800 Prize Redemption line. That's the absolute shortest distance between two points. If it fails, file the NOD and ask for a traditional review. Be sure to add some medical documents so that it provokes yet another de novo review. Many times this is the ticket that finally gets punched before a SOC shows up. You get an automatic de novo anytime you submit N&M evidence during the time your claim is at the RO between the filing of the NOD and the final signoff on the Form 8 certifying it to DC several years later. A DRO review, which is one more bite at the apple, is often the same DRO who denied it in the de novo stages when you kept adding the N&ME. I personally see DROs as pointless. At one time, DROs were senior retired military who understood the rigors of service. No more. They're part of the same AFGE union machine that has sadly been brainwashed by the VA and M 21. They just click on windows and insert Adobe sentences. True development of a claim as we used to know it-truly forensic, is a ship long sailed.

A

cp

Edited December 26, 2013 by asknod