ptsd Nod-Dro-Post Dro-No Soc-Bva-Back @ Vamc: Can Someone Help!

[MPsgt]

I post on here infrequently but, love some of the knowledge/advice giving. Here it is. PTSD 70%, Migraines 10%, and Ring of the Ears 10% for a combined service connection rating of 80%. I was denied an increase to IU 30 Nov 2011. I submitted an NOD to receive a DRO dated 25 Jan 2011. I was never contacted about a decision or giving a SOC. I'm going through the appeal process with an American Legion VSO.

I then received a letter from VARO on 10 APR 2012. The VARO acknowledged my NOD claim. They contacted my previous employer (USPS) and acquired copies of disability medical records from SSA. I receive SSDI which is reviewed every three years. I receive a Federal Disability Retirement that doesn't meet my families needs. I inquired about Vocational Rehabilitation & Employment 09 AUG 2011. The VA Counselor informed me I wasn't ready to pursue VR&E services at the time. I speculated the VA Counselor wouldn't help me back into law enforcement. Due to the severity of my disabilities.

I also submitted an opinion letter from my Psychiatrist and treatment records from the VetCenter. I continue to be treated weekly at both locations and regularly take prescribed medications. A couple of months ago, I saw that BVA had made a decision on my claim dated 01 May 2012. It stated a decision had been made. I would receive the decision, along with my VSO, and that my medical records were sent to the VAMC, not the VARO. Which brings me to today, 06 SEP 2012. Should I have received a SOC before the VARO sent the claim to BVA? Would the BVA send it back to the VAMC? Forcing them to make an "obvious" decision on the claim. If not, is this considered a remand? I haven't seen the word remand used in any of the documentation to this point. Someone please help me understand!

[broncovet]

I agree this is confusing. Before the BVA will adjuticate a claim, you have to have your appeal "perfected" by filing an I9. If you dont file an I9, in response to the SOC, then your claim will be considered "abandoned".

Most likely, there was an error on ebenefits. I dont see the BVA going out of their way to adjuticate a claim, against regs, where an I9 was not filed.

It is highly unlikely the BVA has adjuticated your claim. For one thing the BVA is working on claims docketed in 2009, so, unless you qualified as a hardship advance on the docket your BVA will wait another two years or so. Remember, the "BVA docket date" is not the date of your RO denial, it is when the VARO finally gets around to certifying it to the BOARD. This wont happen until you have perfected the appeal with an I9.

More likely, you got a DRO decision that is on its way to you. A DRO decision can happen in a few months or a year, but not a BVA.

[john999]

Did you have a hearing with a DRO at your VARO, or did you just ask for a DRO to review your decision? When you get the answer to your DRO then you may file your appeal to the BVA. If you don't like what the BVA says you can go to the Court of Vet Appeals. There are strict time limits for all these appeals. I got a BVA hearing in about a year. Of course, I had a lawyer and my lawyer ever represented me at a DRO Hearing, so the VA knew what was coming at them. I was a federal employee and I got SSD and FERS before I got TDIU. I got TDIU from a DRO, so there is hope at that level. What was the reason given for denying your TDIU?

[MPsgt]

Did you have a hearing with a DRO at your VARO, or did you just ask for a DRO to review your decision? When you get the answer to your DRO then you may file your appeal to the BVA. If you don't like what the BVA says you can go to the Court of Vet Appeals. There are strict time limits for all these appeals. I got a BVA hearing in about a year. Of course, I had a lawyer and my lawyer ever represented me at a DRO Hearing, so the VA knew what was coming at them. I was a federal employee and I got SSD and FERS before I got TDIU. I got TDIU from a DRO, so there is hope at that level. What was the reason given for denying your TDIU?

Did you have a hearing with a DRO at your VARO, or did you just ask for a DRO to review your decision? When you get the answer to your DRO then you may file your appeal to the BVA. If you don't like what the BVA says you can go to the Court of Vet Appeals. There are strict time limits for all these appeals. I got a BVA hearing in about a year. Of course, I had a lawyer and my lawyer ever represented me at a DRO Hearing, so the VA knew what was coming at them. I was a federal employee and I got SSD and FERS before I got TDIU. I got TDIU from a DRO, so there is hope at that level. What was the reason given for denying your TDIU?

Do you have the actual BVA decision?

No, I haven't received a hardcopy. I didn't even know that the VARO had sent it to the BVA. I thought a decision would have been rendered at the lowest level i.e. DRO.

If so can you scan and attach it here (cover the persona stuff) or give us the citation and docket number or it?

The BVA web site is down again but we could google and perhaps find the decision.

No, I never received a citation or docket number. I didn't even know the BVA had a website regarding decisions.

Has your VSO received a copy of it yet?

No, he told me a couple of days ago. I would receive a decision/notice before he would.

The I-9 appeal form comes with the SOC. But you didnt get an SOC ????? But did file an I-9?

No, I never filed an I-9. I submitted a NOD specifically requesting a DRO. I never was informed about a "decision" by the DRO. My claim just showed up at BVA. The BVA made a "decision" according to Ebenefits and returned it to the VAMC. It further stated that me and my VSO will receive a copy of the "decision". Remembering, lag times vary for returns. This was 01 MAY 2012.

Can you called the BVA to see what is what?

Yes, if I knew the number & who to call. Remember the "decision" is no longer with the BVA. It's been at the VAMC for roughly the last four months.

The reason for denying according to the letter. My only C & P Exam wasn't old enough. I was trying to stay working at the time of the exam 22 MAR 2011. Therefore, the only rated me at only 70% PTSD, 80% overall, at least that is what I've come to believe. Not that that means squat. The VARO did acknowledge that I was on a temporary leave on absence from my Federal Job on 16 NOV 2011. I ended up applying for SSDI and Federal Disability Retirement during this time. I just could no longer function at work due to the severity of my PTSD. I received SSDI the first time through and was approved for FDR about the same time in FEB 2012. I've been unemployed and unemployable according to SSDI since SEP 2011. I've even tried VR&E more than a year ago with no success. I tried to return to college before the I was determined to be suffering from PTSD. Not once or twice but, three times. I could not concentrate and my anxiety levels are astronomical. The VA still expects me to go back to work or school. Yet, it is never going to happen. My History has proven this. I continue to seek treatment at the VAMC and VetCenter. I continue to take all my prescribed medications. I hope this clears up the muddy water and thanks for the input.

I think you have some things about the appeals mixed up. you filed for a DRO ant to the BVA as you stated, so you claim never left the RO.

A DRO is done at your RO office by a SR rater. NOT at the BVA. The review officer will look over your file to see if any mistakes was make and make a ruling on it them send you a statement of the case (SOC) If you are not happy you can file with the BVA.

Do you have the actual BVA decision?

No, I haven't received a hardcopy. I didn't even know that the VARO had sent it to the BVA. I thought a decision would have been rendered at the lowest level i.e. DRO.

If so can you scan and attach it here (cover the persona stuff) or give us the citation and docket number or it?

The BVA web site is down again but we could google and perhaps find the decision.

No, I never received a citation or docket number. I didn't even know the BVA had a website regarding decisions.

Has your VSO received a copy of it yet?

No, he told me a couple of days ago. I would receive a decision/notice before he would.

The I-9 appeal form comes with the SOC. But you didnt get an SOC ????? But did file an I-9?

No, I never filed an I-9. I submitted a NOD specifically requesting a DRO. I never was informed about a "decision" by the DRO. My claim just showed up at BVA. The BVA made a "decision" according to Ebenefits and returned it to the VAMC. It further stated that me and my VSO will receive a copy of the "decision". Remembering, lag times vary for returns. This was 01 MAY 2012.

Can you called the BVA to see what is what?

Yes, if I knew the number & who to call. Remember the "decision" is no longer with the BVA. It's been at the VAMC for roughly the last four months.

The reason for denying according to the letter. My only C & P Exam wasn't old enough. I was trying to stay working at the time of the exam 22 MAR 2011. Therefore, the only rated me at only 70% PTSD, 80% overall, at least that is what I've come to believe. Not that that means squat. The VARO did acknowledge that I was on a temporary leave on absence from my Federal Job on 16 NOV 2011. I ended up applying for SSDI and Federal Disability Retirement during this time. I just could no longer function at work due to the severity of my PTSD. I received SSDI the first time through and was approved for FDR about the same time in FEB 2012. I've been unemployed and unemployable according to SSDI since SEP 2011. I've even tried VR&E more than a year ago with no success. I tried to return to college before the I was determined to be suffering from PTSD. Not once or twice but, three times. I could not concentrate and my anxiety levels are astronomical. The VA still expects me to go back to work or school. Yet, it is never going to happen. My History has proven this. I continue to seek treatment at the VAMC and VetCenter. I continue to take all my prescribed medications. I hope this clears up the muddy water and thanks for the input.

[MPsgt]

I agree this is confusing. Before the BVA will adjuticate a claim, you have to have your appeal "perfected" by filing an I9. If you dont file an I9, in response to the SOC, then your claim will be considered "abandoned".

Most likely, there was an error on ebenefits. I dont see the BVA going out of their way to adjuticate a claim, against regs, where an I9 was not filed.

It is highly unlikely the BVA has adjuticated your claim. For one thing the BVA is working on claims docketed in 2009, so, unless you qualified as a hardship advance on the docket your BVA will wait another two years or so. Remember, the "BVA docket date" is not the date of your RO denial, it is when the VARO finally gets around to certifying it to the BOARD. This wont happen until you have perfected the appeal with an I9.

More likely, you got a DRO decision that is on its way to you. A DRO decision can happen in a few months or a year, but not a BVA.

Do you have the actual BVA decision?

No, I haven't received a hardcopy. I didn't even know that the VARO had sent it to the BVA. I thought a decision would have been rendered at the lowest level i.e. DRO.

If so can you scan and attach it here (cover the persona stuff) or give us the citation and docket number or it?

The BVA web site is down again but we could google and perhaps find the decision.

No, I never received a citation or docket number. I didn't even know the BVA had a website regarding decisions.

Has your VSO received a copy of it yet?

No, he told me a couple of days ago. I would receive a decision/notice before he would.

The I-9 appeal form comes with the SOC. But you didnt get an SOC ????? But did file an I-9?

No, I never filed an I-9. I submitted a NOD specifically requesting a DRO. I never was informed about a "decision" by the DRO. My claim just showed up at BVA. The BVA made a "decision" according to Ebenefits and returned it to the VAMC. It further stated that me and my VSO will receive a copy of the "decision". Remembering, lag times vary for returns. This was 01 MAY 2012.

Can you called the BVA to see what is what?

Yes, if I knew the number & who to call. Remember the "decision" is no longer with the BVA. It's been at the VAMC for roughly the last four months.

The reason for denying according to the letter. My only C & P Exam wasn't old enough. I was trying to stay working at the time of the exam 22 MAR 2011. Therefore, the only rated me at only 70% PTSD, 80% overall, at least that is what I've come to believe. Not that that means squat. The VARO did acknowledge that I was on a temporary leave on absence from my Federal Job on 16 NOV 2011. I ended up applying for SSDI and Federal Disability Retirement during this time. I just could no longer function at work due to the severity of my PTSD. I received SSDI the first time through and was approved for FDR about the same time in FEB 2012. I've been unemployed and unemployable according to SSDI since SEP 2011. I've even tried VR&E more than a year ago with no success. I tried to return to college before the I was determined to be suffering from PTSD. Not once or twice but, three times. I could not concentrate and my anxiety levels are astronomical. The VA still expects me to go back to work or school. Yet, it is never going to happen. My History has proven this. I continue to seek treatment at the VAMC and VetCenter. I continue to take all my prescribed medications. I hope this clears up the muddy water and thanks for the input.

[broncovet]

The obvious answer is to wait a few days, like your VSO suggests, to see the BVA decision. From there, read the decision and see if it is favorable. If you disagree with the BVA decision, then consider appealing.

I dont know how the BVA did a decision without an I9, perhaps your VSO filed it for you.

It sounds like your DRO review was denied. Does the VA have a current address for you? If you are not getting stuff in the mail, maybe its because the VA does not have your correct address. I would check that out for sure.

Finally, you should ask for a copy of the DRO review decision. You may be able to amend the appeal if you see something there that you do not like.

Edited September 19, 2012 by broncovet

[Berta]

“Can you called the BVA to see what is what?”

“Yes, if I knew the number & who to call. Remember the "decision" is no longer with the BVA. It's been at the VAMC for roughly the last four months. “

I posted contact numbers and email here for you on Sept 7^th for the BVA.

Broncovet said:

“Most likely, there was an error on ebenefits. I dont see the BVA going out of their way to adjuticate a claim, against regs, where an I9 was not filed. “

But I wonder if there had been an underlying legal issue.

As my BVA decisions says, my 'corresondence” was accepted in lieu of an I-9

“The claimant perfected her appeal with regard to service

connection for the cause of death by filing correspondence

accepted in lieu of a VA Form 9, Appeal to Board of Veterans'

Appeals, in January 2006. Although this was outside the one

year period from the February 2004 denial, and beyond the 60

day period from issuance of a statement of the case (SOC) in

September 2005, the claimant submitted or caused to be

created additional evidence requiring the issuance of a

supplemental statement of the case (SSOC) in December 2005;

therefore, the time for perfection of the appeal was

extended. 38 C.F.R. § 20.302(b)(2) (2008).”

ORDER

Service connection for the cause of the Veteran's death is

granted.

http://www.va.gov/ve...es2/0916095.txt

Basically the excerpt is BVA legalize that means I got them to CUE themselves on the 2005 DRO review.

“ the claimant submitted or caused to be

created additional evidence requiring the issuance of a

supplemental statement of the case (SSOC) in December 2005;

therefore, the time for perfection of the appeal was

extended. 38 C.F.R. § 20.302(b)(2) (2008)”

You bet I did! I “created” a legal ruckus.My rights had been violated.

I dont think I ever filed any I-9 at all for this specific claim.

The SMC CUE claim they mention in this decision was awarded this January at the VARO level.

Is it possible something like this happened here in this veteran's situation?

Was either the VCAA letter questioned or some sort of request made by the POA to CUE themselves or correct something?????

If anyone reads my above decision,please realize it does not even come close to mentioning the extensive medical evidence.

Dr. Bash agreed with my contentions and prepared these IMOs very quickly because I had done all the leg work and research involving the “markers' of diabetes that were documented in the medical records and my husband's autopsy, that went way beyond a few glucose test readings,most of which were done while my husband was on a feeding tube, therefore they were in a high range for someone who had not eaten food for weeks. ( no HBIAC test was ever given to him either to rule out DMII)

The autopsy narration of his heart slides alone could have made this claim succeed as it revealed the heart damage he had, directly from the DMII,which I supported with known medical abstracts.

This is one major reason we cannot use 'similiar' BVA decisions to hope the VA will grant our specific claims.

This brief BVA award ( brief when compared to many BVA decisions)reflects many days,weeks,months and years of my extensive medical study on both Cardio,and Neuro

medical information as well as a staggering amount of personal research on DMII.The IMOs supported all of that.

The “letter' from Dr. H.R. Was email that Dr. Bash asked this doctor to put on his letterhead and he did.

Dr. H.R. Had treated my husband in 1992 at VA and when I managed to decifer one of his entries in the med recs (part of it had been crossed out) and then it took me many many long months to find him (he had left VA for private practice)and then many more months for VA to honor my request for a better copy of a lab report he wanted to see, (what a lot of BS on that request), the BVA gave his brief statement the weight of corroboration to the IMOs from Dr. Bash.

I hesitate to even post my DMII AO death decision because this was not really the usual type of case the BVA gets.

But I am not the usual type of claimant either and do NOT advise anyone to do what I did in 2005 that extended my appeal period.I will use the regs against the VA anytime they use them against me.

I had received a bogus VCAA letter too,which would have caused a remand but my evidence rendered the VCAA errors moot.

But this vet says BVA made a 'decision and not a remand.

And maybe it is an ebenefits error......

Have you used the IRIS system to see what they say?

Edited September 19, 2012 by Berta