Had The Dro Conference, Nod Still Alive, Now What?

[MartyL16]

I am confused.

After many years of getting unsatisfactory ratings, I finally got a clear enough brain (still depressed but the light is on) to NOD my rating from 2011. I asked for DRO video conference and had that this past June. Made it formal and have a transcript.

The rating was June 2011, my NOD was timely and about 1 week before the clock ran out(2012).

My confusion is this: I read in M21 that the RO (of jurisdiction) should have given me a SOC. My understanding is that the DRO actually has "jurisdiction" now (he is NOT from my local RO) and the rating was actually "performed" at San Diego under Nehmer. I am almost 5 months after the DRO and 17 months past the NOD.

Shouldn't I be asking for a SOC regarding that rating the NOD and DRO refer to ? I can't be sure on my appeal content because the rating contained DENIED statements but no codes, or definitive reasons for denial.

I was left with ''Evidence shows ...." and "VAMC records showed no treatments for.....". Considering the facts that I use TRICARE, and CIGNA, and others, I was "dumbfounded and angry". Read below concerning those records.

The 2nd issue is the DRO office, is requesting the same documents(evidence), that they should have in their possession already, as they are the same medical records files, same clinics, same doctors, exact same years, actually "referenced" in this rating, incuding my USAF RECORDS,

I want them to inform me whether they still have the files ref'd above, or did they lose them, or what. Maybe they are still not paying attention, or just making me jump thru "hoops".

Even during the DRO conference, I fully explained where the correct "evidence" was in those records, for my claims, almost down to the months and years, doctors at that time, specific words and phrases used in those documents, medications prescribed, etc. San Diego referenced nothing and denied all.

Some of those medical records may have been destroyed because of their 10 year rule at various HMOs or HIPAA, or whatever. I don't use VA doctors for much.

Any ideas?

[63SIERRA]

What irks the hell out of me, is that as complicated as my case is, when I had a congressional inqury, they told the liason, that a "rater in training" was handling my case. Pretty damned retarted if you ask me. why would they put THE FNG on a complicated case. It makes no sense other than it gives them a golden parachute, as to why they screwed me so bad.

It would also make me think soemone was holding the FNG s hand and overseeing and quality checking my case, but evidently not, or the senior was showing the FNG how to go abt the art of breaking it off in a vets ARSE

Oh well, they can chisel my name in stone on the wall of the ro, because they will be dealing with me for many, many moons to come washaw. .

Edited December 9, 2013 by 63SIERRA

[Berta]

What ASKNOD stated bears repeating and repeating and repeating.........

"Few know that if you file a NOD and go the traditional route, you still get another impromptu review before a SOC goes out-and only by a DRO or RVSR senior to the VSR who originally rated you. "

And Hopefully they can read.

I have had personal decisions turn on a NOD.

Not many but that kept my veteran daughter and my veteran husband off the Hamster wheel in 2 situations.

"Since you know this is going to happen, I often have my guys submit yet a new probative piece of evidence with the NOD such as an updated medical record that can be considered new and material. This really prompts a whole new decision under 3.156(b) and you get a much closer examination instead a rubber eyeball and rubber stamp denial approach to your contentions. J1VO."

ABSOLUTELY!!!!!!!!!

A SOC cannot be used to announce a decision either.

I fully believe that the NOD is our opportunity to prepare the initial Avenue of ATTACK....our first defensive maneuver .....in the War of the Words.

I would never depend on writing a Generic NOD or having a vet rep prepare a generic one. What good is that?

"The claimant fully disagrees with this decision...."

Tell them WHY you disagree!!!!!!!.

Point out any errors they have made or evidence they have failed to consider....(by all means see if they made a Legal error and ask them to GCT instead...but that wont stop the NOD clock...GCT ( Go Cue themselves) the prime tactic I will continue to use whenever I can............Ha Ha.

On Christmas Eve 1988 my husband got a proposed reduction letter from the VA. The Christmas tree went flying right out the front door and it took hours for him to calm down.

VA wanted to reduce his 30% PTSD comp to 10% and had used two reasons in the letter, and had enclosed the regs tey had used to propose the reduction.

I prepared the NOD on Christmas day,using their own regs, telling them exactly why they did not apply the regs correctly ,and then I threw in some downright simple common sense, which was actually quite

funny, the way I wrote it.

The NOD was all on one page ..I enclosed copy of the same evidence regs they sent him as his evidence for the NOD.

8 Months later His AMVET rep (who didnt help at all with the NOD or anything ) called him and he was at work at the VA, and the rep asked who prepared the NOD and I said I did, and he said Tell your husband the VA has restored his 30% and the letter would arrive here soon.

It is significant to note that he was declared 100% SC P & T for PTSD 3 years after he died, with an EED of just 3 years later,from receiving that reduction letter, ..an accrued award of 100% PTSD -with EED of 1991.

.

Edited December 9, 2013 by Berta

[john999]

Berta

Your husband was lucky to have you! Do all women in your family have such sharp minds?

John

[Berta]

Yes..... that is why my baby girl is still classified!!!

7 yrs USAF Intel and over 7 years at DOD....wow .........and she is still my little baby.

John, you were the first vet here who welcomed me to hadit well over a decade ago.....

In those days I was still under the false impression that any claim could succeed with evidence and common sense.

Boy was I dumb back then.......

Your talk-talk post today was Funny!!!!! and I sure hope everyone here pays good mind to everything you post because you are always right on the mark.

Just think John....... Hadit will be 17 years old next month!

Your story with the Mil and the VA always bears repeating too.............I think many vets from every war still go through the same crap you did and that is just unconscionable.

But you Prevailed! and hopefully will prevail at the CAVC too!!!!!!!!!

Nothing is Impossible.

[FormerMember]

63--

A "reopen" of a previously denied claim will get the same treatment as if it was brand new if the evidence submitted to open it is truly classified as "new and material". It then goes into the credibility phase. If it passes muster, it is rated. Regardless of whether an FNG VSR does it, a RVSR has to inspect his work. If you win and it's over $25 K, it will require yet a third signature of either the Asst. Veterans Service Center Manager of the Big Cheese himself. Claims are claims are claims. Each is unique but the principle is essentially the same. CUE, of course is a horse of a different color. Evidence (or evidence of risk) is king here. Always has been and always will be. The date of submission of new evidence that indisputably shows entitlement to a higher rating is always the date of entitlement unless it precedes the filing for increase. In that scenario, you can only hornswoggle the boys into a year prior to your filing for increase.

This is where untold numbers of Vets (at the urging of their VSOs)turn into chowderheads and accept an initial rating without appealing it. You get one shot at this. You have to prove entitlement percentages commensurate with the disease process from Day 1 of the filing. This is called a staged rating and can have big $ implications if you were on the hamster wheel for 10 years. Absent an objection (NOD), you are saying everything is hunky dory. It's called a staged or Fenderson rating and you can never go back. No Deloreans with flux capacitors. No CUE. No "They cheated me." Bitch.... or do not. Sorry you will be if you do not. Yesssssssssssssssssssss.

a

cp

[63SIERRA]

ok with that being said did they reopen my claims because the new evidence I sent was legit in thier eyes, or do they reopen on any request, and then look to see if it is legit and bears merit.?