Have A Few Ratings Over The Years, All Basically The Same?

[MartyL16]

All the way back to 1987. Usually with the same denials. Never did they ever go back to the active duty records to "confirm" what I was telling them.

Rating usually stated "...is continued at %". or "remains denied" and you know what. I was too depressed and sick, and ignorant of how to proceed, how to fight for me, until lately!

My questions: Since they referenced no "codes", never explained why, and even when I stated extreme pain, on movement, did the wincing, refused to go past my "pain point", the ratings always said "mild pain". Since 2009 they stated they had no access to my records on the computer, so the only info that they had was my verbal answers to their questions.

Have to mention that I have NEVER seen "them" use a worksheet from the VA. Always saw them scribble a word or two on a regular tablet. Also never had an exam that went more than about 15 minutes.

I am thinking maybe since the info does not actually reflect what is in my "actual" records(that are only) referenced by "clinic name" but no specifics confirming my claims, shouldn't I have other appeal or legal rights?

Maybe their failure, over at least 4 separate ratings, to give me my rights of "due process", or whatever.

Since they always failed to describe the details, or use codes, maybe I can submit as "reopened claims" based on facts that they "missed"? Afterall, they now at least "mention" records that they have and should have had since 1967 and beyond.

For the record, I have an SC 0 from active duty, DM II from 2004 with a marginal SC % presumptive to AO from 'Nam and Thailand.

Thanks

[MartyL16]

All I have is exactly what you have viewed. Thanks for clarifying that.

It is entirely because of this lack of the regulations, laws, etc. that, as you said, should have been given when the NOD was accepted by the VA.

Even though the rating states why in general terms, I don't believe it qualifies as a SOC and my understanding of the sequence is based on this:

The appeals process begins with a claimant's filing of an NOD from an RO decision, which triggers VA's duty to issue an SOC. See 38 U.S.C. § 7105(a), (d)(1). Only after an SOC has been issued may a claimant file a Substantive Appeal to the Board. See 38 U.S.C. § 7105(d)(1). If the Secretary fails to act on a claim or if he fails to provide the veteran with information or material critical to the appeal, that claim remains pending. See Cook v. Principi, 318 F.3d 1340, 1334 (2002) (citing Hauck v. Brown, 6 Vet.App. 518 (1994)); Norris v. West, 12 Vet.App. 413, 422 (1999); see also 38 C.F.R. § 3.160© (2008) (defining a "pending claim" as "[a]n application, formal or informal, which has not been finally adjudicated").

I don't know if you also read about thge latest fiasco because of the American Legion VSO.

Wonder if anyone knows how to get/demand/ask for my legally due SOC, and another question, how do I get the VA to "stop the clock" on me submitting anything, until they provide that SOC.

i am writing a letter to the National Director/Commander of the American Legion Headquarters in regards to this AL fiasco.

Thanks also for the info on attorneys. Yes it appears that most do 20% on your retro payments and some say they will always try to get it from the courts first and you 2nd, and nothing unless they win. Nice insurance huh?

I want my life back.

Marty

Edited November 7, 2013 by MartyL16

[free_spirit_etc]

This post mentions a couple of good attorneys.

I get what you are saying about the SOC. But they shouldn't have held a DRO review if you have not been issued a statement of case. And I agree, the claim would remain pending. The problem would be is they would keep going through all the motions - then you would wait a long time for your case to be certified to the Board -- only to have the Board return it to the RO with a remand for an SOC. My husband's first appeal went all the way to the BVA -- and they remanded it to the RO because they said the file didn't have my husband's DD214. That added a year to the process because the RO had to add the DD214 and send it back to the Board. I have no idea why the BVA couldn't just have contacted my husband and ask him to send ANOTHER copy of the DD214. It seems amazing that his claim had to take another trip through the loop for something the VA had easy access to. So though it can be a good thing sometimes if the RO messes up in a way the claim can be considered still pending - I am assuming that you would like to get this all cleared up in as few as years as possible.

Do you have the address if the National Director of the American Legion? I am having my own issues with their VSOs

[free_spirit_etc]

Is it possible that there is anything you can get them to grant at the current level -- like the increased rating for diabetes -- so you can get some more income coming in while you fight the rest? Some of the other issues are very complicated and would take a long long time.

Edited November 7, 2013 by free_spirit_etc

[free_spirit_etc]

In this thread the OP said she had good luck emailing a few attorneys listed at NOVA

NOVA

http://www.vetadvocates.org/

[free_spirit_etc]

Dept of Veteran's Affairs FOIA

http://www.foia.va.gov/FOIA_FAQ.asp#FAQ#2

[FormerMember]

I think Free Spirit nailed it. I read over her multiple synopses (in several installments) and I agree with her. As for the SOC, I have seen them take as long as 16 months on one of mine. That was SEA RO in 2008-10. It may be worse now from what I see. If you positively must have an SOC, I'd file a for a Writ. $50 to get some action in 90 days. Of course, with the Imperial entanglements of a VSO, that probably isn't going to happen. They'll blow an ass gasket and refuse to rep you if you go Postal.

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Clear prop