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]

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.

Thanks for this idea.

Yes, I believe I can submit enough for the diabetes to 100% and maybe TDIU also. Yes the extra money would really help. Actually found out that when my total % goes to 50% and above the VA comp goes back into my military pension and the VA comp comes as a separate payment from the VA 'pot of gold'. That would be very nice.

So how do I get the DRO to forget about the new stuff until after this rating? And to reply to another post, if I can put the SOC off until later, I will.

Marty

[MartyL16]

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.

a

Clear prop

Thanks for the comments. Reply to Free Spirit and you. Will wait for the SOC until ......... I am trying to understand the importance of the SOC but I guess I can do the appeal without out it.

As for the VSO, it is the Stupidvisor I am dealing with now and that person tells me a POA is neither a legal document nor binding. This person referenced the M-21 re: VSO General Duties and said they don't have any other requirements and a POA DOESN'T have any fiduciary resposibilities. I am submitting a "nice" letter to the National Director and the Commander of the AL. Fortunately, I have all the emails back and forth.

I also believe that the AL VSOs and their boss are terrible representatives of this process.

I don't know if you read my post on the E-Benefits screen on my account. I wonder how I can get it updated and since I am limited to one finger typing on my left hand and none on my right because of my cervical stenosis flareup if it would be a good idea to submit that problem and request for extension as I saw here on hadit. I have asked the VSO in writing since late Sept. to do this but they haven't. Comments welcome.

Marty

[MartyL16]

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

I will make some calls this week to confirm but will post the name and adresses I am still unsure of how to get the DRO to indicate what records he actually has in his possession, as he has requested releases for the two groups of records the VA claimed it used for this rating, and the PTSD questionaire without regard for the 2010 change and the fact that I told him the same thing during the video conference.

Here are those references:

Mayhue v. Shinseki, 24 Vet.App. 273 (2011)

Mayhue clarifies two important principles:

1) To verify alleged stressors in PTSD claims, the VA must undertake its duty to assist. For example, the VA frequently asks the veteran to provide details of the claimed in-service stressors within a three-month period; Mayhue requires the VA to look at the claims file to see if this information already exists in the veteran’s claims file rather than place the burden on the veteran to recall 40-year old events relating to the Vietnam Conflict, and

2) if a veteran requests a TDIU rating or submits evidence of unemployability, while the underlying claim is pending, the VA must consider all the evidence dating back to the filing of the underlying claim in assigning an effective date for a TDIU rating); see also Shipley v. Shinseki, 24 Vet.App. 458 (2011).

And the particulars of the 2010 changes:

…effective July 13, 2010, VA amended its adjudication regulations governing service connection for PTSD by liberalizing, in certain circumstances, the evidentiary standard for establishing the required in-service stressor. See 75 Fed. Reg. 39843 (July 13, 2010).

PTSD Streamline Processing:

A Veteran will be able to establish the occurrence of an in-service stressor through his or her own testimony, provided that:

1. the Veteran is diagnosed with PTSD;
2. a VA psychiatrist or psychologist, or a psychiatrist or psychologist with whom VA has contracted confirms that the claimed stressor is adequate to support a PTSD diagnosis; (Read above)
3. the Veteran's symptoms are related to the claimed stressor; and (Read above)
4. the claimed stressor is consistent with the places, types, and circumstances of the Veteran’s service and the record provides no clear and convincing evidence to the contrary. (Read above)

This will eliminate the requirement for VA to search for records, to verify stressor accounts, which is often a very involved and protracted process.

Marty

[MartyL16]

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

Thanks. Replied to this in a later post.

Marty