Appeal For Increase Caused A Cnp For Mentla Health Condition Secondary In 2007

[KDM]

I filed a claim in 2003 and was rated zero percent I appealed, In 2004 i was denied an increase for the initial non compensable claim and remained at zero then a secodary condtion was added at Zero Percent in 2004 in the SSOC and I appealed both decisions for a compensable rating.

In 2007 3 years later I was given a CNP due to a remand based on the appeal from 2004, for some other secondary conditions considered increases.

I was denied some CNPs and SSOC where sent out, but one case in 2007 the mental health diagnosis I was deemed fifty fifty probabilty which goes in the Veterans favor but no SSOC or SOC was sent out stating any ramifications its was like they acted as if it did not exist this CNP.

Flash forward I am now at the VSO level of this appeal that has been remanded twice the last time was in July 30 2013 and they stated in the remand that they have to look at the evidence from this 2007 CNP that no SSOC or SOC was sent out to me and that they must send me a SSOC or SOC about this 2007 case the AMC must have denied every thing cause it went back to the BVA who sent it to the VLJ who sent it to the VSO for written arguments but still I have no SSOC or SOC from the Remand from 2013 July or as stated in the remand no SSOC or SOC for the 2007 CNP for depression secondary to the initial claim this is where the Doctot stated in 2007 it is as Least likely as Not that my depression stems from my service connected disability.

How due I fight this what is the statute of law I can use to combat them on not sending me a SSOC or SOC on the 2007 CNP or is the BVA going to deal with this now?

My VSO said that they will force them to look at it how?

[71M10]

Your not going to like the answer, but they way they "force" them to do it, is to send it back for them to do it right. If they still don't fufill the requirements of the remand (and they realize it), they will then remand it again. You get to keep spinning on your little hamster wheel, everyone keeps thier job, no-one gets a note in their personnel file, everyone gets bonuses, and very soon the Secretary is going to publicly congratulate the VA on "breaking the back of the backlog"!

[71M10]

If it sets there too long you can do a writ of mandamus. Which will cause them to act, but it won't necessarily mean they will do it right.

[john999]

Do whatever you must because things may get harder as Iraq and Afghanistan vanish in the rear view mirror. Hire a lawyer if you must but keep going. Consider that every OIF/OEF vet is probably going to file a claim in the near future as they begin to realize how the government made chumps out of them. The only revenge is to make the USA pay you.

John

[Navy04]

John,

Im with you all the way. When I first became disabled while on Active Duty, I was embarrassed. A Dr. told me " If you don't get what you deserve some lazy bum is going to get that free money, while you suffer"