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71M10

Va Again Proves They Are Clueless In Iris Message

Question

Greetings all:

Well received an IRIS response to my inquiry on Appeal status. They informed me my form 9 from November 2008 is reviewed and waiting for my POA to complete form 646, when they have received that form from my service organization they will certify to BVA.

The only problem is I have never approved a POA and have never been represented by a service organization.

They assured me the average processing time for a NOD from Detroit to BVA is 357 days.

I sent them a reply clarifying I do not have a POA and have never had a service organization represent me.

Additionally, I pointed out that at 1,837 days my NOD is taking 530% longer than average and they seem completely unconcerned for an office that has oversight responsibilities.

They are still unwilling to explain how another issue was dropped from another appeal, even though a form 9 was received by them within 15 days of the decision(which they didn't issue a SSOC for ).

I was going to submit a Writ on their unlawful removal of an issue from appeal at the end of February, but if the issue from November 2008 finally gets forwarded I should be able to get all issues discussed. My concern then would be that they will remand back the Kyphoscoliosis issue to have A SSOC completed, regardless of the evidence (process over practicality).

Any comments or idea's?

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Give it until the end of February to see if it moves forward bud. Your state ROs are usually quicker than that. The VA seems to do what they want anyways. I submitted an FDC in Sep 13 and yesterday it finally went to Gathering of Evidence, yet the VA added a condition to the claim that I did not submit originally, WTH!

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They are doing this because you dont havew an attorney. This bunch will chew you up and spit you out.

Get an attorney.

J

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J,

Is on the money, unless you get stupid SSDI lawyers like I did in Sep 13. They never filed my claim and finally in Nov 13, I submitted claim online and have done all the leg work myself since then. Good Luck

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Well I have a response to my response.

I have been given complete instructions on how to FOIA them for a copy of the SSOC(that I have and never indicated I did not). I guess that is one way to change the subject.

This is my latest reply:

I have the SSOC(and never indicated I did not) and am completely mystified at this entire response.

Talking about how I can get a copy of the SSOC (that I already have) is I guess one way to not discuss the actual issue. I DO NOT HAVE A POA OR A SERVICE ORGANIZATION REPRESENTING ME, WHY IS VA WAITING ON A FORM THAT CANNOT BE SUBMITTED?

Why does the VA consider the appeal for restrictive lung disease which specifically requested a rating for kyphoscoliosis (which was not granted) as complete? A form 9 was submitted in a timely manner and signed for by Detroit VARO(I have the postal receipt). The ONLY way that this appeal could have been fully granted was with a finding of service connection for kyphoscoliosis and a separate 100% rating for kyphoscoliosis. The award of sleep apnea at 50% IS NOT A FULL GRANT OF BENEFITS. Detroit VARO wrongfully contends I cannot have 2 conditions in the same part of the rating schedule service connected. That is a FALSE statement. I can have multiple SC disabilities, but I am only allowed one rating per section (by statute is to be the higher of the 2). THE CONTINUED REFUSAL TO FORWARD THIS TO BVA IS A WRONGFULL DENIAL OF APPELATE RIGHTS. Please provide a substantive response to this question .

I guess I wait for the response and start writting the WRIT. I plan on making the argument on VA's refusal to forward the appeal. This is not a delay issue since they are refusing to acknowledge the valid form 9 on connection and rating for kyphoscoliosis.

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Well I have a response to my response.

I have been given complete instructions on how to FOIA them for a copy of the SSOC(that I have and never indicated I did not). I guess that is one way to change the subject.

This is my latest reply:

I have the SSOC(and never indicated I did not) and am completely mystified at this entire response.

Talking about how I can get a copy of the SSOC (that I already have) is I guess one way to not discuss the actual issue. I DO NOT HAVE A POA OR A SERVICE ORGANIZATION REPRESENTING ME, WHY IS VA WAITING ON A FORM THAT CANNOT BE SUBMITTED?

Why does the VA consider the appeal for restrictive lung disease which specifically requested a rating for kyphoscoliosis (which was not granted) as complete? A form 9 was submitted in a timely manner and signed for by Detroit VARO(I have the postal receipt). The ONLY way that this appeal could have been fully granted was with a finding of service connection for kyphoscoliosis and a separate 100% rating for kyphoscoliosis. The award of sleep apnea at 50% IS NOT A FULL GRANT OF BENEFITS. Detroit VARO wrongfully contends I cannot have 2 conditions in the same part of the rating schedule service connected. That is a FALSE statement. I can have multiple SC disabilities, but I am only allowed one rating per section (by statute is to be the higher of the 2). THE CONTINUED REFUSAL TO FORWARD THIS TO BVA IS A WRONGFULL DENIAL OF APPELATE RIGHTS. Please provide a substantive response to this question .

I guess I wait for the response and start writting the WRIT. I plan on making the argument on VA's refusal to forward the appeal. This is not a delay issue since they are refusing to acknowledge the valid form 9 on connection and rating for kyphoscoliosis.

I think your last reply is very good.

Hopefully they will pull their head out of where-ever it is

and get some understanding.

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