Would Like Some Opinions About My Iu Situation

[Nklpltd]

Hey Guys and Gals,

Thanks for giving me a bit of your time. I'm currently in the process of an IU upgrade claim with the VA.

A quick version of my back ground.

Iraq 05-06... I started having problems in late 07 with rumors of a redeployment. Suicide attempt in Nov 07. Notified my guard unit at our annual med screening and had my medical discharge started in 04/08. I initially went to VA for a mental health screening and it was a total disaster. I was thrown some pills and "sent on my way." I had an appointment it a mental health specialist that they wouldn't even let me see him without a lot convincing. Oh ya, and it was a 3 hour drive from my house to the VA office. I had a local retired CSM that helped me get some private therapy sessions paid for through the army one source. I fought for the next 5 years and 2 months to get my discharge completed. My unit and state dropped the ball in so many ways it's hard to even talk about it. I had to get the JAG, state IG and even state CSM to get my discharge packet back on track. During these 5 years, I only saw private doctors and therapists because I knew I wasn’t going to get the help I needed from the VA. Also going through private doctors and therapists, I knew that I would be able to get much better documentation.

I have not been able to work since mid 2008. My wife supported us for the first several years while we lived with her parents. For the next I was paid month using the INCAP program through the national guard. It’s an interim disability payment while you are going through the discharge process. My wife quit work in early 2011 to stay home with me full time because she was so afraid that I was going to hurt myself.

I was finally discharged in April 2013 with a 70% rating with the Army and also the VA. With the new system when you are discharged, they work with the VA so you have both ratings when you are done. My 70% rating is for Major depressive disorder, recurrent. I currently suffer from major depression, insomnia, anti-social behavior, anxiety problems, suicidal ideations and daily tension and stress headaches.

After my initial rating, I immediately disagreed with the decision and it was declined but they were also working off medical evidence from two years prior.

Right now I am under the care of two different doctors, one medical for my prescriptions and another with a PHD for my therapy. Both have been extremely helpful and I honestly feel I wouldn’t be here today without their help. The MD is a prior VA navy doctor and the other has a long history helping military members, current and prior. From day one, neither has felt that I am capable of holding gainful employment due to my condition. I also have current letters from both stating that strongly that i should not work as it would only aggravate and worsen my condition.

After my immediate rating disagreement, I put in for an official appeal with a De Novo review with a DSO at my regional office. After filing the initial paperwork for the De Novo review it was back to waiting as I was instructed not to send in any additional evidence until I was instructed by a letter in the mail.

Here is where I’m quite confused and upset. I received my letter in the mail in early April. It was dated, APRIL 7, 2014. In the first page of the letter it states I needed to reply with VA Form 21-8940 and my additional evidence within 30 days. 30 days, so that would mean by MAY 7, 2014.

On May 1, 2014 I mailed in the VA-Form 21-8940. I mailed priority, certified with return receipt. I made sure every single paper had my case number on it so they would never doubt what case the paperwork went with. It was signed for at my regional office on May 5, 2014.

Well yesterday I received a packet in the mail from the local regional office saying my De Novo review decision was to stay with the original 70%. This letter was dated May 7, 2014, and stated that they did not receive any response to their April 7 letter. So this means even though it was signed for at the Regional office, apparently no one attached my 21-8940 and additional evidence to my packet.

I am sitting here tonight no knowing what my next step should be. The entire packet I received yesterday was to start the next formal appeal to the BVA. What do you all suggest I do? Do you think there is any chance of getting another De Novo review since I can prove they jumped the gun and didn’t give me the full 30 days to get them my VA 21-8940 and additional evidence?

Up until this point I have done all the paperwork myself and have not got had a VSO rep. If the BVA is my only option, I’m not quite sure I even want to get a VSO rep for this.

What do you guys think?

Any thoughts or suggestions would be greatly appreciated.

Jake

[Berta]

Go to http://www.va.gov/ and file an IRIS Complaint.

The complaint box has additional questions....I usually click on the Consumer Affairs thing in the Pop down when they ask what the complaint regards.

This crap has happened to thousands of vets and other claimants over the years,and it often only involves the most important evidence.

It happened to me multiple times.

I just raised Hell last week. My two pending claims are 'gone' on the VA PC.

They (the Buffalo RO) gave me a status about a year ago , indicating they certainly had the claims.

All of a sudden the 2 claims vanished.They said they are working now on a claim I filed in 1995 and that has already been awarded.

Welcome aboard here.

[Nklpltd]

Berta,

What exactly does an IRIS Complaint do? Would that help in possibly getting another De Novo review?

What is your opinion on finding a VSO to help me? I'm a bit hesitant to go in this direction with everything that i've read about them. The odds of finding a good one are very slim.

[Nklpltd]

Just putting this out there. Does anyone know of a good VSO in Salt Lake City, UT??

[Philip Rogers]

You want a De Novo hearing. It can take a couple of wks, at some VARO's, for mail to get to the proper location. It's possible they didn't have your evidence at the time they made the decision. Don't expect this to be resolved quickly, as things take time w/the VA. Even tho they stated you have 30 days, you really have a yr. Whatever you do don't give up. I'd also pursue a PTSD claim, as the military/VA is trying to downplay how many cases there really are. jmo

pr

[Nklpltd]

PR,

Do you think there is a chance i can get "another" De novo review? Apparently they already had the one and now it's onto the BAV. Would a VSO possibly be able to help facilitate this?

[Berta]

"What exactly does an IRIS Complaint do?"

I got a fast double DRO review in 2005 with an Iris complaint.

I got my 2010 AO IHD death claim, after a ludicrous denial in early Dec 2011, totally reversed within weeks with a proper award letter due, in part to an IRIS complaint.

I was so pissed off however, I pressured other VA entities on that as well as filing the complaint.

I also have an IRIS complaint pending now filed last week.

Unlike a regular IRIS inquiry, the complaints go to VA Central Office.

The VA is so snafued and fubared ,particularly with the latest vet death scandal, that it might take time for you to get this matter resolved.

If they made a decision without considering the evidence they had from you,they have violated 38 CFR 4.1 et all and you can also request them to cue themselves on that denial.

There is a template and probably a copy of this type of claim I filed in our CUE forum. I call it a GCY claim (Go CUE Yourself VA)

In my IRIS complaint of Dec 2011 as above, I made a formal GCY request in the IRIS (and faxed the CUE request to the VARO as well) and when VA Central called me, I explained to them that our rights are violated from the git go when VA makes a legal error in a decision and can correct the error in the appellate period, unlike a regular CUE claim.There are no regulations for this type of maneuver...I made it up......and it has worked for me and 2 other vets here have used it with success.

One thing for sure...you need to take action right away.

You certainly should find a vet rep with an office in or near your VARO building. If they are on the ball they can fix this right away.

We also have a list of VARO fax numbers here somewhere under a hadit search.

That might be a way to get it resolved...but in these situations we claimants have to act fast...otherwise we are forced onto the hamster wheel of a long ridiculous and unnecessary process , all because the VA is capable of ignoring and/or losing probative evidence.

.