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Now What, What Are My Options


confusion99%

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As I continue to read through my decision letter, I found another issue. I had a number of contentions approved first time in July 2013. These were all filed in Nov. 2011. The IHD contention, they made a 60% rating as of the Nov 2011 date. They opened an administrative review on July 31, 2011. They stated that it was for the years prior to Nov. 2011. They gave that time frame a 0% rating and stated the review was to determine what it should be and they need medical records.

My next submission was in Sept. 2013 with half dozen contentions including IU. They took care of that and I received a decision about 2 weeks ago. After reading it a number of times, I realized they also had said they completed both open claims. That would have been everything I filed Sept. 2013, and as stated by them the July 31st 2013 claim. In the decision statement, they covered every contention I had filed for explaining why they did or did not rate it and why as they are required to do. Then I realized there is not one single mention all through the decision report that references the administrative review contention that they opened. No approval of anything, no increase, no denial, no nothing.

Now I did get 100% and dated back to Nov. 2011. But, by ignoring the other issue which should be rated at 30% back to 2002 which was their last denial. It only makes a difference in retro from 2005 until 2011. I had made a statement that if they choose not to increase it for that time, I would no longer fight it. But, it pisses me off that they just seemed to dismiss it, neither approving, or denying it. So what are my options to bring this to their attention.

I cannot get into the IRIS system as I am blocked stating I am a duplicate of another. I have been unable to get in using their work around for this glitch. I have been trying peggy but can't get through. I can only spend so much time sitting holding a phone to my ear only to be hung up on after a long period of time.

What action should I take to get their attention?

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""Then I realized there is not one single mention all through the decision report that references the administrative review contention that they opened. No approval of anything, no increase, no denial, no nothing."""

. I had made a statement that if they choose not to increase it for that time, I would no longer fight it. But, it pisses me off that they just seemed to dismiss it, neither approving, or denying it.

well geez, if you gave them an excuse to not do anything, why the heck wouldnt they just drop it. its not like the price is right. they arent going to show you whats behind door number 2 just for shits and giggles.

Edited by 63SIERRA
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I gave them an excuse??? OK, but I want my excuse back, I want a decision on that issue, one way or the other.....

I know they want to just forget it and figure I should to because I got favorable ratings on everything else. But, you don't just sweep it under the rug...or I should say, You should not just sweep it under the rug, but hay they are playing by Obama rules which is there are no rules. Laws are for other people to follow so I guess I go back into fight mode....

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  • HadIt.com Elder

The absence of a decision is a decision under the new rules, changed a few yrs back. Anything not mentioned is, I believe, considered denied. You can change you mind and rescind your "dumb a$$" statement that you wouldn't pursue it. "You" screwed up there!

I'd just write an appeal.

pr

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  • HadIt.com Elder

You are still within one year time frame to file a NOD and start appeal process. I would do that and put the NOD right in their hands if possible and get a date stamped copy. You can change your mind since time is still on your side. Don't wait to appeal. The VA is not playing by Obama rules. They are playing by VA rules which is to deny claims or ignore claims and hope the vet gives up. Everyone makes mistakes but I think you can take it back by appealing the fact that you never got a decision, so the claim is still open unless they did deny it. You can still appeal.

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OK, guess I made a confusing statement on here that got me called a dumb ass.......When I said I had made a statement that I would not fight this, that was in a thread here on Hadit.com.....so unless that becomes an official statement to the VA by way of them reading this forum, I never told VA anything like that....That was for the person I was having a conversation with here on the forum....I fully intend to continue to fight this because they did not even bother to respond. I managed to get through to Peggy (a first)....I told them I would be filing a NOD asap if I did not get an answer. That I have no problem doing if necessary. The gal said she would request the RO give me a call concerning this issue...I said ok....if I don't hear anything within 10 days, I will make myt 4th drive to Houston and personally drop off the NOD....

I guess I will have to be much more careful on how I word things on here from now on as it seems folks can take things the wrong way real quick as it's not the first time I been called a dumbass on these forums for a statement I made taken out of context....Also been told I deserved my denial because I didn't do what that person thought I should have....But this dumbass managed to get 100% scheduler managing my claim myself, so perhaps I'm not quite as dumb as some folks think. Sometimes I ask questions to get other opinions to verify I'm on the right track, that's all...So sorry I confused some of you nd the rest, have a great day.

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