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Now What, What Are My Options

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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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Hey, no harm, no foul. No judgement zone, as far as I'm concerned. You're doing just fine. Ask anything you want, it doesn't matter what anyone else thinks, as long as you get the information you need. There's another very well known veteran's disability forum site on the net where sarcasm reigns, and one gets jumped on by former and current VA raters for asking the "wrong" questions. Hadit is not like that. Everyone had a first time visit here at one time or another.

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Yes, I am sure everyone thought you told VA to just forget your other claims. If this is not the case then you just do appeal. You are not a dumb ass. I did dumb ass things in retrospect over many years with the VA. My first big mistake was to trust that they had my best interest at heart. On my very first claim they screwed me to the wall. I did not know enough to appeal, and did not even know my appeal rights because the VA sent my decision to wrong address and it was returned to sender. They still say I should have known my rights and this is part of " duty to assist" so not a CUE.

Yes, reaction here is good training for being very careful with words to the VA. Here we just get confused. VA twists your words with purpose to deny. You know what that means......years of appeals and delays. You know "due process" means nothing to the VA. They violate vet's due process as SOP. Hang in there. No harm, no foul.

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