I Called Bob

[FormerMember]

Hey, Vets. This works great. I called Bob on Wednesday. Thursday morning the BVA gomer calls to find out whazzup. Then today the DRO calls up to say they are doing my DRO (which I didn't ask for) on my NOD of my CUE denial for a rating reduction. VA Seattle is 545 days out on DRO reviews. I submitted the NOD on 4/30/2014. The DRO asked me what I wanted. 100% from 1994 and SMC S.

http://asknod.wordpress.com/2014/10/03/vasec-what-happens-when-you-call-bob/

onward thru the fog. Vote for Bob.

Edited October 4, 2014 by asknod (see edit history)

[rosypalm]

Interesting.

[Stretch]

Bob Walsh has my vote. So does Asknod. I love Mr. Potato Head and was really impressed with him.

[FormerMember]

I was talking about Robert "Call me Bob" McDonald. But Bob Walsh is my favorite attorney. Stretch. He got me the 94 P&T on the hep C. Of course he was flabbergasted that he did. We were hoping for 40-60% and a Fenderson gradually moving up to 100% in 2007. He got his kitchen and hall bath remodeled off my $68 K donation. His new wife loves me.

Never have I seen VA justice move so fast. Nor, for that matter, has he.

Clear Prop

[Gastone]

Ask: That is "Faster than a Speeding Bullet." How close to the 20yr rating lock on your P&T 1994 award were you? What caused the VA to look at your rating, just how close you were getting to the 20Yrs? What did the VA propose to cut your SC to? Is "Bob" repping you on this NOD?

Semper Fi

Gastone

[Notorious Kelly]

Love the Federal Employee Locator link http://php.app.com/fed_employees10/search.php

Trick is: even getting a name from a group whose employees all wear their nametags backwards.

Can you name a civilian company that gets away with that?

[Stretch]

This is in case they look in a mirror and have forgotten who they really are.

[Navy04]

Great news bud, and I hope the wheel of justice keeps moving.

[Fat]

Congrats.........

[NavyWife]

This is great news! I have been considering emailing him for the last two weeks.

I read on Facebook that another vet had success with contacting him as well.

Way to think outside the box!

[FormerMember]

I hit 20 years on March 30th, 2014. They gave me the HCV to1994 @ 100% P&T. They gave me the tinnitus back to then as well. They just refused to give me the Porphyria for 100% back to then. That's twenty years of SMC S they were trying to skate on. I recommend all you fellers with intractable problems to get hold of Old McDonald. I like his new farming techniques. This is how you "farm out" a claim in my book.

Gastone. I filed a CUE claim to get their attention on this in 2011. They lost it but I had the green card. So they began again in August of 2012. They ruled against me in 9/2013 and then took some other claims and "disremembered" them. I called Bob up to say why is it taking 25 months to adjudicate it? He apparently asked the same question. Answer? We shall report back.

Cleared in hot.

[Vync]

That is really awesome news!

[mojo13]

I called him too, left a message and emailed him and sent a letter with all copies of emails and letters to Ms. Laura H Eskenazi which she or her staff never even bothered to reply. If he cannot help me then I give up. Will let you know

[FormerMember]

The latest is that the Congressional Interests gal Cheryllanne Mackey at the Seattle RO called me Friday at 1310 local and tried to tell me I was 100% and there simply was no more money on the table to ask for. When I asked about the SMC-S, the tone of the conversation changed dramatically. http://asknod.wordpress.com/2014/10/03/vasec-what-happens-when-you-call-bob/

​I cannot stress how potentially great this will be while it lasts. I suspect it will be abbreviated after Veterans Day but as of now it's working to perfection. I've had several emails to tell me they had exactly the same experience down to the golden boy staff attorney from BVA who called within a day.

Chocks free.

[ctbenja1015]

Congrats!

[FormerMember]

Never count your chickens before they peep. Here's the latest update: http://asknod.wordpress.com/2014/10/10/ebobenefits-a-whiter-shade-of-pale/

Dead Stick Landing. Hold on.

[NavyWife]

Well at least the denial was FAST!

The way VA twists the English language never ceases to amaze me.

[FormerMember]

I see my path to 100% as: 1) quit getting phlebotomies and 2) start going to a tanning salon. Instant death but also instant 100%. No dice. I still would not get to 100% because there is no 100% in DC 7815. VA's Catch 22.

Edited October 11, 2014 by asknod (see edit history)

[john999]

What email or phone do you call to get Bob?

[FormerMember]

robert.a.mcdonald@va.gov and 513-509-8454.

a

[FormerMember]

Navy Wife--- I asked them in my first email to please look into why I filed on Oct. 11, 2012 to reopen three old claims and nothing was happening. VA says they are 15 months out. I'm pushing 24 months and it is stuck in "Administrative Review" but listed as Gathering of Evidence. Instead, they grabbed my CUE appeal of Porphyria (NOD filed April 30, 2014) and ran with it. If they do nothing it will create great precedence at the CAVC. When, exactly, does "total disability" mean total disability? A C&P doctor said it but the VA examiner (rater) downgraded it to 10% for phlebotomies (violation of §4.20 and §4.21) and then changed it to 0% for Porphyria and 40% for phlebotomies. This was CUE. If VA did not like the C&P results, they had ample opportunity to schedule one they could use to low ball me (0%). They didn't and now they have to live with their own doctor's pronouncement. It became a finding of fact that can only be overturned based on fraud or the usual tenets of CUE expressed in Russell, Caffrey and Fugo. VA cannot CUE themselves based on how they decided the facts. An appeal is always a choice of case or controversy. If you argue case you are saying the laws were broken or ignored. If you argue controversy, you are disputing the material facts in the Evidence of Record (EOR). Here, the law was ignored. A finding of total disability was awarded 10% and then reduced to 0% (Diagnostic Code 7815). A DRO review increased the rating to 40% but under a different diagnostic code (DC7704). Both ratings decisions fail to incorporate the finding and neither grants a total disability rating (100% or TDIU)-ergo CUE.

a

Edited October 11, 2014 by asknod (see edit history)