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

[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

[Navy04]

I like to read the knowledge you guys have on the appeals and Cues process. I know what you mean bud. The VA keeps denying a condition for me, or give me 0%, but then grant it as a total different Code with a good %. I don't have the Knowledge or the strength like you guys to challenge every bad thing the VA does to me. My current claim is at Prep for Notification for 8 conditions claimed. Hopefully it comes out well

[FormerMember]

Two options summarized in three words.

Win or Die

[Navy04]

Claim completed today. Granted 30% for R Shoulder and denied everything else. Submitted a reopen claim along with new secondary conditions. I see that I could have done a better job with previous claim, as I go, I try to learn. Thanks for the words of encouragement

[RUREADY]

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

a

Thank You Sir. This email work for me & he is for the Vet. Short story whether I like

the decision or not. I email Bob last week wasn't looking for anything just like the others

but I miss 2 call from 202# and today RO call said my claim will be with judge by 10-24 14

thank asknod for the knowledge & sharing this

The RO call apologizng for delay and to assure me it will be with judge next week

Edited October 17, 2014 by RUREADY