Communication Between Vsr And Veteran During Claim?

[CBaker84]

My general question is: Is there normally some forms of communication between the VSR and the Veteran if they would otherwise deny your claim for lack of evidence?

My claim just recently hit preparation for notification. This wouldn't concern me, but I have had zero requests for anything at all from anyone at the VA. The only thing that I had even seen was the automated response letter that went out once (which I told them on the phone I never received the request for). I have also never been scheduled for any follow up or sort of Dr. appointment to be evaluated for my specific contentions.

This said, I think I did a fairly good job on laying out my contentions and evidence. I did specific memorandums for each contention with citations to all the relevant evidence, statutes, federal court precedents, personal testimony and buddy letters. I submitted DBQ's for one of my contentions.

Is this normal? I'm not sure what experience others have, I don't really get a chance to talk to too many people about it.

[Berta]

They certainly might have enough evidence from you.

Was the DBQ from a private doctor who currently treats you?

Did you receive a VCAA letter within a few months of filing the claim?

If it was a presumptive condition,and you met the full criteria for that , that might have speeded up the claim.

Hard to even guess ...if you tell us more about the claim maybe we could help more.

[Stretch]

Rarely do the VSR's call. Most communications that I have seen have been in written response. If you are using a VSO's as your rep. then he has the power of Attourney for you. He will do the talking for you. Others will answer this also.

[georgiapapa]

In my opinion, the inability to communicate with a live person at the VARO causes most of the problems experienced by veterans filing disability claims. You can go to the SSA and talk with a live person about your SSDI claim but the VA thinks veterans should not have the same level of access at the VAROs. The VA believes that a Ebenefits and Peggy can answer all of our questions and address all of our concerns. Welcome to the Stone Age. JMO

[broncovet]

Exactly. The VA takes the position that The Veteran and the VSR should (mostly) not communicate. The VA does not want Veterans communicating with anyone who has anything to do with the decision. Why? In part because they think Vets are crazed killers and they dont even want Vets knowing the decision maker name.

The result is very poor decisions that mostly have to be appealed.

Better communication= Better decisions.

This is not rocket science. We need a "friendlier" VA..where we can go talk to the rater and explain our case. (In other words a "hearing" earlier in our case than after a 4 year appeal). No, not every Vet would want to talk the RSVR, and, not every RSVR would want to talk to every Veteran. But..vets should have this right to be heard without waiting 4 or more years for a BVA hearing.

One example: Some Vets write better than they speak..they dont like to speak a lot! Especially men! Other Vets dont like to do either, but may well like their wife or someone else to speak in their behalf.

I will add that with Social Security, you can go to an office and speak with someone. While they are probably not a decision maker, they will make notes in your file for the decision maker to review. The VA does not do this...the 1800 dial a ding a ling line will generally not make notes to your file...they pretty much tell you to talk to your VSO. I have looked at my RBA (Record before agency) and there were exactly zero notes even tho I called and even visited my VA and asked stuff to be put in my record.

Edited November 1, 2014 by broncovet

[CBaker84]

They certainly might have enough evidence from you.

Was the DBQ from a private doctor who currently treats you?

Did you receive a VCAA letter within a few months of filing the claim?

If it was a presumptive condition,and you met the full criteria for that , that might have speeded up the claim.

Hard to even guess ...if you tell us more about the claim maybe we could help more.

I had a basic claim for Allergic Rhinitis / Deviated Septum, carpal tunnel and sleep apnea syndrome (SAS). I had the DBQ done by my VA doctor for the SAS, sleep study, an IMO connecting it secondary to AR / DS, about 10 buddy letters regarding symptomology and observations, and a declaration from my wife regarding it and all the symptoms. I also pulled all my surgery records, complaints of poor sleep etc. out of my medical records and cited those.

As far at the AR / DS... I had surgery in service, which I showed, but showed the follow on complaints that the surgery did not correct the issue and I still complained about it in service. I have follow up treatment from the VA after this as well which I gave them.

My claim itself was 'different' so to speak. It was a NOD that turned into a request for reconsideration, which turned into CUE, that then terminated the appeal and started a new claim reopening everything.

[georgiapapa]

CBaker84,

Based on your response, it appears you overwhelmed them with a well organized claim with some great evidence and they probably have everything they need to render a decision. I am not surprised you have not heard anything especially if you signed and returned the VCAA letter stating you had no further evidence to submit and to go ahead and decide your claim. Veterans seldom talk to anyone at the VAROs in person other than the receptionist at the front desk and they aren't very helpful. JMO. Keep us posted on the progress of your claim.

Good luck to you and thank you for your service.