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.

[Notorious Kelly]

The VA relishes being The Man Behind The Curtain with no access for The Little People.

Think of it as an exclusive Vegas night club where you can stand in line for years but never get in.

You basically have no voice at all in The Process until the BVA - it is a soulless, evil beast causing untold suffering and death.

But - other than that, they're pretty fair.

[Berta]

"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. "

WOW interesting..... you had your ducks in a row and they were well armed
with Evidence.

Just at add to georgiapapa's points

"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. "

I have been a claimant 3-4 times since the VCAA regs came out.
My pending claims are asking VA to CUE itself (which they say is a DIC claim but I already get DIC )and also I have an additional 1151 claim pending (which they said in IRIS was a NOD on the CUE claim.......which does not make any sense at all.)

My point...they usually don't send VCAA letters on 1151sand never on CUEs.The sole VCAA letter I ever got was 10 years ago and it was illegal.

I suggest doing what I would do if I ever get another VCAA letter and response form ( VA never sent me any response form with that VCAA letter)

I would tell them I had no further evidence to send (maybe there is a check off box for that on the response form ) and I also would list on the form a brief description and dates of all of the evidence I had already sent to them.

[Gastone]

CBaker: There is a VA provision for a DRO to inform you of an "Informal Conference" to address needed info and Evidence for an appeal. I have never read about a personal "Evidence Conference" pre decision being requested by the VA Rater. That is not to say that your claims rater might not send your claim back to the gathering evidence phase if he thought something "evidence wise" was needed.

My recent personal experience 06/27/14 with the DRO Review process, best move I ever made. All major $$ issues from (2) NOD's 2010 & 2012 awarded. I opted for an "Informal Hearing" at the scheduled "2010 NOD DRO Formal Hearing." By deciding to forgo the recording and transcription of a "Formal Hearing" the DRO decided to cover my non-scheduled 2012 IU NOD also.

If you used the FDC and absolutely had everything covered, so that even a blind man couldn't make a decision error, your good to go. With the VA you can never be absolutely certain that you have everything covered, until the rater's decision is made. Hope for the best, plan for the worst. Start laying out your NOD now, if you don't need it, Great. You certainly wouldn't be the 1st Vet to be disappointed in the VA Rater's SC rating or %.

Semper Fi

Gastone

[CBaker84]

CBaker: There is a VA provision for a DRO to inform you of an "Informal Conference" to address needed info and Evidence for an appeal. I have never read about a personal "Evidence Conference" pre decision being requested by the VA Rater. That is not to say that your claims rater might not send your claim back to the gathering evidence phase if he thought something "evidence wise" was needed.

My recent personal experience 06/27/14 with the DRO Review process, best move I ever made. All major $$ issues from (2) NOD's 2010 & 2012 awarded. I opted for an "Informal Hearing" at the scheduled "2010 NOD DRO Formal Hearing." By deciding to forgo the recording and transcription of a "Formal Hearing" the DRO decided to cover my non-scheduled 2012 IU NOD also.

If you used the FDC and absolutely had everything covered, so that even a blind man couldn't make a decision error, your good to go. With the VA you can never be absolutely certain that you have everything covered, until the rater's decision is made. Hope for the best, plan for the worst. Start laying out your NOD now, if you don't need it, Great. You certainly wouldn't be the 1st Vet to be disappointed in the VA Rater's SC rating or %.

Semper Fi

Gastone

I believe under their duty to assist they should be asking for information. I thought?

[Gastone]

CB: YUD think, right. I have never read about any Vet being directly contacted by VA Rating Dept in regards to having a Predecision conference to discuss necessary evidence to support your claim. There is the DRO "Informal Conference" that a DRO "can if they choose" initiate. There again, I've never read about any Vet having the "DRO Informal Conference."

I asked for the "DRO Informal Conference." I was (3) years waiting since 1st Nod 2010, figured it couldn't hurt to give it a try. My position is, any chance I get to have a face to face with the VA Rater or DRO regarding what is needed to perfect my claim, I'm all in. There are some Vets that think any type of "informal hearing or conference" is extremely dangerous, I was successful so I disagree with their view. If you have a solid grasp of VA Regs, your evidence is solid and you can articulate your claim or appeal, "Informal" should be considered. Note: 4 months after asking for the "DRO Informal Conference," I received VA notification of my DRO NOD Hearing scheduled for 6/27/14, hadn't had any contact from the VA regarding NOD since 2010 acknowledgement of receipt.

Semper Fi

Gastone

[CBaker84]

Well, my underlying claim of AR / Deviated Septum was granted, but it seems like the other claims were sent back for more evidence. Kind of irritated, as I haven't received anything saying what they need or what's going on; nor have I received the AR / DS grant letter. But, I am adding a 2nd IMO and two more buddy letters from officers that served with me to the claim now. I guess we will see.