I'm Poking The Bear

[NavyWife]

I'm Poking the Bear

Hubby says I'm poking the bear by requesting an increase from VA. He is terrified that by requesting an increase the VA will take away his current rating. I explained to him that the evidence he presented has not changed and his situation has not changed and therefore they can't do that.

He had his appointment today with his private physician to fill out a DBQ. His rating decision was only three months ago so this DBQ will get uploaded into Ebenefits. It is New and Material Evidence and directly addresses the reason they did not give him a higher rating. The rater did have enough evidence to award a higher number 3 months ago, but in their judgment we didn't provide enough evidence, so here we are.

It's being submitted as an Increase -Reconsideration. I'm holding off on using an NOD as a last resort. I surely don't want to go into the appeals process if I can avoid it.

Any advice, thoughts or words of encouragement are appreciated!

Edited December 11, 2014 by NavyWife

[Dinnard]

I've been married almost 45 years and there are times I just have to do what is in his/our best interest. When I sent an email to Sec. McDonald it was without his knowledge because he thinks anything we do might "irritate" those working on his claim/appeal and they will just put it to the side and let it sit. He was a VSO until he had stop working so it was hard for me to disagree since he was "the expert" and his former boss is located in a Regional Office is his VSO. However, once I started researching I found there were things that could/should have been done differently and after 4 years of lots of tears and frustration I took a leap of faith. When the BVA attorney called him he told them he didn't know anything about an email but was sure if they called me I could provide all the information they needed. He took remarkably well and has admitted that I did good! Do what your heart tells you!

[Notorious Kelly]

Glad to hear it, Dinnard; it doesn't help anyone for vets to suffer in silence!

[Philip Rogers]

PR--

I think in this case, because it is filed within a year of the last decision for the same contention, that it should go back to the date of the last decision--that's what a VSR told me. If not, then I have a backup plan for the effective date. I opened an informal claim on Ebenefits shortly after filing the 1st claim, to save the date, so at a minimum, it should go back to that date.

Honestly, I'm scared to go into appeals. I know they aren't even really working the appeals right now; they aren't even counted in the backlog & the focus is only on regular claims.

Plus it's so heartbreaking, when I read some BVA cases and the poor veteran waits 5 years in the appeal process and then gets denied anyway. He could have instead spent his time getting more and more medical evidence, piling it on until they can't say no anymore.

By the way, any update on your email to Bob?

Rootbeer22--

Sorry to hear this VA process is getting you down. It does that to all of us from time to time, so you aren't alone. You and I are at two of the slowest VAROs, so we have to have extra patience & perseverance! You are right, there is a lot of risk, but I feel like the risk is mitigated by adding additional positive medical evidence.

NavyWife - no word yet - it's only been 3.5 wks - maybe he's waiting to give me a Christmas present?? lol

pr

[NavyWife]

Dinnard--

Thanks for the words of encouragement! And great job taking initiative on your husband's claim!

PR--

I suggest sending another email. Maybe it got lost in the shuffle. Most vets that email him get a response by seven days. I imagine yours is more complicated than others.

[Philip Rogers]

NavyWife - I sent a second email about 10 days ago. Time will tell. Thanks for asking, tho!

pr

[K9MAL]

NavyWife - The "poking the bear" is the same bullshit fear tactic that my DAV VSO laid on me in 2002. Following that advice did absolutely nothing but make me lose a decade of benefits after the VA denied me on the first go round. I reapplied for tinnitus and a messed up left knee this last go around in 2013 and both were approved utilizing the exact same information that was in my records from the previous attempt.

If you have solid information then don't be afraid to use it and ignore the naysayers. The VA and the bootlicking veterans who espouse being happy with the crumbs their master provides them should be drug out and shot. You have to be willing to fight and go the distance!

I know you're an intelligent woman and a fighter so stick with it!