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Very Important!


Cavman

Question

Everyone always preaches about making copies of everything and here is a perfect example why.

In my letter with my VCAA form regarding my claim for tinnitus it states they have received my evidence from a shrink I am in treatment for, for PTSD. That was sent at a different time regarding my appeal for IU. It has nothing to do with tinnitus. All the stuff I sent for tinnitus isn`t even mentioned. So now I will make copies of my copies regarding my appeal and new claims and drive to the RO and try to explain it to some dumbass as he/she watches the clock counting the seconds until lunch.

Might also be a lesson here to let your appeal be decided before you blow their mind with another claim.

Cavman

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CAvman, you think they screwed up. Actually this is by design to add confusion to your claims as a delay tatic to straighten this mess up. It will cost you a couple of weeks if not months.

Good luck and dont lose your cool when you go to the RO.

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CAvman, you think they screwed up. Actually this is by design to add confusion to your claims as a delay tatic to straighten this mess up. It will cost you a couple of weeks if not months.

Good luck and dont lose your cool when you go to the RO.

Damn...I can`t lose control when I go to the RO? I was going to really show them some PTSD!

Cavman

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Damn...I can`t lose control when I go to the RO? I was going to really show them some PTSD!

Cavman

Hey....I`ve been diagnosed with Stage IV tonsil cancer and have a pet scan scheduled for Jan 2 for a growth on my lung and was scheduled yesterday for a biopsy to be taken from my tongue the 27th of this month. I figure on being not too damn nice because I might not have the time to be stalled. Matter of fact, I think I`ll get real serious next week when I go there.

Thanks for the answer my friend.

Cavman

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I've been there, done that. It damn near cost me, my claim. Some Shxxhead, told me the shrapnel, still remaining, in my right knee and liver isn.t really that big, he even hinted that it was self-inflicted. Boy, did I lose it. This was in the RO, in New Mexico. After that I always had to have a armed escort, into that office. In fact, at one time they where talking about me needing two armed escorts, because of my size. Plus the fact, that I spent 3 years as a MTI ( that's Air Force speak as a Drill Sgt.) Hey, if I can't freeze 50 kids, in place, without saying a word, I wasn't trained right.

The long and short of it, it probably cost me at least another 2 years, of 7 year claim process.

Larry Jones, 100% PTSD SC. and still a little nuts, I hope.

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That is something that gets me. You have to be clear in your letters -- but they can send out al these vauge letters without clarifying what they are talking about.

My husband filed one claim when he retired. And then he appealed everything they didn't approve. After that he had things bouncing back and forth between the RO and the BVA for years without him filing another thing. Later he filed his claim for lung cancer. He sent in a NOD and got a SOC on that. And then a few days later he got a letter that said his appeal was being sent to the BVA. Since he hadn't disagreed with anything excet for the lung cancer for several years -- he thought they sent the lung cancr claim. after waiting and waiting for it to be heard -- he found out the claim was closed. .and that the additional evidence we are sending is a re-opening of the claim - not for an appeal.

But there letters just say "Your appeal has been forwarded" -- without clarifying WHICH appeal.

Free

Everyone always preaches about making copies of everything and here is a perfect example why.

In my letter with my VCAA form regarding my claim for tinnitus it states they have received my evidence from a shrink I am in treatment for, for PTSD. That was sent at a different time regarding my appeal for IU. It has nothing to do with tinnitus. All the stuff I sent for tinnitus isn`t even mentioned. So now I will make copies of my copies regarding my appeal and new claims and drive to the RO and try to explain it to some dumbass as he/she watches the clock counting the seconds until lunch.

Might also be a lesson here to let your appeal be decided before you blow their mind with another claim.

Cavman

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Yeah- those letters can be misleading- I check everything.

They not only sent my AO claim to the BVA without addressing any evidence at all- then they (at the 800#) said they sent my CUE claims there too and I raised Hell-but these claims were still in progress at the RO.

But I found out that they also sent on appeal -a claim I had withdrawn when they clarified it was not an open issue and then I filed a CUE on it.

I think the BVA is the only entity at the VA that read my remand request and my I-9 where I clearly stated on the first page that my medical evidence had been ignored.I dont even think my POA read the appeal.

It was all remanded and being worked on- so they say-----I have 3 IMOs - they never addressed two of them and I got an additional IMO in August. I have contacted someone who will prepare even another one if needed.These other IMos were sent to them many times so they cant say they didnt get them.

This is SOP in my past experience with this RO to continuously ignore my evidence and string it all out.I also had a former vet rep who seemed to be working against me.

I still believe however that strong well worded IMOs are what is needed to turn around most claims these days.

If I had gotten a proper VCAA notice- on my AO claim- per the BVA in another widow's remand-the notice would have told me to get an IMO on the veteran's death.

I overcame the VCAA violation on my AO claim myself by doing what the BVA suggested in this fairly recent remand.

When the VA says you need to give them "competent medical evidence"

I say-in most cases-competency might only come from a IMO and not from their doctors.

Edited by Berta (see edit history)
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