FIRST THING FIRST

[paulcolrain]

BEFORE YOU DO ANYTHING GET A COPY OF BOTH YOUR C-FILE AND YOUR SMR.

THEN, ASK YOURSELF A QUESTION, 

ANY PROOF IT HAPPEND IN SERVICE?

ANY PROOF IT HAPPEND AFTER SERVICE BECAUSE OF SOMTHING?

THATS IT FOLKS.. FROM THERE IF YOU GET A DENIAL THEN IMMEDIATE APPLEAL FORM 9. DO NOT GO FOR A DRO DO NOT GO FOR ANYTHING ELSE BECAUSE AS LONG AS THE FILE IS IN APPEAL WITH THE FORM 9 THEN YOU HAVE A DOCKET #..... ITS THE MOST IMPORTANT THING.... THOUGH I WILL WARN YOU DEVELOP THE APPEAL IN THE RIGHT MANNER AS YOU GO. IF ITS WRONG THAN WITHDRAW BUT IF CORRECT THAN BRING IT BECAUSE IT CREATES MORE PRECEDENCE FOR OTHER APPEALS AND YOURS.. DO NOT !!!!! ASK A VSO TO DO ANY THING... ALL THEY WILL TELL YOU TO DO IS PROLONG THEY STATE AND CONFUSE YOU. ITS FINE TO GET A VSO AFTER YOU FILED THE FORM 9 BUT IMTELLING YOU TO FILE AS SOON AS YOU GET A DENIAL. FILE A FORM 9 OUT OF THE GATE SO THAT YOU ARE ON TRACK. THOSE THAT TELL YOU THAT YOU NEED TO WAIT FOR A SOC OR A SSOC ARE VERY WRONG. YOU CAN FILE TO GET A DOCKET NUMBER THAN KEEP TRACK OF YOUR APPEAL THROUGH THE 1800 NUMBER OR KEEP SENDING IN MAIL TO THE BVA THAT ASKS FOR AN APPEAL.. THIS IS FINE BY LAW AND A LOT OF OLDER VETERANS DONT WANT THIS TO BE TRUE. JUST PLEASE STOP USING THE VSO'S ALL THEY DO IS CREATE CHAOS WITH THE TIME FRAME OF APPEALS. IF YOU DONT BELEIVE ME GO FOR IT. YOUR THE ONLY ONE WHO WILL LOSE. IM HERE TO HELP. MESSAGE ME ANY TIME.

[lotzaspotz]

I agree with everything Paul said.  Others here may have had some success with the DRO process, but I'm not one of them.  I tried it twice, both times resulting in a cut and paste denial that regurgitated the original denial and only wasted our time.  I'm even losing what little faith I had in the BVA and look to the CAVC for a decent shot at a reasonable outcome.  The RO will have plenty of time to conduct a "decision review" if the BVA remands the appeal back to the RO to correct the flaws that provided the basis for a remand.  You will most likely have to tell the BVA what those flaws are per 38 CFR, but the important thing is making them aware that you know what the regs say and what the BVA is supposed to do, which at best would result in a grant of benefits or secondly, a remand.  

I normally end my BVA appeal cover letter by nicely informing them of my intention to appeal to the CAVC in the event the BVA denies the appeal.  I want them to know I'm not going away quietly.

[broncovet]

I agree with most of what Paul said EXCEPT "IF ITS WRONG THAN WITHDRAW".  He has some excellent advice and I dont want to focus in on where we differ, tho.  

Its exactly spot on you want to get your hands on your Cfile and SMR's.  When you are at the BVA, there is a RBA (Record Before Agency).  This is the best, as its not "just" about your medical evidence, its also about previous RO decisions on appeal, not to mention IRIS emails, your 21-4138's, and rating sheets.  Rating sheets are a summary we are not supposed to see, but are contained in the RBA.  They show a lot.   I have mine on a DVD.  If you can afford the .pdf "searchable" software, that is amazing.  For example, you could search for "at least as likely as not", and probably find that Nexus that your RO says you dont have. If you cant afford to pay for Adobe or search software, then you could try this:

http://www.cogniview.com/blog/pdf-editing-creation-40-opensourcefree-alternatives-to-adobe-acrobat/

I think you need to understand your rating specialist is expected to perform a "super human" feat when he does your rating.  In other words, he is supposed to read, and understand, sometimes 1000 or more pages of evidence in minutes.  I have been reading over my 1500 page cfile for the past 3 months, and just discovered evidence I did not know 2 days ago.  It is unrealistic to expect that rater to read 1500 pages in a few minutes or an hour or two at best, as he still has other work to do other than read your file.  

My attorney says that when VA gets your file all scanned in, it will be a big advantage.  

 

[paulcolrain]

i agree with a ton of what you say bronco. id like to just ask a question. once the c-file is fully scanned and all the rater has to do is a search of winnable key words then, shouldnt the congress determine what those keywords are? not the ro. because lets say that the veteran doesnt have a c+p exam for anything but yet the record shows by a keyword search that one was asked for by varo. then next svanned record says vet didnt show .... puff denial without going furthur to read anything. just my input. i personaly think they should get rid of all this new welectronic way of doing things and just do it the way Social Security does it by a case manager per ro . then each veteran would get an appointment to meet with case manager to answer any and all qyestions.

[Vync]

Text searches are only as good as the ability for people to spell things correctly. Also, if there are any handwritten scribbled records (usually for older records), they may have been scanned in as a bitmap image. Some products that Bronco mentioned may be able to OCR some of the text. OCR is optical character recognition, but does not necessarily work on cursive.

[broncovet]

Instead of "withdrawing" the claim or appeal, the Veteran/representative should "fix whats wrong."  Lets use your example:

Lets say there is "something wrong" that will likely lead to a denial.  A classic of this is there is no nexus.  You have a diagnosis, you even have an inservice event..but no doc has ever said, "The Veterans PTSD is at least as likely as not due to the trauma of the  VEteran watching 4 of his friends killed when a tank blew up in service when it ran over an IED".  

You dont want to withdraw this claim!  You want to fix it!  There are several ways:

1.  Go to another Psych doc, and make sure you tell him your version and see if he writes it in your record.  It could well be its not the docs fault:  "What if it were you who never told the doc your reason for PTSD?"  The doc can not read your mind.  Many Vets dont like to talk about such things and most of these have very, very good reasons for clamming up.  

2.  If you told the doc already and he ommitted your statement/his opinion or nexus, then ask him to amend the records to include it.  Use 38 CFR 1.579 as a bases.  

3.  An IMO/IME may work, BUT NOT FOR PTSD.  VA thinks only VA docs can diagnose PTSD.  

[Buck52]

I agree with Paul & the other members also

''Note to Paul

Please try to keep from using all Caps in your post  and possibly paragraph your post if you can or increase your text size  it makes the post so much easier  to read.

Thanks Buddy

 Sometimes the C-file does not have every record in it  and usually the one we need most...I recommend order all your smr's and str's records from St Louis useing form SF-180 and if you need any records corrected get the correct forms  and send it to the correct place  like Arlington Virginia  to request your record to be corrected

Or listen to hadits radio podcast show in the hadit archives  for 10 -8-15  Jbasser & J Cook they have great information & addresses to where to request your records NPRC in St Louis  or if you were in the reserves they have that information as well.

Some times raters will be reading something different that what you have for your evidence, So  make sure you have your records for proof .

send in any record you need to help with your calim and remember to make copies and keep in a safe place

Again remember to get certified sign return receipts &put in a safe place

I have made me my own C-file's and keep  my copies in it for safe keeping.  I have actually 3 homemade c-file folders.

when you have all if these things corrected and in place  that's great evidence obviously!  its hard to remember every detail but remember its your claim and try to make it perfect. or at least make them read the info.

 

jmo

 

...........Buck

Edited October 9, 2015 by Buck52