Dale Jr. 8 Posted November 29, 2006 Share Posted November 29, 2006 I actually won an appeal at the RO. I had a C&P exam in Feb of 06. As a result of that VA proposed to reduce my rating. I sent in additional evidence and also requested a personal hearing. 10 days before the hearing my VSO called to ask about the evidence. Apparently Va said they never received it. I faxed copies of the evidence to the VSO and in 3 days the RO decided to leave my rating where it was at and didn't require me to come for a personal hearing. It also helped that my VSO doesn't like to do hearings if he can help it. Dale Jr. 8 Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted November 29, 2006 HadIt.com Elder Share Posted November 29, 2006 The VA put you through that grief for what reason besides just trying to shake you loose. Link to comment Share on other sites More sharing options...
Dale Jr. 8 Posted November 29, 2006 Author Share Posted November 29, 2006 John 999, You are right. The VA puts you through alot of stuff just to try to make you go away or quit. I have never quit anything in my life and am not about to start now. The VA battle can be a long road to hoe. I feel lucky to have gotten 50% in only 2 years of trying. Who knows maybe in 2 more years I will have the 100%that I should have. Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted November 29, 2006 HadIt.com Elder Share Posted November 29, 2006 Dale The way to get that 100% is with new evidence from medical experts. You cannot trust the VA to ever do the right thing using their own doctors. You need outside opinions to back up you claim for 100%. Link to comment Share on other sites More sharing options...
Berta Posted November 29, 2006 Share Posted November 29, 2006 (edited) Absolutely---- It amazes me how they can fail to receive evidence. It is always the good stuff. For over three years my former vet rep never sent them my evidence with a POA statement on a 4138 that seems to call evidence to their attention. He told me just to send it all right to the VA. I figured this is sure a different MOS from the DAV that I had in the past but I didnt question this vet rep at all. He was the boss at the local POA office. This screwed up my claim big time when I got a De Novo review. The vet rep on this POA at the VARO who handles de novo reviews didn't even know they represented me. I filed a complaint with their director and then the main office said to send everything to both the local vet rep and the VARO vet rep-but my additional evidence still did not get any 4138 from them- only a few months ago when I requested a different vet rep did I get 4138s sent to VARO to highlight and support my evidence. It does seem like in this situation Dale had, that somehow the 4138 that a vet rep or SO sends as cover letter for evidence does trigger the RO to actually read what is attached. When a claimant has a POA-but one who shows no support via the 4138s, it must appear to the RO that they can get away with lousy decisions. My former vet rep- unlike Dales, claimed when I griped that they failed to address my evidence-that he had no way to contact the VARO about this. I wonder how many other claimants got the same treatment from him. Edited November 29, 2006 by Berta Link to comment Share on other sites More sharing options...
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