700 + days and waiting on NOD

[Navyguy2013]

I have a question on the best path forward for a NOD I filed over 700 days ago.

I filed the NOD in response to several disability claims that were denied for failure to show up for my C&P exams. I never received notification of any exams so, I did not show up. I filed a NOD contesting the above information within the required time-frame.

Ebenifits shows no change in the last 700+ days on my NOD. My calls to the VA's 1800# have yielded no results, they say they have no estimated time-frame for completion, and no updates on the NOD's progression. Just stand by to standby is the response from the VA. NOTE: I did get notification for C&P exams for my disability exams associated with my NOD in JAN2017, I did go to these exams.

So it appears that something is happening with my NOD, but Ebenifits and the VA 1800# show no changes in the last 700+ days. (I just got off the phone with the VA again this morning)

What should I do, stand by, if so for how long? Or should I contact someone, if so who, and what method of communication should I use?

I thank everyone for all of the help you provide to all of us, hopefully, one of these days I can provide assistance to people on this site, so far I am just stumbling around the VA process.

[Victor Ray]

36 minutes ago, Buck52 said:

Its better to file  FDC claim on the 21-526ez  

jmod 

DAV did that in July 2014. I called Ebenefits to check my claim status the middle of Nov. and It wasn't even in the system yet. It wasn't even scanned into the system yet. Everything about DAV sucked from day 1 followed by lies and deception. DAV is the dirty arm of the VA, and are here to make sure you get as little benefit as possible. They are here to screw you over and are the scum of the VSO phonies. Six digit salaries, bonuses, bonuses, bonuses, and in bed with the VBA. The whole VA is completely corrupt, and are licensed to lie as much as it wants to make sure you die before getting the truth or honest treatment. It disgusts me. Sorry for the bad attitude, but the VA has destroyed too many lives intentionally, and the idiots in Texas have to be totally illeterate, or have had the evidence destroyed, and they never saw it. St. Louis is corrupt, Atlanta GA is corrupt, Kansas City totally corrupt, Nebraska corrupt. This whole benefit system is totally corrupt, just the way it is designed to be.

victor

[Buck52]

Yes I certainly understand about how you feel with the VSO's DAV

In my opinion its better for the veteran to work his/her own claim &stay on top of it and stay up with the CFR'S and gather evidence,ect,,,ect,,

 I tell all veterans to request their C-FILE before filing and wait a few months then file the ITF Unless they have all their medical records and Dr's statments that is favorable  & If the Veteran keeps getting denied at RO & DRO Level and headed to the BVA then professional help is best  (hiring a experienced VA Attorney) I never had to go to the BVA  Thank God

You stick with Hadit .com and things will turn around for you and your life will change for the better after you get all your well deserved benefits,  that's what hadit.com is all about.

We all form good friends along the way  and the friendships will last a life time .

When I first filed back in 1998,I just filed my claim and it was totally denied on lack of evidence of record, I never knew anything about evidence of record or NOD's back then, so stupid me I ask DAV to help me...they were no help at all I worked my claims and the DAV Was no help with my claims what so ever but took the credit for it when I was Approved & S.C....for some reason or another I never revoke the DAV..Their still my POA..And Useless.

Not knowing about NOD I would resubmit my claim WITHIN 3 OR 4 DAYS AFTER BEING DENIED AND KEPT DOING THAT OVER AND OVER back in those days as long as you re-submitted your claim within a year it was known as a NOD However they did have the proper forms for NOD's

Although I did mention to one of the DAV SO's at my VAMC  not to do anything with any of my claim unless they contacted me first...they never did anything...so I worked my claims my self after that.

After fighting with the VA Back and forth for a few years  I had to do something  I had Hadit with the VA and one day back in 1999 or so I was piddling on the computer at home I type in the word Hadit  and came across this Hadit site from Ms Tbird

Members Flip H, aka Phillip Rogers,Ms berta Tbird, Larry ,Ms Carlie & a lot of others that are not on here now  either retired from hadit  or passed.

and the rest is history I won all my claims from advise from members of Ms Tbird Hadit .com

I will ever be so grateful.  and try my best to help other veterans and let them know what me and others went though & try my/our best not to let that happen with the newer Veterans coming home from the Gulf Wars...or any wars or conflicts. 

Edited March 6, 2017 by Buck52

[Victor Ray]

Buck.

Thank you for the encouraging words of patience, and it seems I have pretty much done about the same as you.

I started trying to get my records before I was discharged. After the Army said they wer lost and it was time for me to get out, I had no proof of being in Vietnam, Japan, or being even being hospitalized in country. They didn't give me anything except traveling orders home and a DD214.

The VFW and myself requested all my C-File, 201 file, and all medical records in 1983. I never got any. I started requesting again in 2012, 5 years ago. I finally got some about 10 months ago after 20+ FOIA Requests. I have the requests going back to February 1972, but just got some of them last spring. Why did it take 45 years and dozens of requests? I got a letter from the VA saying they would not release the records from June 1971 to January 1972, and they would show the migraine headaches, which is now a 13x5mm hypodensity in the brain white matter, and have had at least 2 strokes that are documented. I am 100% blocked in my left carotid artery too, and I believe there is evidence in those records. I was told I was part of an experiment, but blew it off, but now I wonder.

i am at lifes end now, and every day I weak up is a thrill. I will not live years, and am past due for a hard cardiac event, but hope to have a year ot possibly two. I have hope, but not much. I lost faith in the system when I was denied in 1983, when I couldnt get a single document. They were covering up Agent Orange Residuals even then, and the last three years of hope and looking for that day my life would change are about done.

I go talk to a lawyer Tuesday, and am going to ask him for the moon, and the solar system, because they have purposely made this a long and unnecessarily devastating event, withholding medical evidence maliciously causing an early death, suffering, and anything he can get for my family after I am gone. My kids, grand kids and their kids too. I am like you and have ""HADIT"". Thanks Buck

Victor Ray

[Buck52]

 All boots on the ground Vietnam Vets use the A.O. Presumption Rule.or suppose to be able too!

As for as not having your Vietnam service on DD-214 if you can get any Buddy statements from your old Vietnam unit or units you served with  will be proof you were in Vietnam Morning reports  any certifications, awards CIB ANY TYPE OF CERTIFICATES/RIBBONS YOU MAY HAVE  COMBAT PAY VOUCHERS ANYTHING THAT PUTS YOU IN VIETNAM.

Can you put on here the reason they denied you? you may have already did that?

Victor Ray,An experienced Attorney is best for you at this point, you might need to get an IMO/IME but they are well worth it, you present what records you do have and that letter from the VA,''saying they would not release the records from June 1971 to January 1972, and they would show the migraine headaches, which is now a 13x5mm hypodensity in the brain white matter, and have had at least 2 strokes that are documented. I am 100% blocked in my left carotid artery too, and I believe there is evidence in those records. I was told I was part of an experiment, but blew it off,''

Show this to the IMO/IME Dr  and of course the Attorney

There's is no reason for the VA NOT to release all and any medical records they have on you. no matter what.

Failure to assist.

Failure to use the VCAA Act of 2000 &numerous other citations committed by the VA (CUE written all over them)  jmo

Ask the attorney to get you all and everything possible  from the VA as for as your benefits  and also your case could very well have some CUE 's along the way.

Don't let the Attorney Drag his/her feet  be up front with them  if its payment they seek  then find another Attorney   they get paid by the VA when they win  but make sure  who ever you pick for your Attorney has you as his No. One Priority and not in it for the $$$...they will get their $$

Also Request your claims be expedited  B/C of the length of time your claims have been under CONTINUED  prosecution and your Age ...you Request the expedition on your claims.

Priority of Processing of Claims ,There are some statues that state about the processing of claims (Expedition of Claims)

UNDER M21-1 PartIII Subpart ii   when veteran is terminally ill  or age 85 The only thing is if the veteran has been receiving benefits  then this may not BE A PRIORITY??  they don't really make this part clear ,this is why an attorney could help you. Note: they made changes to this April 6th 2015

   Read the M21-1 Part III Subpart ii ''Priority Processing of Claims'' It has some good information and I believe you follow under these guide lines as Terminally Ill.

You could email Secretary of VA all about this.....were all not sure how he will respond but if President Trump gets word on how the VA has treated you  I'm sure he will intervene  matter fact make the emails CC to each other.

This would probably be your fastest way  but check with your Attorney first  but its truly your call.

Maybe things will get better for you after checking with some cardio Dr's

I wish you the Best Victor.

Take Care  of your self Buddy

other members please feel free to chime in here   Ms berta, Asknod, Gastone, Broncovet.

 

Edited March 6, 2017 by Buck52

[Berta]

"As for as not having your Vietnam service on DD-214 if you can get any Buddy statements from your old Vietnam unit or units you served with  will be proof you were in Vietnam Morning reports  any certifications, awards CIB ANY TYPE OF CERTIFICATES/RIBBONS YOU MAY HAVE  COMBAT PAY VOUCHERS ANYTHING THAT PUTS YOU IN VIETNAM.”

If you file out a DD 149 and send to  where you are directed to on the form, those Vietnam medals etc, might sure show up along with dates of overseas service, and they will issue a DD 215.

http://www.dtic.mil/whs/directives/forms/eforms/dd0149.pdf

Another point is that vets should never rely on the VA if they are told their military records have been lost , (told by the VA) They need to get proof of that from NARA,if the records were actually lost.

Also sometimes VA will say that JSRRC could not confirm their stressor, when a review of their C file shows the VA never even contacted JSRRC for proof of stressor.

I agree you should send the Secretary an email,but to make it as brief as possible,identifying specific things that have gone wrong with the proper adjudication of your claim.

I recently pointed out in a letter to  Secretary Shulkin and copy to the President how the VA will often fail to even attempt to get probative records, by not even contacting JSRRC or the SSA etc, but telling the claimant they (VA) had done that, but saying erroneously, that no records exist.

And when the VA does receive probative evidence,they often completely ignore it, in order to deny the claim.

Actually I suggest writing directly to the Secretary and send a copy to President Trump,instead of email...

Just think if every single veteran (or their survivor) who feels the VA screwed over them ,during the claims process, wrote a letter about it and either attached proof or said proof is available if needed, and they all went to the post office and all mailed their letters on the Same Day, to the Secretary, they could practically create,in essence, a New Veteran's Day ,when the press would see sudden stacks of mail being delivered to the Secretary,from veterans themselves, who can prove they have been adversely affected by well paid VA employees who do not even follow basic VA case law themselves when they adjudicate our claims.

The addresses for the new Secretary and for President Trump are searchable here at hadit.

 

 

 

 

 

[Victor Ray]

Berta and Buck.

i certainly appreciate the help you all give freely un unselfishly all the time. This is a welcome sight compared to others where they talk down to you and act as though they are themselves raters, which some of them are.

i have written Secretary Shulkin, and hope he got it at  David.Shulkin@va.gov, and told him the VA has said they will not release certain documents per Chapter 5 and Chapter 6 of FOIA.

It "does" show service in Vietnam on my DD214, and apparently my records were never lost in the first place. DOD or the VA called me a couple years ago and asked me why I wanted those records point blank and a matter of factly, but he had a very unique voice I would recognize years later. I said because there was medical information and other evidence that I may need in the future. I though it was odd that they would call and ask why I wanted them.

The NARA is where I did finally get the treatment records from, but I got some from all sources, the VA, NPRC, real sporadic. They said they had them, then they didn't, then they were returned back to them, and it is all suspicious. I never received any pay records, morning reports, but I finally got the inpatient treatment records showing physically being there and treated, contrary to what the VA says. 

I am supposedly put in for a reconsideration, but I will still see the Attorney tomorrow. Depending on the outcome with the VA in the next week ot two, I will know what I need to do. I will keep you posted and will use your advice. You guys have been great thank you Buck, and thank you Berta. 

Victor Ray