ptsd Filing My Appeal

[Cavman]

When I appealed my 50% PTSD decision in September I just wrote an NOD on a piece of paper and stated why I disagreed and served notice I was appealing the decision. I later got a letter asking how I wanted it decided and I answered that and mailed it. I sent in all my new evidence and thats all I`ve done. Is that all I need to do?

I read tonight on Military.com that I needed to file what is called a substantive appeal on a Form 9. I never did this. I hope I haven`t been sitting here waiting on nothing. I mean they must recognize it being they ask me how I wanted it decided and also sent notice that they are going to decide new claims before deciding the appeal.

Cavman

[john999]

Jangrin

When you ask for a DRO Hearing with your NOD you are asking for another bite at the apple before you have to send it to the BVA. I have had four DRO Hearings/Reviews in the last four years. I was sucessful three out of four times. If I had had to go directly to the BVA I might still be waiting for a decision on claim number one. The DRO can make a new decision granting benefits or an increase without a remand. Often times the BVA will remand your claim right back to the RO that denied benefits in the first place. This is after the claim has sat at the BVA for two years. Then the RO might take another year to give you another negative decision on the same claim. This happened to me. In my VARO DRO Hearing take about a year. I also agree that when you get your SOC that you send in more evidence if you have it within the 60 days for reconsideration. I actually won a claim that way. I just kept sending in new evidence after I got the SOC. The VA reconsidered it and bumped me up from 30% to 70%. I was denied IU but I appealed that to the DRO and got that . I was denied chapter 35 and I appealed that to the DRO and I got that. This was in a period of about 2 years.

[Guest jangrin]

John,

Did you ask for an in person hearing for any of the NOD's that you filed? And if you did, did you have a service officer help with the hearing? If you fullfill the obligations of the VCAA letter and then are denied, you ask for an NOD, but you have no new evidence can a veteran still win his claim just by simply having it reviewed again?

If that is so, then it seems to me thqat maybe the claims should be rated by teams of 3 to 5 people who can hash things out in order to get a rating rather than a denial that will clog up the system.

Also why do the raters not use their ability to interview the veterans regarding thier claim. It states in the regs that the claims raters have that option. What gives are they afraid of the vets? Or they just figure if they deny someone else can deal with trying to figure out a difficult claim?

Sorry to ask so many questions, but thats how I learn.

Thank you for responding,

Jangrin

Edited January 1, 2007 by jangrin

[Ricky]

If only the system worked like it is supposed to. I received a rating in Jul 05. Filed NOD, Aug 05, asked for De Novo Review with a personal hearing. In Nov 05 received SOC (no hearing held). Wow, completed NOD review in only 4 months. SOC provided no real reasons and basis other than "during C&P exam no evidence of disease was present. Jez Louise I guess not since my stroke occured 7 months before the C&P was conducted (claim was filed in Jan 05-I guess they do not consider loss of use of foot and hand a chronic enough residual of stroke). In Dec 05 sent request asking for hearing that I did not receive. Followed up with 6 IRIS requests for status of hearing while watching clock run out on formal appeal process. RO responded to last request with "due to the number of claims this RO processes, we are too busy and do not offer DRO hearings." Filed Form 9 to keep process going while still raising hell about hearing. Here we are in Jan 07 still no hearing. Form 9 sitting at RO gathering dust since Jan 06. When I read 3.103 I do not see any reference to -DEPENDING ON THE WORK LOAD OF THE RO WE MAY OR MAY NOT AFFORD YOU YOUR DUE PROCESS RIGHTS. Any way- in Aug 06 condition got worse. Neuro doc provided new diagnosis and IMO. I provided that to RO in Aug 06 as of today no new decision or SSOC has been issued. Guess my RO works off of an international version of 38 CFR hahahahahahahahaha. Update: Since my RO will not release any info on my appeal (I only asked for a docket number) I sent a request to BVA asking for the same. Got an email last Friday from the BVA. "You will have to contact your RO for the information requested. They are the agency that is supposed to service any and all questions concerning your claim." Damn, how stupid am I? The RO is supposed to answer my questions about my claim that is pending with them!!! Holy Joe what a concept. I am not knocking the VA process for congress really laid it out in the US Code and some really smart guy at VA developed a very plain and simple explanation of the law and congressional intent, 38 CFR, that is easily understood by any idiot who can read. But I guess that is dependant on which side of the fence the idiot is on I guess. I am glad I am on the smart idiot's side of the fence hahahahahahahahaha. Thanks for letting me rant. Happy New Year - I love all of you guys.

Ricky

Edited January 2, 2007 by Ricky

[Cavman]

Ricky:

LAWYER TIME!!

Cavman

[Pete53]

Ricky hang in there you are still in the hunt. Believe it or not your C File is probably still at the VARO.

[Berta]

Ricky- what RO is this that doesn't offer DRO review anymore?

Apparently the BVA has not even docketed your appeal yet-

Are the 60 days from receipt of the decision up? Looks like you might have 1 or 2 more days left -

If I were you I would type in Caps REQUEST FOR RECONSIDERATION

and send this letter to VARO asking them to reconsider their decision and statements in the SOC and tell them you are attaching additional medical evidence-copy of the Neuro IMO and new diagnosis and then anything that supports the residuals from the stroke.

You could send copy to the BVA too just in case and at bottom do a CC: BVA so they see you did that too-I would send this priority and pay the extra for tracking slip and then print out the USPS acknowledgement at the USPS site when the VARO receives this.

Do you have a vet rep or SO with offices at or near the VARO?