Confused (sort of) about DAV Unofficial Notification

[OldJoe]

Got an unofficial notification from the DAV about my DRO appeal stating that they were giving me an earlier date for my tinnitus (that baffled me) and that they were granting me 40% for my back (degenerative arthritis).  My appeal was for secondary service connection for my knees, there was nothing about my knees in the "unofficial notification".

So I went to the closest regional off and was finally seen.  They looked up the "official" notification (SOC) from the VA and it stated nothing about my back but stated that they had denied me my secondary claim on my knees stating that the Dr couldn't find anything to connect my claim to either my back or the service (um, always thought knees went when back went, so secondary was almost a given, then again he did specialize in cardiology).

In someways I am not that surprised, but I am wondering about the "unofficial" notice both the "unofficial" and "official" where dated the same (July 5th) I cannot believe in a matter of a few moments the VA totally changed their decision.  So that has got me flummoxed.

What makes this unique is that if the 40% for my back was based on the one medical entry that they didn't use for my initial claim back in 95/96.  I was never able to get anybody to write me a nexus letter for this so I could "officially" reopen the case.  If the "unofficial" letter holds true and I am just waiting on other paperwork to be finalized then they have all but argued CUE and handed me a win without even trying (I know the VA will never give up that easily).  The entry stated scoliosis and that it was a recurring issue, their determination was based on an earlier entry and stated in black and white they could not find any other entries.  Can you say "gotchya"?

Getting a letter now for my knees should be easier since I have some indication that the VA does ("did") give some indication that they felt that my evidence did indicate connection to the service concerning my back.

Can anyone possibly clue me into what might be going on?  Did the DAV totally get it wrong?  Or, is this just part of the whole overall process and I am only seeing part of it?

[Richard1954]

I can't speak to your question if the DAV got it wrong...... I can tell you this... DAV was at one time my assigned representative and even when I fired them for incompetence they wouldn't go away.  Every time the  VA wrote me a letter they sent a copy to the DAV regardless of the countless times I told the VA they were not my representative.  Finally, I received a letter from the Waco Regional Office DAV, the letter stated that my claim had been denied.. but wait... that claim was denied 3 years ago... well you all know were they had their heads.. So I got into my Truck and drove the  60 miles to Waco, signed into the VA and told them in no uncertain terms they had better stop sending my stuff to the DAV. When that was done I went down the hall to the DAV office, asked to see the big honcho,,  and showing him the letter they sent , said this letter speaks to why your people don't have the knowledge or training to be my representative... He tried to tell me I was wrong and started to go into detail about their training... I just laughed and said you can't BS and BSer, I was a chapter service officer years ago.. I know all about your DAV Training...it was a joke then and its still a joke.. with that I got up and left...  Bottom line.. I would not trust the DAV to identified a hangnail, much less submit a claim on my behalf. I learned long ago want something done right you have to do it yourself....   If there was anyway that I could have my name removed from the DAV membership rolls I would do just that... When I joined the DAV well over 30 years ago they were a great organization... now they have a lot of new veterans and try to cater to their needs and have completely forgotten the old timers... and along the way they not only ruined the DAV, but changed the Logo and a lot of other things.....

[brokensoldier244th]

I have gotten double unofficial notification from the DAV before, with a phone call. I can't speak to the DAV as a whole, but the local office here has always been right, in 17 years. They sent me a letter, there was a change at the RO level to my claim as it went from a decision made to a decision changed within a week, DAV called me to explain, then sent me a new letter as well. 

[OldJoe]

Thanks, for the input guys.

It just seems really bizarre that both were sent out the same day (supposedly) they both have the same dates at the top July 5th.

Got a bad feeling that Review Officer was going to decide one way but "advised" not to.

[Vync]

I had DAV for a couple of years. The rep I had was very good and would send me unofficial notification on decisions. When she retired, I was transferred to another DAV rep who was not as helpful. It's about the quality of people.

[OldJoe]

An update, finally got clarification from the DAV on what is going on.

Evidently the VA finally did acknowledge that my back is related to the military service (after presenting the documentation from the service records it is so obvious a blind squirrel would stand up and take note).

So the VA is granting me 40% for spine.  Just have to wait for them to finish their "audit" which could take upwards of 6 months...  DAV says the best way to know that they have finished everything is to keep an eye on my checking account (good grief).

That said, and how I explicitly put everything I have absolutely no clue how far they will go back.   It is a C.U.E. and there ain't no way they can deny it.  It is all in black and white.  That said this is the VA, so that statement and a $1.50 might get me a coffee somewhere cheap.  So, will probably have to fight for the 20% all the way back to 95/96 and for the Voc Rehab that I had applied for back then.

Now just need to get them to do secondaries for my legs and knees.  Was Security Police (AF equivalent of infantry) spent many hours wearing out boots, so that alone would give me a bit of plausibility alone for a direct connection (to think I thought it was fun to run in combat boots, must have been daft in the head back then) and all I am doing is going for secondary not a direct.

Between my back, knees (both),  legs (both), tinnitus, and one other item should finish off at 100% scheduler.

Edited August 13, 2018 by OldJoe
Left out something

[OldJoe]

Well, finally some good news. 
 

The VA Did award me 40% for my back.  Now just got to get them to connect my knees (argh!!!, This is a non adversarial process....  Find my happy place, find my happy place...)