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?

[OldJoe]

Correct me if I am wrong, because, though I am not a lawyer,  if I am not mistaken they have firmly placed themselves between a rock and a hard and a place by stating that they had reviewed all of the evidence available at the time and made the right decision.

Based on the rating criteria at the time, the rating for scoliosis was (and still is) 20%, period.  Um, there is no arguing this here; well there is some wiggle room for arguing the genetic excuse, but I have a bullet proof counter for that.  Another service medical record that clearly stated that I had had no prior back issues.

Thanks you very much Berta for introducing me to the one regulation concerning the evaluation of all evidence.

Correct me if I am wrong, because, though I am not a lawyer,  if I am not mistaken they have firmly placed themselves between a rock and a hard and a place by stating that they had reviewed all of the evidence available at the time and made the right decision.

Based on the rating criteria at the time, the rating for scoliosis was (and still is) 20%, period.  Um, there is no arguing this here; well there is some wiggle room for arguing the genetic excuse, but I have a bullet proof counter for that.  Another service medical record that clearly stated that I had had no prior back issues.

Thanks you very much Berta for introducing me to the one regulation concerning the evaluation of all evidence.

[OldJoe]

Now however I have another issue that the VA has perplexed me with.  A request for a LoE, W-2, or some other proof of income from when I got out of service.

That was 20 years ago.  I am going to search hi and low for something, but I don't think I have anything that dates back to that time frame.

If I don't find it what do I do? (At least others that read this crazy roller coaster of a claim story might learn something)

[Carl the Engineer]

OldJoe,

Did you receive separation pay, or readjustment pay when you got out?

Have they, the VA, recouped it yet from your VA compensation?

You can not receive VA compensation until you have satisfied your separation pay.

The good news, if any, is they only recoup the net, or after tax, amount. 

I didn't get any money from the VA until I payed back some $47,000.00 dollars.

Just sayin,

Hamslice

 

[SgtStelmo]

You mention 'and all I am doing is going for secondary not a direct' in a way that implies some importance to it.  I am not sure that is true. It seems to me that the only true difference between the two is that in a primary you must establish the nexus between an event/condition during active duty and the claimed disability, while in a secondary you must establish a nexus between the primary and the claimed disability.  You still need to make all the connections, which I sometimes find to be an absurd standard.  Especially when the secondary is a well known symptom(s) of the primary.  But that is life with the VA.

And speaking of absurd standards here in another one I fail to grasp.  If a person has a condition that is incurable, why must they have an active diagnosis?  By definition, an incurable condition is one that is active for life, except within the wacky world of the VA.

 

 

[OldJoe]

Thanks Hamslice,

Luckily I am a pack-rat, just had to find all of the old documentation.

And I did, the last L.E.S. from May 1995 (got out in June couldn't find that one if I ever even received it), the S.S.B. paperwork with the amount they withheld for taxes, and the letter stating that they had conducted a review of my records and when my first payment would start.

Just have to scan it all and submit it...

[OldJoe]

SgtStelmo, yes, the knees were a secondary claim.  I was using the knees to prep my claim (CUE) for my back.

Just the way everything unfolded.  Everything went sideways in a hurry, when my VSO, at the start of this claim submitted everything before I could get the nexus letter for my knees.

Unfortunately, as I have found out the hard way, you are very much correct in stating that you have to get everything connected.  Also, the fact that even in obvious cases, one clueless C&P Examiner and you get a whole other set of headaches.  But luckily, I got a letter after the fact connecting knees to military (the connection stems from my original claim/C&P examination back in 1996, who would have thunk it).