Should we seek legal representation?

[Shawnkatt1]

In February,  2017, my husband had a video conference with a Decision Review Officer out of Huntington,  West Virginia regarding his appeal. 

He's seeking to overturn a Raynaud's denial,  and increase his Fibro rating.

We have a Nexus letter supporting both,  and his C&P clearly states the Raynauds is related to the  fibro, and "was more likely than not,  related to his service in the Gulf War."

He was "represented" by his appointed VA rep,  who is the only choice for our area.  The rep showed up with an empty file folder with my husband's name on it.  I'm a paralegal by trade,  so I had two,  5-inch binders of records that were tabbed and indexed - needless to say,  we felt poorly represented,  but fortunately we were prepared.

The DRO that was to hear the case was out sick.   The hearing was 2 hours late in starting. 

At one point during the hearing, the officer asked my husband "what it would take as far as compensation to make him happy"... naturally he was caught off guard and said he wasn't prepared to put a $$ sign on his disability. 

Is that type of question normally asked during hearings?  

She also indicated she might "require" him to do another C&P exam.  I inquired as to why he would need another C&P, and she really didn't have a solid answer. 

Can they require another C&P? Especially if a prior C&P supported his claim? 

The hearing was bizarre in my opinion - so I wanted to get the transcripts (written,  and the recording).  We sent the proper FOIA forms in,  return receipt of course,  and they were received by the VA in May of 2017. A copy of our request is showing in my husband's file,  but we've received nothing. 

Does anyone have experience with requesting transcripts? Should we have received them by now (6months since requested)?

We've obviously heard nothing about my husbands appeal,  and the only thing the rep has told us is "the Huntington office has put aside all regular disability claims and appeals to focus their attention on those vets that have elected to use RAMP."

We have elected to not use RAMP.

We're considering an attorney at this point,  but I'm not sure what,  if anything,  they could do considering where we are in the process. 

Any suggestions,  and guidance would be greatly appreciated! 

 

[Victor Ray]

17 minutes ago, Buck52 said:

it looks like it can be a CUE   b/c the DRO IGNORED THE C&P..report

This is crucial evidence they Ignored...

As for as the DRO Mention another C&P  why would do do that? if they had copy of the last C&P Exam that was favorable to his claim?

but most all DRO will ask if your agreeable for another C&P Exam but usually not when the veteran has already had one and is used for evidence  for a decision on his claim.....> hopefully this C&P EXAMINER WAS QUALIFIED. 

Ingnoring this evidence should be grounds for CUE because it can change the outcome of the decision.

Quote from Shawnkatt 1

''He's seeking to overturn a Raynaud's denial,  and increase his Fibro rating.''

We have a Nexus letter supporting both,  and his C&P clearly states the Raynauds is related to the  fibro, and "was more likely than not,  related to his service in the Gulf War."

This should be decided at the Regional Office Level  and no need to head to the BVA..Chances are they would just remand it back to the R.O. and say here fix this you dummy's

Buck, 

I cannot fight liars anymore. From the BVA down they are corrupt, perverting and twisting the facts in favor of the government’s interest. They do not say that I tried to get my records before discharge, but was lied to by them. They do not mention that I tried to get the medical records again in my 1983 claim, but the BVA did admit “the VA used my medical treatment records in the 1983 decision. I didn’t get a copy, but they did.

Instead, they say I waited 40+ years to apply for disability, Forty something years after discharge. Total bull and lies. They intentionally hid my medical records since 1971 to purposely keep my conditions out of public scrutinizing, and deny me any benefits. 

Every step so far has been totally manipulated by the VA, and they are controlling everything. They own the lawyers, claims agents, and VSOs in my opinion. Not actually own, but they strike deals to sell out the Vet for pennies on the dollars. Mr Foster was very unhappy with his representation and settlement, and we know who sold him out. I don’t trust a single person in the VA, from the bottom to the top. 

They have lied and deceived to the end of MY life and I don’t give a damn what anyone says, ITS A TOTALLY CORRUPT ORGANIZATION, and St. Louis, where the records are kept, can verify it. 

The NPRC told me that the VA took my records and have not returned them. They have no intention, and there is no chance in hell of anyone going in and physically retrieving them, so it’s a rigged VA tragedy. They are responsible for thousands of suicides and pretend to care so much. Total bull. They make you sorry you are a veteran after 47 years of lies, bullsh*t runaround, hiding evidence, manipulation of evidence, and crooked BVA. 

They can all kiss my as*, the scumbags. Record requests are a joke, and if they want you dead, they just lie about your records, your injury, disease, or illness, and put the burden all on the veteran. Benefit of doubt in a “tie” is a total lie. They do what they want, and if it involves much money, they drag it out in court until you are dead. No one here can dispute any of this, so no need to reply. I just want the truth out about the scumbags controlling us. I am truly sorry I ever served. Veterans Day means sh*t.

victor ray

[Buck52]

Victor Ray

I totally understand your frustration and I am so sorry this is happening to you.

I know you have fraught with them for years on all this.

I had one more Ideal, don't know if it will work or not? but you might try this as a last effort.

Write to the VA Secretary Office Address your letter to the VA Secretary himself 

The Honorable Robert Wilkie@va.gov

Write out something close to this, be very cordial /nice.

ok now sit down and write out your questions in short form and have the CFR 38 Regs  ready  (look them up  before hand)

Write them down and in your letter put these Regs in appropriate  places they need to be in..the Regulations that are in your favor and how the VA IS HOLDING YOUR RECORDS AND WILL NOT SEND THEM TO YOU TO PROCESS YOUR CLAIMS

....This will take some time but at least it will shed some light on your delima about them holding your records so you can't process your claims and get your benefits..

If the VA Secretary office knows about all of this  some one will definitely call or email you back  Probably the VA UNDERSECRETARY

Or you can call but  email seems to work better , just try to keep it short as you possible can but get to the point.

Let them know your a Vietnam Combat Veteran , send in your DD 214  a copy of it.

I have Issues from Agent Orange as well as being injured while in combat (name the operation) ect,,ect,,,

I have filed for my injuries and sickness but was denied for lack of records each and every time my NOD's are like 45 years out. DEINED each time...because of no records I can't prove my claims.

The letter /or something close to this  you may use better grammar  ect,,ect,, spelling ect,,ect,,  more formal than I'd do.

  Dear Sir ,OR TO WHOM THIS MAY CONCERN, First I'd like to thank you for your valuable time and helping me in this matter.

below I will explain my issues with the Dept of Veterans Affairs

The Dept of Veterans Affairs  has been holding ALL my records and will not send them to me for me to process my claims.

I been trying for years to get them to send me my Records from my Vietnam service, I have request them  in the proper way with FOIA signed forms and I have pleated with the VA Authorities on this Issue for years and years and I need your Help with this matter , the VA has denied my service records as well as all my medical records..since 1971.

Please help me I am 72 YEARS OLD and I'd like to get this all straighten out before I pass on  so my family can heed the help of my benefits I have been Ignore since 1971...

I served my county proudly in the UNITED STATES ARMY and recieve my Honorable Discharge.

I Have requested all of this in the proper way and proper channels and if the VA Secretary or someone in Authority from your office Cant help me,

Unfortunately my only alternative is to sit down and Write President Trump Personally.

I have his Address and let him know how the  Dept of Veterans Affairs has Ignore all my Request over the years,

Please help me if you possible can

Oh behalf of my family

My Sincere Thanks

****** ***

Be sure to request a Confirmation that they got your email or snail mail..email is faster of course.

Try this victor..it can't hurt anything and it may very well wake some one up..if you get no response then email President Trump.

 

[Victor Ray]

Thanks Buck.

Thats great advice, but i’m Afraid it’s too late. I am looking for legal representation now and have filed the Notice of Appeal against Wilkie. I don’t think he is a friend to Veterans, but I don’t really care anymore. It will go where it will go, and that is where they direct it to go. They are liars and thieves, forcing thousands to die annually, one way or another. They are Antiffa, they are everything we don’t want in this country, they are the LAw manipulators, they are the rigged elections, they are the swamp. It’s hard to respect liars and thieves who Deceived you and your family all of our lives. 

I-need a lawyer, one like Paula Padeen had and I am looking now, and can only pray for one honest one out of thousands. It will be tougher than a needle in a haystack search. The VA has lived up to their reputation again, proving life and honor is so meaningless to them. It’s a joke they pulled on us. I am going to get my sh!t together and go to the media, like I have threatened, while I am alive. Maybe we can expose The VA scum in St. Louis, and Washington  will take some action, any action against them. 

This is 100% wrong and has been for half a century. It is a story!

thanks again.

victor ray

[vetquest]

Good Luck Victor Ray.

[Victor Ray]

Vetquest, Buck, Berta, Asknod, everyone else!

Thank you and everybody for all the help and advice. It was all good, but when you are up against the establishment that is full of corruption, well, you know. They will never admit I had a stroke at 19 while on duty, that Migraines developed encephalitis I contracted in Vietnam and they would lie about every record on record, and what ever takes to avoid paying what was rightfully due.

I have no respect for Army Regulations, U.S.C., or the BVA. They are all as corrupt as you can get and are a stepping stone to the court, where you only hope and pray there is justice. I have no faith in any of it now. I have seen too much, and figured it out. Dead men don’t complain.

thanks, Victor

[FormerMember]

Something I can say from doing this for 30 years is VA employees, for the most part, are compassionate. However, the older they get, the more power they accrue. With that comes cynicism. I've encountered a few bad apples in Jackson Mississippi and Seattle. By the same token, I've got a lifelong DRO friend in Fort Harrison who will move heaven and earth for my Vets. Ditto for San Diego. Most are handcuffed by the M 21. The Ft. Harrison gal tried to award my client both a 1/2 and a full step bump up from L to M 1/2 but the M 21 forbids it and would not let her promulgate it that way. She said I got one or the other but not both. Oddly, she said, it didn't say why but wouldn't allow it. This is what you are up against. Granted, some of these folks' IQs are room temperature but that doesn't mean they are inherently evil. 

The problem was with former Comp. and Pen. Director Tom Murphy gerrymandering the M 21 into denying what we should be granted. He got spanked for cheating and was demoted to the St. Louis RO as director. I feel sorry for you folks in Missouri now. 

I just did an appeal for a Vietnam Vet who lost the use of his lower extremities due to Prostate cancer metastasizing into his leg bones. I tried the new Jensen defense relying on §3.809(c). (see CAVC # 15-4788). The DRO said "No dice. We don't recognize Jensen as precedent". I got an AOD on the docket to the BVA and a few months later, the BVA judge grants LOU and cites...wait for it.... Jensen and §3.809(c). Don't be disparaged by this. You are dealing with a computer, not vindictive VA pukes for the most part. If you are right, you will prevail. If you have really good legal help, you'll win sooner. Face it. There are about 1000 of us who do just VA claims for a living. Check out the NOVA site for a list and start calling them. By law, we cannot solicit you. 

Always remember. DROs will only bargain with you verbally which is why the DRO in WV asked Shawnkatt1 "what it would take" to buy him out. They will only bargain on the phone or verbally as it's not permitted by law. I do it frequently but never on an email. As for Victor Ray, if you get a VA attorney who has access to VBMS, s/he can see everything. Nothing is hidden. If the Army doesn't send it to the NPRC in St. Louis, that is not VA's fault. If the VARO shreds the records, that's another thing entirely. I've only caught VA on that once (spoliation of the c-file). They paid dearly.  Omnia praesumuntur contra spoliatorem 

You win with evidence and facts. Don't waste your time trying to prove the Army or VA did something wrong. I liken it to what my policeman friend says. "When I respond to a bank robbery, I shoot the money first. Then I worry about the other guys. We never let the money leave the crime scene. " You want to win your claim. After you do that, you have the rest of your life to go after them for equitable relief. 

I have to be frank with you folks. The law is on your side. You will always win if you do it in the right order. You need three things. I file with no evidence whatsoever. They will deny me anyway. I  buy an IMO. It's $2 K. I file the NOD with the IMO. I let them show their cards with the denial and I instantly know what they want to approve it. DBQs are for chumps. Never hand one to a private doc and ask him to fill it out. Have him write it on his stationary. I used to put Tickle Me, Elmo stickers in the upper right hand on my filings to the VA back in the 90s and 2000s. Yep. They're still in my e-file in color! I used to have 100 + 40+10. I experimented with a few claims to test out the theory. I'm now 100+100+60+40+30+10+0+0. I could legitimately file for my back and get another 60+20 bilaterally for radiculopathy but it won't get me more money. So now I do claims for you guys. 

This is a recipe-just like baking cookies. Don't try to re-invent how to make flour or sugar. 

Happy Veterans Day to all of you and thank you all for being so kind as to serve your country.