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! 

 

[vetquest]

Thanks ASKNOD.

[Victor Ray]

Asknod.

You have great abilities and I wish I had some of them myself, but I am too brain damaged to know what to do. I have been lied to by the BVA down, and if a BVA judge is a liar, who do you trust. I would like to get in Wilkes face and demand truthful answers, but he’s more likely than not, a liar as well. There may be good employees in the VA, but they have “0” authority, and no ability to answer to the veteran anything other than what the government (VA) tells them to.

I have talked to those over the VBMS and they have assured me I have all the records that exist. They are total deceivers. I have also talked to those within the NPRC, who tell me that the VA took the records I have tried to get for that period and have not returned them. The VA denied they ever had them, then admitted they did, but returned them to the NPRC, then sent me two letters saying “We are withholding all information that if released would fall under the Deliberative Process Privilege “. They then sent me a letter after I said why would you withhold records when the whole world knows about Agent Orange now”? They replied, “It was a mistake when they said they were withholding my records”. Again, complete bull. 

The BVA admitted that in my 1983 claim, that the VA used my service treatment records in determining their decision, along with a dermatologist exam. “THE VA USED MY SERVICE TREATMENT RECORDS “. They have always maintained they were lost in 1971 intransit from Vietnam when I requested them in 1972 to use as evidence in disabilities to claim. I was too young to understand that the Army lies and what ever it takes to protect the government. I did have the DA3349 issued in Vietnam for permanent defects in my “ physical capacity and stamina “, but the dirty VA twisted it around saying the 708.9 “Urticaria Unspecified “ had nothing to do with my “Atopic Dermatitis “. On May 26, 1971 at the 24th Evacuation Hospital, Long Binh RVN, the doctors misdiagnosed me with AD, which never existed before Vietnam. 

The AD has been in their plain view, in their records, since 1971, and they awarded it on August 9, of this year. They lied about it not being in my records. They said I never complained in the service, but I was hospitalized repeatedly, once for 28 days straight. Another time for Upper Respiratory Infection due to “ Undetermined Organisms” in my lungs and blood(systemic). I developed an enlarged painful sensitive prostate at 19 years old, unexplained fevers, urinating blood, the lowest BP they had ever seen, believing their 3 sets of equipment was faulty. I could go on with the stroke from encephalitis, the Group A Streptococcus with Pharyngitis causing heart disease, or the AO or P. Malariae(?) causing complete artery occlusion, and coma, but the Army then the VA have all hidden the evidence. So they stacked the cards and shifted all burden of proof on to me. They are disgraceful and shameless, beyond reason.

The VA destroyed my family members lives as well, denying them a young life of benefits which being my dependents, were legally entitled to. The VA is dirty, and have manipulated the law and the evidence to fit their agenda for over Forty Seven years, knowing the truth, but lying every day they let it go. I was 100% disabled at discharge and they knew it. PTSD is probably due to malaria in most all Vietnam Vets and they are hiding the nexus from all of us. I am completely disgusted with this racket of a game they use to screw us. They are dirty, most all of them.

you may believe they are mostly passionate, but only in cherrypicking proper medical terms, and using terms like “Unspecified and Undetermined” is right up their alley. That gets them out of saying “Dioxin poisoning or Malaria or Tropical Disease”. 

A DRO in St. Louis named x lied to me to get me to drop the face to face meeting, promising an honest review and saving 9 or 10 months waiting time. Both never happened and she lied her A*s off. None of them are honest. My case went all over the place under the pretense of the NWQ or what ever, but it was really for different attorneys to review to see what they could keep screwing me out of. That whole farce is a joke and phony makeup backlog. It’s who you know and that’s it. There is no backlog when DAV can in less than one week, get a claim expedited and 12 years in retro pay benefits complete, done, finished. Look up Steven or Stephen Kelly, handled by Mr. Edwards in St. Louis in 2012. 

It’s a game they play with lives and I don’t have enough life left for them to screw over much longer, and that’s exactly what they want. They want you to kill yourself or have a speedy illness to get the books closed on you and your dependents. They are dirty. Dirty supervisors over dirty employees that pervert the law and manipulate the evidence. Yes, St. Louis is probably the biggest perverts of them all, besides the BVA itself. I’m going to the media and explain just how they can ruin you by sneaky disgusting tactics like LIES AND DECEITFUL DESTRUCTION OF EVIDENCE.

IT MAKES ME SICK how they can just do anything they please and never answer for their deceit to anyone. It’s because the whole thing is corrupt. Everyone at the VA is corrupt, protecting each other’s back, and if you are honest, you are out, done, and life is made miserable until they quit. 

I don’t have time to file for different crap, and won’t be here to help my kids with the VA claims, just like the snakes planned. They will be screwed over like they have been all their lives already. I should have been medically discharged period, but the corruption is rampant in the dirty VA. 

I don’t know what to do right now, but Wilkie will hear from me. Thanks A.

victor ray

[Carl the Engineer]

For the original poster,

It sounds like a gunfight at the OK corral, except, your rep showed up without bullets, and the DRO came without a gun.  If either one of you had come prepared, it would have been a slaughter.

When the DRO shot out an offer, a good (great) Attorney would have took him to the cleaners.  We had representation at my wifes SSDI pre-hearing and they struck a deal.  A deal that is nowhere in any SSDI reg or rule book.  So, they (the gubermint) can make deals.  I think the DRO was looking for your case to go away and shot out an offer from the hip.  And it sounds like your rep was unprepared for all the possibilities of that meeting.  We took our deal with the SSDI Judge (staff) because it was the best outcome our rep stated would could happen.  We trusted her and it worked out.  You need to find someone you can trust.

Victor Ray,

I feel for you, and I truly believe you and your claims, but you really need to find someone to help you navigate your issues with the VA and your claims.  I think you have legit issues with the VA and the military with your records etc., and you seem to come on here about once a month with similar issues that never get resolved to your satisfaction and I know you're trying really hard to make sense of it all.  

Time to bite the bullet and reach out for legal help,

Hamslice

 

[63Charlie]

I hired an attorney.

He said the doctor that writes the IMEs/DBQs was an Army doctor, and a former VA doctor.

VA has developed to deny my claims with BS C&P exams. It has become a routine.

I file a claim.

I get a BS C&P exam.

I file a NOD and wait for some DRO to rubber stamp a denial and get in line behind the others before me.

I hope the BVA is a better experience.

Time will tell.

But I will not go to the BVA gunfight without a gunslinger.

They would eat me alive.

 

 

[vetquest]

63Charlie, I have had luck at the BVA the three times I have been there.  Good luck.

[Shawnkatt1]

On 11/9/2018 at 11:57 AM, Shawnkatt1 said:

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! 

 

Thank you to everyone who has responded to my original post. 

I thought I'd take a minute to clarify a few things,  and ask for further info. 

My husband is the veteran, and I am a retired paralegal with no military background.  This entire journey has been a real learning experience for me,  and I'm sure that will continue.  I'm so grateful this site has a "terminology" and "acronyms" directory! 

My husband is currently 40% disabled (10% Fibro,  10% Tinnitus,  20% Hearing Loss),  so the government is deducting the full amount of his VA disability payment from his monthly military retirement dollar-for-dollar at this point. 

The physician who wrote his Nexus letter is his family physician that has followed him for years. 

The C&P that supports my husband's open claim for Raynauds was performed in May of 2016 - BEFORE the initial denial of the Raynauds which was decided in November of 2016.

So,  they had the C&P that they requested,  and that was performed by the doctor of their choosing, 

It reads " it is thus at least as likely as not,  that the veteran's diagnosis of Fibromylgia which would explain his widespread joint pain,  chronic joint pain,  and muscle pain.  Raynaud's disease would have a nexus with his exposure that occurred while he was in Southeast Asia."

He was subsequently denied an increase to his Fibro rating (currently 10%), and denied altogether on the Raynauds claim.

His rep has no idea what his C&P stated, and the DRO that was filling in had not ever seen my husband's file prior to the video conference hearing - by her own admission. 

She stated she was filling in for the officer who was out ill, and she would have to familiarize herself  with his case,  and therefore wouldn't render a decision that day.  

We stared the video conference 2 hours late because Huntington thought we were going to come there rather than appear by video,  even though the VA scheduling letter clearly states we were appearing by video conference from a closer VA hospital, not in person at a location 4 hours away. 

The conference room was not set aside for us,  and our hearing was interrupted by another group that was scheduled to use that conference room. 

It was a sh$t show to say the least. 

I have requested my husband's C-file 2x - and have received nothing. 

I have requested audio and written hearing transcripts - nothing (almost 7 months ago since the first request).

I've tried to find out the name of the DRO that did the hearing - nobody will reveal her info and our rep says he can't find out. I have no idea as to her name or qualifications. 

We have contacted an attorney, and they agreed to take his case.  I have the contract,  but we haven't signed it yet. 

My questions is:  Can I run the attorney name by you all for feedback (not sure if that's permissible on this site)?