Updated Timelines

[Indy_CV62_OS]

Not necessarily a question but this is my first post here.  Let's begin with my timeline so far:

2005: Initial Claim
2006: Denied
2007: Reconsideration Denied....I gave up
Aug 2013: Submit new claim
2014: Denied; Filed NOD got SSOC
Feb 2016: DRO Hearing; Phila.
Sep 2017: Granted 60% Combined...Filed NOD
Nov 2017: Filed Form 9

The average time to get an Appeal Certified is about 623 days or about 1 year and 9 months
The average time to get a Hearing from Certification is 519 days or about 1 year and 5 months
The time it takes to reach completion of Legacy Appeal Process is 683 days or about 5 to 6 months after the Hearing

As of this post, the average number of decisions dispatched per week is 1729

I am currently researching Congressional Hearing from April 2015 regarding the Phila. & Oakland RO Whistleblowers.  I do not yet know what kind of Forum this is.  From the forum I used to belong to, you could get your pee pee slapped for even hinting at problems at VA.  I'm very thorough with my research and I hold nothing back.  I'm extremely passionate about the abuses to Veterans and I will always call a spade. a spade.  I am apolitical; I have no horse in that game and I was taught very well by George Carlin since the mid 1970's.  If this will be a problem here, just tell me and I will leave.

Ray

 

 

Edited April 21, 2019 by Indy_CV62_OS

[Indy_CV62_OS]

1 hour ago, Berta said:

If a veteran gets denied in the past, and than subsequently is awarded for the exact same thing-they should consider that the older decision might contain a clear and unmistakable error: (CUE)

This claim in the link shows what I mean:

https://community.hadit.com/topic/73840-3156-va-error-cue-instead-1992-eed/

Others have used 38 CFR 3.156 for better EEDs.

 

 

Hi Berta...

Nice to meet you and I'm hoping to stick around.  I talked to my Lawyer about CUE and he had felt that in 2005, I was missing the Nexus, even though I had a letter from the VA Psychiatrist in Phila. that connected my Panic/Anxiety Disorder to the collapsed lungs I had during Active Duty.  Perhaps I may seek out another Legal opinion.  Actually, I was Disabled coming out with a Medical Review Board that spelled everything out, nice and clean.  In hindsight, I should have followed through with the claim, however, I wanted to get the hell away from all of it.  BTW, I have Radio experience if it's ever needed.

[Indy_CV62_OS]

3 hours ago, vetquest said:

Hello @Indy_CV62_OS, you will find that people here are very honest about the VA.  It is a mess and veterans are not treated fairly all of the time.  That said I hope you can gain some knowledge here in fighting your case.  I have been to the BVA three times but have never gone to the CVA.  Some members have.  Good luck and God bless.

Semper Fi Vetquest...Thank you for that.  It looks like I belong here because of Berta being a Whistleblower and her experience with the VA.  Look...I believe that most of the rank and file VA employees want to do the right thing.  As I've seen in other places: Grant if you can, deny if you must.  It's the leadership and the relocation expenses and bonuses.  We EARNED the benefits.

[Indy_CV62_OS]

@Berta Sent email to Lawyer about CUE.  We may have discussed it in the past but my original claim in 2005 has the same disabilities that I had claimed in 2013 and was granted 50% SC.  I'm also going to look into Writ of Mandamus.  Would have to find an Attorney that would do it on contingency basis.  I will update as soon as I talk with the Lawyer.  Right now, I've sent in new evidence to raise Asthma 10% within the last month.  DRO would have to send a SSOC before Certifying my Appeal.  This will no doubt cost me more wait time but I want my case Rated correctly and I'm willing to wait them out.

I really appreciate the guidance and for allowing me here to interact with all of the other Vets.  Thank you!

[broncovet]

Welcome to hadit.  Yes, Im very familiar with "the other board" where you are not allowed to say ANYTHING negative about VA.  That is why I came here, in part (about 10 years ago).  

Is this lawyer that you have already retained, or is the Cue about a new lawyer you have not yet employed yet?  I will be interested in hearing his response.  

I use CUE very sparingly..pretty much because it "raises the standard of review", and only file CUE when other roads wont work.  For example, if you just file a simple NOD, then you keep the "benefit of the doubt", and that alone, can be a deal maker/ deal breaker.  

I would also be interested in what you are filing a Writ about.  I personally filed a Writ Pro Se.  Except for Alex, few Vets have filed a Writ, at least on this board.  

You said you filed a NOD.  Was this about the effective date, or the disability percentage or both?  The main reason to file a CUE is to secure an earlier effective date.  And, the fact they awarded a benefit you applied for earlier which they denied strongly suggest cue in the earlier decision.  However, if you submitted new and material evidence (38 CFR 3.156 b or 3.156 c), then a cue may not be necessary, that is, if this is in progress.  

 

[Indy_CV62_OS]

5 minutes ago, broncovet said:

Welcome to hadit.  Yes, Im very familiar with "the other board" where you are not allowed to say ANYTHING negative about VA.  That is why I came here, in part (about 10 years ago).  

Is this lawyer that you have already retained, or is the Cue about a new lawyer you have not yet employed yet?  I will be interested in hearing his response.  

I use CUE very sparingly..pretty much because it "raises the standard of review", and only file CUE when other roads wont work.  For example, if you just file a simple NOD, then you keep the "benefit of the doubt", and that alone, can be a deal maker/ deal breaker.  

I would also be interested in what you are filing a Writ about.  I personally filed a Writ Pro Se.  Except for Alex, few Vets have filed a Writ, at least on this board.  

You said you filed a NOD.  Was this about the effective date, or the disability percentage or both?  The main reason to file a CUE is to secure an earlier effective date.  And, the fact they awarded a benefit you applied for earlier which they denied strongly suggest cue in the earlier decision.  However, if you submitted new and material evidence (38 CFR 3.156 b or 3.156 c), then a cue may not be necessary, that is, if this is in progress.  

 

Thanks Bronco.  The Lawyer I already have and I'll speak with him this week.  The NOD was for percentage.  I just looked back at rating decision of 2006 and they denied Panic/Anxiety due to Collapsed Lungs, on Active Duty because "there was no diagnosis for Panic/Anxiety while in Service".  Just because they didn't understand Panic/Anxiety or PTSD in the early 80's should not be my burden.  The Rating Decision also notes some missed appointments which could be a problem but I was a mess at that time.  Family doc had me on 10 mg Valium 4x and 2 mg Xanax every 4 hours.  Just to keep the panic attacks down a bit.

I think that what the lawyer will say is to wait out the Appeal Certification and then get a docket number.  I'm probably jumping all over the place but in a nutshell...my medical records from the Medical Review Board show the Asthma DNEPTE, both collapsed lungs DNEPTE and Chronic Chest Pain DNEPTE.  Just because I didn't claim the disability at Separation does not mean they did not exist.  The Rater in 2006, I feel, dropped the ball.  I had given them clear evidence from a Board Certified VA Psychiatrist that spelled out the disability, the service connection and the Nexus.  Then 2013, I file a new claim with the same disability; panic/anxiety.  They Granted 50% for it.  So how does the Rater in 2006 get away with not Rating it then?

[Berta]

Since you were MEBed out with a disability I cannot imagine why your initial claim was denied???????

You dont need an attorney to file a Mandamus writ but they are 99% of the time , denied.

If you do file one, then lawyers will contact you- but as soon as they hear it is a writ, they wont offer to help.

The US CAVC web site shows what I mean, as to how many writs go no where. There are better ways to address VA errors.

"We may have discussed it in the past but my original claim in 2005 has the same disabilities that I had claimed in 2013 and was granted 50% SC.  "

Can you scan and attach here that decision and their evidence list?

Cover your C file # , name, address, prior to scanning it.

  "I talked to my Lawyer about CUE and he had felt that in 2005, I was missing the Nexus, even though I had a letter from the VA Psychiatrist in Phila. that connected my Panic/Anxiety Disorder to the collapsed lungs I had during Active Duty.  "

Do you have any ratable residuals from the collapsed lung?

Did the VA have a copy of that letter?

What is the breakdown of the 60% you have now?