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Still Poed At The System

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kkp

Question

thanks to te replies to My frustrations last evening.

I took the advice of Jargrin concerning an So. Our So retired about a year ago. Since then we have had two,one lastd three weeks the other two days. Thats why I was dealing through IRIS and calling the ro Myself.Today I got the number of the Hunington So's office. Thats the one that sends a rep. with you when you have a hearing. Boy there a difference. As soon as I gave Him My claim number He knew everything there was to know.

To start with He said I was wasting My time filing for IU only being 50%. I also have an appeal for ptsd that is in DC. I also have an nod on My rt knee.

While we were on the phone He called someone at the Ro and they told Him my claim was sent to the rating board yesterday. and my ptsd appeal was in DC. As we talked more, He said wait a moment, only new claims go to the rating board., are You sure the IU claim is the only new claim you have. I assured him it was and then he check the computer and confirmed it.

He said the only thing he could figure was they were going to rate the IU and grant Me the 100% and try to make the rest of it go away. I sure hope he's right. I told him about the bi-lateral hearing loss, menier's desease, and vertigo claim I had ready to send and wondered if it would clog things up. He gave me the same advice you guys have been giving Me ( send it in ). I took it to the so's office and the secretary faxed all 32 pages to him so he could personally deliver it,

How long does the rating board usually take. and yes John 999 They may win in the end but they'll know they've been in a good fight.

kkp

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Guest jangrin

KKP,

I'm really glad you called the SO. I think you need to just keep a positive attitude and a smile on your face when dealing with the SOs as I think they get alot of CR*p and their job at times can be very thankless. It sounds like you got some good information from him. Keep in contact I think about every three to four weeks is not too often.

Just having the SO check on the file, I believe keeps the file moving. I am sure there have been times when my husbands file was suppose to have something done and someone dropped the ball. The SO will see that it didn't get done and now because the SO is checking on it again it is brought to the attention of the VARO that things need to be done. Hopefully this keeps the file moving.

The rating board can take time, or so we've been told. My husband file has been at two different rating boards. One for 2 months, or so the 800# PEOPLE SAID????? The second time we were told by the SO that it would go to the rating board. He said it has been there about 5 to 6 weeks now. Tomorrow we go see the SO for our 3 week appointment, well know more tomorrow.

He originally told us it would only take a couple more months once it was at the rating board. We'll see, my husband had many many issues on this original claim.

Good Luck to you

Jangrin

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KKP,

I am glad that your experience with this SO is better. Though I dont know about wasting your time filing for IU with only 50%. Its really situational dependent. I am a bit confused though. You said you only had that claim going, and then you mentioned Meniere's syndrome etc. So, perhaps you had filed all of them together and are thinking that its one claim, but in fact it's several different claims. Or, I could have just misunderstood.

In any case, I wish you well and hope that you get what you deserve.

Bob Smith

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Sixthcents, Jargrin and others

Taking The advice of the HADIT team and goimg directly to an SO was eally a treat.

Sixthcents I will try to explain whats going on with My claim. To start with our rep for this area retired about a year ago. It was six months befor his position was filled, but after three months he transfered to another city. It was while He was there that I filed for IU. He also told Me I was wasting my time, and perhaps I am, but he did file it for me.

I have had bad representation from the start, For example My original rep, filed My claim and I was awarded 30% ptsd without a c&p. I sent in undisputable proof of the stressor whit My original claim. I took less than two months to for My award.

After not hearing from My rep for a month I took My award letter and paid him a visit. He was really surprised and didn't know of the award, however when He pulled My file, it was right on top. He said we shouled file an appeal for 50% ritght away. I had been advised by my shrink and the two counslers I was seeing at the time to go for p&t. He got affended and told me they had their job and He had his, so He waisted all the medical opinions from my shrink and counslers, who by the way recomended p&t in writing, all their progress reports that backed up their opinions, including the - 50 gafs on all of them, and filed an appeal for 50%.

He called Me about a month later and ask if I would stop in. I did and he told Me he thought we should ammend my appeal to 70%. I asked him why he didn't do it to start with, but just ignored My question. He sent in the amended claim and sent it in. Within a month I had an appointment for a c&p exam. About a month later I got a letter denying the 70%, and a week after that another letter granting the fifty percent we Had requested first, based on the c&p exam. Again everyone that was treating Me at the time said the board certified shrink that gave me the c&p supported p&t. I appealed this decision to a dro at huntington ro and was denied. We then applealed it to DC. That was two years ago this feb.

I filed a claim on my right Knee about seven months ago. and was denied we filed an nod with strong imos, and that is where that claim is at pesent.

After reading the debate that has been going on here on HADIT I decided to file a claim for IU four months ago to at least establish a starting date. I have had to fight everyone at every stage to get it filed but finally succeeded. each time I talk to anyone in huntington ro they tell Me the IU claim has to be decided before the nod and the ptsd can be considered.

Now about the tinnitus, vertigo, and bi-lateral hearing loss, I have had it prepared for a couple of months but have been sitting on it,in fear of clogging up My file.

After taking advice from you Guys on hadit I finally called a SO who represents us from this area when we go for hearings. He also said I had just wasted my time filing the IU. But when checked on my file He found it had been sent to the rating board the day befor yesterday. He also said only new cases are sent to the rating board so it must be the IU claim.

His theory is they would proably grant 100% IU hoping I would go away before having an appealate court see what a mess they have created with My case. I don't know about all that but I hope he's right. He also advised me to file the other claim on My hearing, which I did yesterday, so it couldn't posable the new case He was refering to.

Just for the record if I should be granted 100% I'm not going anywhere. They started this war .I didn't, But then again the SO advised Me if he is right I should take it and go away and not open up another can of worms.

Thanks for listing kkp

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You did the right thing- you preserved your earliest effective date for the TDIU claim.

Obviously based on what you said here- this should be a P & T award too as apparently your medical evidence warrants that.

I dont get these SOs- I might have told this before-

I was at my POA office one day talking to the rep about a vet they held POA on who I was helping to get evidence-

While we were talking a nother rep came into the office and said he couldnt find a TDIU form-

the rep I was with went through a bunch of file folders in a big cabinet looking for one-

then he asked me what the VA form number was -maybe they filed it under that-so I told him- 21-8940 and they found a TDIU app-

Heck I whip these out all the time-the disk I use the most for claims has this on it and is in my floppy drive usually everyday-

It was obvious to me that the TDIU form is not something they give out often and I know they should.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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  • HadIt.com Elder

KKP:

Good luck on your claim. You can call 800 827 1000 and ask how oong it is taking. Unfortunately waiting is part of this game and it pretty much goes according to the way the VA wants it.

Veterans deserve real choice for their health care.

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