A Watched Pot Never Boils...

[Indy_CV62_OS]

I'm not sure that PTSD includes obsessive behavior but watching Metrics and va.gov several times a day is not gonna get it anymore.  As best as I can tell, my Appeal will take at least another 14 months or so to reach the Board.  I just hope that others are able to maintain their sanity....The definition of insanity is doing the same thing over and over again and then expecting a different result...it's very difficult to wait them out.  We have to believe that the people at VA are trying to work on the backlog and providing whatever service they can to those of us who have Served.

I have to rest on that.  I'm Praying for DRO Grant but I'm expecting my Appeal to be Certified soon.  I think that when we cross into the next step, this gives us some reassurance and a little peace.  As long as we can fully understand each step and communicate with our Advocate, everything should work out.  It really is about doing the time and waiting out the process.  

[Berta]

If you mean the 646 Certification:

 "   c.  Executing VA Form 646 for Remanded Appeals        VA must provide an appellant’s accredited representative the opportunity to review the appeal and submit VA Form 646 once all remand actions are complete, and prior to certification to BVA.
    
    Important:  The appellant’s accredited representative has 10 days to complete and submit VA Form 646.  Do not complete certification of the appeal until this time has expired.
    
    Note:  VA Form 646 is not required when 
•    new evidence was not submitted and additional actions were not required, or
•    an appeal is remanded by BVA solely for assembly of records, such as X-ray films or outpatient treatment folders. 

Reference:  For more information on review of a remanded appeal by the authorized representative, see M21-1, Part I, 5.G.4.g."
http://www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part1/ch05/M21-1I_5_SecF.doc

These take a lot longer than ten days most of the time and VSOs usually just say they agree with the claimant's contentions.

It is very rare when the BVA actually even mentions a 646 and only because the vet rep supported the veteran's contentions in some detail.

646s are usually prepared by a VSO who has no real knowledge of the claim, but has an office in or near the VARO.

If this is what is delaying the Certification, you might want to put a fire under someones butt- like your VSO...

[kanewnut]

6 hours ago, Berta said:

Kanewnut -Do I understand you get TDIU for the  SC 70% depression

and you get SSDI solely for the depression?

I am not getting TDIU. SSDI was awarded for the mental issues.

 

6 hours ago, Berta said:

And Voc Rehab turned you down solely due to your SC disabilities?

Yes. I only have SC disabilities.

 

6 hours ago, Berta said:

f so- is the VA aware of the  SSDI award ?

They are aware of it. They keep misquoting it and saying I was awarded SSDI for my back and that I can do sedentary work. I was a computer programer in the army and after I left until I couldn't work any more. That is about as sedentary a work as you can find.

 

6 hours ago, Berta said:

Also aware of the VOC Rehab turn down?

 

I keep sending them a copy of the VOC Rehab denial letter and they don't list it in evidence. The DAV has looked and said it is in my records.

 

6 hours ago, Berta said:

Have you ever posted your last denial here?

Yes. I think it is titled "My latest denial".

[Indy_CV62_OS]

2 hours ago, vetquest said:

Do I understand it right that after a call to the Whitehouse your DRO appeal was moved up?  I am on a wait of 10 to 26 months before they do anything.

I think it was right after the Election.  I called the hotline and then got a call from Newark (we were still living in NJ at the time).  Shortly after that, I received a notice for a DRO Hearing for Feb. 2017 at Phila. RO.  Me and Lawyer went to Hearing.  Two months after that, DRO sent me to a Psych for C&P Exam.  That exam nailed it; she had two diagnosis's for PTSD with the Stressors and the Nexus.  Sept. 2017 I received the notice of Grant, 50% SC for Mental and 10% SC for Asthma.  We filed NOD and then Appeal Nov. 2017.

[Berta]

Kanewnut-

sorry I didnt see this sooner- I have limited time here-

I went over the downloads- at the "My last VA denial" thread-

I think the VA is misinterpreting the SSA award. They do list it as evidence.

Do you have anything from the SSA that states it is clearly for the Chronic Adjustment disorder,with mixed emotional features, depressed mood? 

I assume that you filed for a Higher Level Review due to the March 2019 denial...

Has the DAV suggested filing a CUE claim under 38 CFR 4.6 as to the lack of acknowledgement of the VOC Rehab letter?

The Cue would be on the first decision, after they got the VOC Rehab letter.

I would whip out a CUE here in a heartbeat if I were the DAV VSO you have.

I have had success in getting CUEs corrected within the appellate period. I filed one the day after I got a denial, and that claim went from denial to award in 3 weeks.

"§ 4.6 Evaluation of evidence.

The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law."

I have used this and others have as well with success, within the appeal period.

I think something like this happened-and this could happen to anyone---

when you applied for SSDI did you tell them of the depression and the back problems?

When my husband applied for SSDI he listed SC PTSD and NSC stroke.

SSA awarded solely for the NSC stroke. He had applied for higher rating of his PTSD (at 30%) yet they (SSA)not consider it at all. I thought they would and that maybe it would help with his comp increase claim.

I went to the SSA office, after calling them, asking if I could peruse their means of determining their SSDI awards. They allowed me to read over their SSDI Handbook. It was enormous. But I found what I needed ,after about 2 hours, and they allowed me to xerox some stuff from it.

What I found was that they have to consider every disability a claimant lists. They only considered my husband's stroke for the initial award.

I got my husband to file for a Reconsideration-actually I did the paperwork, and we went many long miles away to see a SSA lawyer about it.

He said we didnt have a chance and would not help us.

SSA meantime called my husband and said he could loose his SSDI for the stroke, if they re evaluated him for PTSD. 

I get inspired by negativity!

We filed the recon request, using what I found above from their Handbook, then SSA got all of his VA PTSD stuff, and they called him up a few months later ,and said he had won the reconsideration. After he died that SSDI PTSD award supported a posthumous 100% PTSD P& T rating.Also he had a Voc Rehab statement as well, but due to the stroke.(which I proved was an "as if" SC under Sec 1151, 38 USC.)

As soon as the formal new SSDI letter came in the mail,I called up the lawyer who would not help us, and told him he just lost over 4 thousand bucks. ( 1/4 of the PTSD retro from SSA) .H seemed shocked and we had a long talk and he said he would never disregard a PTSD SSA case again.

This might have happened to you- whereby you listed your disabilities but SSDI only awarded on the back problems.

Or, knowing how illiterate the VA is, they might have never even read the actual SSDI info they requested from SSA.

I suggest you copy my reply and email it to your DAV rep-he should really consider a CUE and I can write it for him here ,if needed. CUEs can be filed on denial, awards, and ASAP, WITHIN the appeal period as well as after that year has passed.

 

 

 

 

[kanewnut]

7 hours ago, Berta said:

Do you have anything from the SSA that states it is clearly for the Chronic Adjustment disorder,with mixed emotional features, depressed mood?

I have attached the page from the SSDI decision that should answer this.

 

7 hours ago, Berta said:

I assume that you filed for a Higher Level Review due to the March 2019 denial...

The HLR was quickly denied.

 

7 hours ago, Berta said:

Has the DAV suggested filing a CUE

No. They suggested going to the BVA. I am working with the Roanoke, Va DAV and they are useless as tits on a boar hog.

Below is the DAV's response-

Good Morning,

At this point the only thing that I can tell you is to appeal to the VA. In my last email to you I said they should have pulled the Voc Rehab records. For whatever reason they did not do it. I cannot say why they didn't but they didn't.

The new evidence they are saying you submitted is not new it was the work guidelines form that the VA already had. So I also do not know why they said you submitted new evidence. 

Again I would recommend appealing to the Board and let a judge take a look at everything in make a decision.

Thank you,

 | National Service Officer

 

7 hours ago, Berta said:

The Cue would be on the first decision, after they got the VOC Rehab letter.

They are not showing the VOC Rehab letter in evidence. It is like they are totally ignoring it.

I have attached the March decision and the HLR decision from May.

I sent in another Supplemental Claim with the VOC Rehab letter attached. I put in an inquiry with IRIS about why the VA is not seeing my VOC Rehab letter. Below is there first response-

A review of our electronic records indicates that a decision was made on your Higher-Level Review claim for unemployability and a notification letter was sent May 9, 2019. You were advised if you do not agree with the decision made you have one year from the date of that letter to select a review option in order to protect your initial filing date your claim. Please see the notification letter that was sent to you and if you have any further questions please let us know. 

If this does not cover the scope of your request, please respond to this message and clarify what it is you are requesting. You may also contact us at the toll-free number listed below.

I replied that this did not answer my question. There next response-

At this time, we are unable to respond to your specific question based on the information available to us. We have forwarded a request for information to your regional office. They will research this issue further and respond to you directly regarding their findings.

We apologize we are unable to provide you with an immediate answer to your question, and appreciate your patience as we research this matter.

This was 3 June and I am still waiting. If denied again it will be CUE time.

2019-06-13 SSDI Rating Decision Redacted for Hadit.pdf 2019-03-06 VA Decision Redacted for Hadit.pdf 2019-05-09 VA Decision Redacted for Hadit.pdf

[vetquest]

It looks like your 05-09-19 decision is a cut and paste of your 03-06-19 decision.  So much for higher level of review.  Can you get an IMO?  I would try to get an IMO of your current mental state and then appeal to the BVA.  They are saying you can work sedentary work but your SSDI says you cannot continue your job that is sedentary.  An IMO would clarify this.