How To Respond to Ongoing Dishonesty Regarding VA Appeals

[ReallyAngry]

I'm so tired of fighting them. They know it. They lie. I'm sick of it. Here's my situation:

I filed a claim several years ago now, and the VA closed it. They never notified me. They claimed they did and that I missed the window of appeal, but I contacted my senator and, guess what--the VA conceded that it had closed my claim without notifying me. They reopen the claim. I wait. They send me to an examiner. I wait. They grant me a rating and service connection for radiculopathy both legs, 10% each, but they give me a connection date of when they reopened the claim, not when I filed originally. The VA, in response to FOIA requests from a few years prior,, also then sends me my C file within a couple weeks of their decision. I look at the examiner's findings on radiculopathy and see that I should've been rated at least 40% on both legs. I file an appeal for both the service-connection date of original claim and proper amount, but I first write them a letter about it, since they claim I don't need to file an appeal to get it fixed. I give them time to respond. They do not. I file an official appeal/NOD to ensure that my right to appeal is protected in spite of what they told me over the phone. A few months ago I got their decision. They said that my letter did not rise to the level of an appeal, totally ignoring the appeal I filed within my right to appeal window. Strangely, in VA.gov, it shows that I am rated 10% bilaterally for radiculopathy in both legs, and 40% bilaterally for the same. ???

Now then, I've been engaged in battles with the VA for 25 years. During my first VA exam the doctor touched me in an inappropriate manner, and when I did not respond positively, he kept certain things from the VA, reporting to the VA that I suffered a buttock contusion, rather than the sacrum contusion that was in the medical record, told them I was on no pain meds, when I was, and when the radiologist said that I might have a fracture or a congenital bone defect, he reported it to the VA as a congenital bone defect. That was 25 years ago. Now, I'm tired. To make it worse, my father who is 85 almost died last December, and I've spent the past six months trying to put affairs in order and prepare for the worst. When I received the decision from the VA showing that it didn't matter that I had filed an official appeal, that they chose to use the letter instead, I gave up. I just did not want to fight anymore. I simply did not respond. 

I go into VA.gov today, and guess what I see, "You withdrew your appeal." I did? I withdrew my appeal? Funny how things happen. 

So, what do I do? I'm already 100% combined. I don't want to just give up because my kids need college benefits, and the VA wants to keep me on TDIU so that they might reduce me later because of depression. But what is the point of fighting when the VA will ignore the truth and spin things to their own advantage? Similarly, in 2010, their examiner opined that my SI joint dysfunction was at least as likely as not related to my S/C condition, but they also asked her if they were one injury or two separate ones, and she said two. She said it was a totally separate injury so they denied it, even though she was clearly attempting to say it was S/C in her opinion. And that is one of the issues on remand from BVA. 

Could someone with some insight point me in a direction? I can't afford attorneys and nobody will help me because I'm already at 100%. The service organizations aren't helping me at all. 

Edited July 9, 2019 by ReallyAngry

[GBArmy]

Sounds like you have really had it bad dealing with the VA; most of us have, but perhaps not as repeatedly as you. But that said, I really don't understand "I can't afford attorneys". You don't pay them out of pocket; they get paid (20-25% usually) out of the award. When you have a convoluted case to appeal like yours, I usually say to the veteran I am trying to help " I have a cookie jar. What would you like, 3/4 of the cookies in the jar, or an empty cookie jar? It isn't your money until you win, no matter if you are right or not.  I don't know if you have a case for a cue, or not (that's out of my pay grade), but there is EER, possible smc's, etc.Get a good attorney, and win.

[ReallyAngry]

Please forgive me for not explaining. Attorneys gets nothing if you're already 100% and there's no retro to pay them with, so either you pay them or they ask you to politely move along. I can say this because I've already been turned down by several attorneys for this very reason.

Edited July 9, 2019 by ReallyAngry

[kanewnut]

1 hour ago, ReallyAngry said:

I contacted my senator and, guess what--

Maybe it's time to contact your senator again. I have a nightmare fight with the VA and it just continues. They want you to give up. Don't do it. Keep up the fight. You can do it.

[GBArmy]

If you are sure they don't get a piece if your already at 100%, then I stand corrected. If that is the case, it's just another example of VA Compensation being screwed up. So if a attorney helped you get a boatload on an appeal for an earlier effective date, or they helped you get a cue from 10 years ago with a bunch of Benjamins, because you are already 100%,  they couldn't get compensated?That doesn't make any sense. For your sake, I hope you are mistaken my friend.

[ReallyAngry]

Thank you, kanewnut. (you, too, GBArmy) I find your responses at least encouraging. I hate to keep bothering the senator, as there have been several times he's helped me already. I just don't understand why an organization that is supposed to stand for doing what is right encourages and defends those who lie and cause harm to the veteran. 

I've had them attempt to provoke me in the hopes that I would lose it, say or do something out of line, and get locked up. There are sick people in some places who seem to get kicks out of hurting others. Then a veteran kills himself and everyone acts nice for a while, until the public looks away again.

Edited July 9, 2019 by ReallyAngry

[ReallyAngry]

8 minutes ago, GBArmy said:

If you are sure they don't get a piece if your already at 100%, then I stand corrected. If that is the case, it's just another example of VA Compensation being screwed up. So if a attorney helped you get a boatload on an appeal for an earlier effective date, or they helped you get a cue from 10 years ago with a bunch of Benjamins, because you are already 100%,  they couldn't get compensated?That doesn't make any sense. For your sake, I hope you are mistaken my friend.

Sorry, not what I meant. I've been 100% TDIU since 2009, I think. It was a while ago. I put in the claim that got the radiculopathy a few years after that. As for the CUE or what have you at the first exam, because of all of the other things going on currently (I've got several issues on remand from BVA right now), they wanted no part of me... A lot of work involved for little or no return on the appeals currently in play. Now, if someone was willing to fight for me going back to exit from service, that would be different. There's a huge potential for retro there, IF it rises to the level of a CUE.

 

Edited July 9, 2019 by ReallyAngry