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    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

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      Redacted VA NOD SOC 04-09-2020.pdf
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GeekySquid

VSO states they work for the VA not for ME

Question

So, as some know I have been having a little war with the VA and my VSO, the American Legion, about getting my DBQ's.

So today I went to the VSO's office in the VARO building during their "walk in" hours since I could not get them to give me an appointment.

On the door was as sign saying the office was closed for the week for training and left the 800 number for Washington DC office.

I knock on the door anyway. Two ladies answer.

Tell them what I want and that I need them to do it today.

They invite me into the office.

I hand them a typed sheet with the Dates and Dr's of my C&P's and a list of documents for each one that I need.

The first lady says she doesn't know why I am there. The second lady says she will help me. The first lady says show me how we do this.

Okay

I tell them again what I want and the 2nd lady says why do you want to file a NOD, I tell her. She says you don't need these files to file an appeal.......The VA already has them. I tell her I need to know exactly what the DBQ says and what the letters to and from VA says. I also need the code sheets as they existed at each point for each approved and denied C&P.

She tells me no i don't and if I insist on filing a NOD I should just file an HLR.. I told her no, that would not work for this and the HLR results are not typically veteran friendly.

She then spends 20 minutes more telling me that I need to listen to her because veterans don't know what they want and don't know anything about the VA and how to win their claim.

She then says "We work for the VA not for you, and the VA knows what it is doing".

this of course makes me mad and I say to her " I am asking you to get me these files. nothing more. I have heard your opinion and all you need to do is get me copies of these files." She then starts in again trying to convince me not to file.

I get more insistent and tell her that i heard her but I expect her to do exactly as I requested, nothing more.

She then says "Well you don't need those files so let me file the NOD" I tell her NO. Resoundingly empathically NO>

She then tells me I know how to file a NOD. She then remembers I am filing a CUE and says "you shouldn't file a CUE because you will never win and then the VA will be mad at you"......

Just f'ing wow.

Then I tell her once again to do what I asked her to do and to stop trying to dissuade me from what I want. I tell her she is wasting her time and mine and that all I want is her to get those documents.

She then yells to the other woman to get "Bill".  Man comes in and says "those are VA files you don't get to have them".

I tell him he is wrong and ask who he is. He refuses to answer. I look at woman 2 and say Please tell me your full name so I have a record. She wants to know why. I tell her point blank, that the next time I speak to AL in DC I am going to reference her and what she has said and not done. I then look at "Bill" and ask his name. He tells me 'you don't need to know that". I tell him I do because saying "Bill from AL means nothing to anyone". He snaps back 'I don't work for AL I work for VFW".

I ask him why he is sticking his nose into an AL situation? He gets mad and leaves.

She writes down her name, at least I think it is her name, date and time .

Then says all she is going to do is fill out a FOIA.  At this point I decide to let her do that and get a copy to submit with my complaint to the AL.

 She then asks me what I want. Types that I want my C-file and the files on the attached sheet, prints it, shoves it at me and says to Sign it. I tell her no it is not accurate and ask for a pen and write explicitly what  I want.

She literally tries to argue with me.

I tell her to stop arguing and write the FOIA the way I tell her.

She writes it wrong in her own phrasing and i made her redo it.

Then I made her add Time is of the essence on the form.

When she handed it to me. I initialed before and after the typing and drew a line threw the blank space.

She gasped and asked why I did that. I said "its blank space and anyone could add words to that blank space. She then started to say, and got half way through saying

'I needed to put more stuff...." and then shut up as she realized she was admitting to falsifying a FOIA over my signature.

 

I am not sure which is worse, having the people with my POA try and screw me over or having the VA which is supposed to be on my side try and Screw me over.

 

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Geeky, this is a White House call if I ever heard one. I would have lost it half way thru. Un believable!!!

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Wow I am so sorry this happened to you!   This is just trying to make you fail at everything.  These three did not want to help in any way shape or form.

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Good for you Geeky   taking up for yourself   way to go there buddy.

if you get this in time  call into the hadit radio show and tell them about this.

its tonight at 6:00pm 7:00 pm eastern 

(347) 237-4819 when it answers just hit #1.

Also check with Alex (ASKNOD) about this issue   he will be on the show tonight.

 

Edited by Buck52

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Geeky...I want to think that I am reading a fictional book, but sadly I know this is real life. I have never heard of such crap from an outfit that is supposed to be on the side of the veteran. As GB said above I would have lost it half way through. This is why I don't use a VSO for the few (I know the majority are good) because they don't want to help the vet. If I was going into DC anytime soon I would hand carry your papers and complaints into the AL HQ in DC. I know they would not stand for this (at least I hope so).

I wish you luck with your filings.

BTW I did have a VSO for a few months and I decided they were doing nothing for me and it took over six months to get them removed. They are easy to add but hell to remove. 

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Paul Why did it take 6 months to get them removed as yout POA? Anything you could tell us that we should watch out for?

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      • 11 replies
    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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