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Are there some one at R.O. THAT CAN HELP?


Buck52
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My C-file is a total disaster  it has the wrong dates on just about every document that is in it

Who determines what the correct dates are.

i HAVE DUPLICATE AWARD LETTERS WITH DIFFERENT DATES  ALSO RATING SHEETS AND  REASON AND BASES ARE ALL DIFFERENT DATES. THESE DOCUMENTS ARE A TOTAL DISASTER 

Question

Does anyone know if the Regional Office Has a VSO  or Mananger of the C-FILE Division that can sit down with me to help me figure my C-FILE ALL OUT?

The Award letters and rating sheets all have different dates on them and that can't be correct

I need to know what the correct dates are on all these pages.

I can't find an Attorney that will take this on for a correct EED  dated back April 22-1998  to May 7th 2003.in between these dates  they are 4 different dates on each award letter and also the rating sheets..Which of these dates are correct?

My  C file is on CD format  and pages are numbered  and easy to find things  but when I do find what I think I need   it all goes back to incorrect dates  and double dates and double award letters   so its hard to figure out what the correct Dates Are

 

If this is all typo error  then which date is the correct type out document to go by???

 

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1 hour ago, Buck52 said:

My C-file is a total disaster  it has the wrong dates on just about every document that is in it

Who determines what the correct dates are.

i HAVE DUPLICATE AWARD LETTERS WITH DIFFERENT DATES  ALSO RATING SHEETS AND  REASON AND BASES ARE ALL DIFFERENT DATES. THESE DOCUMENTS ARE A TOTAL DISASTER 

Question

Does anyone know if the Regional Office Has a VSO  or Mananger of the C-FILE Division that can sit down with me to help me figure my C-FILE ALL OUT?

The Award letters and rating sheets all have different dates on them and that can't be correct

I need to know what the correct dates are on all these pages.

I can't find an Attorney that will take this on for a correct EED  dated back April 22-1998  to May 7th 2003.in between these dates  they are 4 different dates on each award letter and also the rating sheets..Which of these dates are correct?

My  C file is on CD format  and pages are numbered  and easy to find things  but when I do find what I think I need   it all goes back to incorrect dates  and double dates and double award letters   so its hard to figure out what the correct Dates Are

 

If this is all typo error  then which date is the correct type out document to go by???

 

You can try to call VA and schedule an appointment to review your C - File if the VARO still do this.  Make sure you have no pending claims because this could adjust your process time.  Eons ago, when VA was trying to do the right thing, that 1-800 number would connect a veteran to his/her local VARO.  The VARO was the real VARO, I mean the VARO that was within the veteran's own state.  Yes, VA has a VARO in just about every state, so I don't really understand the national call center number other than to cause some type of confusion.    In reviewing your C-File there will be someone to help you because it is illegal to add or remove anything from your C-File.  That is a joke (he, he, he) no that is the law. It is illegal for a veteran to add or remove anything from his/her file but VA employees can do it and then get amnesty days (periods where VA employees will not be charge for returning or locating lost missing C-Files and or evidence).    Now for the duplicate rating decisions and date changes , I can only speculate that over the years while VA was processing your claims where claims were processed and proposed by an adjudicator and then went to a supervisor to review and sign off on (sat on desk for a time period) but the claim was return to that adjudicator or a different adjudicator to redo and the proposed award was never removed from your file and a new/different proposed rating was completed and left in your folder.  Keep in mind that depending on how large your C-File is, it can be very confusing.  Your C-File holds all your VARO, and VAMC and any other medical records you have submitted to them.  One day when I was not feeling too well I heard some noise on my porch, when I finally got up to find out what was going on there was a huge box right at the front door.  I couldn't figure out what it was until I realized it was from the VARO.  After sliding it in the house it was my C-File.  I could not pick it up, it was well over three thousand pages.  I had duplicate evidence in my folder, I even had evidence that was not mine.  I contacted VA and was informed to return it to them and I did. Always pays to do the right thing all the time.   I realized that someone not only had to make copies of all these pages but had to load them in the computer to be scanned. Trying to understand the human factor is accepting the fact that something may go wrong and with VA  a lot may go wrong.   So you might try to understand that VA may not do this and if they do make sure you set aside a few days to be there because it will take some time to go thoroughly through your C-File. 

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Thanks Pete

Its just so frustrating to try to decipher any of this,,,its eazy to read my  C-FILE  its on CD and have numbered pages, when you find some documents that maybe of importance then jot down these page numbers its on  and you can find it fast and make copies.

 

Yes I understand we use to could call our R.0. and go view our C-file  but thats change now since the New Claims processing center open in Janesville Wi  your C-FILE maybe floating around in space..

I went to view my C-FILE back in 2002 and had made an appointment to view it  well when I got there they could not find my C-file  Got a no point of contact  and that was it.

M y c-file has about 5000 pages  in it and it is full of duplicates and changes , especially the dates on just about everything,  so I can't tell what is the correct dates in trying to figure out a EED.  back from 2003 at a DRO Hearing   they expedite my claim  but screwed up all the dates  and its hard to tell whats right or wrong  or the correct dates.

How can a Veterans claim be adjuicated on a certain date and then back dated to another date?  how would you find out the true date of the adjudication?

Example

On May 7th 2003  they awarded me IU  ...this is the correct date of adjudication   ok on another award sheet this was change to a year earlier (2002)...so if the award was made on May 7th 2003  and then that same award has a different date  ...like a 2002 date...it don't make a lick of sense to me.

Can they back date a rating to make it where the Veteran is more eligible for the IU? IF HIS RATING IS LESS THAN 100% SAY A 90%COMBINED RATING   ...so they do this to get the Veteran on up there in rating criteria to meet the IU Criteria.  or the extra scheduler criteria like the 4.16 (b)

or if a Veteran has a less rating say a 50% rating  and back then veterans had to have a 60% rating to be eligible for IU IF HE COULD NOT WORK BUT HAD A LESSER RATING OF 60% 

IN OTHER WORDS A VETERAN HAD TO BE 60% TO MEET THE IU CRITERIA, SO ON A 10% AWARD FOR TINNITUS    THIS WOULD UP A VETERANS RATING TO 60% FROM A 50% RATING   AND WALLA THAT MAKES HIM ELIGIBLE FOR THE IU.

I think this is what has happened.

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OK my friend, in some cases yes and no.  Keep in mind that VA can do anything they want or try to do until they are caught. 

29 minutes ago, Buck52 said:

On May 7th 2003  they awarded me IU  ...this is the correct date of adjudication   ok on another award sheet this was change to a year earlier (2002)...so if the award was made on May 7th 2003  and then that same award has a different date  ...like a 2002 date...it don't make a lick of sense to me.

This could may be a COLA difference or maybe you had actually filed the claim in 2002 where yes it was processed on May, 7, 2003 so VA did the right thing and gave you the effective date the date you filed the claim  in 2002.

A real big thing about having you C-File on CD is you can do a search.  When you review your award letters keep scrolling to where you can see your actual claim that you filed the 21-4138 and look at those dates also.

That combined rating chart is a beast and a lot of people don't understand it, the closer you get to 100% scheduler the harder it is to hit it.  A 90% veteran would most likely need a separate 30% - 50% to hit that magical beast of 95 just to round up to 100%

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Buck, do you belong to the DAV or another service organization?  Once when I had a serious problem with my case the NCOA gave me a contact number with a VA official who was unnamed who did a search for my case as my entire Cfile was missing.  He was a high level employee and I got a one time shot, he found my case for me, it was sent to Alaska and I was marked as deceased.  Service organizations meet with the VA at least once a month and they can discuss cases that are a problem.  The trick is getting the service organization to take your case to this level.  I had an advantage in that I belonged to the NCOA and I was active in this organization.  Even if you are not an active member if you call then national office they might be able to do something for you as in setting up an appointment to straighten out your mess.  It is a long shot but might work.

Another case might be to see if your senator is willing to help you figure this out.  They appear to be more proactive for veterans right now and they can reach inside the VA and get you the appointment you need at the RO.  This was also done for me at one time.  As @GBArmy has noted he has a contact in the VA organization that he has used before. 

We sometimes need to think out of the box (I hate that phrase) and seek help where it is not usually found.

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Actually this was my very first claim and I first filed it April 1998.

Was denied NOD it was denied again lack of evidence or the evidence didn't meet the guidlines for what I was claiming(Hearing Loss)

Anyway I NOD that and service connection was established but no rating.

I appeal again  and never hears anything back  and I had went to the VAMC Hearing loss clinic and had a test done, one of the VA Audologist noted that y hearing loss was profound and I was only service connected  but no rating given, obvioulsy this Audologist reopen my claim and ask for increase  and I was given  a 50% increase....about 6 months later or so I join VA Voc Rehab  and they could not find me anything I could do as for as employment  due to my s.c. 50% hearing loss..so the counslor write me a letter stating I was untrainable at this time for em[ployment due to my sc hearing loss.....so I applied for increase...ok this was in 1999,

and had a Bad C&P Examiner threten to reduce my 50% because he said my hearing loss was fine at my seperation in 1972, he also mention his Audologist mention they could not use my VA Hearing test becasue I didn'not cooperate with the test and said she thought I was just flat out Malingering  to be compensated .(.which was a lie) I did everything they ask me to do I said yes when I heard a sound coming through the headphones and I repeated the words or sounds I thought they said, anyway this promt a Proposal from R.O.

I requested a DRO Hearing to get this matter solved  and my private specialist hearing loss Dr did everything by VA Guidelines  to include the Maryland CNC Word test  and he wrote up a very well informed letter as to how noise indueced biaileteral hearin gloss occures...well the DRO and a Rating specialist present at my Hearing  noted they could tell I was  hard hearing and my spouse was with me to help me understand their questions  even though I had both hearing aids on and turn up to the highest setting to hear  or tried to hear, the DRO Noted that my hearing loss was real and said an increase in warranted and not a reduction   by my evidence submitted from this private Dr and my in person account by the witness of the DRO AND THE RATING SPECIALIST(Although they are not Dr's  but it was noted in my award letter.

My benefits sought on Appeal and was expedited the day of my Hearing.

May 7th 2003.

so if they go by when I ask for increase  in 1999..and I was finally adjudicated May 7th 2003  thats almost 5 years of retro for the 100% rate being IU  and about a year  minus the 50% I had been paid.

My retro was in the amount of about 9.975.00  I think it should have been more...so what I think they did was go by the 10% increase for the tinnitus  and a 30%increase on my hearing loss when I just had the 50%   this is a 40% total increase  and that made a combined rating of 90%   why they just didn't give me the 100% schedule rating in the first place none of this other crap would have happen  but because of the IU I was being paid at the 100% rate..so the EED Retro should have been more than the 9.975.00 they direct deposited in my Bank

Also if you have a 50%increase for bad hearing within 6 months  how do you go from 0% service connection with no rating to a 50% service connection within 6 months time?

So when they service connected me at 0%  they should have gave me a rating then...they failed to do that  they failed to read my complete file  and just guessed at these dates...that's obvious for anyone that can read medical records.

 

Now all of this I need to put the regulations # down and the criteria for the rating of Loss of hearing when my military service was the cause of my loss of hearing years later.  they admitted that when service connection was established.

Amen Brother

......

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9 minutes ago, vetquest said:

Buck, do you belong to the DAV or another service organization?  Once when I had a serious problem with my case the NCOA gave me a contact number with a VA official who was unnamed who did a search for my case as my entire Cfile was missing.  He was a high level employee and I got a one time shot, he found my case for me, it was sent to Alaska and I was marked as deceased.  Service organizations meet with the VA at least once a month and they can discuss cases that are a problem.  The trick is getting the service organization to take your case to this level.  I had an advantage in that I belonged to the NCOA and I was active in this organization.  Even if you are not an active member if you call then national office they might be able to do something for you as in setting up an appointment to straighten out your mess.  It is a long shot but might work.

Another case might be to see if your senator is willing to help you figure this out.  They appear to be more proactive for veterans right now and they can reach inside the VA and get you the appointment you need at the RO.  This was also done for me at one time.  As @GBArmy has noted he has a contact in the VA organization that he has used before. 

We sometimes need to think out of the box (I hate that phrase) and seek help where it is not usually found.

no never heard of the NCOA Organization?

DAV is my POA but I always had to work my own claim  they are useless as for as getting anything done..

I am looking for an attorney with EED Experience so for I come up dry  either they are to busy to take on my EED Case OR They don't have the expertise.

I really can't do anything until I get some legal representation

I been combing my c file and adding all the important factors to present and share to a good experience attorney.   just to see if he thinks I have a winning case or not?

because right now I have no Ideal if I do or not?

Thanks Vetquest  that is very Interesting story you shared .

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