This is for Buck52

[pacmanx1]

Buck, I know that you are trying to get a clearer picture of some of your C-File records. My suggestion would be that you write down the page numbers and then contact the VA and see if they can modify these pages for a better picture not to change the documents but just make them more legible. You can also wait to all this COVID stuff get a little better and then make an appointment to go to the local VARO and view your records in person.

Edited March 17, 2021 by pacmanx1

[Vync]

It sounds like the VA did to you what they did to me on my initial rating and later on the two CUE's which were filed. CCK Law posted a video saying the OIG found many complex appeals contained decision mistakes for a variety of reasons. Some of those who made decision errors were not properly qualified, lacked completion of required training, and even issued the decisions without obtaining a second signature or being approved for accuracy before being finalized. https://www.youtube.com/watch?v=HPkVCtjJIdc. Thinking back, only a handful of my claims were decided accurately the first time with the majority of others were corrected upon appeal or CUE. 

In my case, the issue is already under 20 year protection. I filed it simultaneously with another CUE which was much more complex. The other issue was recognized as error and corrected at the Supplemental level. However, supplemental and DRO both made the exact same mistakes by failing to follow the laws/regs involving functional loss (max ROM vs. limited ROM) in effect at the time the decision was made.  If the BVA corrects the issue, my initial combined rating will only go up by 10% for about 13 years. No follow up exam will be needed.

It sounds like your case involved a complex appeal. You are absolutely correct about the VA refusing to give weight to handwritten notes. I had a C&P exam that was handwritten and then misplaced (which I found). The VA brought me back for a second exam on the same issue and I found both the handwritten plus the dictated notes. The VA opted to go with the dictated notes even though the original missing/found copy and even the second handwritten copy would have yielded the higher rating. I'm a programmer and understand how optical character recognition (OCR) work. The computer will scan a document and try to interpret each letter, number, and punctuation character. OCR fails badly on cursive but is better with printed copies, but can get tripped up if lines/boxes clash with the characters. I was told that they could not use a written math sentence "because it was not objective". When the VA sent me a disc containing my c-file, I found the PDF document did not OCR a lot of the handwritten text, especially the cursive. I read previously that the raters try to first search in the computer for key words or phrases which might be why they kicked the can down the road in your case...

[brokensoldier244th]

That may be, but there is little to no excuse for the rater not unleashing Adobe on the file, either. I do it every day with STRs, OMPF, etc. I run OCR on just about everything that isn't direct text (already computerized) and even then often on that stuff, too. If the person on the one end that created the PDF didn't enabled OCR during the creation process you get a PDF that won't OCR. So, I just assume most PDFs aren't, unless I start searching for obvious things like the veteran's name, or other already-known information. If I can get that stuff to highlight in my search then at least I know that OCR was applied, so I can CTRL-F search first for high points, then go back and read through things visually. 

[pacmanx1]

15 hours ago, Vync said:

It sounds like your case involved a complex appeal. You are absolutely correct about the VA refusing to give weight to handwritten notes.

Actually, my claims/appeals are not complex at all. They are straight forward. The CAVC told the VA/BVA to review my records and my C & P examiners listed the evidence on my DBQ. I even sent in attached copies of the specific dates and time I was being treated by the VAMC. There was no search needed. The VA just ignored everything, even their own C & P medical examiner’s opinion.

These are my last two appeals and when I originally filed my claims, I should have been awarded TDIU, but the VA really screwed everything up. So, I am determined to get the VA to do their jobs and review my evidence as the court has ordered and to get the retro pay that I should have gotten years ago. As you can tell they (The VA) really pissed me off. I have no training other than what I have done on my own and if I can explain it to my lawyer then I know that the VA is playing a waiting game to see how long they can put off doing a proper decision.

Edited March 21, 2023 by pacmanx1

[Rattler]

I know I am opening a can of worms hear but.... I think we should start the pissed off vets club. Maybe get Tbird to do a graphics of a veteran pissing on some VA letters.

Ok I have gone against the rules Mod's ban me.

[Vync]

@pacmanx1  That's what I am talking about. To you and me they are very straightforward especially when we spoon-feed the VA everything they need to just verify and approve. It sounds like "Friday filing" has happened to you, too. That's when it gets late on a Friday afternoon so they take shortcuts and stuff files in a drawer or just close something out quickly without giving it a proper assessment -- all in the name of leaving on time or making their required completion numbers.

Back prior to the AMA, from 2010 to about 2013, my VARO had implemented a telephone verification policy which was surprisingly beneficial in my opinion. I had a number of claims running during that time. When they thought they were finished, but before mailing the decision, they called me to discuss their findings and to make sure that everything was addressed. They usually had to send something back to get corrected, but occasionally got it right. Of course, after I started filing claims again in 2019, the AMA had just taken effect and the national work queue went into effect. I did not realize what all had changed under the hood. I started getting jacked up decisions repeatedly and asked about the telephone verification policy. I was told they had to get rid of that because someone high up wanted to make the VA's numbers look like they were turning around claims faster without any real concern about accuracy. However, they said that would have been a great thing if every VARO implemented it because it would eliminate being sent to the back of the line and having to wait 4+ months every time we had to get mistakes corrected. I heard that only a few VAROs did telephone verification.