I Think The Va Screwed Up Bad

[betrayed]

I put together a couple of charts using a data base program to help me at my hearing. One has every piece of evidence submitted, date submitted, what the evidence is, who submitted it etc etc etc . The other chart is all the conditions and diseases and dates of actions. Look at this and tell me if something doesnt stick out real bad and is a big booboo I think in procedures.

[gdsnide]

I see nothing wrong with being organized or filing multiple claims provided they are backed with some evidence. I won at the BVA a weak minor claim ( 0%) that later proved to very important. My stronger evidenced major claims were and still remain denied. Naturally, I am appealing with an attorney.

So, ya never know what will be granted.

Incidentially, I recently had a MRI of my right shoulder done at the VAMC, naturally the report came back identifying it as my left shoulder. Took all day to get it straightened out. My two neuropsych reports were inconclusive and notable for being almost devoid of accuracy. Pages and pages of baloney that said nothing concrete...only maybe this or maybe that despite that my EMG showed bifrontal intermittent slow rhythm...my CT scan showed mild frontal atrophy...however, my MRI showed no abnormality?? Of course, the VA's MRI machine is almost an antique...lowest tesla in the area.

In my opinion the smartest thing U did was get a Lawyer involved, of course I have said that all over hadit.

A lonely Vet can be screwed around by the VA for years but get a Lawyer in there & he wants to win ASAP & he knows the rules. Good Luck. GARY

[Vike17]

Betrayed,

Please don't take this the wrong way, but your paranoia is getting the better of you. When the VA says you have one year from the date of the rating decision to appeal it, they (the VA) state that you need to do so in writing explaining why you think the decision is wrong. It doesn't say anywhere on the attached paperwork to submit Form 9 right away. The first step in the appeals process is sending in your writting disagreement, otherwise, known as the Notice of Disagreement (NOD). The NOD will prompt a Statment of the Case (SOC) if your issues listed in the NOD remain denied after a DRO review, or your NOD will prompt a SOC right away from the Rating Activity if you chose to go to the BVA. When VA sends you a SOC, there is a VA Form 9 attached with specific instructions and time frames as to how and when to file it. Once you have received the SOC you have 60 days to either send in Form 9 to "perfect" you appeal, or send in "new" evidence.

"Send in the new evidence or the Form 9 if you got the SOC. You don't want to fool around and argue while yout time is running down. You can ask for a DRO Hearing on the Form 9, and then if that fails you can still go to the BVA. If you have evidence send it in and if not file the Form 9. Nothing much is going to happen until you file the Form 9 anyway.This is the kind of regulation you want to conform to because it is easy for the VA to blow you away if you go over time lines. A date is a date and is not opinion or benefit of doubt. Be very sure you can prove you submitted the Form 9"

Granted, many veterans submit Form 9 right away listing the reason why they disagree with a certain rating decision and ask also for a hearing. When this happens, the Form 9 is construed by VA as the NOD. This isn't the intent of the Form 9 at all and many times when this done by a veteran, it may cause confusion and unintentional dely with that particular claim with the RO. If you have timely filed your NOD, your appeals right are protected regardless of how long it takes the VA to issue a SOC and your time isn't running out!

I have seen cases where a veteran has waited over a year to receive a SOC or SSOC from the VA; especially when the claim is at the Appeals Team awaiting action from a DRO.

In cases such as these, if a veteran would actually read the attachments and instructions when they receive their rating decisions and would subsequently follow them instead of going off and doing something totally different, maybe there wouldn't be so much confusion and scew-ups. Just a thought!

Vike 17

Edited March 3, 2007 by Vike17

[Stretch]

SOC (Statement of Case)

SSOC (Supplemental Statement of Case)

[tssnave]

Do you get a SOC if they give you a sc rating for your disability or is the SOC only when you are denied service connnection?

When would you get a SSOC and what does it look like?

Thanks,

ts

[sixthscents]

I actually agree with Terry .. sort of...

Using the "spray and pray" method for filing claims can be detrimental to the entire process of your claim. Now I am not saying dont file for injuries etc., but filing for things that have little or no service connection is pointless and can really slow down the process for your claim.

I would absolutly file for anything which I had clear evidence showing

1. Diagnosis

2. Service-Connection

or 3. another condition that is not service connection but has been worsened by a service connected injury.

I see claims with 10 plus injuries listed and really have no problem with that if they are all really well documented, diagnosed etc. Yet most are not... they are just shots in the dark. Stick to the proveable claims, that are well grounded. If you think you missed something, you can always file for it at a later date unless..........

YOU ARE WITHIN ONE YEAR OF DISCHARGE

If that is the case I suggest you file for anything for which you have a diagnosis... because within one year of discharge presumptive service-connection is normally granted unless there is dramatic proof to the contrary.

I would NOT consider the rating potential, i.e. will this injury get me 100% or 10% etc. Just file what you have clear evidence for. The process will work, and it will speed up you claim.

Last but NOT least, filing these haphazard claims slows down the process for everyone. Not just the individual who is filing. The raters have to sift thru all this junk, order C&P's etc. Be fair, to yourself and your fellow vets. IF you really really feel that you have an injury that is not well documented but is due to your service file it, but keep the whole picture in mind.

[betrayed]

Spray and pray worked for BETRAYED (100%)

no not really, first rating was 50%

second rating went up to 60%

third 100%

I filed within 1 year of discharge and I had 1. Diagnosis and

2. Service-Connection. MY SMR was over 6 inches thick, 28 years of documentation and noted on all reenlistment physicals, retirement physical how could iy not be approved?

I also filed multiple claims which they hate, but I did it because I was ignorant. Now why did it take three claims if you took the drugs I take daily (narcotics) you tend to do things 3 times b4 u get em right.

I went n the service 18 years old fine and fit, the best of my life, after 28 years active duty I cant say the same. Like the sayin goes YOU BROKE IT YOU PAY FOR IT!

I wish I had a digital camera to take a picture of my medical records, I have the entire bottom of a 12 gun safe full of records.

Edited April 4, 2007 by BETRAYED