White House Hotline VS IG complaint

[pacmanx1]

Can a veteran file a complaint of delay in processing his/her BVA grant/remand to the IG or the White House Hotline? My appeal was granted/remanded. The RO failed to process this grant/remand and certified my appeal back to the BVA. The BVA had to Order a second grant/remand to get the RO to implement their decision. This second Order was implemented, and the remand completed but this caused a delay which caused my appeal to be returned to the BVA a year later and now my return remand is still pending whereas if the RO completed/implemented my original grant/remand, my returned remand would be completed by now. Can an IG complaint/White House complaint get it moving any faster?

My second complaint is, I reopened an already service-connected disability. I requested an EED based on VAMC medical records that were not used in determining my current effective date. I reopened my claim based on 38 CFR 3.156(b) and the regional office scheduled me a C & P exam and then completely ignored their own C & P examiner’s medical opinion that my records proves/proved that I was diagnosed and treated long before my current effective date. Even though these claims are similar they are totally different because they are two separate claims but yet the RO continued my current rating, and both of these claims has to be a violation of 38 CFR 4.6. Can an IG complaint/White House complaint get it moving any faster?

Can't file for advancement on the docket, it does not apply at this time.

 

 

Edited January 2, 2022 by pacmanx1

[pacmanx1]

21 hours ago, Berta said:

Long long ago I griped to the VA IG regarding the way my RO was handling my claims- I rceived a nice letter from them that aid they do not get into complaints about the claims process. I dont think that hs ever changed.

"I requested an EED based on VAMC medical records that were not used in determining my current effective date. I reopened my claim based on 38 CFR 3.156(b) and the regional office scheduled me a C & P exam and then completely ignored their own C & P examiner’s medical opinion that my records proves/proved that I was diagnosed and treated long before my current effective date."

This sounds like a very valid CUE.

If the VA fails to consider probative evidence they have committed a violation of 38 CFR 4.6- lots of info here on that under a search-it is my favorite regulation!

Also the VA is not allowed to impose their medical opinion, when they already hve a medical opinion due to a C & P exam- I will find the regulation on that.

The purpose of my post was if anyone had a way to file a complaint and have someone at the White House or the IG to look into my appeals without waiting for my appeal to be processed in their own time. Both my appeals seem to be delayed by the RO not following their own regulations. Yes, the RO does this all the time. It is just frustrating that I have to wait.  Sorry for the long post. Here is where I stand. Just venting.

In reference to my remand, the BVA granted/remanded my appeal and the RO sat on it for over a years’ time then recertified it back to the BVA. At that time, the BVA 1-800 PEGGY number was still working, and I called to inquire about the status of my appeal, and I found out that it was just returned. I asked PEGGY how the RO could return my appeal when the RO did not process and implement my pending BVA Order. The BVA then made a second BVA decision granting/remanding the exact same issues they previously granted/remanded. So, the BVA made a second Decision/Order and returned it to the RO where this time they implemented my grant, paid my retro, completed the remand, restored my rating, and issued me an SSOC. This delayed my benefits for a little over a years’ time. The RO completely ignored the evidence of record when they issued my SSOC because, my records already proved that I met the maximum rating but when they restored my rating, they were to also consider the fact if my entire rating should be awarded this percentage. They just denied it and sent it back to the BVA.

In reference to my reopen claim, when the BVA granted me an effective date back to 1998, I got the idea that since the BVA awarded my appeal based on VAMC medical records that the RO did not consider that I could use the exact same reasoning that my initial claim was denied and when the RO actually granted my reopen claim they failed to review my entire file where there was evidence in my records that supports an earlier effective date. The RO reopen my claim again, sent me to a C & P exam and the C & P examiner wrote an opinion and a rationale that there are/were medical records that where in my file and not considered.

This pissed me off because the C & P examiner told me that she could not find the records that I was talking about, so I gave her a copy and explained to her that I did not file a claim for an increase, I filed a claim for an earlier effective date. The examiner agreed with me and after I left, she reviewed my records and took my systems and VAMC treatment records all the way back to my military discharge. Since I did not file a claim back then, I am only asking for an effective date back to my initial claim. The RO completely ignored the examiner’s opinion and denied my claim for an earlier effective date which both my initial claim and my recent C & P exam completely show that the RO made a mistake and that my records warrant an EED, the RO is still ignoring their own regulations.

I filed a reopen claim and it was denied and I then filed a supplemental claim, and it also was denied causing a delay by not properly reviewing my records and causing me to file an appeal to the BVA. Prior to filing my supplemental claim, I spoke to several RO employees both on the phone and in person to make sure I filed the right forms and they all told me that the RO would correct my rating and award my benefits. I agree that this violates 38 CFR 4.6, but it also violates 38 U.S.C. 5110, 38 CFR 3.400 and 38 CFR 3.156 (A and B) and In according to (BERNARD V. BROWN, 4 Vet. App. 384,390)) (1993)) Once a claim is reopened, a claimant is entitled to have his/her claim re-adjudicated on the basis of all the evidence of record, both old and new. Also, In accordance with AB v. BROWN, 6 Vet. App. 35, 38 (1993) (A veteran is presumed to be seeking the greatest possible benefit unless he specifically indicates otherwise). I even throw in Clemons VS. Shinseki but the RO still denied my claim and it went to the BVA where it sits for who knows how long.

As stated, the BVA granted me an effective date back to 1998 for my remanded decision but while reviewing my records I also found records of me opening a claim back in 1998 that proved I filed my initial claim and there was evidence of treatment and a diagnosis that the VAMC was treating me. The C & P examiner found even earlier records dating back to my military discharge, but the VA still ignored her opinion, and it is totally off that the RO did not grant my benefits and when I called the RO, the last supervisor told me that it was normal and the fact that I refused to withdraw my appeal that I have to wait my turn until my appeals get to the BVA judge. The fact that I refused to withdraw my appeals has nothing to do with the RO punishing me by not properly granting my benefits. That subject is not on the table and should never come up. I proved by medical evidence and opinion that my records warrant an earlier effective date. I feel that this is pure punishment because the RO feels that they may have to correct their decision and that my benefits should be paid to me.

 

Effective dates, IMHO (IN MY HUMBLE OPINION). I understand that effective dates are complicated, but it really depends on the evidence of record. What some don’t understand is that there are times when a veteran may file a claim multiple times prior to it being granted. Under 38 U. S. C. 5110 (a)(1) Unless specifically provided otherwise in this chapter, the effective date of an award based on an initial claim, or a supplemental claim, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor. So, in my opinion, I am appealing my effective date back to my initial claim where I filed my claim and that there is medical evidence and treatment records that proves fact found that I filed a claim, there was treatment and a diagnosis that warrant my rating and effective date. This is a second C & P examiner that opinioned my symptoms and diagnosis had a prior onset/effective date. My initial C & P examiner stated the same, but I was not given the correct effective date.

 

 

[Mr cue]

Pacmax I understand yes the va aren't follow there own laws these days.

My advice is to do a petition for extraordinary relief.

Showing there delay.

At best the court tell them to respond.

Or it get your remand moving again in the system.

There is no more contacting the board so we have nothing.

But iris the white house hot line has to send iris and they put anything in the system to end the complaint.

My opinion.

Good luck and I would really look into doing a petition.

Just show how they have been delaying 

[pacmanx1]

3 minutes ago, Mr cue said:

Good luck and I would really look into doing a petition.

Just show how they have been delaying 

Yes, I will look into it.

Hoping that the BVA would make a decision any day now, but don't want to wait anymore.

[Vync]

@BertaI used Colvin as part of my CUE when the VA reduced my initial rating. The C&P examiner ignored the evidence and made up some cockamamie reason to justify reduction and the VARO simply rubber stamped it. I was actually surprised the VA granted my CUE on the first attempt.

[Berta]

Yeah, if a valid CUE gets to someone who knows what they are doing it should be awarded.

During the ridicucous 8 years my SMC CUE sat at my RO, after they tried to make up a regulation to deny me, they then said the CUE had gone to a specialist- they dont have any 'specialists'. The Philadelphia Nehmer VARO awarded it in a heartbeat.

Pacman you could always file a complaint with IRIS. The complaint button is a pop down. A complaint I filed years ago got me a double DRO review.

In those days a double DRO review had to be done by a different DRO. I got the same DRO.

I was trying to get my IMOs into the record but my vet rep in the RO building, who said he would personally present the IMOs to the DRO called me up and told me the DRO told him she still could not read the IMOs.

He said he did get another posthumous C & P exam set for my dead husband,like it was a  big deal that he did that, but I said if the DR0  cant read my IMOs, written in simple English with an excellent medical rationale,how the heck can she read a new C & P exam result ?....no answer.

I dont know why they fight some of us so hard.They usually end up having to pay us anyhow, if our claims are valid.

The rep also told me that my files at the RO had 1151 written all over them.

I dont know why-I only had one 1151 claim.

[pacmanx1]

14 hours ago, Berta said:

Yeah, if a valid CUE gets to someone who knows what they are doing it should be awarded.

Yes, Ms. Berta you are correct. Both my appeals are at the BVA now. What makes things really strange, and frustrating in reference to my remand that the BVA granted my un-adjudicated 1998 effective date after the RO reduced my rating and forced them to restore my rating and determine if my initial rating should be granted the higher rating for the entire time. Now the BVA granted me a 1998 effective date, after the RO denied my request for an EED, and reduced my rating, that should mean that I should be awarded my increased rating for the entire time since it would place my claim in an open/pending status since 1998 and it is a continued pursuit claim. It was not my fault that the RO failed to review my entire records but here I go again.

Now in reference to my reopen claim the BVA may call a CUE, but I reopened my claim just to make sure that everything was considered but it was not. I don’t even think that the RO even considered my prior VAMC medical records or my new C & P examiner’s Medical Opinion. The RO has been trying to get me to withdraw my appeal for over a decade and now that I am close to the end, I am not even thinking about it. I feel a mistake is a mistake, but these current/new decisions are deliberate to withhold my benefits. I feel that my records and my evidence fully support my claim and I want my benefits. My remand has been going on for well over two decades now and I am still having to wait for my BVA decision. It took my appeal/remand ten years to get to the CAVC and when they did a joint remand, I thought this would be all over a long time ago.