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This is just crazy


Mr cue

Question

I am get very upset with the VA and all it's games

 

Ok I apply for mental health 2001.

Got Deny and nod.

Well the VA never cretifed the appeal again. So it sat in appeals status.

Well 2018 I used service records to reopen the claim. Granted 70%

Well the VA said they denied the claim.

So when I got the record for the court. I dispute there is no decision that part of the record.

Well here goes there response to the court.

That that denial was part of the decision that granted tdiu.

They are I guess saying it got denied in the body of the decision smh.

This is what I am going through.lol

 

 

 

In an RBA dispute filed with this Court on February 10, 2022, the pro se Appellant identified on p.1 of that Dispute that various citations in the record noted

a March 22, 2004, Rating Decision in which Appellant’s depression claim was denied but that “(t)here is no decision that was made 3/22/04 that is part of the record.” The Secretary notes that Appellant is presumably basing this statement on a citation in a July 5, 2018, Rating Decision, which notes that the evidence considered in that decision contained a Rating Decision dated March 22, 2004.

 The undersigned reviewed Appellant’s RBA and electronic claims file in the Veterans’ Benefits Management System (VBMS) and could not locate a Rating Decision dated March 22, 2004, that mentioned a denial of Appellant’s claim of entitlement to service connection for depression. The undersigned then requested the assistance of the appropriate Department of Veterans Affairs (VA) Regional Office (RO) official in an effort to obtain or otherwise account for such a Rating Decision.

 The official subsequently responded and stated that Appellant’s “claim file was reviewed, and it was found that the March 22, 2004 Rating Decision did include information regarding [Appellant’s] depression. The body of the decision mentions that an appeal was pending for a cervical spine injury along with other conditions, to include depression secondary to neck condition.” The information provided by the RO official corresponded with the March 22, 2004, Decision Review Officer (DRO) Decision. As such, the Secretary submits that the March 22, 2004, DRO Decision is presumably the same document referred to as the “VA rating decision dated March 22, 2004” in the July 5, 2018, Rating Decision. The undersigned notes that the March 22, 2004, DRO Decision is located in the RBA at R. at 2757-2761.

    As such, the Secretary considers the dispute as resolved.

 

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This is the craziest process I have ever been through with the veterans affairs.

Ok I dispute the record before the agency.

Because there is no final appeal decision on my mental health from 2004. In my record.

Which if there wasn't one the mental health effective date is now 2004.

By law.

Here is the VA lawyer response

17 hours ago, Mr cue said:

The undersigned reviewed Appellant’s RBA and electronic claims file in the Veterans’ Benefits Management System (VBMS) and could not locate a Rating Decision dated March 22, 2004, that mentioned a denial of Appellant’s claim of entitlement to service connection for depression

Ok this mean it remains pending.

And was granted 2018.

Effective date is now 2004. Smh

17 hours ago, Mr cue said:

The official subsequently responded and stated that Appellant’s “claim file was reviewed, and it was found that the March 22, 2004 Rating Decision did include information regarding [Appellant’s] depression. The body of the decision mentions that an appeal was pending for a cervical spine injury along with other conditions, to include depression secondary to neck condition.” The information provided by the RO official corresponded with the March 22, 2004, Decision Review Officer (DRO) Decision

Than the VA regional office reply this. Say the decision stated they were in appeal status.

Ok we're is the final decision smh.

There is not one.

So now I sit here still playing games.

Do you think a VA lawyer doesn't understand there was no final decision made in the record.

He just said it

Guess they are saying I got denied in the body if the decision

This isn't a legal smh

Just venting this morning.

The fight continues.

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