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Letters in my mailbag are reprinted just as they
come to me. Spelling and grammar are left as is and only small corrections
are made to improve readability, ensure anonymity or delete expletives
that may offend some readers.
Jim;
I hope you can point me in some direction because
I am spinning every which way right now trying to find out a few things. I
retired 1994 under Temporary Retirement Authorization (TERA) with just
over 16 years active duty. I went to DAV in 1995 and they requested, as my
VSO, for 9 ratings. I was awarded 10% each for 3 disabilities, 0% for 5,
and denied on one. In August 2007 I requested DAV to apply for an increase
on 2 of the 10% ratings. One is for Tinnitus, for which I receive 10% now.
I was awarded 0% for hearing loss in 1995 but the VA hospital has been
issuing me hearing aides for years so I asked for an increase for hearing
loss.
The other rating I an requesting an increase for is cervical strain injury
with shoulder pain with headaches. The 1995 VA rating determined this
injury was from ejection seat testing I did in 1990 as a human
experimental stress test subject. I receive 10% for that from 1995 but the
condition has gotten much worse and a neurosurgeon at Wright Patterson Air
Force Base diagnosed degenerative disc disease in 2007.
So far the DAV Rep assigned has not done much for me. He sent me the
letter requesting documentation so I got what medical records I had and
sent them straight to VA like he asked me to do. The DAV Rep did not want
to verify what I was sending. That was August 2007. I was not able to get
ahold of him again until December 2007. He said he would contact VA and
ensure they had received the records I sent. He did not call me back. I
called VA and was told my claim went from review back to discovery because
nobody had requested additional records. I was finally able to contact the
DAV VSO in January 2008 and he told me he would check again. That was Jan.
23, 2008 and I have not heard from him yet.
Is it reasonable for VSO Reps to check on claims or return phone calls?
Should the medical documents I sent been checked by the VSO? Is it normal
for the VA to wait 4 months before requesting records from other sources?
Would it be advisable for me to change the VSO I am using now?
You can probably tell I'm lost right now and ready to give up but I would
appreciate any help you can give me. Thank You.
Article continues below:
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The first suggestion I'll make is that you look
at the bottom of this email and click on the link taking you to the
archives of my work at VAWatchdog (here...
). There's a lot in there about disability claims and the process at VA. I
write about practical things, not theories.
So...your DAV VSO isn't doing much? I get a lot of complaints that a DAV
rep isn't communicating with the veteran or that a DAV rep has lost
paperwork or the most common complaint, "My DAV VSO is gone again. This is
the 3rd guy in less than a year."
I'm no fan of DAV. To be honest, I'm of the opinion they do far more harm
than good. They're slick marketers and could sell ice to Eskimos but I
don't hear of them actually ever doing anything for us. I'll bet you
bought a Life Membership and thought it would help you get "inside". A DAV
VSO gave me a hard sell on a Life Membership long ago. It was the last I
ever heard from him.
I am a proponent of the Do It Yourself method. The VA system is originally
designed to work directly with the Veteran. The only thing a DAV VSO does
or can do is act as an intermediary to shuffle paperwork. Your VSO has no
knowledge of what the VA is doing, has done or will do with your
application. They don't walk the halls having casual coffee conversations
and getting things done with the VA. They occupy some of the space in the
building but that's it. You give them paper and they
mail it to VA.
By now, you're having a hard time believing me. You can trust this
much...this is like nothing you've ever dealt with before. A few weeks
ago, an experienced disability lawyer, a guy who has fought with the
Social Security Administration for years told me that the VA made the SSA
appear to be a finely tuned machine.
You will be much better off if you simply begin to do it all yourself. You
don't need to notify DAV of anything, trust me, that particular VSO won't
notice that you're doing your own paperwork.
Your note indicates that you're a guy who can use a computer. Your
spelling and grammar are way above average and you seem to have a grip on
what's happening, you just don't want to believe it's as bad as it really
is.
I'm going to give you some links. I'd like for you to spend a couple of
hours perusing some of this so you can get a fresh look at the regulations
you're dealing with and then get back to me. I'll lend a hand to you to
sort this out for yourself and win. I work with smart Veterans every day
who are winning their claims.
This stuff isn't rocket science. There are only 2 tricks to winning...you
need the patience of a saint and the tenacity of a junkyard dog.
Just for starters...your tinnitus can be rated much higher...up to 100%.
If you tested ejection seats and you have those records, your neck and
back could be a very highly rated condition. Unfortunately,
you don't want some quack calling it "degenerative" disc disease unless he
qualifies that as having its origin as trauma from blasting out of that
seat.
Let's begin here
http://www.warms.vba.va.gov/M21_1MR.html
with the M21. This is the Bible that every VA rater uses to
decide how to interpret the Code of Federal Regulations.
That will give you an overview of what you're up against.
The process is really pretty simple. You decide what "conditions" you have
and have evidence for. You write the VARO a nice, respectful and
technically correct letter and lay that out for them. They write back to
you acknowledging the receipt of your application for benefits. And so it
goes.
That you already have (or may have) claims in through DAV really doesn't
matter. You can pick it up any time and begin to take control.
The patience part comes in with the backlog. The usual wait today is 12 to
24 months before your file is even looked at, much less seriously
considered. The first adjudication of your claim is almost guaranteed to
be wrong. It won't be enough or it will ignore what you've asked for or it
may even be some other guy's claim.
Yes, it really is that bad. This is where you go into junkyard dog mode.
You appeal, refile and appeal again. Once you are a Veteran and you open a
claim with the VBA, this becomes a lifestyle, not a quick fix to any of
your problems. You must set your mind to accept that any fair and correct
adjudication from VBA will be fought for in their arena and to the VBA,
it's their money and you're a thief. Once you accept that, you'll be fine.
Jim;
I am wondering if you knew whether the mileage reimbursement for vets to
seek medical treatment would apply to my father who is a veteran of WWII
and a former prisoner of war. He is in a nursing home and because their
are no homes any closer, my stepmother must drive 1 & 1/2 hours each way
to visit him incurring high gas bills and wear and tear on the vehicle.
Thank you for your time and thank you for your service to our country.
Reply;
I'm sorry to say, no. I don't know of any program within VA that would
provide such a thing. I'm going to put a reminder on your email though and
I'll look around to see if I can come up with any solution for you. Please
give your heroic father and your stepmom each my warmest, best wishes and
let them know they're in my thoughts and prayers.
Jim;
Hope you are doing well as is your stepson. Is he still in Germany or
deployed again?
I've been round and round with letters to the VA so much, I'm starting to
doubt myself. I know, that's part of the exercise they play and hope for.
Difference is, I ain't gonna back off. Hopefully, you can give me a
calibration again.
I filed my informal VA claim on Jan 31, 2007 and the VA acknowledged
receipt to GA Dept of Vet Affairs rep the same day. Notwithstanding that,
the VA claims my official date of informal claim is Feb 2007. I'll deal
with that later.
My formal claim was filed in March 2007. In Oct 2007, the VA granted me
30% disability for one of my claims. The VA had $389 taken out of my
military retirement check 1 Nov 2007 and again 1 Dec 2007. I then received
a letter from the VA that I was in debt to the VA for $389.00 as they had
paid me for Oct 2007 and should not have started my "payment" until Nov
2007. The "debt" collection is to be effective 1 Feb 2008.
Shouldn't my "payment " date have been retroactive to the date of my
informal claim, either Jan or Feb 2007? If not ,what is the value of
filing an informal claim. I've written several letters to the Atlanta VARO
on the matter and of course they just ignore my letters even though I send
them registered return receipt. My question is, shouldn't the effective
date of my VA benefit be the date of my informal claim?
I applied for CRSC and was approved for that, but CRSC hasn't kicked in
yet.
Also, I have had an IME conducted for my other two claims. The IME Doctor
is supporting that my conditions exist and they are service connected. I
have not yet received his letters, but on the phone yesterday the IME
doctor recommended I send a letter to the VA (with his reports) indicating
that based on his IME the VA should reevaluate my claim and award me
service connected disability. I have not yet received my C file nor the
results of the C&P exams. H/E, the IME stated in his letters that he
reserves the right to add additional information /opinions supporting my
claim based on review of my C file and or C&P exams.
Should I send the VA his IME and request a reevaluation and state that is
not my NOD and I will send that later OR wait until I have my C file and
send the entire package (NOD and the IME) in at one time. Even without the
C file I have a laundry list of actions the VA did not perform properly,
based on USC and CFR requirements.
I have a very caring GA Dept of Vet Affairs Rep, but he's so overloaded he
can't really help much.
Don't know if all the CFR, USC requirements and precedent court cases mean
anything, but unless you say I shouldn't I pan to reference or cite them
all in my NOD . Any guidance on a short and sweet NOD versus all the
evidence one has?????
The problem with the VA characters, for someone like me, is even though I
can read and write, after a while I get so much none sense from them I
start to wonder if I'm the one screwed up.
Reply;
Thank you for asking! My stepson, the young Specialist 4 is doing very
well in Germany. He and his wife are as happy as can be. He's considering
reenlisting and is already up for his E-5 promotion.
At this point I'd guess whether he redeploys is up to the election
results. So far it appears to me that were McCain or Huckabee to become
Prez, we'd triple our military and invade Iran and turn Iraq into a Burger
King parking lot. If Hillary wins, many of us will be trying to relocate
to Iraq. If Obama wins, he's just going to bring us all together and we
won't deploy so much as we'll want to go and visit our new friends in
Baghdad and Tehran.
What you've told me is routine. As frustrating and as unbelievable as it
is, this is the way the system operates. Your case isn't even badly
screwed up...yet.
For those of us who reside in the real non-government world, to conduct
business as sloppily as the VBA does would be to watch that operation go
down the toilet in days. Even in the land of government bureaucracy, the
VA sets the high water mark for inefficiency.
I was corresponding with a disability lawyer a couple of months ago. He
had just taken some training and opened his practice to veterans. He
called the VARO to talk to someone about his client's claim. He was
informed that they couldn't speak to him even though he held POA. They
would speak to the Veteran and nobody else. So, he had the Veteran call to
ask his question. He was informed that as he had hired a lawyer, they
couldn't speak with him.
It was the perfect Catch-22. My lawyer friend was dumbfounded. He wrote to
tell me that VA made the SSA appear to be a well-oiled, efficient machine.
That's a very sad commentary.
Your letters don't get read until they get read. I was fighting for myself
3 or 4 years ago. I had requested a personal hearing. The day arrived and
I drove, with my wife, the 4 hours to get there. My latest VSO greeted me
to tell me everything was settled. I didn't understand. The hearing
officer had ruled in my favor!
I asked if I could speak to that hearing officer. Finally, I was led
through the maze to this hearing officer's nest. She explained that about
an hour prior to my hearing, she had read through my file. It was so very
apparent that I deserved what I asked for, she adjudicated for me.
Bottom line...my file had not been looked at in the 18 months I waited for
a hearing. Not a single word I'd written was read until an hour before my
hearing. My letters were recieved, time and date stamped, tucked into my
folder and set aside.
It's the routine.
The date of your benefit should be the date of your informal claim. That's
clear.
§ 3.155 Informal claims.
(a) Any communication or action, indicating an intent to apply for one or
more benefits under the laws administered by the Department of Veterans
Affairs, from a claimant, his or her duly authorized representative, a
Member of Congress, or some person acting as next friend of a claimant who
is not sui juris may be considered an informal claim. Such informal claim
must identify the benefit sought. Upon receipt of an informal claim, if a
formal claim has not been filed, an application form will be forwarded to
the claimant for execution. If received within 1 year from the date it was
sent to the claimant, it will be considered filed as of the date of
receipt of the informal claim.
The M21 is how to interpret and enforce the laws that govern the process.
I suggest you wait until you feel you have all your evidence and send it
all at once. Remember, you have a year to appeal from the date of denial.
The difference between a NOD and a "reevaluation" isn't much unless you
choose to take it to the Board of Appeals. Gather your stuff, read the M21
and send it all of and ask for a "Decision Review Officer De Novo" review.
When I write to VBA I always fill it to the top, references, citations,
the whole 9 yards. Then I cut at least 1/3 out of it the next day. And
finally I try to trim that by another 1/2 or so on day 3. I never use
"poor me" or the ever popular "you @ssholes", even though both fit.
Don't slip in the regulations, just the reference and a few words...they
have it on their desk already.
I've found that
* bullet points
* work well
if you keep them orderly and brief.
You're trying to get through to the brain of a bureaucrat who may read at
a 6th grade level. He hates his job, he hates his boss and he hates you.
It's rare a VBA employee tells his neighbor where he works. They're not
proud of it.
I always try to make nice in my writings to VBA and it seems to get
farther than many others.
Remember the 2 secrets to winning your case; the patience of a saint and
the tenacity of a junkyard dog. Facing the VBA is much the same as facing
the terrorrorrists (that's Bushspeak for the uninitiated).
If they get to you, they win.
Jim;
I just wanted to write and say thank you to you and Larry for all you do
for the veterans on the site. I served in the US Air Force from 1978 -
1992, was honorably discharged under the force reduction and received a
SSB upon separation.
I initiated my claim in November 2006 and had it not been for you, Larry
and my brother... I don't think I would have been able to get through the
process. I found this site by pure accident, surfing the web in the wee
hours of the morning when I needed answers. And lo and behold....there
they were. I have read the articles religiously and followed the advice
given by you and Larry to the letter. It worked.
As I said, I initiated my claim in November 2006 for PTSD, Major
Depression, Anxiety and tinnitus. I recieved a rating of 80% in October
2007. To say the least, I was surprised it was as quick as it was from
some of the stories I had read and heard from other veterans. Upon the
advice of my brother and VSO, I applied for 20% IU November 2007.
I received my 100% rating today and to top it all off...it's total and
permanent, no further examinations will be scheduled. I followed the
advice given on the site, told the truth, went to any and all appointments
scheduled and didn't give up.
I do have to wait for any monetary benefits due them recouping the SSB I
had received in 1992, but just being able to receive the other benefits,
medical and mental, is worth it's weight to me.
I cannot begin to express my appreciation for what you, Larry and all the
others that contribute to the site do. Please pass on my sincere thank you
to all the other contributors to the site. I pass the link on to every
veteran I meet and tell them how helpful it's been to me. Again...Thank
you!!
Reply;
Thanks! I'm so happy to hear things worked out that well for you!
Don't let them mistakenly try to recoup the SSB you got in 1992! This is a
frequent error on part of VBA. Here's how it works. In any long period of
service, you have a number of honorable discharges and enlistments. It
varies for most guys but the routine is the same. You decide to sign up
for another hitch, you're discharged and reenlisted.
That particular chunk of service stands alone for many things. This is
what can happen. Let's say you were in in 1970 injured in 1971, then
reenlisted in 1973. 1973 to 1977 was quiet and no problems. You reenlist
in 1977 for 6 more and hurt your back. The back is OK but still bothers
you sometimes.
Later on you take some more time and so on. Eventually you take a force
reduction discharge and a bonus and it seems the right thing to do at the
time. Later still, you file a disability claim and are awarded benefits
for the RVN injury and the back injury. Your letter tells you to repay
that discharge bonus first. This happens a lot.
However, if your disability award is for an occurrence in any period of
service that wasn't during the hitch you took the discharge bonus for, you
may not have to repay it.
Not long ago a fellow told me he had served way back then. He took a
reduction of force bonus after 2 or 3 enlistments. Then 9/11 happened and
he got gung ho and went back in. A couple of tours in Afghanistan left him
injured...he was a mess. He got his time at WR hospital and then soon got
VA bennies. BUT, he was told he owed them 18 large because of that
discharge bonus years ago. It would have left him homeless. I spotted the
error without too much trouble, helped him write a letter and within 8
weeks or so, he had his corrected benefits!
The SSB benefit and recoupment can be complex. Here's what I'd like to do.
Look at topic 8. This is the section of the M21 that describes how the VBA
is supposed to deal with recoupment. Read through this and after you've
compared it all to your situation, get back with me. We'll pick it up from
there.
-------------------------
posted by Larry
Scott Founder and Editor
VA Watchdog dot Org
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