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st687
02-22-08, 02:09 PM
I need advic from people on this board,on Nov.14th I was to have a DRO hearing with my VFW rep.at my side, he called on Nov13 and said he had an agrement in principal with the DRO for 60% and my IU was still on the table, he said I should receive my paper work with in 90 days, I recevied the papers last week and they have denied the claims and said I did not show on the 17th I did not have a hearing on the 17th it was on the 14th, now they say that the statement of case has come out they can not go back, I will have to go to the BVA for a hearing.
I need to know what other people think.
Semper Fi.:usmc:

oldtop
02-22-08, 03:24 PM
1st: Contact your VFW rep and meet with him, bring the rating decision and Statement of the case that the VA sent you with you. Have HIM contact the DRO officer with whom he had the agreement in principal and find out what gives.

oldtop
02-22-08, 03:32 PM
2nd: If #1 fails, complete the VA Form 9 immediately and send to the BVA via your VFW rep. Go to the scheduled hearing with your rep. Tell him that unless you see something in writing from the DRO prior to the hearing that you WILL have the hearing with the BVA regardless of DRO promises.

st687
02-22-08, 03:52 PM
Thanks Oldtop, in todays mail I recevied an app. for march 5th for a CP2 at Haley at 13 hrs , I called my VSO and he said the dro put in the order for the CP2 along with someother test they want done, in the meantime my wife is so ****ed about what has happened that she wants to write a letter to Bill Nelson US Senator and B C Gibbard the region manager ask them to check out what is going on, I am haveing a hard time holding her back, Thanks again.
Semper Fi.:usmc:

OLE SARG
02-22-08, 08:23 PM
Hell, let her start writing!!!!!! It can't hurt and a lot of times that is what it takes to get action on some of these claims!!!!!
Good luck!!!!!!!!!

SEMPER FI, :thumbup:

ggyoung
02-23-08, 11:22 AM
You have to keep trying. Don't give up.

oldtop
02-25-08, 10:30 AM
"Hell, let her start writing!!!!!! It can't hurt and a lot of times that is what it takes to get action on some of these claims!!!!!"

WRONG ANSWER!!!..... ALL GOING TO YOUR CONGRESSMAN OR SENATOR DOES FOR YOU IS TO DELAY ACTION ON YOUR CLAIM... when you do this, your congressman contacts the VA... the VA then goes over your claim with a fine tooth comb, making sure that all i's are dotted and all t's are crossed... then they send a letter to your congressman quoteing the appropriate VA rule or regulation that supports the denial or minimal award of benefits. Your congressman then sends you a copy of the VA letter, the VA rules & regs that apply, and a letter from the congressman that states something on the order of
"we have contacted the VA on your behalf regarding your claim for "whatever" and this is the responsethat we have received from the VA regarding this matter. We are sorry that the result could not be more favorable toward you. Please do not hesitate to contact us if we can be of assistance to you in the future"..
THAT is what you're likely to get from going to your congressman, not to mention a 3 to 6 month delay in your claim response due to the congressional inquiry. Oh, did I mention that by VA rules, as soon as a congressional inquiry on your behalf is initiated, your congressman becomes your representative of record, supercedeing whatever service organization you may have elected to represent you until the issue(s) have been resolved. Do yourself a favor.....GET A GOOD ACCREDITED SERVICE OFFICER FROM THE AMERICAN LEGION; VFW; MCL; FRA;DAV and let him / her handle your claim properly. There is no cost to have a service organization represent you and you'll be better off in the long run. Also keep in mind that the VA is SLOW...depending on your location and the local reigonal office backlog, new claims (or new issues on an old claim) can take up to 16 months to be resolved from start to finish.
MOST IMPORTANT FOR SPEEDY CLAIM PROCESSING IS TO KEEP ALL SCHEDULED C&P EXAMINATION APPOINTMENTS. Even though the hospital will tell you that they will reschedule your exam, DON'T BELIEVE IT!!! The ONLY ones that can schedule or reschedule a C&P exam is the Regional Office. OBTW...writing the Regional Manager of the regional office is also about useless.. you'll get back a form letter with his signature rubber stamped on it....sorry, but that's the way it is.
WINNING YOUR CLAIM requires that you jump through the VA's BS hoops, but that is the only way to WIN... GET THYSELF TO A GOOD ACCREDITED REPRESENTATIVE OF A SERVICE ORGANIZATION and let him help you.
One last thing... congress recently changed the rules regarding ambulance chasers... attorneys representing vets can now keep your back pay if they win your claim, just like they can with social security, so it's doubtful that a lawyer will do anything to speed your claim (thereby reduceing his payment) Not many lawyers are familiar with VA law anyway. ( Our local AL service office constantly gets calls from attorneys wanting to know how to handle VA claims) WIN YOUR CLAIM...GET A REP...and BE PATIENT... if you don't like the decision...APPEAL IMMEDIATELY.

Semper Fi

OLE SARG
02-25-08, 07:42 PM
I beg to differ oldtop. I've seen cases here in KC with the Vietnam Veterans of America post where Congressmen have MADE the difference in Marines receiving the compensation due them.

SEMPER FI,

ggyoung
02-26-08, 11:25 AM
Old Sarg==========Same here. I say it does more good here in Utah than bad. Depends on the state reps.

DocGreek
03-04-08, 12:23 PM
ST687....Why are YOU having such trouble?? See the V.A. Service Officer, at Haley, or, like me, at the V.A. clinic, in New Port Richey. I was told EXACTLY what the V.A. wants, as far as proof of disa., and I should get Prognosis statements, from my primary Doc.......I DID, and after the Service Officer looked all of that crap, it was put in order, and sent to St. Pete. ONE WEEK LATER....I got an appointment for my C&P, spent 21/2 hours, with the shrink, and received my notice of 100%, P&T, 6 weeks later!! OF COURSE.....everybody's case is different, but.....that's the way t's SUPPOSED to work! ALWAYS FAITHFUL.....DocGreek

st687
03-04-08, 04:52 PM
Thanks for all the support, tomorow is the big day with the shrink at haley and what ever test they want done, when I get the out come I will post it here.
Thanks again.

st687
03-19-08, 10:51 AM
I have spent the last week taking all the test the DRO wanted and now I guess I will sit back and see what she has to say, now the waiteing begins.
Thanks again for the support.

DocGreek
03-19-08, 02:01 PM
ONE DAY AT A TIME!!....Please, do NOT expect too much...the 1st time. If you are turned down, or given only a small percentage, DON"T GIVE UP!! It's easy to appeal, and worth the trouble!....BEST of luck!....Doc Greek