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      How to get your questions answered. A few observations, and requests of all members. All folks who come here are volunteers who do this on their own time and their own dime.To avoid burning out our best contributors please follow these guidelinesf you are reading a post and it reminds you of a question you want to ask, start a new topic, if you place your question in someone thread it will be difficult to distinguish your question from the original poster, you will get better results posting a new topic with your question. 1. Before Posting please do a search and see if your question has already been answered. If you find the answer print it out and put it in a file to use as a reference file, I find this helpful myself. 2. If you can not find the answer and you do post a question, please print out those answers and refer to them to avoid duplicate questions. 3. Refer to the Frequently Asked Questions4. Duplicate questions will come up from time to time but the keeping them to the minimum will lighten the load on the regular volunteers.5. Respect folks privacy do not request their personal phone numbers for claims help, it is inappropriate and not why they are here.6. Keep the topics focused on veterans issues, in closing Search first Search ... Ask second.it may save a lot of time or at the very least enlighten you.
    • Listen Live Every Wed 5:30 PM CST to SVR Radio, Veterans Issues are discussed with various guests.

      Listen Live Every Wed 5:30 PM CST to SVR Radio, Veterans Issues are discussed with various guests. Please check the little home I am carving out for our SVR partners. http://www.hadit.com/svr.html
    • A bit about Tbird and HadIt.com for those who've asked...

      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. So I found out about the Code of Federal Regulations, United States Code, Veterans Affairs Manuals and so on and so forth. Of course this was 1991/1992 I was living in a tiny studio apartment in a particularly bad neighborhood, working in a sheltered workshop making a nickel per envelope I stuffed throw in PTSD and you will see that it was a difficult task for me to get somewhere where they had copies of these, let alone that they would let me look at. And there was so much knowledge around me, it was like the gold rush in those days, I could just sit on a bench a veteran would sit down next to me a little conversation later I had another nugget, I made copious notes. Phone numbers to call, ask for this guy or that guy he'll give you the straight scoop and they'd slip me a piece of paper with a number on it. You want to read this regulation or that one and another slip of paper into my hand. I spent a lot of time on those benches watching the squirrels they gathered their nuts and I gathered mine :) So I'm thinking I could put a little handbook together print it out and hand it out at the VA. Or perhaps fliers. Still formulating, time goes by, 1994/1995 I am being treated for PTSD regularly and doing and feeling much better and I go to work for a company as a marketing systems analyst and I discover the internet. Well let me tell you that was perhaps one of the most significant life changing events I have ever experienced. And I might add finally a positive one :) It seemed only natural to me that surely there must be a website that contained all the knowledge I wanted, well as it turned out not so much, lots of stuff but I wanted to get straight to the claims information and there was a lot of stuff to wade through to get to it. So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
    • HadIt.com Pass It On Cards

      Hi I've updated our HadIt.com Pass It On Cards. They are in a PDF format you can print them out cut them there are 12 to a page. If you have found HadIt.com helpful and would like to pass it on to other veterans this is an easy way to do it.I hope you find them helpful, feel free to leave a few anywhere veterans gather, veterans centers, veterans hospitals, public libraries, be creative. Please make sure though, that if you want to leave some at any business you ask permission first.Here you go http://www.hadit.com...it_on_cards.pdf
    • VA Training and Fast Letter Forum Index

      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ 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Des Moines Varo

5 posts in this topic


After a phone conversation I had with Linda Lucy this afternoon with Sen. Tom Harkin's office I am upset beyond words. First, Linda is a great person and Sen, Harkin is one of the best advocates for veterans and the disabled (his own brother being one) in the Senate. What I am upset with is what the Des Moines VARO told LInda today. As you can read, I had cardioversion last Thursday and am doing my best to stay calm...


First, I had cardioversion done on my heart last Thursday and an trying as best I can to stay calm.

I am sick at heart at what you were told by the Des Moines VA Regional Office today. I will take their responses in order.

1. I was granted service connection by Bureau of Veterans Affairs Law Judge Joy McDonald April 4 of this year. It was not a remand but a complete grant. There was no remand. See attached.

The procedure from that point is that it goes back to the RO for rating and processing. In my case, the evidence is clear the rating for secondary should be 70% based on VA rating criteria. There is also a VA FAST

Letter 10-02 that dictates this is to be accomplished in an expedited manner and without delay for any other appeals or claims.

2. Individual Unemployability appeal. I was denied IU in January. Actually the decision was from Dec. 20, 2011. The Vas own C&P examiner in examining me in April of last year wrote

“Conditions considered for IU: bilateral knee conditions and varicose veins…After review of the Veteran’s pertinent records (C-file and STR) as well as most current medical examinations, diagnostics, and consults; with review and examination of the Veteran and in light of most pertinent and credible medical information and sources; IT IS AS LEAST AS LIKELY AS NOT THAT the Veteran meets the criteria to be considered solely and medically unable to seek and maintain gainful employment.”

Under the VAs own rule of the benefit of the doubt going to the veteran I should have been granted.

“When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA will give the “benefit of the doubt” to the claimant.”

Another question is why was the exam scheduled when I had been service connected for 8 years for my legs and was 63 years old.

c. When Not to Schedule Review Examinations

Do not request reexaminations in cases when

· the disability is static, without material improvement over five years, and not likely to improve

· the Veteran is over 55 years of age (except in unusual circumstances)

· the evaluation is the prescribed schedular minimum, or

· the combined evaluation would not change even if the reexamination resulted in a reduced evaluation for one or more disabilities.

Reference: For more information on when not to schedule reexaminations, see 38 CFR 3.327(b).

I filed a Notice of Disagreement in early February declining a DRO review at the VARO and requesting my appeal be forwarded to the Board Of Veterans Appeals in Washington for adjudication. I then received a note that they needed to do a “post decision “ review first. This was March 8 and it still sits in Des Moines. For Des Moines to say it would be two years for that appeal to be processed calls into question intent. And I have come to believe the intent is to keep it in Des Moines and away from BVA where it would possibly receive a favorable review.

3. I never filed claims for Peripheral Neuropathy or Carpal Tunnel after my diagnosis at VAMC in Iowa City after EMG and NCV testing in early April. Rather, I submitted them as additional evidence to my IU claim and waived my right to have the VARO review the evidence in order to speed the appeal to BVA. Instead, Des Moines unilaterally created new claims for each. It is my belief today that it was done as a further delay tactic to hold back transfer of my IU appeal to Des B. The record will show that last fall into December “claims” were created for FOIA requests that I repeatedly denied and requested cancel. It was my belief at the time that the intent was to delay transfer of my appeal for secondary to BVA. Once the appeal was transferred, it was decided in my favor by BVA within weeks.

With the statements you made to you by the Des Moines VARO today, I respectfully ask that you forward my concerns, especially with reference to my BVA grant for secondary being termed to you as a remand, to Veterans Administration Central Office and VA Office of Inspector General with confirmation of the statements made to you.

It seems evident to me now that the actions of the Des Moines VARO are malicious in nature when looking at the evidence. A simple observation. What is the BVA definition of a “grant” and “remand” and did Des Moines deliberately attempt to manipulate the word. On that basis alone, It is my belief the OIG should be involved.

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“IT IS AS LEAST AS LIKELY AS NOT THAT the Veteran meets the criteria to be considered solely and medically unable to seek and maintain gainful employment.”

Under the VAs own rule of the benefit of the doubt going to the veteran I should have been granted. “

That is correct if the C & P regarded solely established service connected conditions.

“I never filed claims for Peripheral Neuropathy or Carpal Tunnel after my diagnosis at VAMC in Iowa City after EMG and NCV testing in early April. Rather, I submitted them as additional evidence to my IU claim and waived my right to have the VARO review the evidence in order to speed the appeal to BVA. “

This could be the problem, additional evidence for TDIU claims usually does not involve more claims as part of the TDIU.

You are correct on the Fast letter,in part:

It has come to the attention of the Board of Veterans’ Appeals (BVA) and the

Compensation and Pension Service that there is inconsistent processing of

claims involving implementation of BVA decisions with partial favorable findings.

It was determined that some regional offices (ROs) were delaying implementation

of these BVA partial grants until expiration of the 120-day period within which a

veteran may appeal to the United States Court of Appeals for Veterans Claims

(CAVC). Delayed implementation of favorable BVA decisions is inconsistent with

the Department’s long standing pro-veteran position and unnecessarily delays

payment of benefits to the claimant.”

Conditions considered for IU: bilateral knee conditions and varicose veins “

If these are already service connected -I know the knees are but I don't now about the varicose veins” , then regardless of the newer claims to bolster TDIU-

This doesn't happen often when a claim is set for BVA transfer:


I then received a note that they needed to do a “post decision “ review first.”

While that could indicate they realized they committed a SNAFU,

you need a vet rep with offices in or near this RO to get in there and see if,in fact, he should ask them to CUE the “decision' they made, yet now, after the decision was rendered, they want to do a 'post review'.

In essense I had what you might call a Post decision review in December as the VA snafued big time and I got on them right away.

For Des Moines to say it would be two years for that appeal to be processed calls into question intent. And I have come to believe the intent is to keep it in Des Moines and away from BVA where it would possibly receive a favorable review.”

It is BS. If you accept that statement. I used a tactical warfare maneuver I made up (TTOOA)

'take thumbs out of a…..s,' and

got VA to CUE themselves in three weeks for my Nehmer claim a few months ago.

We dont know all the circumstances here but to me “post review” AFTER a decision means – we cant send this to the BVA as it stands ,because we buggered it up already real bad at the RO level.”

Your vet rep has got to see what is on the I-8 they filled out . There could be potential on the I-8 for him/her to ask VA to CUE themselves.

Maybe the VA did already.-the cause of the “post decision review”

Did any rep prepare a 646 for this transfer? Maybe they did and caught the error themselves in the 646 and VA must act on it.

I get angry over this stuff because I expected the right decision from the Nehmer people as soon as they got to my claim.

When I read the initial decision ,I was absolutely stunned at their new level of incompetence in the decision.

I had dealt with that for years with my RO but this was a different RO specfically trained for Nehmer claims.

They had to throw it out and prepare a new decision so I got a 'post decision' review too and also they got a VA med opinion right away to award the claim three weeks after I got on them.

No wonder we have a backlog.It is not entirely due to IEF OIF influx of claims. Nor due to the Nehmer situation.It is due to RO level errors that even our well paid and well trained vet reps out there, don't always have the ability to notice right away, and/or dont have the goonyats to take VA to task on them.

We have to do it if our reps wont.

You could consider filing a Writ Extraordinaire ( Mandamus Writ.)

If I were you I would send it to the US CAVC, the RO AND the BVA.

A Writ like this sometimes is a TTOOA maneuver too and it seemed to work for me many years ago.

The court denied it, which expected, but the RO got closer to my proper decision after I sent them a copy of it.

I do feel however that a vet rep needs to look into this real good for you.

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This past post shows what I mean-

the vet challenged the I-8.

We also have more info Here on the!-8 :

This critical form, the I-8, is where the VA can make a final statement as to what they did or didnt do regarding a claim and it's evidence and one of the few reasons to have a vet rep unless you can get a copy of it yourself.

They sure lied on my last !-8..

and I made sure the BVA knew it.

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The one that really got me was telling LInda that my BVA Grant for Secondary was a remand. It seemed too obviously a deliberate falsehood designed to delay implementation of the grant. I have attached the front and last page of my grant award from April 4. I did not sleep much last night



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I think your are right, Berta. I don;t think they want the IU appeal to go to BVA. You might remember my complaining last fall about how a request of mine for copies of my c -file from April of last year to August was converted into a claim. It became apparent to me, by doing that, Des Moines could hold up forwarding my remanded appeal for Secondary that gone all the way to BVA, to CAVC and back to The RO where it sat since August of 2010, even though a remanded appeal is supposed to get priority. When it became apparent the claim was being used to hold up my appeal for Secondary, I repeatedly for 3 months asked to have the information request withdrawn and the claim cancelled. Finally, in November it was cancelled. Then in early December it somehow magically appeared again on Ebenefits. At that point I started to wonder about malicious intent because I knew they could use the claim to hold onto my appeal for secondary. I again stated I had never made a new request and asked that the claim be cancelled. My appeal for Secondary was forwarded to BVA early this year and a favorable grant was awarded by the law judge within 5 weeks, I believe.

So it is with the IU appeal. Even though I submitted my diagnosis of peripheral neuropathy and carpal tunnel as additional evidence to my IU claim, Des Moines entered them as NEW claims. My belief is that they have done that to avoid sending my IU claim to BVA for adjudicaton.

It just all smells. You would like to think you are dealing with honorable people.

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