How Much Longer, I Really Hate This Question, As I Know All You Hate Seeing It..

[retiredat44]

how much longer, I really hate this question, as I know all you hate seeing it..

I know when this question is asked everyone says, whenever it's ready it's ready,, stop asking,, go fishing come back in 10 years,, please stop asking.. etc..etc..

the usual, and those that know me, already know,, but I have to ask,,

had claim 2009, denied,,, all the usual appeal stuff

had DRO hearing December 2010, had SOC January 2011...

so far,, out of 6 issues, 3 had the SOC (plus SSOC). The remaining 3 issues had no answer, awaiting a decision..

been a long time...

Maybe in each region, there are differing times on when they get around to working on claims..

actually, I had one thing move in my claim, in January 2012, I had another c&p, this on for my left knee...

other than that no movement.. at least not openly, known to me

I have a representative, an American Legion VSO,

my VA Regional Office is San Diego..

I have no idea if it makes a difference if I am already rated, but I am currently at 50% since 1997...

the issues I am claiming go back to when I was on active duty, and all were from medical conditions and issues from when I was on active duty 30 years ago..

I already had a Form 9 in for an appeal to cover any issues that are still denied, so there is nothing left for me to do..

How close for an answer for my DRO hearing from December 2010, on the remaining 3 issues that I never got an SOC for,,

I believe the SOC I got for 3 issues means they are still denied, and the remaining 3 issues are not denied, and am awaiting their decisin.

My Question, how long for an answer, as it has almost been 1.5 years since the DRO hearing...

Should an answer be coming any day now, or will it be even longer than 1.5 years for the answer on a DRO hearing, from this office? Is it the current normal time for DRO hearing 1.5 years for answer on issues that have not been denied? Did the C&P for an issue mean it's moving forward at the current time? Does anyone have insight on San Diego and if they are slow or fast in this 2012 time frame?

My big problem (6 issues,, is pancreas disease,,,) I don't want to rehash all issues, but depression, Neuro diseases (tremors, shaking, balance, weakness, limb jerking, muscle twisting, fatigue. The there are more problems like, knee damage, limb swelling, intestinal disease. Degenerative disc disease, eye disease, very long list and more.

Not all issues are being claimed

Chronic severe pain and meds for it (20 years)

I am dying slowly from pancreas disease, the don't know how long I have but it's incurable. I am just wasting away...

MY main question is, how much longer for a decision for the DRO hearing on the 3 remaining issues, main disease pancreas disease, and hospitalization and surgeries going back since hospitalization in 1980 for intestinal disease on active duty. Chemical exposure (soaked in chemicals causing disease is in my SMR's from active duty.. and that is not in dispute... as the Air Force doctors actually noted the problems with chemicals and illness while on active duty.. for swelling and headaches.., also for tremors, and gastritis...).

Is the DRO getting closer to the decision? 1.5 years..... and boxes of medical records that the VA has had the whole time...

I know everyone will say when they are ready, they are ready,,, but someone must know some time frame??

my family desperately needs closure and help... all these years have destroyed our lives... my daughter has struggled for school money and help... our cars are junk.... my disease has kept me laying around sick for 20 years,, with no ability to work...

yet this constant wait and denials destroyed our lives... plus I live with constant suffering, and exams so they can watch the cysts on my pancreas continue to grow,,,,, knowing the next surgery could most likely be my death, since the last one was 6 months in a hospital bed to try to remove a 5 inch pancreas cyst.. learned to eat and walk again after 1 year in wheel chair... showing signs of new disease,,, and getting a new disease every couple of years.. just how much longer for a yes or no, and then the BVA hearing can use the tape from my DRO hearing.. for any issues left denied..

Thanx, for listening to me ramble on again in these forums, I know I have asked many times before... I Just wanted to say thank you, as just being able to ask again in these forums helps...

Thank all of you for your ears..

Steven

[deanbrt]

I think things have gone on long enough and your situation serious enough that you should ask the Congress person for your district to take a look. You might even contact the predominate newspaper in your area and state your case. I know of a veteran in my state that broke the logjam by doing both. Your circumstance health wise sounds like you should be able to push through a hardship request to get the decision moving. Contact your VSO right away Monday for help with it. Have him help you file an IRIS request inquiring about status, too.

I know there is debate about this but I think you would have been better served waiving the DRO process and going to BVA.

I know how you feel about the "find a hobby" messages.

[carlie]

retired,

Can you submit an IRIS inquiry to clarify exactly what issues are pending

and what level of appeal each pending issue is at, like VARO or headed for

transfer to BVA's jurisdiction ?

This should provide some answers in writing for you.

JMHO

[retiredat44]

Thanx, for your help,,

I guess I should have done this without asking, anyways...

sent to local office regional (they had choices of where to send it):

I asked using your words, since they seemed about right:

"IRIS inquiry to clarify exactly what issues are pending

and what level of appeal each pending issue is at, like VARO or headed for

transfer to BVA's jurisdiction ?"

I just don't think going through my conrgressman's office is at the stage yet, as I can see that others have waited as long as I, though they maynot be dying,,,

but, I think I have to or should at least wait until I find out they lost my files, or soemthing like that,, I suppose I am ina long line,, but I never did get a response back for the fact I am suffering a fatal disease, they never ereponded with anything,, I would expect they would say, yes we can help speed up claims for people that are dying.. instaed, my VSO was silent when I asked her 2x about sending them a note asking if there is a form for people who request additional help for those that are sick with disease..

I let the DRO reprentative at the DRO hearing know, in no uncertain terms that I am fighting for my life... with a fatal disease,,

I don't think they give a rat's ass.. Maybe pancreas disease isn't on the list.. maybe they only do it for heart disease, or cancer.. I don't know..

In any case, I asked for a U.S. Mail response, it might be slower, but there will be no ambiguity in whether or not I get answers.... where in a phone or e-mail, might end up not getting the answer at all...

Thank you,

btw,, I read in another vet disability forum that the Los Angeles regional is backed up about 24-36 months for appeal stuff..

I am not exactly sure who the DRO appeals are shuffled, whther there is a certain stack for those or it's back to the mass appeals stack...

all I know is that 3 out of 6 got an SOC, the other 3 did not, they got nothing,,

SOC means they are still denied and move to BVA,,

but that leaves 3 with no SOC, meaning they are not being denied...

and those issues were stated January 2011 in the SOC and SSOC.

It's like there's a train on the tracks, and the tracks ended, and the train is no longer on the tracks in any direction...

everything just stopped dead until January 2012, where they asked for a c&p for my left knee (one out of the 3 that had no SOC, after the DRO hearing).

coming up on 90 days since the c&p exam...

btw, the left knee claim was in 2009. So, they waited 3 years for a c&p exam for the knee, which made 3 c&p's since 2009.

So, just maybe they are very close to a decision on those three.. that had no SOC.....

and the three that did go on to BVA,,, but the IRIS inquiry will say, like the one's I read, that they have no timeline because each office has their own backups..

they will just say, at which stage they are in... which is better than no info... I suppose...

Meanwhile I expect results on my Cat scans (pancreas and surround organs had the usual cat scan I have every 6 months..) early next week.. if they don't phone me, it means they are not worried about anything,,, they usually phone me if it's urgent.. so I am freaked out wondering what is happening with everything in my life..

Thanx for listening,, back to laying here sick... whoopeeee..

guess it could be worse, could be in the hospital, or out on the street..

[deanbrt]

You are a hardship case, if ever there was one. Surely, some elder here can show him how to file for it. A terminal illness is a definitive reason

[Pete53]

I would strongly consider the use of a Writ of Mandamus

[retiredat44]

well, after I get the information that the Iris inquiry gives (I should have answers inthe next 2 weeks..), my next choices are:

1) congressman (see if they can bump this along...).

2) writ (never used this before.. so not sure..)

??

I feel that it depends what the Iris Inquiry results are..

I will then 'try' to ask my VSO (at the American Legion) what she thinks, but I worry she will not be as repsonsive as I fear, I just feel she doesn't see/feel urgency in these matters...

But, I still need to not go around her..

I feel I only get one crack at these options, and don't want to make a stupid mistake.. I have made to many already by trusting many people...

(I mean the people in the process at the VA...).

Thank you,

Steven

Edited April 9, 2012 by retiredat44