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    • Question about NOD wait time after applying.
      Maybe so Navy4life &I agree every case is different but plays out with the same format (so-to-speak)  trying to get a decision/ rather a win or a denial...of course we all hope for a win.  When a Veteran takes the evidence to a Hearing  that is clear cut &'' IF THE DRO READS IT'' & Listens, Then no reason for a denial, A DRO has the Authorization to make a decision and expedite the claim then and there. Also a veteran can have a good Idea how the DRO Hearing went before he/she leaves the Hearing,as to rather or not it was a favorable hearing the repore (so to speak)   you have with the DRO and how the hearing went....the veteran is usually contacted within a 30 days time frame on a good favorable Hearing. After your off the Record  the DRO usually lets you know what the decision is or if its going to be in your favor, if he don't do that and says I'll get back to you within 60 days...that to me means he can't decide your claim and is being look at by his peers or  in the upper courts  or if your 60 days has elapse and no word  they probably going to remand it to the BVA. Unfortunately things do get lost in space at the VA...When this happens the only advise I can't think of is to call them 2 or 3 times a week and bug the heck out of them. Member Gastone has experience with the DRO Maybe he can chime in if you don't believe me. Anything that gets in the way of a decision (stand in DRO Unexperienced )is a bad luck of the draw in my opinion... and the DRO can't decide just jams up the whole process, in your case another newbe DRO took your case and he/she could not decide your claim then and there...so you wait for a decision? The standard now days with the VA. No one can give a time as to how long it takes for  them to come to a decision and why they don't get back to the veteran giving an explanation . So we wait. jmo .............Buck
    • My C&P Results and why i'm disturbed
      Based on your post, this should be good news, as far as compensation goes.  Once service connected, the VA uses symptoms, and ROM is a key factor.   If you do get to where you can no longer work, then you should apply for TDIU.  However, it may not be necessary if your increases are sufficient to get you to 100 percent without TDIU.   90%, however, is a tough place to be at.   It takes an additonal 50 percent rating to go from 90 percent to 100 percent, because of the fuzzy math.  This, however, may vary depending on how you got your 90 percent.   If you had a combined 94 percent, rounded to 90, then it will take less than if you had a combined 86% rounded up to 90.  
    • Increase of MRSA from 0%-? unknown, having c&p exam on tuesday
      Your effective date will be the date the doctor says the increase occurred, or the date you applied (for increase), with some exceptions.  Many of these exceptions benefit you.  For example, if you apply within a year of exit from service, your effective date should be the date you exited service.  
    • Hypertension(high Blood Pressure)
      I too get 0% for my SC'd HBP.  Controlled with medicine. I'm currently trying to get secondary for heart disease because of a couple abnormal ecgs, etc.. Hamslice  
    • Is this a cue?
      I have not read your file, but, based on your post, yes.  I hope Berta will chime in.  You may be treading new ground on an important legal issue.   The trouble may be, however, by you cancelling the appeal.  Even when a VA employee lies to you, and you base your decision on a VA employee lies, you are still held accountable, but never the VA employee who lied.  If the VA employee were to take the stand, expect him/her to lie again, and say he never told you to withdraw the appeal.  There is almost zero chance the VA employee will ever take the stand against you, in no small part because they do not hold employees accountable.   One thing you could try is reinstating the appeal.  Again, this is new ground to my knowledge.(which is limited).  Berta has a newer VBM and I wonder if it addresses this issue.   If you have a claim and an appeal for the same thing, and they insist you can only have (1) of these at the same time (not true), then cancel the claim, not the appeal as the appeal will yield an earlier effective date.  They tried this same 3 card monte with me!!!  Fortunately, I was represented by a lawyer and Im an avid hadit/elder and reader,  and I did not take the bait.   The ruse is the VA is saying, "Gee, you have an appeal and a claim going for the same thing.  This is redundandt and save us some work by withdrawing one of these"....the implication here is that the other will be approved.  I understand completely why you chose to withdraw the appeal and not the claim, because appeals take longer.  But this is an effective date killer.  VA wanted me to "apply AGAIN for a claim the VA failed to adjuticate back in 2004, when I had already brought that issue for appealate review, and the BVA simply ignored it, as it was not adjuticated AGAIN, but denied in a "rating sheet" that Veterans are not privy to until the Veteran receives a copy of the RBA.  I have NOT withdrawn the appeal, so I posit my claim is still pending.   One way your lawyer may suggest is to simply, as you suggest, CUE the effective date, since you have been awarded benefits.  I dont know if that is the best route to go.  The only way to determine that is to have a great, experienced VA lawyer review your file, and apply the case law to it.  There is much $$ at stake here.   Your's may well be an interesting and precedent setting case for the VA to not try this farce again.  I hope you get an attorney and make em pay.   You and your NOVA attorney should review your file, and determine if you should file a CUE, a 3.156 to reopen, and/or both.  
    • "Blue Screen of Death" at VAOIG.
      Again.   It took at least one Veteran's death. The "Candy Man" kills with a coctail of 14 drugs, including multiple opiates:   This time: WASHINGTON — A Senate investigation of poor health care at a Veterans Affairs Medical Center in Tomah, Wis., found systemic failures in a VA inspector general’s review of the facility that raise questions about the internal watchdog’s ability to ensure adequate health care for veterans nationwide. The probe by the Senate Homeland Security and Governmental Affairs Committee found the inspector general’s office, which is charged with independently investigating VA complaints, discounted key evidence and witness testimony, needlessly narrowed its inquiry and has no standard for determining wrongdoing. Read full story here.SOURCE:  USA TODAY: http://www.usatoday.com/story/news/politics/2016/05/31/senate-probe-finds-systemic-failures-va-inspector-general/85063032/
    • Mental Health C&P
      jlduty, I know I'm only one of a million Vets getting the shaft, but knowing that sure doesn't make me feel any less penned in and segregated from the herd.  Learned this weekend that I now have one less person to talk to, he thinks I talk too much, rambling on, and so forth.  At what age does a son stop seeking his Father's approval? Or is that something that you either have or don't have? I can recall only 2 C&P exams that I felt good about, and they were the 2 that got me bumped up in the past year or so.
    • Sleep Apnea Claim
      Yeah, SA is pretty much a half or nothing, or all or nothing kinda deal.  Which is one of the main reasons the VA probably resists it so much. I think SA or OSA with out Cpap should be 30%, with = 50% and O2 added in should be 70-100%, or  something like that.   Semper Fi
    • Question about NOD wait time after applying.
      Buck; im sorry but inhale to disagree with you regarding 'if the DRO says he will get back to you in 60 days that's not good'. Several factors play out in a DRO hearing. Not all DRO's are the same. My case in point. I had a 'stand in' DRO. WACO told me after speaking to my DAV rep that they are back logged regarding getting a decision. Some hearings go well and they are decided right away. I know for a fact after my hearing my case basically went and sat on a desk awaiting a DRO to review it.  My DAV rep spoke to the DRO who held my hearing and they indicated they are looking at 6-12 months for a decision. i know many years ago you had a quick turn around but not the case for all.    Wayne; unfortunatley you have to go through the process Lima most of us that had a lousy rater. My rater never looked at the evidence. He took this one examiner's two sentence note stating my injuries were not S/C. That foot never even looked at me. This was a medical opinion!  I have the evidence and I have more evidence as well. I got a lot of advice on this site. I chose an informal hearing BTW.   YOU WILL HAVE TO LEARN PATIENCE WITH THIS PROCESS!!! i know you know you should have been rated and most of us are or have been in the same boat   I've been waiting since the day I filed back in November 2014  I did inquire after one year like I stated in my earlier response to you   best of luck!  

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oldman273

What Happens To Deffered Claims After The Award Is Closed Out?

4 posts in this topic

Hello I am in need of a few answers that have me stumped. I just got a favorable descion back on my claim I got 100% P&T but the other issues were deffered for further work. The issues are tendonitis, aid and attendance, Migraines I was sure I had provided all the evidence they needed. The letter also said the education part Chapter 18 benefits were deffered I am sure it is also something I need to send it

I filled out the kids school information and sent in the forms they asked to fill ot along with some surgical notes the VA needed so I guess I am done for a while. I was so used to sitting on this truckload of stress the silence and the nervous energy I used to deal with all of the time it is like somebody moved out on me. Kind of creepy around here but it is a lot better than it was

I am wondering as well if there is a time limit when the VA will go back and look at these other issues? Reason I ask I am moving here this fall out west and once I figure where I will end up I will let my VARO know.

I appriciate all the advice and help you could offer I should not worry about stuff I have no control over but I worry when I have to interact with the VA. Thanks have a good day

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What makes you say that "The Award Is Closed Out"? What does your Rating Decision state? Does it specifically state that issue ________, issue ________, issue _______, etc., are deferred for ______ ?

As for the timeline .... prolly less than a new claim would take but more than you'd like. If you do move before all issues are decided, MAKE SURE THAT THE VA REGIONAL OFFICE HANDLING YOUR CLAIM HAS AN ADDRESS IF THEY NEED TO SEND YOU LETTERS!!! You can also provide a cellphone number, but I'd guess that relatively few attempts to contact anyone by phone are made.

Hello I am in need of a few answers that have me stumped. I just got a favorable descion back on my claim I got 100% P&T but the other issues were deffered for further work. The issues are tendonitis, aid and attendance, Migraines I was sure I had provided all the evidence they needed. The letter also said the education part Chapter 18 benefits were deffered I am sure it is also something I need to send it

I filled out the kids school information and sent in the forms they asked to fill ot along with some surgical notes the VA needed so I guess I am done for a while. I was so used to sitting on this truckload of stress the silence and the nervous energy I used to deal with all of the time it is like somebody moved out on me. Kind of creepy around here but it is a lot better than it was

I am wondering as well if there is a time limit when the VA will go back and look at these other issues? Reason I ask I am moving here this fall out west and once I figure where I will end up I will let my VARO know.

I appriciate all the advice and help you could offer I should not worry about stuff I have no control over but I worry when I have to interact with the VA. Thanks have a good day

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I would NOD the decision to defer your claims before a year from the date of your award just to play it safe.

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Once you reach 100% P&T, you max out monies and benifit's that you can get.

Only other money can get is SMC for loss of creative organ, or something like that.

These other claim's I would still go after!

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