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    • http://www.va.gov/vetapp16/Files3/1619696.txt ^^^^ That is my decision letter from the bva judge. On ebenefits it is rated 10% for brugada syndrome WITH AICD IMPLANT now they didnt rate it correctly i filed a notice of disagreement an idk if she sent it to the DRO or to the other option... how long do I have to wait for them to fix their mistake another 4-5 years!?
    • Hello everyone,
      It is VA clothing allowance time again. For those who do not know, some new rules were introduced last year.   http://www.benefits.va.gov/COMPENSATION/claims-special-clothing_allowance.asp Additional information about how to deliver clothing allowance claims may be found here: http://www.prosthetics.va.gov/psas/Clothing_Allowance.asp The PSAS handbooks can be found here: http://www.prosthetics.va.gov/psas/PSAS_Handbooks.asp The current version of the Clothing Allowance handbook (dated May 14, 2015) found here: http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=3112   More restrictive claims This link was posted on Hadit recently, but here it is again with more details

        It is important to note that the first part of 6b appears to almost contradict itself. First, they state the treating physician "will re-evaluate", but then they turn around and state that an "annual re-evaluation...is recommended". If the VA denies your request because you did not have an annual re-eval for it, then it might be worth reminding them that the re-eval is recommended, but not required, per the handbook. It is also important to be aware of the "Note:" portion. If the VA asks you to bring in actual damaged clothing, then they are breaking their own rules. They state that "For unusual circumstances...submission of pictures is considered sufficient evidence". I guess this makes sense that it could generate a health hazard if a veteran hauls their damaged dirty laundry and dumps it out at the VAMC's prosthetics desk.     A while back, I found a topic here on Hadit where elcamino_77us posted a PDF VA letter stating off the shelf braces no longer qualify for CA because the manufacturers stated "they do not damage clothing". Others on that topic stated they had to bring in damaged clothing to prove it to the VA. Per the rules (6 b), this should NOT be required. The "do not tend to tear and wear clothing" part is important. From talking with the people at my VAMC prosthetics desk, all of the braces they issued have fabric covering the metal and plastic parts and clothing allowance would not be paid for them. Despite what the VA thinks they know about the braces they give us, I can indeed confirm that my wrist and lumbar braces damaged my clothing due to friction and velcro.
    • Also, before 2003 or 2004 all Mental Health was actually considered Behavioral Health. If you write to you NPRC(mine is St Louis), and you ask for medical records they may not show up, try for Behavioral Health Records.  Good Luck
    • One question--- ( I do not doubt you have PTSD , I just want your claim to be as solid as Buck's was) You stated:  " I admitted to behavioral health hospital and the VA inpatient PTSD program." If you mean the 21 day Inhouse program specifically for PTSD, did someone there apply for Temporary 100% comp for you? Did the VA diagnose you with PTSD in those inhouse records? As I recall my husband's PTSD inhouse records were not with his regular VA medical records. Neither were a battery of Psychologial tests he got when his VA psychologist was changed to a VA Psychiatrist. Someone at the Hospital (this was Buffalo VAMC) filed Temp Comp claims for all of the vets in the same inhouse  program with him.They all had PTSD diagnosis already but one didnt and my husband had 30% PTSD SC at that time. It took a few weeks or more  but they awarded all but one vet  the 100% Temp Comp, less any estabished SC for the 21 day stint. My point is that VA might have diagnosed your PTSD during these hospital stays.Did you get any one month  temp comp check for the PTSD program?
    • To add...I see you had 7 deployments but I did not see any specific nexus statement to your stressor in the DBQ. Maybe I missed it but VA will not accept this diagnosis anyhow. The stressor (s) must be as specific as possible, consistent with your MOS, and with a date as close to you can get so that if JSRRC has to attempt to verify the stressor they will be able to narrow it down. If a veteran does not fall into the 2010 criteria ,then VA will attempt to verify their stressor via Joint Services Records research Center (JSRRC) We have considerable info here on stressors and how to prove them. And what Buddy statements need to cover. Many vets have multiple stressors.You only need one verification of a stressor so best to give the one most easily verified. edited to add... the stressor boxes were checked off on the DBQ but nothing was specifically identified as a stressor from what I could see.You will need to expand on the stressor for the claim.  

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Appeal Claim Closed But Not Completed

4 posts in this topic

Appeal decision was made by VARO and appeal was closed. Decision letter was sent stating evaluation was deferred pending Examination. Examination results were sent to VARO so that an evaluation could be assigned.

Was the appeal closed to soon? Or should it remained open until the evaluation was completed.

This appears to me that the clock has stopped and there is no concern for VA to monitor the progress of the appeal any longer.

Your thoughts..

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It sounds like you are quoting ebenefits. Its not reliable BUT, it may be good your claim is closed, if you did the C and P exam. Did you check the AB8 letter? (in E benefits).

That sometimes is the first place it will show for a new or increased rating.

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I am quoting the VA regional office, my VSO, the 1 800 operator, and E benefits.

My VSO says that the deferred evaluation to the grantd claim will fall reviewed in claim order and thr DRO must have time to work the evaluation sheet and process the claim for rating.

My concern is that if it has already taken two months since the DRO received the answer to satifisfy his question needed to rate the previously granted claim, why would it take so long to settle and most of all why is the claim and appeal status being shown as closed when in fact it is still going through the normal DRO review process again.

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There was a recent study that concluded you have a 49% chance of getting a correct answer with Peggy....a little bit worse than flipping a coin. Ebenefits is not better and VSO's are a crap shoot.

Listening to my VSO is what got me into trouble in the first place. While there are good, well trained VSO's, most of those are too busy to take on new Veteran claimants. We are much more likely to get a less experienced (rookie) or even a bad VSO because when we go to make an appointment with a VSO, we often pick the "one that is available the soonest".

If this is a "when will it happen" question, well The VA isnt talking, and my crystal ball is broken.

However, if portions of your claim was adjuticated and other portions deferred, the VARO may well try to "take credit" for a decision and the next rater may also want to take credit for deciding the deferred issue. VA raters work on a points bonus system, and they need to get so much work out a day, and they are always looking for ways to "meet quota".

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