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htforjc

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Hello everybody, I have asked for an increase on one of my disabilities that was rated a 0% in 2006. The VA received my claim for increase on 3/18/2013 with medical evidence. The original claim completion date was 1/13/2014 to 7/9/2014. I now have an updated claim completion date of 9/28/14 to 3/30/2015. The VA further states that they never received my 5103 waiver. I contacted the VA at the 1-800 number in July 2013, the day I received the notification about the 5103 waiver. They basically said it is just a form to see if I had anymore evidence to send in. I stated that I have already sent in everything. The lady at the VA 1-800 number stated to me that she could take my statement over the phone saying I have no further evidence to submit, and to go ahead and process my claim. This took place in July of 2013. Now, e-benefits is stating that they have never received a reply from me in regards to the 5103 waiver...which is posted below. I contacted the VA today at the 1-800 number and the person states that they have in the computer my statement from July 2013 stating I have no further evidence to submit and to process my claim. So, now e-benefits has backed up my claim completion date, and saying that my claim needs further review. I received a letter from the regional office (RO) today saying the average processing time is 9 months, and they apologize for the delay . I am now over 12 months and counting, with my claim showing gathering evidence. I don't see how the VA is going to meet their processing goal by 2015 with this kind of lackadaisical work ethic. Any ideas/thoughts in regards to all this. P.S. I am sort of new here and this is my first post.

Claim Received: 03/18/2013
Claim Type: Compensation
Estimated Claim Completion Date: 09/28/2014 to 03/30/2015

Contentions: hype

hypertension (New)

Claims Status Process

Change of Status: We determined that your claim needed additional review. If additional evidence is needed from you, you will receive a letter from us explaining what is needed.

Next Steps:

We will review all available evidence and make a decision on your claim upon receipt of all requested information as outlined in the headings, "What Do We Still Need from You?" and "What Have We Done?".

Several factors will determine the duration of the "Development" phase, including:

  • type of claim filed
  • number of disabilities you claim
  • complexity of your disability(ies), and
  • availability of evidence needed to decide your claim.
Additional Details
  • Your Designated Power of Attorney

    AMERICAN LEGION

  • Regional Office of Jurisdiction: help_icon.gif

    Montgomery

  • Send Documentation To

    Department of Veterans Affairs Regional Office
    Regional Office
    345 Perry Hill Road
    Montgomery, AL 36109

What Do We Still Need From Others?

This is a list of all items that have been requested from 3rd parties.

Items From Date Requested Due Date help_icon.gif Follow-Up Dates help_icon.gif 03/17/2014 05/16/2014
What We Have Never Received from You (solicited)

This is a list of items that have never been received from you and that have been closed.

Items Date Requested Date Closed 5103 Waiver Review 07/01/2013 03/17/2014

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Sometimes I think EBENEFITS AND Peggy (the 800#) are in cahoots.

You might get a more reasonable response with an IRIS request.

Go to www.va.gov and click on the Contact Us Button,then on the Ask a Question button.

You will be redirected to IRIS.and then find pop down menus for the type of question you are asking.

I always prepare my question in Word or OOO program and copy and paste it into the IRIS area.

I suggest getting an email response and not a phone call reply.

By phone VA can say anything. Email gives you documentation of their reply..

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Im with Berta, a while back I could not get a straight answer. So I submitted an IRIS weekly for a month, finally my C&Ps were scheduled and my case started to move.

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Thanks for the advice Berta. I did submit an IRIS inquiry which I received a reply back stating that they have contacted my regional office for verification of my claim status. They further state that once they receive a reply to their request , they will contact me via US mail to advise me of their findings. The weird part of this process was that I wanted them to contact me by email, and when I put my email into IRIS it said that this email already exists...because it is mine from a previous inquiry. So, I had to submit my home address for correspondence reply's...ugh!

Navy04...that is hilarious! I just might have to start sending an IRIS weekly myself. I Thank you both for responding with such good advice. I will respond again when I hear more back.

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Update: I received my C&P exam on 4/9/2014. I'm currently taking medication for hypertension and the VA took three readings which the doctor averaged to be 146/102. I was serviced connected with a 0% rating for hypertension in Aug/2006 with readings of 122/98, 126/96/132/94, 138/100, 130/96/, and 124/92. I was not on blood pressure medications at that time. I checked ebenefits today and my claim showed complete on 4/17/2014. I checked my Ab8 letter and it is the same. I guess this could mean several things, (1.) they denied my increase, or (2.) they have not updated ebenefits. I know I will be getting the brown envelope within 10 days which will give me my answer. With my AB8 letter not showing an increase, it makes me think they possibly denied my increase. I'm also thinking with Easter this weekend and my claim showing closed on 4/17/14, maybe a lot of VA folks took Good Friday off and they did not have time to update my AB8 letter.Does anybody have any clues or thoughts...oh, and Happy Easter to everybody!!!

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Update: I received my C&P exam on 4/9/2014. I'm currently taking medication for hypertension and the VA took three readings which the doctor averaged to be 146/102. I was serviced connected with a 0% rating for hypertension in Aug/2006 with readings of 122/98, 126/96/132/94, 138/100, 130/96/, and 124/92. I was not on blood pressure medications at that time. I checked ebenefits today and my claim showed complete on 4/17/2014. I checked my Ab8 letter and it is the same. I guess this could mean several things, (1.) they denied my increase, or (2.) they have not updated ebenefits. I know I will be getting the brown envelope within 10 days which will give me my answer. With my AB8 letter not showing an increase, it makes me think they possibly denied my increase. I'm also thinking with Easter this weekend and my claim showing closed on 4/17/14, maybe a lot of VA folks took Good Friday off and they did not have time to update my AB8 letter.Does anybody have any clues or thoughts...oh, and Happy Easter to everybody!!!

Welcome aboard, shipmate!

Couple quick points:

* eBenefits almost never correctly tracks what you submit. Can't believe that portion of the site for anything. If in doubt, contact the 800# or better, send an IRIS request for information. In the three claims I've had processed, only the last one actually acknowledged on eBenefits that they received anything....the other two just stated that the requested information was not received.

* The expected dates of completion within eBenefits are completely spurious. Can't trust them for anything.

What you do get out of eBenefits is a good idea of where your claim stands in the rating process. You also get a good look at the overall rating change when the change occurs. I have to tell you, having been there, that if your AB8 didn't change, there's a strong possibility that it means your rating didn't change, especially if the expected change in rating for an individual condition would have changed your overall combined rating. The AB8 pretty much gets updated right away in my experience. If you started from a combined rating of 0% or 10%, then you're probably denied. However, if your combined rating was higher, there is VA math involved and at some point, 10% won't round out enough to push you to the next higher combined rating. That happened to me once during the Christmas holidays and I went bananas waiting for the package, only to find that tinnitis was approved at 10% and nothing else. Hadit's calculator is really good if you need to test some numbers - http://www.hadit.com/service_connected_disabilities_rating_calculator.php

A quick look at 38 CFR 4.104 shows that your C&P should have brought your initial 0% for hypertension up to 10% since your diastolic pressure was over 100 and requiring medication for control.

Diseases of the Arteries and Veins

7101 Hypertensive vascular disease (hypertension and isolated systolic hypertension):

Diastolic pressure predominantly 130 or more - 60

Diastolic pressure predominantly 120 or more - 40

Diastolic pressure predominantly 110 or more, or; systolic pressure predominantly 200 or more - 20

Diastolic pressure predominantly 100 or more, or; systolic pressure predominantly 160 or more, or; minimum evaluation for an individual with a history of diastolic pressure predominantly 100 or more who requires continuous medication for control - 10

Might be time to start considering a NOD if you're certain this condition's rating increase was denied based on your overall rating not changing. Of course, you'll need the big envelope to arrive first so you can understand what the decision was and how the RO came to that conclusion.

Oh, in checking your original post, looks like the American Legion is your VSO. I'd contact your NSO and ask what happened; he/she should know.

Happy Easter!

Edited by TiredCoastie
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I used the had it.com calculator and if I add 10% to it...it takes my overall rating to 67.195. I believe that should have rounded to 70%. So that leads me to think they denied my increase for hypertension, which does not corolate to their own policy in rating of Diastolic pressure predominantly 100 or more, or; systolic pressure predominantly 160 or more, or; minimum evaluation for an individual with a history of diastolic pressure predominantly 100 or more who requires continuous medication for control - 10. My average BP readings at C&P exam with medication was 146/102. I'm at a loss right now, but will take your advice and contact my POA (American Legion) to see if they can offer some insight to this. Blessings to everyone on this beautiful Easter Sunday!

Edited by htforjc
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