Have You Heard Of This Before?

[navydoc2]

I called the 1 800 # yesterday to check on the status of dependency claim. I was told that they would not start on the dependency claim, until they had all the evidence from my sleep apnea claim; that I submitted on the same day. I have not heard of that before, I've never had to wait for dependency claim; which doesn't have to go to rater. I'm still working on the sleep apnea evidence and will probably not submit all that evidence for a few more weeks. The back pay for my new wife would sure come in handy for the holidays.

/doc

[Chuck75]

Anything to delay a claim. Especially when they can say that they are waiting on the veteran.

I have one "on appeal" for IHD, and other issues. Interestingly enough, the VA electronic file does not show "presumptive" status, even though the "C" file documents an already SC'd presumptive condition and "feet on ground".

(Nehmer, what's that?) Another ??? is that the VA did not mark the "entrance exam" as A.O. exposure & registry, even though the evidence was there in front of the exam giver.

I called the 1 800 # yesterday to check on the status of dependency claim. I was told that they would not start on the dependency claim, until they had all the evidence from my sleep apnea claim; that I submitted on the same day. I have not heard of that before, I've never had to wait for dependency claim; which doesn't have to go to rater. I'm still working on the sleep apnea evidence and will probably not submit all that evidence for a few more weeks. The back pay for my new wife would sure come in handy for the holidays.

/doc

[Veldrina]

The only reason i can see for a delay in a dependency claim is if the rater is already in the process of rating a claim. If i have a claim for 12 + issues (just an example, not saying u do) and someone tells me to give up the file to do a dependency claim, i am not letting go of that folder, because chances are they will not return it to me once the dependency is done, or i will lose what I've worked on. A claim like that would go to the authorizer once i rated everything else & the dependency claim done along with the claimed issues so that you get all your back pay at once. But again, that's just a scenario. I don't know why else they wouldnt just do a dependency claim if it's not with a rater.

Chuck re the presumptive status, some of the newer Nehmer cases are being fast -tracked (dont ask me what this means, i have no idea) but anything nehmer must be handled by the Nehmer specilists in the office. The IHD itself is a presumptive condition & on the rating it will end up saying that, they are just not being done as quickly as the ones that have been on hold for years. And I'm not sure what you are referring to re the entrance exam.

Anything to delay a claim. Especially when they can say that they are waiting on the veteran.

I have one "on appeal" for IHD, and other issues. Interestingly enough, the VA electronic file does not show "presumptive" status, even though the "C" file documents an already SC'd presumptive condition and "feet on ground".

(Nehmer, what's that?) Another ??? is that the VA did not mark the "entrance exam" as A.O. exposure & registry, even though the evidence was there in front of the exam giver.

[jbasser]

The topic needs to be addresses.

First of all there is no such issue as a dependency claim. It is not a claim at all. It is an ancillary benefit that is awarded to a Veteran when the disability meets of exceeds 30 percent based on the title 5 USC. It is a matter of legal precedence.

Explain that to the VA in the form of an IRIS and ask them to process the dependant form since it has no bearing on any open or active claim.

There seems to be confusion on what is a claim and what is not a claim. Anciullary benefits are not claims.

J

Edited January 25, 2011 by jbasser

[Chuck75]

In 2002, the VA evidently used the same exam for entrance & A.O. The exam supposedly had some place on it that noted if the veteran was potentially exposed to A.O. The service records (that I gave them copies of) showed Vietnam service.

But, since I was in the Navy, (Brown & Blue) who knows what they really did.

At the time, I was applying for drug coverage due to the number of drugs I was taking for heart problems. Had I known then what I know now - - -

(And to think that I might been eligible for retro back to the time of open heart surgery in the 80's had I but known then what to do.)

Fast tracked or not, the VA is obligated by court order to submit a list of potential Nehmer veterans to the class action lawyers.

They have (voice conversation) told me that the list they have is questionable as to it's completeness, and are actively asking that any Nehmer veterans who suspect they were not included contact them. (Evidence of VA non compliance)

The only reason i can see for a delay in a dependency claim is if the rater is already in the process of rating a claim. If i have a claim for 12 + issues (just an example, not saying u do) and someone tells me to give up the file to do a dependency claim, i am not letting go of that folder, because chances are they will not return it to me once the dependency is done, or i will lose what I've worked on. A claim like that would go to the authorizer once i rated everything else & the dependency claim done along with the claimed issues so that you get all your back pay at once. But again, that's just a scenario. I don't know why else they wouldnt just do a dependency claim if it's not with a rater.

Chuck re the presumptive status, some of the newer Nehmer cases are being fast -tracked (dont ask me what this means, i have no idea) but anything nehmer must be handled by the Nehmer specilists in the office. The IHD itself is a presumptive condition & on the rating it will end up saying that, they are just not being done as quickly as the ones that have been on hold for years. And I'm not sure what you are referring to re the entrance exam.

[Veldrina]

jbasser: yes, its an ancillary claim. however, if it's connected with a claim that is already being worked on, many raters will want to finish the claim first then hand it over to the post development team. I;'m not saying this is the case, or even standard practice in all VA offices, I'm just saying that is a possible scenario. but yes, it should be able to be dealth with & then sent to wherever else it needs to go with little interruption, and if you have a VSo i would have them actually walk the case over.

Chuck, its not so much non compliance as it is both VA & Congress didnt realize the massive undertaking this would be. Do u know they actually expect us to have the majority of these cases done by end of Feb., and we aren't even at the tip of the iceburg re doneness?

[jbasser]

jbasser: yes, its an ancillary claim. however, if it's connected with a claim that is already being worked on, many raters will want to finish the claim first then hand it over to the post development team. I;'m not saying this is the case, or even standard practice in all VA offices, I'm just saying that is a possible scenario. but yes, it should be able to be dealth with & then sent to wherever else it needs to go with little interruption, and if you have a VSo i would have them actually walk the case over.

Chuck, its not so much non compliance as it is both VA & Congress didnt realize the massive undertaking this would be. Do u know they actually expect us to have the majority of these cases done by end of Feb., and we aren't even at the tip of the iceburg re doneness?

[/quote

Thank you Veldrina. You can really help these folks.

Many of look at the Regional offices with different perspectives. My perspective is a Legal one with a touch of Quality Assurance.

Keep up the good work.

J

Edited January 25, 2011 by jbasser