gwvet90

If you specifically requested any "flagged" records in an FOIA request, would they have to send them to you ?

Thank you all.

What are the rules/reason acceptable for amending a claim? If claim is in appeals is it possible to amend the claim to include another condition?

I didn't see this on here yet, maybe I just didn't see it? This link is from Watchdog - Discovery channel did their own investigation on GW illnesses & radiation. All Gulf War vets should watch this !!! http://www.vawatchdog.org/07/nf07/nfAUG07/nf082207-1.htm

Hi, thanks for all your replies. Turns out C&P is for another issue. I had sent in copies of tests along with my form 9 - going straight to BVA. So RO apparently is "reconsidering" - their denial & decided that they need yet another C&P...... 3rd one on this issue......

I got a phone call from C & P to set up an exam. I don't know what it could be for, so I'm wondering, Does an FTCA lawyer ever order C & P exam?

Well they read my husbands file - that's for sure ! Searched it high & low - for any time a claimed issue wasn't complained at the Dr or not reported at every appt. & used that for a reason to deny, then said all the times issue was complained about it was "inaccurate information given by you" - . Example - claimed IBS should be at 30% higher elevation due to Diarreah. Had claimed diarreah in the original claim - listed on several SSC & in medical records along with test. However - on SOC they said because it wasn't claimed on the SSD application that he didn't have diarrhea & didn't get the higher rating ! I would love to send the SOC to a higher authority so they could see , in black & white , the abuse and disrespect of the RO. So much for the vet being treated with respect ! Does anyone have any ideas who/where to send it? The claim is going to be held up for years anyway .....

john999 - it was not a face to face just DRO review - but it was definitly not a cut & paste, very specific, disrespectful & demeaning. rdwg - I sent you a message. I have to agree with fla_viking - use your own judgement based on your experiance with your particular RO - some are good, some are dead ends - which is why it is divided here on which is the best route to take. Everyone here wants to help & gives you their best advise on what worked best for them. Clearly all RO are not created equal ! Does anyone have that link to post here with the RO stats ? I can't find it.

How soon after filing form 9 does your folder leave the RO & go to D.C.? If there is no hearing reqested does it get sent right away? Or do they waiting until it is close to time for the BVA to look at it? Do they send you a notice?

We did the DRO - after nearly a year - got decession = all denials & a very very rude SOC that disreguarded their own C&P examiners diagnosises. We just filed form 9 box A - no hearing - just have BVA review. Along with it, we sent in copies of 8 tests done & ask they be considered "new & material" evidence - as the SOC said " there is no proof of any test ever being done & the C&P examiner based his diagnosis on inaccurate information given by you" - Quite frankly after being accused by the RO of lying to the Dr - & the RO discrediting their own Dr's diagnosis, we wanted no further dealings with the RO. That is our experiance so far - it really depends on the RO you are dealing with as to what your next step should be. Some RO are dead ends & you never get a proper rating, others are much much better. Look at the RO stats - link was posted here a while back...... Our RO was one of the very lowest rated for satisfaction, & highest for denial - yet very low for volume of claims. That combined with our experiance with them told us it was best to get our file away from that office.

I know it's hard Rocky - we're still in a "low" from all the denials we got. It takes a while to bounce back - but your claim is valid & you have medical evidence to prove it & YOU WILL WIN ! Waiting it out is tough, but you will succeed. At a minimum - with 60% you should get UI. Maybe the other claims are still being rated & your service officer only had the info on the increase right now..... I hope when you get the brown envelope it will have some great suprises for you.

Berta said " forgot to mention- the BVA web site might give you a good idea of what the VA is willing to offer as to the disability that the VA caused you-" How can you find this? Thanks

Thank you Berta, So I should send all the VAMC records as well as private? RC got the whole c-file - are they only concerned with the claimed issue, or do they look at all the other S/C claims, treatments, SOC, letters back & forth....... Or do they just look at the 1151 issue I hope we don't have to go thru what you did either ! One big thing I learned here at hadit - get the records before filing..... So RC can get the 1151 approved?

Called RO checking status of 1151, but all they showed was claim for increase on a S/C issue that was at appeals??? They already sent denial & SOC on that issue nearly 2 months ago & I had just sent form 9 the day before the call - so they couldn't have gotten it - (though I'm sure they were expecting it.....) Is it common for the appeals team to continue making decessions on a claim they have already denied, before a nod is received? I know the 800 # just look at screens & this may not be accurate info.... Would it have anything to do with filing a FTCA claim ? Maybe a superior looked at it & knew it was wrong & wants to correct it before higher ups see it? Has anyone else had this happen - or is it "more likely than not " that the 800# was incorrect?

I called RO check status & they said 1151 was in suspention & c-file had been sent to Regional Council - they had jurisdiction.... Called R/C - (they were very nice) -said they get the file back to RO usually in a week. 1.) Once RO gets c-file back - will they proceed on the 1151? Or do they keep it suspended pending outcome of FTCA? (Our RO & RC are in different states)

Hi Cheif, We filed 1151 for similar condition. We had just filed NOD for other S/C claims when we filed the 1151. They sent a letter that the appeal would be on hold while they worked on the new claim. We just got the decesion on the appealed s/c claims (denials of course.....) but still waiting on initial 1151 decesion. Since we had just sent the NOD 1 month before the 1151 - I don't think it slowed the process on the appealed claim by much - but if your appeal has been in for some time - and you are in a hurry - I'd wait to file . If your not in much of a hurry - or if your NOD was receintly sent in - then you should go ahead & file to get your earliest effective date.

Thanks to you both. I sent SF95 directly to RC. Didn't send thru RO. It's been about 3 weeks, just wanting to know what to expect next. Thanks again.

What about pain - If there is no function except propulsion - so it is basically a prosthetic - He "should" be rated SMC L but then also has sever nerve pain/damage - is that rated seperatly?

Thanks Berta, I wasn't sure if they would send a letter similar to the VARO like "we have received your claim for xxxx" We got the address & sent it directly to RC not thru the VARO. How soon would you recommend calling after mailing the SF 95? Happy Holidays!!!

After filling a FTCA - how long until you should get some sort of acknowledgement that they received your claim? What type of correspondance should be expected?

Ditto..... Thanks to all of you. While the GW Vets do still have quite fight with the VARO to actually get approved - atleast the laws are establised & we will eventually succeed with our claims. These laws would not be in place without the Vietnam Vets forging the way.

Irritable bowel is included in 1 of the symptoms of CFS , but both are seperate presumtive conditions - If you have both, does the VA rate for both seperatly? Or if you have both, does the VA lump IB in with the rating for CFS?

Do I need to tell them I have a 1151 in process or will they already know? Or does it make a differance at this point since neither has a decession yet....

Also - filling out the FTCA - on 8 & 10 should you use your name & refer to yourself in 3rd person - or just say "I" received improper care "I" suffered addition....

1.) Are FTCA awards taxed? 2.) If you were awarded 1151 at 100% (or SMC) , but you don't get paid due to FTCA offset - would you still have the other state benefits of 100% ? Or are there even state benefits at 100% w/1151 ? State benefits I mean - like lower property taxes, car tags, state park pass, etc.. Thanks for all you input.