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TravHill

Third Class Petty Officers
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Everything posted by TravHill

  1. Finally received my notification today, I was increased from 20% to 40% for low back pain based upon Range of Motion, and also received a SC for Right Side Sciatica, 10%....combined a total of 46% rounded to 50% for payment purposes. Interesting enough, they also SC'd me (0%) for a back scar due to surgery (even though I didn't not make a claim for that). My claim goes back to Nov 2010....so I will get back pay to that date.....very happy about that. Another interesting item. I was originally discharged from the Navy due to my back issues and received severance pay. The VA has been holding my monthly check until I paid that back. In the decision was a notice that they have audited my payment history and they have noticed that the VA had recouped too much money and that they should have stopped back in Aug of 09....so they are paying me that back as well.....this made my day as that was over $8000 that I didn't anticipate :) Now, I had figured that under regulations I would be rated at 60% due to incapacitating episodes. I had doctor prescribed notes that specifically stated "BED REST". For my C&P exam, they specifically asked about incapacitating episodes....which I answered yes with a total duration of 66 days during the last 12 months....and all notes were provided with my claim to validate my time. However they did not mention/acknowledge my incapacitating episodes in the decision and certainly didn't account for them. My decision states: "The examiner confirmed your diagnosis changed from Intervertebral disc sysndrome of the lumbar spine to degenerative joint disease of the thoracolumbar spine with intervertebral disc syndrome". However both diagnosis still provide for Intervertebral disc syndrome. So my question is....is this a NOD....or a CUE? I am leaning towards a CUE as it seems that they just ignored the provided evidence and did not follow the regulations on rating. Other then this, I am actually happy with the rating! Good luck to everyone else and keep fighting the good fight! Travis
  2. Congrats....and 3 months....WOW, I didn't think the VA could do ANYTHING that fast :)
  3. It appears that your claim was decided on the 13th, and they have mailed that decision to you. As with all decisions, you are allowed to appeal it...for example; I put in a request for my C-File. They handled it as a request for a claim, and when they mailed me the copy, they closed the claim and on Ebenefits, they said that "appeal is possible". I would expect you to get a letter in a few days. Also, if you have a VSO, you can contact them, and they should be able to tell you their decision "informally" before you get the official letter. Travis
  4. There is no one to talk too about updating information on EBenefits. Sometimes they are pretty quick in updating the site....other times they take forever, or not at all. At best, the website gives you partial information, but don't take it too literal. Travis
  5. I believe you are right. Until you get a final decision, all information is still valid for your claim and it should be usable for any appeals etc. In fact, you can continue to add information up to the moment that they make a final decision. Travis
  6. It's certainly not bad, but they can at any time decide they want more information. My claim was in Review stage for 12 months before it went to the next stage. After review, the next step in "preparing for a decision"....however claims can jump back and forth...so it's not always a linear path. Hang in there.... Travis
  7. My claim has been "Gathering Information" for almost 14 months....but I have recently been told (Last week) that a final decision has been made and they are getting a second signature to finalize it. So, 13 months is not unbelievable in the current VA situation (still should be much faster in my opinion)....and since ebenefits is not mandatory to be used/updated...don't believe everything that it shows. Good luck Travis
  8. I was able to get a copy of my QTC C&P exam from my NSO Rep even though my claim has not be finalized. This is how it happened. When QTC bills the VA for the exam, they must attach a copy of the C&P result to the bill, which is accessible through Virtual VA....so if your NSO has access to Virtual VA, they can print the results. I had my results within 2 weeks of the exam. Travis
  9. They are suppose to take into account limitations caused by pain. Simply put, when pain starts, stop bending and tell them it hurts. Can you go further....probably and so could EVERYONE else. It's not cheating, it telling them what your limitations are and it's important that they know that so that they can rate you correctly. Specifically: "In DeLuca, the court held that when federal regulations define joint and spine impairment severity in terms of limits on range of motion, VA claims adjudicators must consider whether range of motion is further limited by factors such as pain and fatigue during "flare-ups" or following repetitive use of the impaired joint or spine." For incapacitating episodes, the criteria is very specific. The treating doctor must prescribe bed-rest. It must state BED REST, not that they recommend that you take it easy, or stay home from work. If it doesn't say bed-rest, then it doesn't count. Good Luck Travis
  10. I wished that the use and input of accurate data was mandatory. I like the idea of a barcode scanner as it would probably save a lot of time. Although not necessary an E-Benefit wish, I wish that if a claim has set in a particular status for more then a certain threshold, that a flag would be issued and notification sent to the team leader responsible for that group. This would allow minimal supervision to take appropriate steps to either get claims moving that may have fallen through the cracks, or at least awareness so that meaningful responses can be provided to claimants when they call and want to know what the hold up is. ....if only we all lived in a perfect world :) Travis
  11. They do seem to view request to view/copy of records as a claim request. In my case, I had submitted by claim back in Nov 2010, had my C&P in Jan 2011 and then requested a copy of my records. A few weeks later, I sent in another IRIS request to cancel my request to copy my record......fast forward to Oct 2011, nothing had been done with my claim. After multiple DAV requests, calls to the 1-800 number and IRIS requests, I was finally told that the "whole hold-up" on my claim was the request to copy my record, that they are extremely backlogged on copy requests and that they fill them in the order received. I immediately told them to cancel the copy request as I had already cancelled it previously. Ironically enough, 3 days later I receive a full copy of my entire medical record! Also for the first time, ebenefits showed my copy request as a closed claim request. I finally see on Ebenefits that they have moved my claim along after another call from my DAV rep....but not holding my breath for a already slow result :) Travis
  12. I thought it was effective on the January payment..... Travis
  13. You can get a copy of the C&P from QTC like this..... a week or two after your exam, contact your local VSO rep. If they have access to Virtual VA, QTC has to attach a copy of the exam results to the bill that they submitted to the VA. Your Rep can print the exam result from there. At least that is how it worked for me and I was able to get my results, I believe, much faster then most. Travis
  14. I'm kinda in the same boat. My claim has been pending since Nov of last year. Recently, they asked for more copies of my medical records. My DAV Rep said "anything over 6 months....and they will want current records. If you can get them faster, go get them and bring them to me....and we will submit them". That's exactly what I did. We also submitted another statement in support of, and another VCAA notice telling them again that this is all of the records that we have....there are no additional records to review....and please consider my claim with the records that you have as of today. Also they wanted latest records from my chiropractor (who I haven't seen since submitting my original medical records) and we told them to stop trying to get additional records from this office as there are no new records to obtain. Also, even though you may have seen your doctor for other issues, but not related to your claim, there is no reason for the VA to have those records. Getting the records and submitting them yourself allows you to remove non-VA related health issues. Travis
  15. .....also, if the C&P exam was done by an outside contractor, they must attach a copy of the C&P results to their bill to the VA. If your rep (such as DAV, or American Legion) has access to Virtual VA, they can print a copy directly from that system and provide to you (this is how I got mine about 2 weeks after my exam). Travis
  16. I wish it was that easy. From personal experience. I filled for an increase Nov 2, 2010. Turned in all information, had C&P early January 2011. Returned VCAA notice that I had no additional information....and via IRIS waived my wait period. C&P exam was very much in my favor, all Dr. notes complete and submitted in a single package.....ll months after submitting, still waiting. Shows that I am still in development phase and cannot get a real answer on what the hell is going on with my claim. No help from VA (on the phone or via IRIS), no help from the DAV rep. I have come to the conclusion that the VA is on VA time, and nothing we can do will speed that up if they want to delay! Travis
  17. DDD can also be rated under IVDS based upon periods of incapacitation which can get you up to 60%....but they are strict with the wording. Periods of incapacitation only count with Dr prescribed bedrest. A note saying not to work is not acceptable. It must state bedrest. Also, if I read the information correctly, IVDS incorporates sciatica and other issues that are part and parcel of IVDS....basically you won't get a seperate rating for other connected issues if you are rated under periods of incapacitation (which is different from being rated under the more general sections of the spine). What I like about being rated on incapacitating episodes is that it doesn't matter what type of day you are having when you are at the C&P exam (I got screwed by having a "Good Day" 13 years ago). Basically, you could bend over backwards....touch your toes and stand on one hand, but if you have doctor prescribed bed rest over the last 12 months, and diagnosed with IVDS, they will rate you in the method that gives you the higher rating. Good Luck Travis
  18. Short answer....yes. You will need to have your new issue service connected as being a secondary issue. Once that is done, you will be compensated for it. Travis
  19. I believe that any vet is elgible for an ebenefit account. My wife signed up for one as a vet with no VA claim. It's easy to do. Apply on-line and visit your local RO for in-person verification. Once that is complete, you should have full access within 24 hours (at least that's what happened for us). Travis
  20. 28 Feb 2011, Seattle RO had: 34,952 Pending 10,033 over 125 days 28.7% not meeting their 125 days processing goal One week later: 34,873 Pending 27,303 over 125 days 78.3% not meeting their 125 days processing goal REALLY.....a 50% jump in a week. God I hope that's just a typo :) Travis
  21. Not sure if this site helps or not https://www.hrc.army.mil/site/Active/tagd/awards/Unit_Awards/unit_awards.htm Travis
  22. If your C&P was done by an outside contractor such as QTC, they have to attach the results to the bill that they send the VA. A rep from DAV or VFW or ..... who has access to the Virtual VA system can access the report and print it for you. That's how I got mine. Took her all of 2 minutes and didn't have to sign for anything. Good luck Travis
  23. Congrats....now relax and enjoy it! Travis
  24. Congrats on your increase......and of course, NEVER give up on what is rightfully yours! Travis
  25. As long as you can get your records in a reasonable time, file now as it establishes your effective date....and the date payments will begin if you are successful. Travis
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