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Julie1975

Second Class Petty Officers
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Posts posted by Julie1975

  1. Thanks for all the replies. I keep staring at the four monster stacks of paper as if somehow it's all going to read itself. lol

    I did thumb through it initially and found an old piece of paper with scribble marks on it. Looks like when I was med-boarded on AD (I was returned to duty so never received a rating) they scribbled out my ratings on this piece of paper. Some items that they were going to rate me for back in 2011 were found not service-connected when I received my initial rating in 2014. Interesting indeed!

  2. Thanks Julie...I hope mine doesn't take that long! Seems some people are receiving their pay before the letter gets to the house! Was yours split between DFAS and VA?

    And BTW,

    Does anyone else have any questions? I'm in the middle of this process and it's looking ok. I can give advice on what I did

    I hope they've perfected the process in the past few months but don't hold your breath. I received a small deposit initially but the majority of the retro had to first be audited by DFAS....then sent to the VA to pay out. The VA is usually the slow-poke in this process. After two weeks I called DFAS to ask how long it would take to perform their audit. To my surprise, the VA had never sent my information to DFAS so I had to fax my award letter to DFAS. Then...I inquired with the VA at least once a month asking for a status on my retro. It wasn't a pain-free process but I think staying on top of things helped move it along.

  3. I received a phone call from the Houston RO last week stating I will be set up for C&P exams for my pending NOD and that my C-file was being sent. Yesterday morning someone called to verify my availability for the exams and said I would have the exams scheduled NLT 12 June. :D. Then...my husband came home from work carrying this huge box asking what the heck the VA sent that was so heavy and big. Low and behold it was my C-file that was requested last year. The entire file is very overwhelming. It has a lot of duplicate information (probably my fault) and it was four huge reams of paper, double sided.

    Small success and seems like my NOD is moving right along. So far I've been impressed with the Houston RO. My initial claim went through St. Louis and other than scheduling the C&P with QTC, I had zero communication with the VA.

  4. OMG,

    I'm seeing in other forums that getting RETRO pay as a retiree takes a long time. Is it still taking many months to get RETRO? Do they actually split it between DFAS and the VA?

    Not sure if you saw my reply above but my RETRO pay took two months to receive the full amount.

  5. Congrats! I retired the same date as you (Dec 2013) but received my rating in October 2014. My backpay was retroactive as of my retirement date. It took them about two months to pay out my backpay. I am over 50% and get two checks each month: retirement from DFAS and disability from VA. I was AD with over 20 years and over 50% rating. Here's a link from DFAS that explains concurrent receipt: http://www.dfas.mil/retiredmilitary/disability/crdp.html

  6. "go against their own hired C&P examiner,"

    Julie, do you mean they ...(the raters) went against a favorable C & P by substituting their own non professional medical opinion?

    That is NOT supposed to happen at all.

    Then again, the VA recently went against a top VACO cardio opinion to deny my 1151 HBP claim.

    The opinion from VACO already had determined this HBP factor was malpracticed on and contributed to my husband's death.

    They reversed their denial right away but have failed to release to me any info on what type of 'medical' person did this ridiculous opinion and they have not sent me a copy of it yet.

    The award letter contains the bogus opinion so I guess I am stuck with that and wont get a copy. (That is the VA is stuck because I contacted the OGC and the local RC on it. And unless they fix their other bogus award/denial I will gripe about this some more to anyone who will listen.I sure griped to the Under Secretary already.Quite a bit.

    I hope some national reporter will try to obtain under FOIA, the emails that have been sent to Sec Bob and to Ms. Hickey because they show the true picture of the BS we have to deal with.

    The emails can be redacted by the VA I guess for privacy concerns, but I bet Congress would be interested in them...or maybe not...yet it is a clear waste and abuse of taxpayers money, to know how deficient the ROs truly are.

    But not in every case..... and who determines who gets screwed at the RO level?

    I sure wish I knew.

    Berta,

    I can't help but think maybe I'm missing something because on all my nerve claims (bi-lateral carpel tunnel (median nerve) and lower left radiculopathy (sciatic nerve) the rater put the same statement on all three of these items "although the examiner reported moderate symptoms, your wholly sensory symptoms are more suggestive of a mild severity for VA ratings purposes".

    Now I've searched and cannot find a VA definition of wholly sensory but as I stated in another post irt the median nerves the examiner noted that during the exam I had positive Phalen's & Tinel's sign (both sides). He confirmed paresthesias/dysethesias in both extremities and a decreased sensation during light touch at that nerve. I also had a nerve test (a few years ago) confirming CTS (but not the severity).

    For my Sciatic nerve, the VA hired C&P examiner noted a decrease in sensation in my left ankle and toes, parethesias/dysesthesias was moderate on the left and included numbness. (half my 1,000 pages of medical records cover my back and sciatic nerve pain and I had 35 medical visits/procedures/ER/Surgeries from 2010-2013 related to this issue).

    So I'm not sure if I'm just too close to my issues to fully understand "wholly sensory" or if the VA missed the mark on this one.

  7. It is not the BVA's fault that there is a backlog..It is not the fault of us claimants. It is the fault of the ROs and their inadequate and

    often 'pick and chose' methods and their downright defiance of 38 CFR 4.6 in many cases.

    When I received my BBE most of the RO's explanations were vague, incomplete, or inaccurate. I had a lot of claimed conditions along with over 1,000 pages of medical documents. Left me feeling that if the RO would have taken a little extra time, I wouldn't have to file the NOD. If they are going to deny a higher percentage or go against their own hired C&P examiner, they should provide a more thorough explanation. Rating accurately the first time out the gate would save everyone so much time and stress. I know there are many factors involved such as timelines etc and I feel for the ROs who have to haphazardly pump out decisions but In my old job (HR) if I were going to deny a request, I would darn well make sure I could back it up and explain my decision.

  8. Thanks for sharing Julie! The last paragraph in your assessment is what my confusion is over. "The examiner reported moderate symptoms...but your sensory symptoms are more suggestive of a mild severity rating." How do they determine the severity rating as being mild if the rating examiner determined you had moderate symptoms!? I guess I'll throw my fully developed claim at them and see what happens. Thanks again for sharing!

    You're very welcome! I'm appealing my CTS because that comment also confuses me. When I read my C&P I had a completely different idea of what my ratings would be when compared to 38 C.F.R.

    As far as symptoms, during the exam I had positive Phalen's & Tinel's sign (both sides). He confirmed paresthesias/dysethesias in both extremities and a decreased sensation during light touch at that nerve. I also had a nerve test (a few years ago) confirming CTS.

    I personally think I'm confused on what "wholly sensory" means. I see that phrase a lot but can't seem to wrap my simple mind around it. Good luck on your FDC! If my NOD is ever resolved, I'll definitely post up the results.

  9. So, if rated for moderate, my dominant hand would be 30% and non-dominant would be 20% correct? Using VA math that comes to about 48% with a bilateral factor, rounding up to 50%. Would that be correct?

    I believe that is correct. If it helps I've copied/pasted the VA's explanation for my 10% each *left and right* CTS (median nerve). The verbiage is the same for my right (dominant hand) but instead of "a higher evaluation of 20", it says "30". There is a bilateral calculator out there somewhere that will do the math for you.

    "We have assigned a 10 percent evaluation for your carpal tunnel syndrome, left hand/wrist

    based on: . mild incomplete paralysis of the minor extremity

    A higher evaluation of 20 percent is not warranted unless the evidence shows nerve damage

    is moderate.

    You claimed this as: carpal tunnel syndrome hand and arm. Although the examiner reported

    moderate symptoms, your wholly sensory symptoms are more suggestive of a mild severity

    level for VA ratine purposes."

  10. I get anxiety every time I go to a routine doctors appointment. After many surgeries, hundreds of doctors appointments, many days of quarters, some specialists being uncaring jerk faces, and all the painful poking and prodding I am always concerned about any exam, including VA exams. For someone like me with back and nerve pain, it's murphy's law that the one good day I have out of the month would be the day I go to a C&P. The last doc for my general C&P was a competent doctor but....I had to remind him to perform a ROM. Although THAT day definitely wasn't a good day, they had to help me off the table.

    I agree Broncovet, it would be nice to know which was is up and down. After receiving my initial rating, I applied for an increase on some conditions as well as a few items that were recommended in my award letter....after three months I noticed another item added that I did not request: my Pain disorder w/insomnia was added to my claim as "NEW". Thought that was strange since I'm already rated for it and am not disputing that particular rating. It leaves me wondering if they are going to decrease, increase it, or something else.

  11. Julie1975

    Have you tried calling 1-800-827-1000 to check on the status of your clam?

    Did you file a FDC claim? If you filed an FDC claim, when you call the 1-800 number, ask if they are still showing your claim as an FDC claim or a standard claim. If it was changed from an FDC claim to a standard claim, it will take longer to be processed.

    Regardless of whether your claim is FDC or a standard claim, if you do not get a reasonable response from the 1-800 number, you should email Undersecretary Hickey and request assistance from her to get your claim moving.

    Her email address is: allison.hickey@va.gov

    Undersecretary Hickey has helped a lot of veterans with their claims. Since you are in to your 6th month since filing your claim, you should have heard something by now. I hope you have proof (green certified return receipt card, etc.) of your claim being received by the VA.

    Good luck.

    GP

    GP,

    I "re-opened" some (8) items on eBenefits and am still within my one-year appeal period of my original award decision date (Oct 2014). I can see my entire case and everything I've uploaded in Benefits (along with some NEW (5) items added at the suggestion of the VA).

    I've also submitted an NOD to my original claim. I had to mail in my NOD and yes, I have the green cards from both my RO and the Intake Center where they signed for my NOD. :)

    I'm not sure if they will cancel out my re-opened items once they see I have an NOD for some of the reopened items. I submitted an IRIS inquire so I'll give them a month to reply then I'll email Ms. Hickey. I feel like I'm pretty early into this so don't want to bother her for a five month old claim when others have waited years. I'm hoping they decide my claim soon, so I can cancel the NOD.

    Thanks for the info! You always provide sound advice.

    - Julie

  12. Keep pestering them through IRIS and/or Peggy (the 1-800 number) and if you don't receive an answer, ask them to elevate it to a supervisor. This seems to be helpful for me when I receive a "canned" response from the VA.

    I took the advice of some on this forum and sent to both my RO and the Intake Center. I'll be honest, I was extremely surprised when I saw my NOD updated in eBenefits so quickly after mailing my package. I expected to have the same issue you're having right now. The VA has informed me (through IRIS and my initial rating letter) that the NOD is mailed to the intake center. I've also read that if you mail to your RO, they have to send it to the Intake Center to be scanned in which adds more time to the process; hence why I sent it to both. Hopefully you kept a copy of your NOD. If it were me, I'd re-mail it to both the Intake Center and your RO (again).

    I find it frustrating that the Intake Center or the RO doesn't have an efficient tracking system for the mail and faxes they've received. I've worked in an environment where we track hundred of thousands of paper documents and there was always a tracking system available. This is another example of a poorly managed process.

  13. For me, this is a mini-success. I'm appealing some items on my original claim and finally mailed my NOD to both the Houston RO and the Intake Center. I've faxed a couple pages to the Intake Center previously and even though I paid for delivery receipt, the Intake Center claimed they never received either item. It wasn't until two follow-ups and three months passed that they added the items to file...and this was for a two-page SISOC and a one-page C-file request.

    I mailed off my NOD (pretty thick packet) March 4th, certified mail, and received a letter last week from both the Intake Center and Houston RO that my NOD was received. Someone even updated my appeal status in eBenefits. Good to see small changes which, in my opinion, make a difference in my sanity. I really expected to wait two or three months with many followups before receipt was even acknowledged.

    Hope everyone has a good day.

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