USMC5811

Have you checked your AB8? (under Download Document Tab) Not saying this always happens but my claim went through the same things your seeing....forward..then back...forward and back....did not show complete, but I checked the AB8 just for the heck of it and it showed an updated percentage. I received the big brown envelope yesterday and retro hit bank today....ebenefits is still showing gathering evidence....have some contentions that were deferred.

Thanks Everyone - still trying to take it all in.

Well seeing how this is an "award" in a sense, I hope you all will bear with me while I jump up on a soapbox and give an acceptance speech........ Thank you Lord! Thank you T-Bird, once again for starting hadit.com and keeping it going all these years to help thousands of fellow vets and their spouses/family members. Thank you to all the elders, especially Berta and Carlie, for all the help you provided to both my husband (retired vet) and myself (a vet) that made this award possible. Thanks to my fellow vets that also answer questions and help to keep the morale up for me and other vets while we're waiting for a decision. Could not have done it without all of you. Thanks to whoever is inputting info on ebenefits at my RO for doing their job - not only accurately, but timely. Now I'll get down off my soapbox before I fall on my a$$...... WooooooHOOOOOOO !!! Got the Brown Envelope today which reflects 100%+ effective date July 1, 2011 with a few contentions still deferred. Checked banking account and retro will be available tomorrow. Definitely a life changing event and an emotional one.....one minute I'm wanting to dance, as best I can, around the house, the next I'm in tears...... To my brothers and sister vets out there....NEVER GIVE UP! and.....thanks again!

I did not use a form when I requested mine....just sent a letter and received mine from RO in less then 10 days. Every RO is different as far as speed in sending things out though. Here is what I sent: Date RO Address Here RE: Request of copies of all C&P exams/reports – Privacy Act, 5, USC, 552a To Whom It May Concern, This is a request under the Privacy Act, 5, USC, 552a for copies of all C&P Exams/reports pertaining to my current Compensation Claim. In an effort to assist with your search for these records, I am providing the following additional information about myself: Name: Service Number: DOB: If you deny this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of appeal procedures available to me under the law. Thank you for consideration of my request. Your name Full Address Phone Number NOTE: I also wrote on the outside of the front of the envelope in bottom left hand corner: Privacy Act Information Request The reason I added the notation to the envelope was to assist the VA Mail Room in sorting such requests - did not want to have it put in my file and just gather dust. Worked for me:)

Thanks broncovet and meghp0405. Definitely not believing anything until the paperwork is in hand. Heck I can't even get a return phone call from my VSO (VFW)....have not seen or heard from him since day 1 of all this, not from a lack of effort on my part......I have as much chance of talking to him, as eluding as he's been, as I do talking directly to the VA rater handling my claim. I really need to put in the paperwork to remove them as my rep...and will after I receive a decision - hadit.com and its vets have helped me throughout.

I've filled out the survey that either pops up or appears on the first page of the ebenefits page more then 20x over the last 19 months......the pop-up one does not have as much space to write as the one usually found on the first page when you enter ebenefits. I use that to suggest fixes, give KUDOS or point out that info listed is wrong. Not sure who gets to read them...whether it's the tech's of the site or a tech from the RO but most of the errors were fixed pretty quick. Data entered is only as good or reliable as the person entering the info....I've made more then a few typo's etc mistakes just trying to type this:)

Sorry that's just screwed up, but too funny - male veteran getting 50% for a hysterectomy. Must have had two files on his desk, pretty sad that it got through checks without it being caught. I thought there was a female vet who posted not to long ago on hadit.com that said they never rated her for her hysterectomy...maybe that's where her rating went?

Happy for you MarkInTexas.....hard not to get at least a little excited when you see any movement after watching month after month as it collects dust. At least when you see movement....you get the feeling they have not lost your file or forgot about you. Hope it continues to move forward for you....you've been waiting a long time. Just out of curiosity are you more nervous or anxious now about the possible rating now that it shows in prep phase then you were when it was in the gathering dust phase? I was...and am:)

Thanks Chuck....I did print a copy and save a file of each on microsoft word. I'm figuring they will realize their mistake eventually in reference to the percentage - already have access to exchange, commissary, TriCare etc through husband's 22 year retirement. Heh...we are all human and make mistakes..... No matter how this goes in reference to an error or not....I really have to thank T-Bird for starting hadit.com and keeping it going..she's definitely a god-send, all the Elders who freely give of their time, experience and expertise in answering questions and all my fellow vets here on hadit.com that also help. The thing I missed most about leaving the military was the comradery.....whether stateside or in a $hitstorm. Spent years as a member of the "thin blue line" = law enforcement and although they are a tight group...the comradery was not even close as it was in the service. I found that feeling of comradery again here on hadit.com....I've learned so much that I've been able to help other vets in my community and sometimes even on hadit.com. Just had to say thanks to ALL!

an AB8 letter change BEFORE the status shows completed? That is what I am seeing right now - the AB8 letter shows a change but the status moved from Decision Approval back to Gathering Dust Phase. Claim received by VA in June 2011 C&P's completed in early March 2012 Results of C&P's received in April 2012 Sat in Gathering of Dust phase until May 2nd - move to Review of Evidence Requested copy of C&P's for me to review July 2012 and received them within 7 days Back to Gathering of Dust Phase Mailed DBQ's to rebutt C&P's in August 2012 Back to Review of Evidence after VA received them in the middle of August 2012 Back to Gathering Dust in September 2012 Prep for Decision last part of December 2012 Pending Decision Approval Jan 7, 2013 Reset Pending Decision Approval to Jan 8, 2013 with a annotation right below the phase - stating that after a second review, VA needs more evidence and will be contacting us. AB8 shows blank now for % = just the % symbol and nothing else there QTC calls Jan 9th stating VA wants pictures of scars. Jan 10th - pictures taken by QTC and reportedly sent to VA digitally Jan 17th went back to Gathering Dust Phase Jan 18th still in Gathering Dust Phase but now AB8 shows.....drum roll please.....100%. AB3 letter shows "total disability is permanent not scheduled for future exams" and DD1172 letter is also there (already have commissary and military ID card - husband 22 years retired). To be honest I was taken aback at seeing the AB8 letter and the percentage and am thinking that "Peggy" changed the information just to mess with my head - I actually laughed and pictured "Peggy" doing just that. I won't believe anything until I see the letter in my hands and/or the money in the bank. Did not put in for IU...don't think the contentions would add up to 100 (scheduler) rating with VA Math even though there are more then a few of em and still working though hanging on by a string. Only time will tell........

Congrats Lady Sailor and thanks for letting us know how long it took for you to get retro!

I can answer what the R23 Code means.....R23 is a ACH (Automated Clearing House) Return Code for electronic funds transfer. When the card you were using denied the funds because they don't accept government deposits - the funds were electronically sent back to the VA/Treasury using the R23 ACH return code.

Did your DAV rep tell you what the decision was???? as in percentage? As far as ebenefits information goes - It really does depend on which Regional Office your dealing with. While my RO (Winston-Salem) has been pretty good with updating information on ebenefits and other vets report theirs are also, regretfully more then a few vets on here have stated that their RO's have not been updating information on a timely basis. You just might get the retro in the bank and then the Official Letter in the mail, before you see a change on ebenefits. So keep an eye on your bank account....that is if VA found you service connected and gave you a percentage other then 0% and not a denial. As far as VA withholding a month pay - Say your effective date has been determined by the VA to be the date the VA received your initial claim. Let's say that date is September 10th or 20th or whatever day, 2012. You will not receive any retro funds for September 2012. Your effective payment date for retro (back pay) will be the 1st of the following month = October . You will be paid retro from November 1st to whatever 1st of the most current month they pay you for - say January 1st, 2013. You should then receive timely monthly payments there after ie., Feb 1st, March 1st etc. Now if you are a 20+ year retiree and qualify for CRSC or CRDP, you should expect a longer wait for retro/payment because it has to go to DFAS for review, then back to VA. Some have said it can take as "little" as 90 days and some retiree's have waited much, much longer to receive their retro. Congrats Add!

I don't have personal knowledge of the subject matter, but here is a link to a remand that you may find to be an interesting read. That is if you have not read it already. Specifically Systemic Therapy defined and leaving the near constant or constant part to a dermatologist to determine for the court - not eczema, but a skin condition though http://www.va.gov/vetapp11/files1/1104448.txt As to the meaning of "systemic therapy," although the rating criteria mention corticosteroids or other immunosuppressive drugs as examples of systemic therapy, a similar use of the term "such as" in the rating criteria has been held to demonstrate that the symptoms after that phrase are not intended to constitute an exhaustive list, but rather are to serve as examples of the type and degree of the symptoms, or their effects, that would justify a particular disability rating. See Mauerhan v. Principi, 16 Vet. App. 436, 442 (2002) (the use of the term "such as" demonstrates that the symptoms after that phrase are not intended to constitute an exhaustive list, but rather to serve as examples of the type and degree of symptoms, or their effects, that would justify a particular rating). Thus, systemic therapy under DC 7806 is not necessarily limited to corticosteroids of other immunosuppressive drugs. And this case which granted increase for Eczema due to near constant or constant systemic therapy: http://www.va.gov/vetapp07/files3/0724165.txt However, the Board does find that the medical evidence demonstrates constant or near-constant systemic therapy (oral medications and subcutaneous injections) consisting of immunosuppressive drugs required during the past 12-month period. In this case, the evidence of record documents that between September 2002 and April 2005, the veteran was receiving systemic therapy with immunosuppressant drugs. The drugs were administered orally or by injection and were noted to be cyclosporine (Gengraf), methotrexate, etanercept (Enbrel), and adalimumab (Humira). From April 2005 to March 2006, the medical evidence does not reflect whether the veteran was treated for eczema, but when he again was treated later in March 2006, his condition was apparently severe enough to again warrant systemic immunosuppressant therapy with Humira. In the report of October 2006 VA examination, the veteran was noted to be taking both Humira and methotrexate. Therefore, during the appeal period, and resolving reasonable doubt in the veteran's favor, especially with respect to the severity of his problem during times when not treated with immunosuppressants, the medical evidence reflects that the veteran's disability was severe enough to require near-constant systemic therapy with immunosuppressant drugs. As such, under the revised rating criteria, the veteran's eczema of the hands, arms and elbows warrants a 60 percent rating. 38 C.F.R. §§ 4.3, 4.7, 4.118, Diagnostic Code 7806 (2006). My two cents.....If you are stating that at one time, for a 12 month period, each month you were being treated monthly with injections of corticosteriods (kenalog 10 which is only to be injected once every 3-4 weeks) to treat your eczema that IS SC'd already....I would say YES....but my opinion is only worth the two cents. What did the C&P doctor write on your C&P paperwork?

Always nice to see any movement on a claim....mine still sits in gathering of dust phase BUT my husband's claim moved to pending decision approval phase just this week. Whoever reviewed it found that they needed some photographs of scars....it actually showed a comment, under the phase box, that stated something along the line that you will receive a letter stating what is needed from you. The very next day after this was posted he received a call from QVC in reference to an appointment to take pictures....he was at their place bright and early the next morning to have them taken. I am guessing that he will go back in phases again - QVC stated that they were going to send the digital photo's off to VA (via computer) that day. I have done a little research just on hadit.com in reference to pending decision approval phase and have seen others have their claims go to notification within a day or two ....and others that have been waiting over a year in that phase. Hope yours goes quickly for you Sollnvictus and that you get what you deserve and desire as far as rating.

Congrats Jerry! Always nice to see a victory especially for those of us still waiting in line. Now you can change the percentage amount in your profile on hadit.com:)

Just like Bob K stated we usually get an appointment each month...if something comes up between visits and we feel we need to speak to them or get an appointment sooner we send an email message via My HealtheVet directly to MH provider. Before signing up for My HealtheVet we both just sent regular emails to their email address provided on their business card we received on our very first visit. My Healthevet provides a more secure way to send the emails. It works for us...rather then playing phone tag and provides us written documentation. Definitely document each attempt at trying to get an appointment and as Bob stated contact a patient advocate and document that as well. Hoping things work out for you Harley both in getting appointments and your increase.

These two cases are an interesting read : http://www.va.gov/vetapp11/Files1/1109753.txt http://www.va.gov/vetapp11/files3/1124514.txt One of the cases specifically addresses repair or reburbish of a riding lawn mower: Rather, it appears that 38 U.S.C. § 3109 and § 3120 (and associated regulations) would allow VA to assist a veteran in repairing and/ or refurbishing a piece of machinery viewed as having a recreational component pursuant to a program of independent living services in certain factual situations. Specifically, not only would a veteran need to eligible for independent living services (in terms of having a serious employment handicap and the achievement of a vocational goal has been found not to be feasible), the evidence would also need to show that the machinery in question was determined to be necessary to permit the veteran to maintain maximum independence in daily living (i.e., the ability of the veteran, without the services of others or with a reduced level of the services of others, to live and function within the veteran's family or community).

Ours is at the Winston-Salem RO as well....had C&P's done March 2011 - still waiting - in prep for decision phase ....but more then 1 contention (upgrades) for the both of us. Hoping now that you've had your C&P and you only have one contention to your claim (upgrade) things will go a lot quicker for you then they have been going for us. I hope when you get your white/brown envelope you'll share the news just to give others waiting (Winston-Salem) an idea of the timeline for completion. Best wishes - hope you get both the increase and IU - from the symptoms you listed it sure looks like you rate the 70% .

WooHooo Congrats T-Bird! I can definitely understand the nervousness and happiness upon hearing the wonderful news - I'm sure as soon as you see your new buddy the nervousness will go away quickly and the happiness will increase. Hope you'll share pictures with us.

Welcome to Hadit.com WhyMista. Many vets have tried to "suck it up and march on" - it's what was instilled in us in whatever branch of service from bootcamp on...so you are not alone. A C&P exam IS NOT the place you want to suck it up - just be honest about your condition or symptoms and never give up the fight to obtain the compensation you have earned through your service to our country. You might want to read this thread in regards to what they will focusing on in regards to TBI Semper Fi!

The attachments you have are progress notes correct? not a C&P exam? I'm sorry but I don't see any symptoms listed or may have somehow missed them if they are....Here is a copy of the chart that is suppose to be used by raters, but I'm pretty sure they take other things into consideration as well. One does not need to have every symptom in the listed percentage in order to receive that percentage.... § 4.126 Evaluation of disability from mental disorders. (a) When evaluating a mental disorder, the rating agency shall consider the frequency, severity, and duration of psychiatric symptoms, the length of remissions, and the veteran's capacity for adjustment during periods of remission. The rating agency shall assign an evaluation based on all the evidence of record that bears on occupational and social impairment rather than solely on the examiner's assessment of the level of disability at the moment of the examination. (b) When evaluating the level of disability from a mental disorder, the rating agency will consider the extent of social impairment, but shall not assign an evaluation solely on the basis of social impairment. © Delirium, dementia, and amnestic and other cognitive disorders shall be evaluated under the general rating formula for mental disorders; neurologic deficits or other impairments stemming from the same etiology (e.g., a head injury) shall be evaluated separately and combined with the evaluation for delirium, dementia, or amnestic or other cognitive disorder (see § 4.25). (d) When a single disability has been diagnosed both as a physical condition and as a mental disorder, the rating agency shall evaluate it using a diagnostic code which represents the dominant (more disabling) aspect of the condition (see § 4.14). (Authority: 38 U.S.C. 1155) [61 FR 52700, Oct. 8, 1996] 38 C.F.R. § 4.130, DC 9411 GENERAL RATING FORMULA FOR MENTAL DISORDERS: Total occupational and social impairment, due to such symptoms as: gross impairment in thought process or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation occupation, or own name …………………..100% Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships ...................................... 70% Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining Effective work and social relationships ………………..50% Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events) ............................ 30% Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or; symptoms controlled by continuous medication .................. 10% A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication .............................. 0% The above schedule may be found here: http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&rgn=div5&view=text&node=38:1.0.1.1.5&idno=38 Semper Fi!

Just so there is no confusion for those that are unsure....the following was taken from another thread - Carlie wrote this which explains things very well concerning the 10 and 20 year rule: 10/20 Year Service Connection/Ratings Protection The 10 year mark for is for service connection. A condition that has been service connected for 10 years can not be severed unless fraud is involved. The clock starts ticking for conditions based on the effective date(s). This does not mean compensation can't be reduced. The 20 year mark protects ratings. Absent fraud, disability ratings can not be reduced after they have been going 20 years. See your award letter for effective dates on each disability. Combined ratings are also protected after a 20 year period. Example: You have been rated 50% for Condition A since 1990. You apply for SC for 4 more conditions and VA grants them in 2007. Because of VA granting them your new combined rating is 100% as of 2007. Condition A is protected from severance in the year 2000 and protected from reduction in the year 2010. The new service connected conditions would be protected from severance in 2017 and reduction in 2027. The clock started ticking on your combined 100% in the year 2007 so it would be protected from reduction in the year 2027. If you apply for an increase for Condition A and are bumped from 50% to 70%, the 50% number is still protected from 1990 but the new 70% would start a new clock ticking (using the dates above). Meaning until you have held that 70% rating for 20 years, the lowest they can reduce you is back to 50% based on the fact that it was in effect for 20 years. Even if a rater plugged the wrong numbers and wrongly awarded a combined 100%, they still can't reduce. Again, this is all assuming no fraud is involved. You can do the math by using the effective dates on your award letters. "P&T" can be established at any time regardless of how long ratings have been held (via 100% scheduler or TDIU). If VA plugs all of your conditions and there are no future exams scheduled, then entitlement to Ch. 35 and ChampVA will be granted. If VA determines that there is a chance of improvement, there will be a future exam scheduled and "P&T" will not be established.

Congrats Raidertone! I don't think there is cause to worry about the date listed on the AB8 - my husband has the date of Dec 1, 2012 also and although he has a current claim in...he has been rated at 30% for 10 plus years. I noticed that the date on the AB8 tends to coincide with the current payment month. = changes each month. Have you filled out VA Form 21-686c http://www.vba.va.gov/pubs/forms/VBA-21-686c-ARE.pdf in regards to your dependents? If you have not I would suggest you fill it out, attach a copy of the marriage certificates, ss cards, birth certificates and send them in to your RO. Seems more then a few members here submitted the info with their initial claim but it was overlooked and they had to resubmit. Depending on your RO - it could take a few months for them to add your dependents to your pay. Don't be surprised if in ebenefits if you see a new claim posted...they tend to open a claim just to get dependents added.

Way to go! Congrats!