USMC5811

Congrats Moody! If your not a retired vet....retro pay usually shows up pretty quick usually before the letter does = keep an eye on your bank account. Here is the form to add dependents (I know the word is not "politically correct anymore"): http://www.vba.va.go...21-686c-ARE.pdf If you already submitted the form and it is showing they received it.....I don't have an answer for ya as to when they'll fix it......in time they will and will have to give you the retro difference for that as well. Congrats again and thanks for your service! Always a good day when a vet get's what he deserves and earned.

iceturkee....Once on ebenefits click on My Personal Dashboard.....it will take you to a page titled "Ebenefits features available to me" - under the subtitle General....you should see Benefits Explorer....if you click on that it will actually show you your current rating % under Your Profile (located on the right hand side of the screen)

What I was referring to was several vets saw their status move from notification to prep and even sometimes further back and then the next thing ya know they were posting that the AB8 was showing that their amount (they don't post percentages on the form anymore) had changed or they checked benefit explorer in ebenefits and noted the % changed.....then they noted completion. I'm sure there must be some form of checks and balances on every claim completed....hopefully this is what you are seeing. Better they get it right the first time. As frustrating as it is...no one can tell what they have decided or what the heck they are doing until either the AB8 shows a change or you get the letter. Don't let this stress you out....

I can't speak from personal experience but I have read where several vets saw their claim move backwards then forward again(in the rating phase).....and then in no time it was completed. I can only imagine how frustrating it is, but at least you see movement so you know they are working on your claim. I'm hoping that you'll hear good news soon.

Thanks for the link Stretch. I got to listen to it this time from the beginning to end using the link. For some reason when I clicked on the link on the top of the page it started right after the intro's....so I did not get to hear the intro's and then cut off about 2 minutes before the actual end. I really appreciate you all doing this for vets.....I'm gonna work my way through the previous broadcastings and the wealth of great info in them. Thanks again!

I asked my VSO if I should send in additional evidence for my SC eczema but he says they will automatically investigate. Is this true??? Just my opinion but I prefer not to "assume" that VA will automatically investigate anything as you only need to look at some of the post by veterans here that believed the VA would do the "right thing". I'm also of the opinion that WE are the best advocates for our claims and should be proactive with our claims. I sent updated information into VA myself (return signature/receipt requested). I was told by one of the elders here that it was her opinion not to continuously do this because it might set you claim back in the process BUT if you truly believe the current info that you have would be pertinent as far as the rating goes ...then send it in but don't do it to often. I sent the information in and it set the claim back to Gathering of Evidence from Review of Evidence but only for 2 weeks...then it moved back to Review of Evidence. I think Carlie was right - you have to weigh the evidence you have and understand that it just might set your claim back in the process. noticed on the ebenefits website that the last evidence received was fro 4-2012 and have sent much more via my VSO. Should it show everything after 2 months? Ebenefits can be right or wrong - updated or not updated. Personally I have found that the ONLY thing that has been updated correctly is "the information we have received" section. My VARO (Winston-Salem NC) has been pretty fast in updating this section - usually about a week or two from when I send the information it shows on ebenefits. Each VARO is different from my understanding in regards to how fast they update. I always request a receipt/signature when I send things by mail to prove that it was sent/received - my VARO is about 7 hours away so it's a little rough for me to go there. I would at the least make an inquiry if they did not show they are in receipt of info I sent two months ago. Do you recommend me stepping over my VSO and go direct to regional office and request my "C" file copy? It appears there are two trains of thought in regards to requesting ones C file copy while the claim is being processed. Some state to wait until the claim has been decided because requesting a copy of C file will take it out of its present location on someone's desk ...where it will be sent to another department to make copies......then hopefully it will be returned to the desk it came from (hopefully with none of your files lost) but who knows where on the desk (bottom of the pile) it will eventually end up. Other comments that I have read state that if you are in disagreement of the rating upon completion and intend to file a NOD - having the C file already in possession is a good asset. So they chose to send for it before completion. Seems everything revolves around whether your willing to go back in the claims completion process and weighing the pro's and con's.

I was listening to today's taping. I really appreciate the information that was given. My question is...is it my computer/flash player or did/does anyone else have problems with a echo/muffled voice from one of the participants. I believe it was the gentleman from NOD.com that came in as clear as a bell but the other gentlemen (never heard the intro part where they introduced themselves) I could not make out a lot of his questions/remarks. Also it cut off in mid sentence...when I tried to start it again it showed it was at the end...is there a Part 2 of this discussion somewhere?

Sorry I don't have a number for you BUT I did find the form for change of address VBA-20-572 - paperwork trail is always nice to have. Hopefully someone will be able to provide you with a phone number. Link to form to change address: http://www.vba.va.go...-20-572-ARE.pdf Just found a previous post relating to this that may help:

Maybe this might answer your question. There is a lot of confusion and misunderstanding about just what a Permanent & Total rating is. In the language of your VA, the word permanent does not mean that your benefit is permanent! To have a 100% P & T rating only implies that your dependents are eligible for benefits like Chapter 35 DEA & CHAMPVA. Your rating is NOT protected! There is but one way to achieve a "protected" rating...you must hold it uninterrupted for 20 years. Until you've held the rating for 20 years VA may contact you at any time to evaluate your rating. How do you know if your rating is temporary or permanent? You go to your original award letter and look for the secret codes VA likes to use to confuse you. If your award letter says "No future exams are scheduled..." that means that your rating is permanent. If you see "Eligibility to dependents Chapter 35 DEA / CHAMPVA are established", your rating is permanent. Those phrases may differ from one VA Regional Office (VARO) to the next but there should be something similar on your award letter. If you see "Future exams are scheduled" or similar, or no reference at all to future exams or other dependents benefits, your award is probably temporary. VA establishes the rating as permanent when there is little chance that the condition will improve. VA makes a lot of mistakes when establishing the permanence of a rating. It's up to you to know what to do...nobody will do this for you. As a rule, most mental health conditions and cancers will be temporary ratings. A veteran must hold a 100% permanent rating for 10 years, uninterrupted, for his/her family to be eligible to apply for DIC benefits should the veteran die of anything other than a service connected condition.

I have a feeling they were getting bombarded with 1-800 calls and IRIS's in reference to their so called upgrades which led them to take it down. As you said MarkInTexas....I think if they fix the misinformation in the upgrade as the idea of the addition was good, so is the idea of ebenefits....but they really need to fix the problems before placing it on the internet. The undue stress and frustration stuff like that causes to veterans is just wrong.

This past Sunday ebenefits was down for maintenance. When it came back on-line, the changes that you are describing and others here: have been noted to ebenefits. The "add"/maintenance that they did have many vets confused, perplexed and anxious. 1-800 Peggy has only confused people more concerning this. The initial concept of ebenefits is a good one....when they will fix it so that it does help veterans instead of making things worse...is another thing. I'm sure the VA is receiving thousands of calls and IRIS's in regards to this.

Congrats on the movement.....any movement that brings you closer to completion is reason to be happy. Not sure what your contentions are but from personal experience in regards to whether you will get a different C&P exam by a different doctor for each contentions....it just depends. If you have a contention in for hearing - they normally send you to a audiologist for the hearing tests/C&P. If you have a MH contention then you'll see a phsychiatrist (affectionately known by former DI's as "the wizard"). My husband had one doctor that did the C&P for neck, back, knees, headaches (secondary to cervical spine) , acid reflux/hiatel hernia (secondary to meds) and skin disorder. For the joint issues he was first sent for X-Rays and MRI - but the (General) Doctor did the C&P exam. When they send you the paperwork with the time and dates - it usually lists what contentions you have each of the appointments for. Hope you get a good and caring doctor - there are some out there, but just like any profession there are also some bad apples.

I am fairly new to all this so I'm just giving my two cents....... if what happened to you, happened to me....I would quickly get at least one IMO (Independent Medical Opinion)and/or and IME (Independent Medical Exam) from a specialist (dermatologist) to refute what this doctor's opinion is concerning the severity of your already service connected dermatitis. I would then send (receipt requested) or take it in person (I would have whoever I hand it to provide proof of receipt) to my RO with a cover letter attached. In the cover letter I would let them know exactly what was done in reference to the VA exam they sent you to and what that doctor said to you and you to him. I would also state somewhere in the cover letter that you are attaching a recently obtained IMO to dispute the VA examiners opinion. Hadit.com has a link that explains what should be included by a physician/specialist when writing an IMO which can be found here: There is also a DBQ (Disability Benefit Questionairres) for dermatitis/skin disorders located here http://benefits.va.g...isabilityexams/ that I would request be filled out by my Dermatogist. At the very least I would personally send a letter to my RO if I felt I did not receive a proper exam. That's just me....even with the VA I'm of the opinion if no one reports inadequate exams being conducted by a doctor then it is not going to get fixed. My understanding is before VA reduces your compensation they do send you a letter of their intent and it is possible to appeal the reduction. Some rules for reduction can be found here: I have never seen where a C&P examiner can reduce your compensation - my understanding is that only a rater can actually do this?...unless your referring to what he opinionated on the exam report, when comparing it to the disability rating table for that contention would more closely fit a possible rating of 10% versus your current 60%. Being the pessimist that I am....I would try to head them off at the pass. Not sure if other more experienced vets would tell you to just wait to see if the VA actually tries to reduce you before worrying about it or getting an IMO/IME. Like I said...this is just my two cents . I can't give any advice in regards to your IU claim - hopefully someone with more experience will post soon. Welcome to hadit.com and thanks for your service to our country!

Broncovet Thank you very much for taking the time out to provide your insight and for providing the link. It's just mind-boggling how many vets are denied service connection or compensation by the raters etc - given the benefit of doubt rule and the criteria that they are suppose to make their decisions on. I am slowly making my way through all the previous posts on the forum to gain knowledge...thanks again.

Congrats Lysol!

Hollis I am hoping that the Service Rep has the answers for you. I hope you don't mind if I ask a few questions myself to the elders/more knowledgeable members of this forum. I am hoping one of the elders or more knowledgeable members of hadit.com might help me with a few questions....concerning this. I'm just trying to learn...... After reading several court of appeals decisions where the Vet has been tested for hearing loss and does indeed have hearing loss. The vet was in an occupational specialty that is included in FL 10-35 and/or was in combat. The vets records are silent (nothing in his SMR that shows hearing loss). I believe the older hearing tests consisted of the whisper tests that have been proven not be reliable....and sometimes there were no exit from active duty hearing tests performed or just another whisper test. The reasons why I even mention the older hearing tests is because I read that one VA C&P doctor stated in his report, in one of the cases I read, that "noise-induced hearing loss occurs at the time of exposure, not after the noise has ceased". My question: Realizing that it just might be an uphill battle given the years between exit from active duty and request of service connection for this contention. I would think that it would be of benefit to at least try to obtain an IMO where hopefully the specialist will be able to provide a Nexus between the vets current hearing loss and his military occupational specialty (citing FL 10-35). If there are any other hearing tests, other then the latest one, some 40 or more years AFTER exiting the service those of course I would think would definitely be a help in reference to the IMO. Would statements from lay person's friends/family stating that it was obvious that he had a hearing deficit over the years (after exit to present) be considered in this case? Would it give more credence if the specialist who writes the IMO refers to the Fast Letter and possibly some medical research that has been done in regards to hearing loss/tinnitus in regards to the onset etc then say if the FL was pointed out by the veteran. My thinking is the VA will continue to deny the claim because there is not a Nexus/IMO between the hearing loss and service given the time between leaving service and being tested and will as I have read in several of the denied Court of Veteran Appeal cases state this. United States v. U.S. Gypsum Co., 333 U.S. 364, 395 (1948); see also Gilbert v. Derwinski, 1 Vet.App. 49, 52 (1990). In this case, the Board based its decision on a finding that the appellant had failed to show a nexus between his currently diagnosed of hearing loss and his service R. at 9-10. The Board observed that there was an "absence of any diagnosis of the claimed hearing loss in service and post service medical records between discharge in 1969 and the filing of the claim in 2001, over thirty years later." OR Is this a case where FL alone will suffice to prove service connection, if indeed the most recent hearing test shows a notch or if there is an EAS hearing test that shows it? The Board also notes that Training Letter 10-02 was issued in March 2010 regarding the adjudication of claims for hearing loss and tinnitus. In that letter, the Director of the VA Compensation and Pension Service indicated that the two most common causes of sensorineural hearing loss are presbycusis (age- related hearing loss) and noise-induced hearing loss (caused by chronic exposure to excessive noise). It was also noted that the presence of a notch (of decreased hearing) that may be seen on audiograms generally at frequencies of 3000, 4000, or 6000 Hertz with a return toward normal at 8000 Hertz may be indicative of noise-induced hearing loss. I appreciate any response in reference to my train of thought - as I stated I'm just trying to learn. Thanks in advance.

Sorry Hollis for my misunderstanding. I obviously wrongfully assumed that the hearing test that was contracted out was a C&P Test. If it was a test that his PCP requested he STILL has a right to review his medical records to include this hearing test and obtain copies of it. Just read the fast letter I think your speaking about (FL-10-35)

Both Broncovet and Pete make valid points and I agree with their comments. I went back and forth as to whether to reply to this thread.... Having been in Law Enforcement in several states in the U.S. I concur that requesting a dismissal of your VA Rating would not be a good move on your part. Doing so does not change the fact that you were, at one time, diagnosed with a mental illness or that you have been seen by a psychiatrist/psychologist. Every PD that I have ever worked for has required its police candidates to be tested physically, medically and psychologically by their contracted physicians/psychiatrists. Two questions were always asked by the "wizard" in every state that I worked - have you ever been diagnosed with a mental illness and have you seen a psych before? Having your VA rating dismissed, if it was indeed possible, will not change the answers to these questions. Later down the road if your symptoms get worse - where will you be? I think it will be fighting another uphill battle with VA trying to get your compensation back. In a perfect world one should not be discriminated against based on disability, but there are ways around that and we all know that employers use the "outs" - candidate #2 scored higher in interviews etc. You state that you put in a NOD to have your rating increased, not sure if you mean for your PTSD rating or your other contentions but if you requested an increase for PTSD then I would think that you honestly feel your symptoms are getting worse. As Pete stated PTSD is with you for life. I personally know of more then a few Law Enforcement Officers who suffer from PTSD that they obtained on the job. From my own personal experience, I can tell you that things won't get better working as a LEO having PTSD to start out with....they will only get worse. For your sake, your wife and your kids I would chose another profession. Just my two cents..... Best wishes with whatever you chose to do.....

Congrats Chinavet - Gander's a good looking boy...you can just see the intelligence in his eyes. I can imagine your excitement...September 17th just won't get here soon enough, but as you said dealing with the VA has taught most of us how to deal with the waiting and to have patience. Wishing the best for you and your new buddy....

Hollis, If the hearing test was conducted by an outside contractor (such as QTC) and not by a VAMC it is not uncommon for them (contractors) to refuse to give a copy of the exam to the veteran. You will need to write a letter requesting copies of the C&P directly from your brothers VARO. I posted a copy of the letter that I sent requesting a copy of my C&P results in another thread on hadit.com: Not sure if I'm understanding you correctly as far as SC for hearing loss or tinnitus - he has not been service connected for these? If this is the case then he needs to look at the requirements in order to get them service connected. http://www.hadit.com...mpensation.html If you can post the reason(s) stated by VA of why he was denied which should be included in the letter he received - it would be helpful to more experienced members of hadit.com to assist him. Also, once you receive the C&P report for hearing - you might want to compare it to the rating charts for hearing loss which can be found here: http://ecfr.gpoacces...0.1.1.5&idno=38 If you need help in figuring out the rating charts for hearing.....just ask.

Here is a link to the Veterans Administration Website titled The Disability Claims Process for Veterans Living Abroad Explained that might help you: http://www.vba.va.go...ign/process.htm

My understanding is that the VA Regional Office phone numbers are carefully guarded and not given out, as it appears they do not want to receive phone calls from vets inquiring about their claims. The 1-800 number (Peggy) is all that is publicized. Not sure if even VSO's have a "special number" to call when they make inquiries...if they do...they sure are not sharing it. There is another option for contact = IRIS. If you go to http://www.va.gov/ Then click on contact. Then click on ask a question. You might want to look at the Frequently Asked Questions (FAQ) prior to sending your question as it might already be answered there. I personally have not had a good experience with either the 1-800# or IRIS - seems like one either gets a generic response that sometimes makes no sense at all and/or they are incapable of answering the question. It appears other vets have gotten answers using IRIS though.

Yes, you can request a copy of your C&P results. In regards to whether it will send you further back...I can only speak for what I personally saw in regards to this via ebenefits as my claim has not been decided yet. When I requested a copy it took a total of 7 days from the date I mailed it to the date I received all the copies. Remember each VARO is different, so it could take longer or shorter for you to receive yours. It did show on up on ebenefits as a Privacy Act Request for Information opened and closed on the same date = the date I believe they mailed the copies. As far as ebenefits...... it did not go backwards in regards to the claim completion process/status. I believe it was Berta and Carlie (elders on hadit.com) that suggested that I obtain copies. I am sooooo glad I did and appreciate their suggestion. I believe I also read a comment where one of the elders stated that not using the proper equipment to measure ROM is not, in itself, a way to get the rater to change their decision to a higher rating etc. It was suggested that you get a doctor (here's where I think it might do you some good to bring a DBQ with you to your ortho appointment) to do one so that you DO have documentation as to what ARE the correct measurements so that the rater will see this. IF your PCP does one also, all the better. Below is the letter that I sent requesting a copy of my C&P (and my husbands C&P results): Note: I left the address to our VARO on the example, of course you would put in the address of your own VARO. Hope this helps you. Date Winston-Salem Regional Office Federal Bldg 251 N. Main Street Winston-Salem, NC 27155 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. Vet’s Name Vet’s Address Our C&P's were done by QTC (outside contractor) so of course you have to wait until the VA receives them (which was posted on ebenefits for us when they actually received them) to ask for copies. Some vets who have had their C&P's done by a VA Hospital were able to receive a copy directly from the Hospital after signing some Privacy Act paperwork.

Your welcome. DBQ = Disability Benefit Questionairre. You can find DBQ's for most contentions and read about what they actually are here: http://benefits.va.g...isabilityexams/ The DBQ's are for the most part the same thing that are filled out in a C&P exam. The difference is...in a C&P exam you don't usually get a specialist ie., ortho, derm etc - most C&P are done by a general practitioner - so sometimes it is beneficial, if your going to a specialist in their field, to have them fill a DBQ for you. I provided a self-addressed envelope with the proper postage to each of the specialists....so they did not have to rush to complete or set their other appointments behind to fill out some of the info....then they mailed them to me.

SpcDearman that's a good idea to only look at ebenefits once a month or once a week - I look once a week unless I sent something into VA. It's been much better for me, stress wise then when I was looking at it daily. Like I said mine went back 2 weeks ago from Review of Evidence (where it had sat for 5 months - C&P's already done) to gathering evidence. This morning I checked and now I'm at Review of Evidence again. I know why mine went back for two weeks to Gathering Evidence = I sent them a rebuttle to a C&P that was done. I had obtained a copy of the C&P exams from VA about a month ago ....read over them...disagreed with a few of the C&P examiners(who were listed as a General DO) remarks. Had specialists in their fields fill out a DBQ - then sent those in to VA along with the specialists background to rebut the . VA received the paperwork I sent and that day...it went back to gathering of evidence. I look at movement of any kind as a good thing.....at least I know my file has not been lost yet:) If they moved yours back because of the possibility of surgery or because of the consult with Ortho...I would look at it as a good thing. Hopefully they get it right the first time, so you don't have to go through the appeals process. It would not hurt anything to carry along a DBQ when you go to Ortho and see if that doc will fill it out for you...worst he could say is no.