j92mike

I never got an SOC which is what Im supposed to get if they dont agree with the NOD. I was actually hoping as this all unfolded that maybe they were going to send me for more exams but there should still be some type of record there in their system right? My lawyer filed the NOD I got a letter saying they received my request for an appeal something like that I cant remember off the top of my head. My lawyer is out of the office this wk. I have no way to get to the ATL RO at this time to try to handle this on my own. Im going to be researching closed claims and writing up a new NOD I received my claim decision July 11 2012 for claim filed June 2010 and the one year mark is just around the corner if they really did screw this up I want to make sure I dont want to lose a chance at my appeal. Its shady business and I dont understand how something like this happens.

So on Friday I checked ebenefits and was showing no Appeal status and nothing under Historical Appeals After 40 minutes of waiting to speak to someone the Rep I spoke to right off the bat said there was something really wrong, she had me wait while she looked and came back and said the appeal had been canceled. And was showing no record or anything for it. I asked her even if it was canceled shouldn't there be some documentation of it and she said yes. When I asked her if it showed who canceled the appeal she said Nope. I had put in an inquiry last wk about my appeal trying to find out when I would get my SOC she said she saw that in there, she asked me if ebenefits ever showed my appeal I said yes just last week. She put in another inquiry. I am in total shock and complete disbelief. The ATL RO has had some problems recently but seriously I hope this has been some big mistake. Its too late to call lawyer and his office is going to be the first I call. Youre given a year to appeal my year would be up in three wks if I had to start from scratch. And guess how long I was told it might be before Id hear something back. Sorry for the rant. Id rather be slapped in the face it would hurt less. Natalie

Right now I'm on the phone waiting to speak to someone hoping this is some kind of error. I first saw it on Friday but thought it was due to early maintenance Under Current Appeals is says Our records show that you currently do not have an appeal at BVA. Contact local office yada yada and not showing anything under historical appeals. I have never had any problems with ebenefits before. But I also know I have been in the phase 1 portion of the appeals process since Sep 2012. Just last wk when I checked it was still there. Is anyone else having this problem?

Thanks Kelly, waiting is easier now that I know my stuff is at least being looked at. I do however have a question. How much does SSD pay? Is there a pay table like the VA has or is it one flat amount for everyone?

So I have this right this was all cases not in appeals?

My last update was September 2012 whats happened since that exam well the dr was a complete mess thats how I saw him he said I didnt have a herniated disc it was a bulging disc. Also, he sent me for a chest xray the only scan for SS I was supposed to go to a breathing test a few wks after but fell through a period of really bad depression and didnt go so I was denied my file went on appeal notice in february and since then i have been waiting for a date. Yesterday I was told that the appeals court is booked until december but my file is ready to be scheduled. ill be getting a breathing test next month via the VA. Getting all my ducks in a row.

First of all congrats on your win! If I read this right it was an appeal with the ATL RO? Even better because it means they are working despite the changes taking place there. I do have a question when did you start your appeal? Congrats again. I am so happy for you and your win truly inspiring.

Thats great news after all this time. Keep an eye out on your Documents on ebenefits you might see your rating before your envelope arrives

Woot Congrats conserve on your win! How long did it take for you to get a court date after you were denied?

I actually just posted a topic about this unaware there was already a section for it. I tweeted a few hrs ago with the VABenefits the tweeter was talking about the transition and how it would decrease the need for appeals. This is a quoted tweet "Transformation initiatives increase accuracy of claims, preventing need of Vets to appeal decisions."

The deadline she may have been refering to is that date they have estimated to have your claim done by. Try ebenefits

My lawyer sent a NOD its been on stage 1 of the appeal process since September 11th. How long does it usually take to get an SOC?

For question 2 possibly directly service connect depending on what his diagnosis is see primary care doctor that doctor should have him sent for x rays and ask for an MRI once he has a diagnosed condition you can go from there

Congrats And about the dependents I had to put in a claim for my son since he was born after the process started. However when my award was being finalized I got a call asking for his SS number again I had called and given them all that info months before my kids and husband were squared away she did tell me though she would send something to get the information but that never came because she took care of it on the spot.

I love reading success stories!!! Congrats!!! Here is the link to Dr Bash he provides IMEs http://www.veteransmedadvisor.com/about.html

This happened to me too in GA I went to my original C & P exam and two months later I was called and asked to go back for another exam when I went back it was for a breathing test and blood was taken which didnt happen the first time around I asked the nurse why it was being taken and she couldn't give me an answer it was what QTC had ordered. I was paranoid after they couldnt tell me why I was getting these additional test done hopefully when you go back its something simple Best of Luck

My claim is for several conditions my back knees elbows neck depression Thats the link to my decision letter I got the less likely than not on explanations for my elbow my knees and cervical neck Thanks yall for the responses and dot for the link I will check it out

This term was in a few of the decision explanations of my award letter last July. Since I was denied I am assuming that the term less likely than not is not good. Can someone explain to me what exactly it means? And what is the term I should be looking to get from my provider to help me get service connected? Thank you Natalie 92Mike

Congratulations on your win Lil Rob, long awaited!

Congrats Frank on your Fibro award. What reason did they give you for the other two denials? And how long did it take for you to get decision? -Natalie

Just an update: My SSD exam is four hours from now, and i cant sleep I have never been more nervous. The paper sent says I will have xrays and a general exam done. Im going to take my VA decision letter and my c and p exam results with me. I was denied on everything but TB from the VA but they did ackowledge I had pysichal problems they just don't believe I got jacked up in the service. Since I do have these problems I'm hoping this will be a little easier than the VA. However I am concerned that I'm not getting an MRI done. Most of my xrays the VA were negative, so unless I fracture something while sitting here I'm sure most of the xrays they take will be negative as well. I will be back later on today to explain how it went. -Natalie

Recently I made a friend who is the grandson of a Veteran. Who is currently recieving benefits for disability. What exactly for Im not sure. However, he went on to tell me that his grand father had nightmares and wasnt sleeping and didnt like to talk about the war, and he could hardly speak anymore. He is 87 years old. And was shot in the back twice during deployment. What I am asking is does he have a case possibly for ptsd? And would his wife be able to file a claim on his behalf due to his current state? Thanks yall, Natalie

Thanks yall. Yes, my claim was processed at the Atlanta RO.

Here is what it says: We determined that the following conditions were not related to your military service, so service connection couldn't be granted: Bilateral feet condition Denial Reason: The evidence does not show a current diagnosed disability. The evidence does not show an event, disease or injury in service. Explanation: While your service treatment records reflect complaints, treatment, or a diagnosis similar to that claimed, the medical evidence supports the conclusion that a persistent disability was not present in service. Bilateral shoulder condition: Denial Reason: The evidence does not show a current diagnosed disability. The evidence does not show an event, disease or injury in service. Explanation: Whille your service treatment records reflect complaints, treament, or a diagnosis similar to that claimed, the medical evidence supports the conclusion that a persistent disability was not pressent in service. Bilateral ankles condition: Denial Reason: The evidence does not show a current diagnosed disability. The evidence does not show an event, disease or injury in service. Explanation: While your service treatment records reflect complaints, treatment, or a diagnosis similar to that claimed, the medical evidence supports the conclusion that a persistent disability was not present in service. Chronic fatigue: Denial reason: The evidence does not show a current diagnosed diability. The evidence does not show an event disease or injury in service. Explaination: While your service treatment records reflect complaints, treatment, or a diagnosis similar to that claimed, the medical evidence supports the conclusion that a persistent disability was not present in service. Bilateral cubital tunnel: The evidence does not show a current diagnosed disability. The evidence does not show an event, disease or injury in service. Explanation: While your service treatment records reflect complaints, treatment, or a diagnosis similar to that claimed, the medical evidence supports the conclusion that a persistent disability was not present in service. Anxiety and Depressive Disorder: Denial Reason: The evidence does not show a current diagnosed disability. The evidence does not show an event disease or injury in service. The mental health professional I did my QTC exam with diagnosed me with depressive disorder, it is in the qtc report I got back. I was seen for three years in service for depression. There is no explanation written Degenerative disc disease of lumbar spine to include osteoarthritis, back pain, herniated disc scciatica. Denial Reason: The evidence does not show a current diagnosed disability My L4-5 are narrow. sciatica was a seperate claim from the herniated disc as was the back pain. I was not tested for sciatica no nerve test or anything the Dr doing my exam never even asked me to bend over. All I had done were xrays no MRI. No explanation written Tendonitis left elbow Denial Reason: We did not find a link between your medical condition and military service. My left ulnar nerve was my first injury when I got into service, I was pulled out of basic training for it and sent to rehab in at 120th Fort Jackson. Explanation: The VA medical opinion found no persistent disability. While your service treatment records reflect complaints, treatment, or a diagnosis similar to that claimed, the medical evidence supports the conclusion that a persistent disability was not present in service. * The examiner stated your condition is less likely than not caused by your military service. The examiner stated absence of subsequent care for your elbow condition up to time of seperation from service is consistent with resolution of left elbow. Bilateral knee strain Denial Reason: We did not find a link between your medical condition and miltary service. Explanation: The VA medical opinion found no persisten disability. While your service treatment records reflect complaints, treatment, or a diagnosis similar to that claimed, the medical evidence supports the conclusion that a persistent disability was not present in service. * The examiner stated your condition is less likely than not caused by your military service. The examiner stated absence of subsequent care for your bilateral knee strain. up to time of separation from srvice is consistent with resolution of bilateral knee strain. Degenerative disc disease cervical spine to include pain radiated to fingers Denial Reason: We did not find a link between your medical condition and military service. I listed neck strain as a seperate condition they added pain radiated to fingers to my DDD cervical spine condition. The xray findings show lordosis. Explanation: The VA medical opinion found no persistent disability. While your service treatment records reflect complaints, treatment, or a diagnosis similar to that claimed, the medical evidence supports the conclusion that a persistent disability was not present in service. * The exmainer stated your condition is less likely than not caused by your miltary service. The examiner stated absence of subsequent care for your cervical strain up to time of separation from service is consistent with resolution of cervical strain. That's the end of it. I want to add that the examiner did not have my medical records to go over that is marked off on the qtc report. No where in the qtc report does it say my knee elbow and cervical spine condition are not related to military service. My mental health condition. That doctor didn't have my mental health records, I don't have a copy of them either, but I thought the VA would get a copy of them when they got a copy of my service member records? Am I wrong about that? I was in service for four years, I was seen November 2007 up until Feb or March in 2010 by the same mental health provider because I specifically requested a female provider who was going to be around a while. As for my 30% TB rating. This is something the VSO added in 2011 to my claim when I refiled after I moved to GA. It's not something I ever thought twice about. And I didn't think it was even service connected. I had the tb test done I tested positive I had a chest xray it was negative end of story. That was while I was at the processing unit 120th before I knew how to do a proper push up. It never came up again the whole four years I was in service. that's why I was so shocked to see I was rated 30% for it and not the conditions I know that make living and moving about a nightmare. But one 30% rating is better than a complete denial award letter. I have some questions but I have to go pick up my husband from work so I will add them later today. -Natalie