SueEdel

Favorable decision earlier this month. They corrected their errors. At issue for most of us is the length of time it takes. If this had been properly processed they wouldn't need to pay employees to re-do the claim. 

Claim closed today at 80% combined. Was 60% combined. Not really able to get more info as my VSO can't get into any more data that I can at ebenefits due to shut down. Will know more when letter arrives.

Just checked--it is now at
Updates Actions PENDING DECISION APPROVAL

I checked e-benefits today and I went from the Gathering Dust phase to PREPARATION FOR DECISION. I was some comfortable complaining about the Gathering Dust phase that the movement to PREP is feeling almost scary.

Interesting that the VA just figured out that they forgot to include hypertension in my C&P last year and sent me a letter last week to report for another C&P this week to take my BP. Driving 2.5 hours to take a BP measurement is really absurd when I have a clinic 10 minutes from my house.

On Wednesday I checked e-benefits to see if anything had changed. At that point still gathering military dust.

Just needed to spout off and perhaps some emotional support. Been at this claim for about 20 months now.
It was finally farmed out from Cleveland to Fargo and has moved rather quickly since Fargo has been on it. They called to ask some questions about the unemployability. Figured out what was missing and holding up the claim.

Indeed. But the raters frequently miss this second section. They used the income level to deny me. When I mentioned to them the sheltered environment the person on the phone taking all the info stated "I never heard of that". Denied. All remedied now but took a long time. If the rater had read this info in 2012 they really could have avoided an appeal.

I just received a phone call from GSA FTS Regional responding to an email and no I don't need to file it. They said they have all the info they need. They stopped the deduction as of today. Refund will be 14-15 months of payment. Letter for additional insurance if desired will arrive in 7-10 days.
 
when I was first disabled in 1977 they offered $1000 insurance and they paid the premiums. So my last purchase was for $9000.
 
 

I just  got this email from my brother:
"Hi Berta,   Congratulations!  You should be very proud of yourself. I don't follow politics very much, but I saw something about the VA Hotline on TV at a Wendy's yesterday.   Its great that the White House recognizes your accomplishments.   Berta, I know you obviously have a lot  going on.. Sometimes I'm sure it it seems like too much, at once, but the good thing is that you are on  top of it,   If you cannot call me for the time being I understand. I'm just glad I didn't sign anything."  ( He had a legal issue...not a vet)   I wonder what channel it was on I only watch Fox ..anyone know.........I hope they gave out our web site link.......they have it     

Judy:  I dont have an answer as far as the date goes.  Was your husband reduced in 1970?  But you may find some tidbits on rating reductions, here:
http://www.purpleheart.org/serviceprogram/Training2013/16-T-Rating Reductions-Ron.pdf   They are consistent with my post.  As this points out, the burden of proof lies upon VA to reduce.  Did they give sixty day notice of the proposed reduction?  
Frankly, however, all this said, you would be well advised to seek attorney representation.  It may not cost you all that much and may cost nothing.  Reason:  EAJA fees are often awarded and the attorney can only collect from you, not from you and EAJA, up to the fee agreement amount (often 20 percent_).  
I have personally hired a lawyer for my own case.  She has won EAJA fees already.  This means the first 6000 of my attorney fees are paid by EAJA.  So, unless my retro is more than 30,000 I will pay zero attorney fees.  If the retro is more than 30,000 then I pay 20 percent of anything over 30,000.  I will be delighted to pay attorney fees in this instance, I hope I pay enough fees for the lawyer to buy a yacht.  I will get more than 5 times more than the lawyer, in all cases.  (If I win).  
Do you have a Veterans Benefit Manual?  Its the one published by NVLSP, not the "Dick and Jane" one published by VA.  The VBM is supported by hundreds of case law, and written by lawyers.  Its often used as a training for lawyers.  The VBM is about over 100 dollars.  Its available on DVD or print.  Its excellent and you should not represent yourself without one, or at least access to it.  
I have 2 VBM's, but mine are at least 2 years out of date.  

Sue. that is the BIGGEST problem with the ROs.
You hit the nail on the head!
And why I push for using the CUE tactic within the appeal period....
This is why the BVA has so many claims. Probably half of them should never even get there.
This quote below is one part of a letter I sent the Secretary Shulkin and to President Trump.
"I also am the surviving spouse of Rodney F. Simmons, Vietnam (USMC), who is dead due to VA health care ( FTCA/Section 1151 award- proof available if requested.) Subsequently ,I also proved that VA malpracticed on two Agent Orange conditions as well, that were found to contribute to his untimely death.
              Claimants have the ability to file a CUE claim ( CUE- clear and unmistakable error- 38 USC 5109) on any unappealed decision that they feel was wrong due to one or more specific  legal errors the VA made in that decision  that prevented them from attaining a proper monetary service connected award.
              Just about every decision I received as a widow from the Buffalo VARO was wrong and often  only when I filed a CUE claim.
But I also have had success in filing this type of claim within the appellate period, under the auspices of 39 USC 5109, most recent in March 2015 when I received a denial ,that upon receipt of my CUE, was reversed about 4 weeks later in April 2015. I have been successful with this tactic before and find that 2 vet reps have also used it because they must have read my explanation on the large web site for veterans that I have been a volunteer at, for 20 years.
              I suggest that a Fast Letter be prepared to go to all VA Regional Offices and all Veterans Service Organizations, stating that:
  Upon receipt of any Regional Office decision that contains a valid and legal CUE either due to a violation of the VCAA ( 5103 Waiver) ,thus due process violation, that caused a CUE to occur in the decision, or due to the wrong diagnostic code on the rating sheet or due to any failure to consider probative evidence the claimant has supplied to them, or any other legal error that was detrimental to the claimant, the claimant and/or their POA representative  should  file a CUE claim immediately, asking the VA to correct the error.
The Claim must conform to CUE criteria as to identifying the exact legal error and how that error is detrimental to the veteran.
I suggest as well to add this:
The traditional NOD one year timeframe will stop until the CUE claim is decided.
The traditional NOD time frame will only begin upon receipt by the claimant and their POA of the decision on the CUE, that will include full appellate rights.
One cannot prepare an adequate NOD when a decision contains a CUE to their detriment.
(NOD Notice of Disagreement)"
The WH Vet hot line told me I would hear soon from either the VACO or the White House.
I raised many issues with them but this one is a prime issue that affects so many of us negativelu and also causes the backlog. EWe sure didnt.

Wonderful news! I am still trying to absorb all the ramifications of mine from last week. I am so happy for you. My envelope arrived before e-benefits updated. I do still have one outstanding contention and noted due to my e-benefits addiction that a date on the appeal which had been 1/12/14 was changed yesterday to 5/25/17. I am hoping that perhaps we will start seeming many of these long standing appeals resolved soon! 

Buck, as I explained, the criteria for VA life insurance, ssdi, and VA benefits are different.  Obviously, I met the criteria for waiver of premiums before meeting the criteria for 100 percent at VARO.  
There is a logical reason for this:  The VARO lowballed me, and the VA life insurance did not.   Im still fighting VA's lowballing.  I used the fact that VA life insurance had considered me 100 percent for waiver, while VA regional office considered me only 40 percent.   One big thing:  I had been on pension.  To prove pension, you need to show low income from not working but you dont have to prove WHY you are not working, that is, if its due to SC or NSC conditions.  Pension is if your not working due to NSC condiitons, while TDIU means you are not working due to a sc condition.  
This creates a problem for VA in attempting to deny me.  In other words, pension has already stated Im not working and not likely to go back to work.  VA comp, however, suggests I can work at 40 percent.  
You see, in a "reasons and bases" I think my attorney is trying to force their hand in this.  In other words, we want the VA to say in the reasons WHY I can not work.  If the reason I can not work is due to NSC conditons, then what are the NSC conditions that cause me to not be able to work?  
They did not say, they just said I was NSC.  Like I said, they need to be pressed to give a valid reasons and bases as to what it is that caused me to not work.  Of course, I contend the reasons I can not work are service connected.  
Any day Im expecting a BVA decison.  We will see where it goes.  

My first big expenditure was bath towels on sale. Less than $100.00. I am still trying to process everything. I do have 90% schedular. 100% P&T TDIU. Due to the way this was finally processed I have two items outstanding from this appeal. They finally decided the appeal and while it was in the works being mailed to me they set up two C&P exams which took place early this month. They have been written but not yet rated. One appears to be headed to non SC (hypertension) and the other fibro appears it will show as a correction in diagnosis. 
 

I was hoping that someday I would be able to report success on my claim to this forum. Today I. Am reporting SUCCESS!
I tend to be a quiet lurker but garner the info I need and move on with it. This claim was started in 2012 (I've been in system as SC since 1977). The original decision was frankly a garbled up mess that looked like it was written by a fifth grader. It had no rhyme or reason to their findings.
According to the documents i am now rated at 90%. I also have TDIU which was first denied because I earned too much money while the regulations state that if you work in a sheltered business ( like a family owned business ) you may still qualify regardless of income.
i believe it is P&T. There is a statement of no further examinations.
They made this decision prior to getting the results from the last C&P in May so that is still out there in VA land.
After waiting and wondering for 5 years since the start of the claim it is difficult to believe we have a favorable decision. I am having a hard time allowing myself to trust them!
Thanks to those who suggested which attorneys to contact in 2013. I sent a summary to 3 and all agreed I had a good appeal. I chose Katrina Eagle and she filed the NOD in 2013. She even addressed an issue I was unaware of and I was awarded 30% on it.
i appreciate all of you being here for me and all veterans in times of need. Just having a place to vent or inquire is priceless. 
❤️

Thanks Tbird. The only big expenditure is a vehicle upgrade. I have a 1998 in very nice shape that is garaged and well tended but need something newer. I will be getting something from perhaps 2013-2015. Otherwise paying bills. Trying to lighten the load we've been carrying for years.

I was hoping that someday I would be able to report success on my claim to this forum. Today I. Am reporting SUCCESS!
I tend to be a quiet lurker but garner the info I need and move on with it. This claim was started in 2012 (I've been in system as SC since 1977). The original decision was frankly a garbled up mess that looked like it was written by a fifth grader. It had no rhyme or reason to their findings.
According to the documents i am now rated at 90%. I also have TDIU which was first denied because I earned too much money while the regulations state that if you work in a sheltered business ( like a family owned business ) you may still qualify regardless of income.
i believe it is P&T. There is a statement of no further examinations.
They made this decision prior to getting the results from the last C&P in May so that is still out there in VA land.
After waiting and wondering for 5 years since the start of the claim it is difficult to believe we have a favorable decision. I am having a hard time allowing myself to trust them!
Thanks to those who suggested which attorneys to contact in 2013. I sent a summary to 3 and all agreed I had a good appeal. I chose Katrina Eagle and she filed the NOD in 2013. She even addressed an issue I was unaware of and I was awarded 30% on it.
i appreciate all of you being here for me and all veterans in times of need. Just having a place to vent or inquire is priceless. 
❤️

Based on the ratings guides, I should be able to get more than 60% for Chronic Fatigue Syndrome/Gulf War Illness. I should get rated for IBS and Fibromyalgia also. I am in the process of being diagnosed by a private physician at the moment. I originally filed in the mid 90's but was denied, and did not appeal. This time I'm going to finish the fight.

I would not give Fox News anything about my claim while it is in the process. I had a C&P exam for mental health issue where the doctor had a clear agenda. Being a young and dumb vet I did not recognize it for what it was at the time. He was asking me leading questions to justify a personality disorder DX. He asked me if I ever argued with my parent? Did I ever skip school? Did I ever get into a fight at school? ETC., ETC. I thought these questions were harmless and I said yes I argued with my parents as a teenager, and yes I did skip school a few times on Friday afternoons. I did get into a few fights when other kids picked on me. You know how teenage boys like to establish pecking order. I smacked a kid who hit me with a wet towel in gym class. Out of these seemingly harmless answers I got a personality disorder diagnosis as anti-social. I had never been arrested or anything like that and I did not drink more than a few beers, or even smoke dope at the time. This quack was clearly on a mission given him by VA in the 1980's to cut the rolls of disabled vets on compensation. They failed, but that exam comes up even today. The VA will zero in on that exam, and ignore all the others that said I had medical mental illness.

The rest of my C&P exams for the mental health issue were about 10 minutes long and consisted of : Do you have a plan to kill yourself? Do you have a job, and do your hear voices, or see things that are not there? I said "NO" to all three and my increase request from 10% was denied. The facts that I suffered from anxiety and depression enough to have me on meds and therapy for decades meant nothing to these geeks. The way you fight this is by getting good IMO's/IME's from doctors who will be your advocate.

If I had to come up with a single VA VA Complaint, It would be that the VA's bureaucratic driven goals, processes, and way of doing things
is just that! As a result, the VA considers administrative issues and ways of doing things far more important than actually delivering services to veterans.
The sole reason for the VA existence is to provide services to veterans. When it cannot or does not provide them in the needed time frames and so forth,
it has failed in it's assigned tasks, and is in violation of law.

Part of the problem is that the VA has it's own idea of what it should be doing, rather than using the actual needs of veterans as the over riding guide.
On the medical side, the VA, for decades, has concentrated on providing "routine" medical care, with acute medical care something that was given short shrift,
at least outside of in hospital care. The end result is that the VA's "primary care" is actually more of a system to deal with data gathering, prescriptions, and so forth.

One major improvement might be to reduce the requirement for VA PCPs to issue duplicate prescriptions for VA supplied drugs, etc., when well and better qualified private physicians have already issued a prescription that is valid anywhere else but the VA's pharmacy.

Don't think in those terms, otherwise you will already have lost. If you have the evidence, in service medical records and a paper trail, if you also have continuity of treatment then you have the right ammunition for a claim. Don't shoot yourself before you have begun your fight.

I wish you fair winds and following seas and I hope you get what is owed to you.

yes you can call and change your c/p appointment. However, let me tell you the experiences I have had with several veterans that called and changed their appointments. The VARO sent a denial letter to the veteran and stated that the reason for denial is due to failure to meet scheduled appointment. Now the veteran has to re-file and request another c/p exam. I have called the C/P exam folks several times on behalf of veterans that have gone through this ordeal. Amazingly they have had no record of any telephone calls.
I strongly suggest that you find someone to take him to his appointment, Even at his age, his claim is handled expeditiously, but with no c/p appointment, you can almost count on a denial. This has just happened too many times