GatorNavy

I wouldn't worry about it. I doubt they are smart enough to lie to you so you won't send in any evidence that is vital to your claim. JOVO, the lower rung inside the VARO are like trained monkeys that push buttons and let the PC do the logic for them. Probably a form letter that was inadvertently printed. An effective date is etched in stone although they like to try and play around with it sometimes.

It can't hurt to contact your Congressmen, just that you don't want to call out the big guns until absolutely necessary. By law, for each constituent inquiry the Congressmen must give the VA (or any other Federal Agency) 30 days to respond. And they will always wait until the 29th day 2300 hours to do so.

For a reconsideration there needs to be "new and material" evidence to make a difference. Technically it is a re-opening of the claim. The reasoning behind that process is because conditions can worsen or new evidence can be found in the time it takes to process a decision. A reconsideration (re-open) is not an appeal and was never meant to be. The administrative review will look at all evidence used in the decision and beat that against the new evidence submitted to re-open the claim. Hang in there, relax, take it step by step.and everything will get straightened out.

It's always worth a try to get a nexus letter from a VA specialist. I got one. The C&P examiner can give a favorable nexus also. I think it is more likely to get a favorable nexus from a mental C&P exam simply because they have to be board certified psychologists or psychiatrists. For any other type of exam they could get a part time nurse who just finished their AA degree. They could just as well get a young, inexperienced, family practice MD to opine on chronic liver disease for example. Back to the mental condition, even though there may be multiple diagnoses, there can be only one rating. I pulled the DBQ from the C&P and compared that to the schedule of ratings. This is one area where the rater can twist and turn with a low-ball. However a low GAF, can't be ignored as well as documented suicidal or homicidal tendencies. It will be a looong time before the VA moves to the next higher DSM.

The letter says that it is ok for the VA doctors to do a nexus letter although all hell will break loose if they don't do it right. Of course the VBA keeps those "rules" like a guarded secret, so the VA docs are hesitant since it could cost them their job or at the very least their next raise. I got a nexus letter from a VA practitioner and she was harangued by the VBA to the point that she is no longer working in that capacity. My VA shrink wouldn't give me one. He told me that it was the responsibility of the VBA. He is Japanese and his little spiel sounded too well rehearsed for him to come up with it on his own. When I claimed the bent brain syndrome, they didn't want to give a C&P for 7 months. I told them that won't pass muster and I needed one sooner. They scheduled one sooner but I had to drive 100 miles. Luckily, he was a famous shrink with a published reputation and took the exam on because he found my case interesting. He didn't fall under the spell of the wicked witch of the West (VSCM) and I got a decent rating out of it. Even a blind hog finds an acorn once in a while!

Admin reviews, DRO reviews are just smoke and mirrors in my book. You ask for a hearing at the RO and you get lip service, big deal! So the FDC takes what? A month or two sooner to arrive at a decision? The same percentage of Vets are denied or low-balled. An FDC going to traditional appeal (BVA Hearing) is still 5-7 years out for a rating decision that has any semblance of justice. But if a vet doesn't have all of the ducks in a row they could enter the wormhole of bending space-time continuum also known as the BVA remand. Then when 'ol Rip Van Vet awakes, decades have passed by. The VBA is fat with excuses but slim pickens` for results. P.S. getting a remand to be rated for a grant of service connection is a horse of a different color.

I've had claims go from PDA back to gathering evidence more than once. The raters are finished with your claim and they have thrown your C-file over the cubicle wall to the team that checks everything and then writes up the decision. If something is missing it is tossed back over the wall and back to the rater. You might get lucky and your claim moves ahead in a month or so. I'd give craps at Vegas better odds though. I just have experience doing my own claims. I think maybe the VA came up with ebennys because the VSOs were complainin all of the time. Good for lowering your GAF by 10 points should you have one.

That's great! I apologize about all of the late edits, I am kinda spaced out this morning.

Basically, your claim is before the raters now. The time frame is just a software guestimate and has a default setting. However the end date can be changed by the VARO. Sometimes the end date will expire and won't be updated however they are still working on your claim. Looks like quite possibly that they didn't get the stressor evidence needed to support the PTSD claim and they didn't get the evidence needed to re-open the hearing loss claim. However anything on ebenefits is highly speculative. The way things are looking I will take a SWAG and say that you have a VSO with DAV and things aren't going very well for your claim. But then again ebenefits is about as accurate as buckshot at 500 meters. My VARO has lost or just flat out ignored any positive evidence that I sent in on my claim. That's why I,m off to the BVA this time with the evidence in hand. I don't want to upset you but if it were me, I would be finding out pronto what is going on if I have a VSO, do an IRIS query, or driving down to the RO to find out where my claim is at.

From a typical BVA decision: In order to establish service connection for a claimed disorder, the following must be shown: (1) medical evidence of a current disability; (2) medical, or in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the current disability. Hickson v. West, 12 Vet. App. 247, 253 (1999). Additionally, service connection may be granted where a disability is determined to be proximately due to or the result of a service-connected disease or injury. 38 C.F.R. § 3.310. Establishing service connection on a secondary basis requires evidence sufficient to show (1) that a current disability exists and (2) that the current disability was either (a) caused by or (b) aggravated by a service-connected disability. Allen v. Brown, 7 Vet. App. 439, 448 (1995) (en banc).

Kate, You have already filed a claim for him so the VARO should have those SMRs in the C-file. You should be able to make an appointment to see the c-file. You can do a FICA request and get a copy of the entire C-file (recommended). You can also request the records online at the NPRC which is faster than sending or faxing in an SF-180. My 10 years of active duty medical records are "lost in space" because I filed in 1986 and have a protected rating. Hindsight tells me it is wise to have the SMRs or the entire C-file before filing anything else. Look on the evidence list on the decision to see if the SMRs are included. Maybe the VA took the opportunity to deep-six them like they did with mine. Making multiple requests to NPRC with SF-180s sometimes works. If he was ever in a military hospital you might be able to get those inpatient records rather quickly from NRPC with an SF-180 specifying the name of the hospital, address or location and approx. dates of hospitalization. Those records are kept at the military hospital (usually) and thus the VA can't accidentally on purpose "lose" those records. Just be sure to get the NOD in before the one year is up since the decision so you can keep the effective date of your claim alive. I know it gets frustrating. I am getting up there in age also and very ill most of the time. You may want to think about hiring a good (well recommended) VA Compensation Attorney as 75% of something is better than 100% of nothing. We just have to relax and wait it out which is much easier said than done. I kinda feel for the young WOT Vets. They are looking for “instant gratification” on the fast track and all too often end up with a denial or lowball. This is a marathon race not a sprint. It just takes some time (years maybe) but there is a pot of gold at the end of the rainbow, we just have to wait for the rain to end.

If you want to get a jump on things fill out page one of the attached form and then put your name and claim no. in the right hand corner of every page you submit and the page number (1of8 for example). On the form explain exactly what it is that you are submitting in support of your TDIU claim. Statement_Support_Claim_blank.pdf

Next step should be a C&P exam. I've checked Ebenefits under Exam Appointment Calendar and nothing shows there yet. Do I need to go into MyHealthyVet and view that exam calendar, too?? Or are they the same thing??? ----------------------------------------------------------------------------------------------------------- Your C&P exams will show up in ebennies appt calendar. You should get the letter first though. The "gathering of evidence" stage is where your claim will probably stay the longest. Your claim may ping pong between a higher step and then go back to "gathering of evidence" again.

oc Rehab was not feasible Solely due to your SCs, that is great evidence for TDIU My VSO said not to submit that because they should already have it and it would only slow down the process? I thought that sounded odd, should I submit it now? ------------------------------------------------------------------------------------------------------------------- Never assume that the VA has anything and never trust your VSO to send anything. Their tendency is to lose or ignore things for some reason. But it seems as though they put glue on the negative evidence. All they will do is send you back the duplicates if they already have it.

Way back when....they had UDT teams. Then later on when I was long gone; I heard the Navy wanted more specialized divers so they did away with the UDT as part of the SEAL teams. Blue tees and khaki shorts were their uniform of the day. The 'ol Master Chief had fins and web feet and was as crusty as Blackbeard. There are different kinds of tough.... I've been listening to the radio shows for a while now. Check the archives out if you haven't yet. Thanks for your service! Good luck to you... Gator

Welcome aboard....I'm new here too. I have a spinal injury and it caused a severe mental condition because of the pain and lack of sleep. The mental condition was documented in my Service Med Recs though. However I was not service connected for that when I left the service. I would suggest making an appointment with mental health and tell them about the pain and lack of sleep and how distraught you are, basically what it going on with you. My mental condition is secondary to my DDD. You could then file the diagnosis as the secondary if the shrink opines that it is due to your SC conditions. Push them on the TDIU. They only send out 21-4192 to employers you have had in the last 5 years. When they send one out to a past employer they will wait 30 days and then they are supposed to send it out again and wait another 30 days. They tell you it is your responsibility to get it done but really it is up to the VA. Most employers won't send them back in anyway because they don't want to be liable. If you are having a financial hardship with paying the bills then you can claim that. A VA social worker is supposed to document all of that. Two years ago I was very sick, in a lot of pain, couldn't sleep and didn't have enough money coming in to live on. All of that stress can make everything else even worse. I would get a good SSDI attorney right away and get the ball rolling. I went with Binder and Binder. Two phone calls and filled out a few forms and several months later I was approved. If your VSO becomes a hurdle, you can dump them by rescinding the POA and either find another VSO or do it yourself until you get the decision letter then you can hire an attorney if you want to. I hung around you guys at LC and Coronado so I know you are tough as nails. Hang in there! I think that Berta and Carlie are really angels with high IQs sent here from Heaven to help us Vets!

i agree. That's the way it should be, but never has and never will.... When dealing with the Gov't there is no open and shut case...The "system" is designed to delay and deny. The way to "win" the benefits that are rightfully yours to begin with is to wait for the VA to make mistakes and then get an attorney to argue your case. Think of the VARO as a big fishing net with a few small holes. A few fish will get through and move on till they get caught up in the BVA net. A few fish will get through the BVA net to get caught in the CAVC net. It's a marathon race not a sprint. Some will burnout and fall to the wayside while others will pace themselves to the finish line. I am on year 5 of my claim and although I have made some great strides, I still have at least a year (probably two) before this claim is finished. For a VA claim to take 5-7 years doesn't seem to be out of the ordinary though. Some believe the FDC is just a faster denial and will cause the appeals "backlog" to balloon. In any event it takes the patience of Job and the tenacity of Daniel to process your claim with the VA. That's been my experience anyway. This is a good thread to understand what goes on at the CAVC should I have the need to get there. Getting a BVA VLJ that can see the light seems to be the luck of the draw sometimes after having read a hundred cases or so. The "art" of crafting a JMR, interesting.

Let's come to grips with terminology for your understanding and so the people here are better poised to help you. DRO - Decision Review Officer (VARO) who is deciding your appealed claim VSO - Veteran Service Officer is the one working your claim that you gave a special power of attorney to. SOC - Statement of the Case which contains denied items or partial grants The DRO will send out the SOC explaining what was denied. If there is a partial grant the rating specialist will get the SOC and do a Rating Decision. The rating decision takes longer to do then the SOC. But you should get both in the mail at the same time unless everything was denied then you will only get a SOC. Simply because they listed a SOC in ebennies doesn't mean that you won't also be getting a rating decision. It merely indicates that the DRO has finished deciding your appeal. Don't get your hopes up though. A DRO review is all too often just a a rubber stamp of the original decision. I have had two of them and they were just a waste of time. However, if you are not happy with the decision get your form 9 submitted pronto (within 60 days) and get in line at the BVA with your appeal. I could be wrong to some degree as I have only worked my own claims for about four years. Gator

Mondays and Fridays are not the best of days. Same thing with unhealthy vet.... The info is only as good as the people who update them....of which there is no requirement for updating or the accuracy of those updates. You have better odds playing craps in Vegas. For me its just too frustrating watching the ping pong game between pending decision approval and gathering evidence. The appeals section coiuld more aptly be named "slow rot" or "Rip Van Winkle's Tree ". Printing out the letters is a good feature though. Gator

I have two IMOs for nexus on the SC for HCV. Since I am already 80-50 without the HCV, it could be argued that the SC disabilities alone preclude me from "gainful" employment. However, the HCV is the condition that can kill me so I won't rest until I get SC'd for the hep c and the chirrosis that it has caused. Hopefully I will git 'er dun while I am still on this side of the grass.

I am 60 and my SSDI attorney got the review date pushed out 5-7 years. I think the rater painted himself into a corner when he wrote this in the SSOC: "A review of your SSDI records show you were awarded disability benefits based upon the severity of your service connected and non-service connected disabilities. Unfortunately your non-service connected hepatitis C cannot be used when considering entitlement to individual unemployability." --------------------------------------------------------------- I am pushing for the VLJ to grant SC for the Hep and IU with one swing of the gavel. I would expect a remand back to the RO in order to rate the HCV and that is when I was going to attach the evidence for the secondaries. At least the VA docs did me justice with my VISTA records. They were very clear that: "this condition is due to the hepatitis C."

"If the 8940 has already been filed for the TDIU, oh well." I don't quite understand this about the TDIU. But, all else makes for perfectly sound reasoning and advice. I expect to get to 100% schedular. I just thought that the effective date would be earlier for the IU and I could draw at 100% rate until the decision for 100% schedular comes down the pike. I am interferon intolerant and never did take that rat poison.

I have a BVA hearing coming up this spring. The contentions are service connection for Hepatitis C and TDIU. Since I appealed; I have developed chirrosis because of the HCV. How should the secondaries be handled? I am already 80% and on SSDI. The RO denied IU on the basis that my Hepatitis C is not service connected. My PCP (VA) filled out a multiple condition questionaire for my SSDI attorney that states I can not work and why. Thanks in advance! Gator

One thing about the FDC (Fast Denied Claim) is try to do a DBQ for IU.....oops! Well, if I hadn't found Asknod or Hadit, I would be "screwed, blued and tatooed" which is a Navy term similiar to "screwed the pooch". And it's cold enough here to freeze the balls off of a brass monkey! According to the VA, TDIU is all about that one thing: