Ricky

Sorry you are having such a hard time with the claim. However, the AMC is not staffed to copy records and provide them to you. Their primary mission is to work claims remanded from the BVA. Any admin requests will simply be forwarded to your original RO as you can see from the reply you recieved.

Your 70 percent rating is standing on its on. The statement that it stands on its on means that they must provide a seperate and distinct rating for it and cannot say it is part of the DMII rating. In such an example lets say the max for the loss of sight is 50 percent (example only). They cannot simply give you a new 50 percent rating and take away the 40 you already have for DMII. Hope this makes sense. Now as to what they have done - it is correct. All seperate ratings are combined to obtain your overall rating - it is the law. They took your 40 percent rating and added your 70 percent rating. 40 + 70 = 82 (in va math 40 +(70x60=42)= 82 percent which gives you an over all 80 percent rating. If they had not given you a stand alone rating for the eyesight then your rating would have been 70 percent.

just as a short and quick example: in you copd case - One doc says the copd is due to your smoking and provides a good rational for his reasoning Another doc says that all though you do smoke your copd is due to your exposure to xxxccxxxxccc and provides a good rational for his reasoning. if no other evidence exists in you file then the evidence for your copd claim is in Relative Equipoise (equal) therefore the BOD should be applied and your claim awarded. It does not mean that you have three letters supporting your claim and two against it. In this case it will depend on how much weight the rater applies to each piece of evidence. If he feels the two against it far out weighs the three for it he will not apply the BOD for as far as he is concerned the BOD does not apply in this type situation. So as you can see a vet can argue that the BOD should apply however, it all depends on that untrained lay person at the VA called a Rater.

USPS will not release such information without a warrant.

cg - sorry to hear about the problems your friend is having. As of this date I do not know of any connection between cancer and general service in the Gulf. However, this does not rule out a specific case if your friend can think of anything that may have caused his situation. Tell him I said good luck and prayers will be with him.

Normally the last step in the process (crossing the t's and dotting the i's) takes anywhere from 7 - 10 days. However, with the backlog (it affects the entire process) to could take 10-18 days - give or take a couple of days. Good luck with outcome

Good luck killer.

Seems like he had a C&P Doc who cared that the veteran received a complete exam instead of the usual wham, bam, thank you buddy kind of doc.

CG, when they say monies owed may be paid by VA, DFAS or both they mean that you could be owed by either or both not that either one could pay you. ie.....if you are owed CRDP retro VA can not pay it. Same as if you are owed VA backpay, DFAS can not pay it cause the monies come from different pots and DFAS has to withhold taxes (VA does not have a way to do this cause VA pay is non-taxable). Hope this makes sense!!!! Joey, the problem you are having is that the phone people of the two agencies do not understand each other. VA is always quick to pay cause they are the ones issuing the rating. Now VA is normally quick about notifying DFAS of the back dated award. Notice I said normally!!!!! However, what DFAS is telling you is correct they cannot work on or issue the retro until they receive official notice of the award. They will not accept your copy of the award cause VA notifies them via a Form......dang the form number escapes me at this moment (to late in the night). Since they received the notice of your award in Dec 08 you are now at the end of that 90 day period so if they owe you (from looking at this before, I believe they do owe you) you should be getting it within the next couple of weeks. Keep calling DFAS and ask "hey what is the status of my CRDP retro". If they mention VA tell them you are not calling about VA you are calling about CRDP retro. Don't get confused when they say something about the "VA Retro Section". This is simply what they are calling the section that handles the retro payments and has nothing to do with VA except they receive the notices from VA and have to review your retired finance record based upon a retroactive VA decision. One would think that when the contract was awarded to pay the retro payments to the first group of retired personnel, it would have had a clause in it that the contractor had to develop a computer program to pay all new claims within at least 30 days if not immediately!!!!! However, it appears they are still doing hand reviews and calculating with stubby pencils. Hey if you still have my number give me a call on Tuesday around noon if you have the time. DFAS is touting that once the form is received from VA they are issuing retro payments within 90 days on new awards. However, as with all government agencies who have contracted work out to a contractor --------- touting dates are hardly never met!!!!!!!!

Your description is very good and yes it is "adversarial". However, in reality it is just a kangaroo court that really does not have any power. If you look at most of their decisions on stand alone vet appeals their main function is to describe what the BVA did wrong and how to fix it - then they remand to them so they can fix it. If it held true Federal Court Status they would look at the problem themselves, make a ruling and either award or deny the claim. The other side of the coin is that even though remanded to the BVA with instructions to fix the problem you will find many, many cases where the BVA simply thumbed their nose at the court and continue to march to their own drum beat - This can be done cause, although lawyers are needed at this point it is still inside of an administrative system. The person you were speaking with was simply another idiot they hired off the street, gave them two to four weeks of training on CFR 38 and then put them behind the phone or key board and titled them "an expert" in VA procedure. You did the right thing by correcting them - this lets them know, if they are trying to blow smoke, that you are knowledgeable of the system - or if they are simply ignorant of the system it gives them some on the job training. Sad, sad way to run a system as diverse as veteran's claims, but thats the way it is.

I believe they were referring to the VA administrative appeals process.

Medical evidence from your doctors that say you are totally and permenatly disabled and your disability is static.

I read somewhere that they were going to receive money to increase staff. However, just a thought, a big reason for the amount of appeals is that new off the street RVSR's are not receiving the amount of training required to insure they know how to properly rate a claim. Therefore, more appeals and yes the ratio of DRO's to RVSR's is way out of sync. In my supporting office the last count I had was approx 20 RVSR's and only three full time DRO's. So my point here is that DRO's are hired from within so the RVSR's who are making simple stupid mistakes will move into DRO slots - The end of the story is: Now you have an un-qualified DRO making a decision on an appeal so off to the BVA we go.

Ruffcreek - congratulations my friend. I am not a SSDI expert but let me take a whack at your questions: -Yes it is common for this type of review to occurr. It is called an On the Record (OTR) review. While your file is sitting there gathering dust waiting for the ALJ hearing, your attorney should (if he/she don't them fire them) ask the SS Office to conduct a OTR review of your claim. This is done due to the fact that after the denial and while getting ready for the hearing, most of the time new evidence is developed and added to the file. Just think of it in VA terms as a DRO review. The request from your attorney will indicate that either 1. the evidence in the file warrants nothing more than an approval or 2. since the denial new evidence has been developed and added to the file which warrants a definite approval. At that point a senior adjudicator will review the file and if appropriate award the claim. They even do this sometimes without any prompting, because they sit there and watch the files pile up while waiting for the one or two ALJ's to schedule the hearings......would kinda be nice if VA functioned this way!!!! -Non-medical requirements are simply those basic requirements needed to establish the claim such as do you meet the required number of work quarters to qualify for SSDI, are you really a citizen, do your dependents meet elgibility requirements etc........; -Normally takes 4-8 weeks depending on the work load of your supporting office. Hope this helps you a little bit. -

Meddac be one smart cookie!!!!! However, all RO's should be using VACOLS only for appeal actions and yep tracking evidence is non-exsistant in VACOLS as it was developed to track the claims folder during appeals. However, to give my guess on how long - most if not all RO's normally get to received mail and it is routed to the appropriate team within 5-7 days.

Using this theory, then how could a veteran be on the hook when VA claims a CUE and then recoups monies paid as a result of the CUE. Yes one can use the system to avoid recoupment and it should be a no brainer each time - but it ain't. I understand where you are coming from but why not simply gather the required evidence and file for it properly instead of rolling the dice and hoping for some dummy on the post d team makes a mistake which could cause you much grief if they catch it at a latter date? Even if the vet wins against recoupment due to the fact it was a 'no fault" finding on the part of the veteran - just think of all the sleepless nights one will suffer cause you know the VA will take one to task even if they know that they, the VA, is wrong and will not win! This is done on a daily basis my friend. All of this is just my honest opinion and I AM NOT SAYING YOU ARE WRONG!!!!!! So don't think I am attacking your opinion or you, I am simply stating my opinion - I still love ya!

John my friend, hang tough as we all know that eventhough this will be a tough battle, you have fought tougher ones!! My God bless you. I will pray for you until you get home and get back to Hadit. Then we will find something to fight about!!!! Chris, We will pray for your dad and your family and ask that God bless each and every one of you and that He keeps a good eye on your dad as he is a wonderful person. Ricky

Yes my friend I hear you - a VERY, VERY bitter and nasty taste!!!!

I do not have the appropriate reference in front of me at this time but take a commonsense look at the situation: You have already requested and was granted a motion to advance your claim on the docket which has prompted BVA to work your claim. Therefore, your claim is being worked on a priority basis and the motion for reconsideration will be handled in the same manner. Keep in mind that the motion for reconsideration is just another tooth in the VA gear and is not a new claim/appeal. Your primary concern should be that your motion for reconsideration is approved. If it has already been approved then you have made it to the top of the hill and they will/should be processing the request.

PG - what happens when the post determination guys make a mistake and generate such a letter with P&T wording? Sure would hate to pay back all of that CH35 money along with the CHAMPVA money when one submits a new claim and the VA finds its mistake and calls a CUE. The most appropriate way to gain P&T is to gather the required medical evidence and file for it. MDD and IBS are the type of disabilities the VA views as "may improve" ones. That is why the RATING decision did not provide a P&T status on the first go around.

From what you are describing this should fit: 7629 Endometriosis: Lesions involving bowel or bladder confirmed by laparoscopy, pelvic pain or heavy or irregular bleeding not controlled by treatment, and bowel or bladder symptoms 50 Pelvic pain or heavy or irregular bleeding not controlled by treatment 30 Pelvic pain or heavy or irregular bleeding requiring continuous treatment for control 10 Note:Diagnosis of endometriosis must be substantiated by laparoscopy.

You got that right!!!! They have weeded through the initial group, however, they are no closer to a fix than they were two years ago. One would think that as they processed the original group they would have re-programed the system so that new awards were adjusted automatically once the info from VA was input into the system. Nope, they just did not see it that way so the new claims just keep stacking up and they keep fixing them with the ole stubby pencil. The contractor hired to fix this should be fired and jailed.

"It's obvious these lengthy in-patient programs were designed for men. No offense guys...but it's easier for you to pick up and take off because if you still have minor children at home, and you are married, there is someone there to take care of them." I think they are designed for two parent homes for there are many single dad vets who face the same problem as you do. I do not know what the answer is but I do not see the VA changing anytime soon.

If you have endometriosis and the nexus between your inservice diagnosis and a current one exist you have a claim. Do not file a claim for fertility issues as the VA will most likely tell you they are not in the baby making business. Not trying to be cruel just letting you know the way the VA thinks - which most of the time is kinda crazy.

Nope