bluevet

Sounds to me like they realized their mistake and re-opened your claim for re-adjudication and put it as an FDC to expedite. Does e-benefits show the claim as having the July 24 date or does it show the date of your original filing?

There's obviously a glitch in the system. Something about your e-file data may be corrupted. I would try requesting a letter the old fashioned way, by sending a letter or calling the 1800 number. The idea being that someone at the R.O. may try to access the same system to print it out, causing them to notice the data corruption in the process. It's worth a try.

Have you applied for healthcare? Those requirements are not written in stone. I served 22 months and was chaptered out with a "personality disorder" ( Had a mental health hospitalization in service) and I've had VA healthcare for years. If you haven't applied, you should.

If you want your claim expedited under the "Fully Developed Claim" process, then you must use form 21-526EZ. If you do not want your claim expedited, then you can use either form.

One thing that is a major factor in TDIU decisions, yet is rarely discussed on decision letters, is your employment history. Are you working now? Have you been gainfully employed in the recent past? Did you leave your last job because of your disability? Since the rater of your claim didn't mention anything about disqualifying you due to not meeting the rating requirement, I guess you are ok there, although it's confusing. If the IMO you sent in with your NOD discusses your ability to be gainfully employed, that should go a long way.

Sounds like you're good to go. Please make sure and let us know how it turns out for you. Good Luck!

Let me guess, you filed an Fully Developed Claim and your 6 month deadline was looming? The same thing happened to me and the C&P that the VA received was totally and completely inadequate and should never have been used to render a decision, but the VA used it to deny my claim anyway, I assume because they were under mandate to complete my claim in 6 months and the C&P came in on the last day. If I had known then what I know now, I would have sought an IME without waiting for my C&P to come back. If I were you, I would request a copy of the C&P right away. If your R.O. is close enough, you can walk in and get it.

Check the e-benefits appeals tracking tab to see if your PTSD claim is listed there. You'll need to use the mobile site because the appeals tracking on the main site is down until September. Here's the mobile site address: https://m.ebenefits.va.gov/ebenefits-portal/portletHtml/Mobile/index.html Let me know is you see your PTSD there. I have a pretty good idea of what's going on, but I want to know if you see it there before I open my mouth.

I'm probably not understanding correctly, but from what you wrote, your melanoma and kerotosis are already established as service connected. If that's the case, then the only thing for the VA to consider is whether you level of disability has increased. Why are you concerned about issues of causation? Am I confused?

I found a VA systems management document online that is a reference manual for VA systems. There are references to the terms "corporate" as well as "backfill" throughout. The closest I came to finding your quote is this: A claim in “open” status will automatically be changed to “ready for decision” if the corporate record is pulled into the RBA2000 application. Could be that someone at the VA had pulled your claim into the RBA2000 system. That system is used to do the calculation on ratings that include bilateral factors.

You're certainly allowed to submit any lay evidence that you wish, either by sending it into the Evidence Intake Center or by walking it in when you have your DRO hearing. Just keep in mind that it's not necessarily a good idea to dump a bunch of paper into your claims file. Especially when the C&P you posted is so favorable. You want the DRO or rater to spend their time focusing on that. How do you think the fitness reports and awards help your claim? Do you think they speak to service connection of level of disability? You said the VA decided your original claim without a C&P? How did that happen? Is there any negative evidence in your c-file? An example of negative evidence would be a doctor opining that your condition is not service connected. If there isn't any negative evidence to overcome, then there shouldn't be any need to send any additional evidence to support service connection, the C&P says it all It really seems to me that you have done everything right and it may be time for you to try to let go until you hear from the DRO. You can point out at your hearing the discrepancy on the C&P between symptoms and level of impairment, but other than that, you're done. Now all you can do is wait. I'm in the same position, so I know it's not easy, but you'll go crazy thinking of more and more things that you can do. Take a break, you deserve it I'm sure.

Ebenefits will make you crazy if you let it. Especially while your under appeal or DRO review. There is no real appeals tracking information available to watch your claim move. I for one have spent plenty of time obsessing over Ebenefits. I stopped looking at it, there really is no point until I am contacted by the DRO.

Vietvet, here are the basic rating requirements for TDIU, "Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is unable to secure or follow a substantially gainful occupation as a result of service- connected disabilities. If a claimant has only one such disability, the disability must be rated at 60 percent or more, and that, if the claimant has two or more disabilities, at least one disability must be rated at 40 percent or more, with sufficient additional disability ratings to bring the combined rating to 70 percent or more." Since your rating is a combined rating, the VA normally requires that one of your conditions be rated at least 40% in order to consider you for TDIU. Any chance of getting a rating increase on your PTSD?

Wingnut, can you post the C&P (remove any personally identifying info), including the Instructions to the examiner and give us a little background? Is this a claim for increase or a VA scheduled re-examination or something else?

Did they deny your PTSD or are you just seeking increase?

Looks like a 70% rating to me. I'm not sure why he chose "Occupational and social impairment with reduced reliability and productivity ", that is a 50% level of impairment, but your symptoms clearly indicate at least 70%. This is the second time I've seen this on a DBQ today. I don't think the C&P doctors are trained very well on what levels of impairment are suggested by which symptoms. It could be he went low because you're in school and functioning well. The VA is required to look at the total picture. They don't just go by the examiners opinion on level of impairment. My first C&P examiner actually gave me an impairment opinion equal to 30%, even though my symptoms suggested 70%. The good news is that the rater went by the symptomology, as he is supposed to do and rated me 70%, although they denied service connection, which I'm appealing now. I think you'll get rated 70, if you don't, there's always the DRO.

Just to make sure you understand the process. When you file a NOD, the VA will send you a letter acknowledging the receipt of your NOD and explaining your options. Option 1 is a DRO De Novo review. De Novo simply means "starting from the beginning". A DRO (Decision Review Officer) is a senior rater who will look at your claim with fresh eyes and render a decision. The DRO does not give any consideration whatsoever to the previous decision. If you are not successful through the DRO process, you will get a "statement of the case" and you can then file for appeal to the BVA (Board of Veterans Appeals). Option 2 is to appeal directly to the BVA, in which case the R.O. (Regional Office) will simply prepare a statement of the case and prepare your claim to send to the BVA. The letter will give you 60 days in which to inform the R.O. which option you prefer. If you do not respond within 60 days, you are automatically given option 2. Most veterans choose option 1. This is simply because it is one additional chance to win your claim, before going to the BVA. Hope this helps

All you need to do is file the same way that you file any claim and submit the new & material evidence with the filing. The VA will automatically re-open the previous claim as long as the new evidence qualifies.

Hi Triman, Filing an appeal and requesting a DRO De Novo review can take a long time. In some regional offices, DRO review is averaging 2 years. On the other hand, if you have new and material evidence (evidence that was not already submitted) of your condition worsening, you can file for an increase and use the Fully Developed Claim process, which will get you a decision within 6 months. The difference is that if you win an increase through DRO review, you will get back pay from the same effective date of your current claim. If you go the route of simply filing for an increase, you will only get paid from the date of that filing. Good Luck!

Pete, I'm not sure this is entirely true any longer. Most c-files have been scanned and are now electronic. I was at the regional office last week and to get a copy of my recent C&P. The VSR opened my c-file on his computer and printed the C&P. Then this morning I was on the phone with a rep from the Foreign Legion who accessed my c-file while we were talking and read to me from docs I submitted long ago. Just FYI

Air, Is your MD a VA doctor? VA docs are notorious for refusing to fill out DBQ's or medical opinions. You may need to find a psychologist/psychiatrist to do an IME and Medical Opinion. The IME relates to your current level of disability and the Medical opinion relates to service connection. I used Dr. Brett Valette. He's an expert in VA disability claims and he's a C&P examiner. The report he did for me is outstanding. His info is on this page. https://biacolorado.org/directory/entry/dr-brett-valette-inc/

The VA is required to re-open a claim anytime "New And Material" evidence is received regarding a previously decided claim. Sometimes, when an issue someone is claiming is very similar or has the same pathology as a previously decided claim, the VA will reopen the previous claim.

Buck, You do not need to wait until you get those records to file your NOD. You do not need to submit your evidence at the same time as your NOD, you can send in new evidence at any time and even walk the new evidence in during your hearing. You also don't need to present any specific arguments with your NOD, all that is required is that you list the conditions, the decisions for which you disagree. For example: If you claimed 3 conditions and all were denied, you just list those three conditions. Also, have you requested a copy of your c-file from the VA? If not, I would recommend doing so as it's crucial to a successful appeal to know exactly what the VA is looking at. I say this because your getting your records from NPRC will not necessarily give you a total picture of what's in you c-file. Good luck. P.S. Are you going to request DRO review?

Ryguy, here's a link to a BVA Citation that may help you understand the terminology a bit more. I've read a couple of citations on Flat Feet claims and both made reference to the condition of the Achilles in the evaluation of Pes Planus. Hope this helps: http://www.va.gov/vetapp09/files1/0907955.txt