vern2

update on my CUE, which was listed in eBenefits as claim. No response for 7 months, so sent IRIS and inquiry. This is response I received today. Note; this had not been listed as CUE claim until today! same old VA, over one year to make a decision, and never contactged me for any questions, info or nothing the comment by me are what I found in the preparation for decision box. this has differnet estimated datge than the estimated completion date. Preparation for decision was June 5, 2014, same date as my IRIS query! Strange or more of VA trying to cook the books. Vern

Some movement on my NOD, but it may be sideways Response from IRIS on 9 June 2014 on status of my NOD, sent 30 September 2013 and received by VA on 7 October 2013. This is in response to your inquiry to the Department of Veterans Affairs (VA) dated May 31, 2014. We are forwarding this inquiry to our St. Petersburg Regional Office as your election of a de novo review by the Decision Review Officer (DRO). They will contact you regarding this matter. We received your Notice of Disagreement (NOD) on October 7, 2013. You elected a review by a decision review officer (DRO). Right now, your appeal is awaiting that review. If we need additional information, we will notify you. If we do not need any additional information, the DRO will render a decision, and you will receive written notification. The processing of an NOD averages about 377 days. The length of time it takes to process your NOD depends on the specifics of your case and VA’s pending workload. We are grateful for the service our Veterans have performed for our country, and thankful for their sacrifice. Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below. Sincerely yours, C. Boyd National IRIS Response Center Manager heard nothing from RO on CUE or NOD. Same old story. Another question I had received response of average wait time of 8 months for normal claims vs 377 days for NOD.

Yes, I did TAP briefings for over 8 years at Eglin AFB, 04-11, and encouraged all SM to get tested for OSA b4 they separated. Guess what, VA claims and awards for OSA increased dramatically, due in no small part to my efforts!! Vern

My claim is still at RO, even though initially denied and narrative does not mention a of the 200+ pages of documentation that I uploaded via eBennies. I have mentioned this in my NOD and requested de novo review by DRO, 7 months ago! Yup, feel like hamster in the wheel. I will keep it up.

What happens to documentation that you submit via e Benefits? Does it flow to RO? IRIS sent me an email response one time that stated rating officers had "access" to documentation that we upload. I have uploaded 200+pages, and all I have ever noticed is that upload was successful. The status of waiting for documentation never changed in eBennies to reflect my upload. So what happened?

Sorry, forgot to mention that this was a military doctor who told me to follow the laws of sleep.

Veldrina, I had sleep apnea problems while in service, noted in my STR that I complained of sleep problems, and all the doctor did for me was to tell me to follow the laws of sleep. I was rated 30% for HTN , aggravated by my service . Claim was denied for sleep apnea, although tested twice and have to use a CPAP machine since 2009. Denial stated no record of this in service althoigh I had noted my sleep problems. Seems like the old application of deny, deny and hope they die doctrine! I have IMO, copies of sleep apnea tests, but never tested while on AD, just told to follow the laws of sleep!

Greetings, did more research and found some interesting news on EP (End Products). Below is copy of post i just did on Veterans Benefits Network, another forum. Note: the bold text is highlighted by me! I filed a CUE in August 2013, and then requested a c-file some months later. Noticed a form 21-6789E in my c-file. The form states my rating has been deferred pending receipt of the data indicated below, then Block 8 states Explanation of reason(s) for deferral Please cest EP024 for Veterans claim for CUE regarding rating decision dated 04/05/2007 for hypertension with mild pulmonary hypertension. There is check mark above "dated" and some hand wrote "completed" beneath the reasons for deferral. It is also signed by a rating specialist JL Smith. Looked this up online and found a page where a VSO organization wrote letter to Congress and President in September of 2013 about EP 024. A new EP024 with a special issue (OCR with a second review), see VBA letter 20-13-15 HOWEVER THE VETERANS CLAIM IS STILL AS OLD AS IT WAS WHEN INITIALLY SUBMITTED AND BOOKS HAVE BEEN COOKED. will be contacting Jeff Miller next week about this next week. This letter is from AFGE local 520 to House and Senate VA Committees on Sept 29, 2013.

so what is an EPO 024? Got this in my c-file on a CUE I file last year for claim settled in 07. Never got a response on the CUE!

yes, my two cardiologists filled them out and also separe IMO letters. My primary cardio filled his out by hand but took several months to do so. I gave both doctors copies of my STR, regulations, ratings, etc, with the DBQs. Made my claim very strong, but this all happened after my claim was denied. Claim is still with RO, due to NOD, appeal.

I filed a Claim in Jult 12 to increase my current 30% for HTN, send hard copies in 2012, then in 2013 health got worse, 3 instaces of CHF, hospitalized twice, cardiac ablation. I was bedridden from April-June! And decided to upload my documentation to VA via eBenefits to support my claim. First checked wih IRIS to see if this was feasible, and got email saying yes. my claim was denied and no mention of my 2013 documentation in my narrative letter. Has anyone else had a similar experience where you submit some documentation via mail and some via eBenefits?

yes, and IRIS manager tells me that VA post on eBenefits posts come from the RO handling your claim:(

Yes, my 1st CUE alleges error in rating and misapplication of VA law- should have been rated at 60% instead of 30%. The form in my c-file is in reference to this CUE. I was/still asking question about the comment on the VA form about cest ...EPO 24, not sure what this means. My second CUE is on denial of claim with decision date of 22 Sept. 2013. My CUE is clear, ignored over 1/2 of the material facts of record, ignored all of my 200+pages of documentation that are crucial to my claim. This manifestly impacted my claim. The c-file copy sent to me after my claim does not contain any of this 200+ pages, yet I have activity records from VA that show date and time the VA received the documentation and I sent certified latter in July 13 telling them about the 2013 documentation, copy of this letter was in my c-file. I have not sent this CUE yet, as not one year, still hoping for favorable de novo DRO review. I pulled it after I saw one of forum posts, about the one year time frame for CUE notice. Vern

I just filed a CUE on claim that was denied 22 Sept 2013, so it has not been one year. My claim is still at RO, as filed a NOD, and heard nothing more from RO. Am I correct to assume that my CUE is not valid since one year has not passed since denial?

yes, I have a clear CUE, but what does the statement cest EPO24 mean?

Still no response to my October 2013 NOD, I have filed another CUE due to missing documentation "material facts", but heard nothing from RO. Would like to get this resolved B4 I die, since I am 66. If this drags on for 7-8 years or longer then the VA wins, as probably dead by then! vern2

Greetings, Have not been on this forum in many months. I just wanted to make a comment about my CUE notice.I sent a FOIA in to St. Petersburg RO after I sent my CUE notice, and saw the attached form in my c-file. Not sure what it means since I have never received a response to my CUE. This is VA form 21-6789-E found in my c-file It has the RO number (317) and date of rating which was 9/19/13. then in block 4 it states: note: the rating has been deferred pending receipt of data indicated below Block 7: see below Block 8: Explanation of reason(s) for deferral Please cest EPO24 for Veteran's claim for a CUE regarding Rating decision dated 4/5/2007 for hypertension with mild pulmonary hypertension. Thanks My note: check mark above date and signed completed below it. Block 9 rating specialist JL Smith There is no date on this form but had to be after I sent CUE notice on August 29, 2013, BEFORE the rating decision was made on 9/19/13 So what does this mean. I have tried for last 3 days to call Peggy, but system tells me long wait and then hangs up on me! I have filed another CUE about missing documentation and have requested de novo review by DRO, but no response on this either- sent last month. Vern2

Guess why I am wondering is the eBenefits section has my case as listed on Appeal, when that Has not happened yet, just sent a NOD, which will lead to an appeal. Of course eBenefits and VARO do not seem to communicate or it is a one way street, VA will upload to eBennies, but not the other way. Yes, I have learned to be patient. My first claim was filed on 03, finally settled in July 07. So this claim for an increase was filed in July 12, should be settled in 2016!

Is there a timeline for VA to respond to my NOD. I filed via Certified mail and they received it on October 7, 2013. I know that VA is somewhat strict on Vets filing various claims, etc, but what about the VA time to respond? Vern2

YEAH and my Congressman is Jeff Miller, who is chairman of the VA committee. He does not get along very well with VA, is wise to many of their self serving tactics. I am saving this as last resort. I did as ASKNOD suggested and sent today a certified letter to VA OGC for FOIA copy of my C-File. I sent original request to St. Pete back on 27 July 2013, should have responded in 20 days, but they are treating my request as a "claim" and state can not tell me when they will respond!

Saw where ASKNOD sated that he had a 21 day letter he sent as well as some sort of form to sent to CAVC writ of mandamus? ASKNOD: could you post these? I have been trying to get my c-file since July and keep getting the run around, I am in the NOD phase since 1 October 2013, and really would like to see what the VA has in my file, as appears they are missing all of data I sent for 2003- over 200 pages via eB enefits, not a good idea. I do have hard copies and activity record does show what I uploaded on over 45 different times! It appears that E Bennies and RO do not communicate! I also sent follow up letter in August to RO complaining about the missing evidence and followed that up with phone call and was assured on phone that they have all the eBennie stuff, yet my decision evidence did not show anything from 2013! Vern

I have a request in to St. Pete for copy of my c-file, sent certified on 19 July 2013, but no response, it shows up in e Bennies, as pending claim? if they have not responded in 90 days, what is my next step?

I filed a request with St. Pete. On July 7th 2013, it is showing as pending claim in e Bennies. Seems like a long wait.

I had C& P exam in August for increase in my HTN. They will use the DBQ and should measure your BP three times, including one standing. I would suggest taht you keep a log of home BP readings and try to submit it to examiner. I have hypertensive heart disease, secondary to my HTN. This is something you may want to look into as HTN will attack your heart and other organs, such as eyes and kidneys over time.

Update, called help desk, and they admitted could not access va notes, said be 3-4 weeks to get resolved, this was yesterday. Today it is working. THE VA IS FUBAR!