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Bevo
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Posts posted by Bevo
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I am pretty positive about this all today. In the beginning I had 8 things to appeal, now I have just 1. And I am pretty confident. The thing they did wrong was take long enough for me to learn as much as I know now. They classified my shoulders as "shoulder condition" and the c and p was incomplete and incorrect. I also can afford treatment now, so I am going to have my doctor, who wrote the nexus statement, complete a DBQ to put in my appeal. I am in a lot less debt now and getting a bigger payment. Life is good. Time to relax. And then make it my mission to help other vets. I already helped one. A marine vet who hurt his knee in Somalia was talking to me and he got denied because of a nexus. He has documentation of hurting his knee in Somalia AND a CAR. He had no idea of the combat prosumption. Life is good, and instead of feeling so much pressure of debt while I am fighting, I now have more confidence.
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I talked to my VSO today. My cervical spine got 10%, which I expected based on ROM, but I thought they might take into account that both the c&p doc and my doc said it makes my arm go numb... but no.
My bilateral shoulders got 0%. It should have 10% for painful motion. The c&p examiner wrote down that I had painful motion, then checked no in the painful motion box. He did a lot of stuff like that. He checked that the injuries interfered with my work then in the comments wrote that they don't. I talked to someone at VA who recommended I also request an increase for my PTSD from 10 to 30% and I found records of positive TBI screening so I will be doing the following:
Filing a claim for TBI.
Filing an increase for PTSD.
Appealing the 10% for cervical spine, saying they should have rated the numbness to the arm.
Appealing the 0% to the shoulders for painful motion.
The good news is, I did move up from 30% to 40%.
PTSD- 10% Denied in 2008, won on review in 2008
Tinnitus - 10% Denied in 2008, won on review in 2008
Left Knee - 10% Denied in 2008, won on review, August, 2013
Lumbar Strain - 10% Denied in 2008, won on review, August 2012
Cervical Spine Myofascial Pain Syndrome - 10% Denied in 2008, won on review October 2013
Bilateral Shoulders Myofascial Pain Syndrome - 0%. Denied in 208, won on review October 2013
It seems I just knock one peg down at a time, they hope I will go away, but I just keep coming.
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According to iris mine is in what would be the notification phase. I hope yours moves quickly and correctly, glass.
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Got an iris response today from a couple weeks ago. It says as of November the 14th, it is in pending notification. Of course with appeals you can't see that detail at the RO like an original claim. Iris says average is 16 days in this stage and they process in order the claim was received. So I would think a 6 year old claim would be lower than the average. But who knows. Trying to relax is hard. I've been told I'm getting something. I have two items being rated. I know I'm getting at least a 10% increase. That pays a lot of my medical bills off. 20% pays them and then some. So everything in my life is on hold for this, just like many others. Good grief, I'm ready for this to be over. If I get anything less than 2 10s I have to appeal. That would be like Groundhog Day in hell. I think my shoulder should get 10% for painful motion but it hurts all the time not just on movement. So who knows.
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So far that has been true sometimes. I got the letter with the decision from the BVA before my VSO even could see a letter going out. I'm just not sure if it's with them or not. I think the remand portion may be. When I called the VSO call center guy kept bringing up the clank that was finished last summer. You may be right. But so far it's been a crapshoot.
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Yeah, it's just odd. I get such different answers. I think I'm going to try to quit reading tea leaves.
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I had replied from my phone - now at lunch at desk, here is the case where the judge remanded it back after I missed appointments:
http://www.va.gov/vetapp13/Files2/1315397.txt
It turns out that while the VBA had the new correct address, when I went into my "Blue Button" file, the old address was there. So VBA could send me denials all day to the correct address, but the VHA was sending appointments to the wrong place.
What I did:
1. Went nuts. I contacted every legislator that represented me and CC'd them and my VSO on a response.
2. Explained what had happened.
Now the VA can come back and say it was your fault if the address is incorrect somewhere. But I would try, and make sure they know if they are going to throw your claim out over this nonsense that you will not go quietly into the night.
The judge in the case I referenced came up with a silly reason to send it back. Good luck.
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Yesterday I talked to a TVC claims guy that seemed confused by a lot. But he told me my claim that was rated nov14th is now "at TVC" but couldn't tell me more. I could see the remand being farmed out to the VSO but why would my rating be there? I called Peggy and she said it doesn't say anything like that and the rate should be processed soon. Anyone ever see an RO give it to the VSO to review after they've rated? My VSO counselor is hard to get in touch with. Always in bohica mode.
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Yeah I say try what you can, see if you can somehow prove they were at fault. I know in my case they found every silly reason to blame. Luckily a sympathetic judge helped me out. Good luck.
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I had the exact thing happen to me when my claim was already on remand from BVA. The vlj remanded again for an exam because he found other things needed to decide the claim. Is there any other reason bedsides missed exam that you could appeal on? Missed exams can be hard to overcome once the denial is made. Maybe someone else has a better idea?
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Every time I have had a denial, it has been really quick - like a day with the rater. Favorable decisions have taken longer. In my experience the fast ones often miss evidence and deny. I would have more confidence in a decision someone took their time with. That said, it could also just be in line for the rater. I hope you get a fair decision promptly!
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when a claim is remanded back to the VARO, that claim is supposed to be expedited. I can not speak for other VARO's, but I do know for a fact that the Louisville, KY VARO can only work on 5 remands a month, that's it. They are currently on February of 2011 remands.
The rationale is anything more would be taking away from the work on the backlog of claims, which is the priority right now. I've also been told that other VARO's have taken the same stance on remands. This would make me believe the reasoning a remanded claim takes so long.
Despite my panic attack earlier, this is completely contrary to my experience with remands and BVA decisions. Who told you that Louisville VARO is only working 5 remands a month.
The person helping me out contacted my VARO and they said the rater had rated it. When I called the 1-800 number the next day, they too said it had been rated and was in its final processing. According to the person I had talked to the raters got it Tuesday. They then rated it Thursday. So the people next in the process got it later. I think this fits in with what I was told that it will be done the 22nd. I would delete this thread since it was a nonsense panic in hindsight, but maybe it will help others out.
But if you have it in writing or in fact that a VARO is only processing 5 remands and is processing February 2011 remands, that needs to be brought to someone's attention. I had remands in August 2012, May 2013, and October 2013. The August one was handled and sent back to BVA in April 2013, the May was sent back in August 2013. Both required C&P exams in the process.
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Things are moving fast. Va contacted me and said the rater rated it and to be watching my bank account and the mail. No changes in ebennies yet. Completely on pins and needles. I think I will have a beer.
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Okay. I talked to someone helpful at the VA who looked into it and it has a time limit on it and should be done within two weeks. The RO is apparently being given pretty strict dates on BVA decisions now. I am lucky to have found someone really helpful at the VA. They actually agreed that letter was confusing for someone in my shoes.
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They definitely have previously handled it expeditiously, but that was when the AMC rated. The AMC seemed to rate really quick. Based on VASRD the cervical spine should be 10% for ROM. The right shoulder should get 10% for pain with motion (my knee got 10% that way) and the left shoulder could either be 0% or 10%. There is slightly limited ROM in both shoulders. The right one is really painful though and causes my right arm to go numb.
I think there are some ways they could technically rate higher. My C&P said it interferes with work and that I have to lay down to alleviate the pain in a certain way. I am just hoping for 2 10% ratings. That would bump me from 30% (with 4 10s) to 50 and pay all the medical debt off I have incurred. And a little bit more.
My hope is just that my claim was not put in with all of the new claims. No offense to those people - they should get their benefits too, but I would hate to be put in the back of the line at this point.
There is one person at VA that seems to want to help and he is supposed to find out. When I sent him the letter he said it made no sense that I would be receiving that particular letter.
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I guess I'm disappointed. Previous times where the BVA approved, the AMC rated me within 14 days. The va had told me it had been rated and expect completion this week. Also the remand said they had to supply an SOC on my dependent but no soc as of yet. Waco is so so terrible I was hoping not to be shoved in that black hole. My last c&p was August 5, so hopefully they use it.
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I have hung in there since filing in 2008. I finally have won service connections on my contentions. And then this? I just wish there was someone who had an appeal approved and sent back to the Waco RO that could tell me if this is a form letter or if it really means I will be waiting a few more years.
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It just destroyed my day. It's an appeal that the BVA just granted and a remand. I hope it's just a badly worded letter.
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Sorry, here is the letter.
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The BVA remanded my dependent effective date and approved 2 new service connections as I have previously posted On October 30th. Today I got the attached letter. It makes it look like Waco is shoving it to the back of the line? This was filed is a 5 1/2 year old appeal!!! What can I do here?
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A lay statement that might be helpful is one similar to a buddy statement I had - the guy said he knew of the injury event and that I complained to him of the symptoms media rely after abd several times since. If you have someone who knew you and that you'd complained to or that had knowledge that might help. If you get that and get a doctor to write some sort of nexus you might have a good chance. A doctor should be able to look at your records, listen to your lay symptomology and determine if its at least as likky as not connected. Buddy statements can help with credibility but the IME IMO is what you probably need.
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Still no second envelope so either the mail is really slow or not every decision and dispatch means a letter. I wish you could just download letters they've sent. If the AMC made a rating I've got 30 days to respond, right? Ugh.
Still no second envelope so either the mail is really slow or not every decision and dispatch means a letter. I wish you could just download letters they've sent. If the AMC made a rating I've got 30 days to respond, right? Ugh.
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If you have two decisions and dispatches do you always get 2 letter? I had one on the 30th from the vlj and got it. Another is dated the 31st and no sign of it. Do they always send you something when it says this or could it just have been dispatched to the RO?
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Yep, ROs deny for all sorts of nonsense. Often it's contrary to every law and regulation. Post the wording of the denial and let everyone dog in.
Hooters has free food Monday too.
Sent In My Nod
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
Been a while, but I plan on coming back to hopefully give advice where I can and post updates.
After a 6 year appeal process, I finally won several service connections. Two, however were rated too low according to my reading of the VASRD and the evidence- right shoulder at 0%, should be 10% and cervical spine at 10% should be 20%. I sent in my NOD today and am hoping for the best.
I was also advised by multiple people to request an increase on my PTSD, currently at 10%. I meet the criteria for more based on symptoms but I stopped seeking treatment long ago. I waiting to request the increase until the appeal is over so as not to clog things up for myself and am somewhat apprehensive I will get rated down to 0% since I am not being treated.
Anyhow, I apologize for disappearing. I plan to be back to help others. I was just pretty stressed out with the entire process and needed a break.
The good news is I paid down a lot, but not all of my debt with what I got and qualified for a new house. This is great news with a second kid on the way.
So far I am 6 wins, 1 loss in appeals to the VA. Just 1 of these appeals winning is over $12k more in back pay. Last time I appealed, it took the RO no time to re-deny it and then about 4 years to get to the BVA. I hope I did a better job this time and the RO will bump at least one of the two up by 10%.