NavyWife

Heres the 10.000 dollar question. why is it that the RO wont sniff a claim that has been decided for DRO hearing or write you a statement of the case for eventual descision by the BVA,in less than 2 years. but if you do a REOPEN, they are on it like a used car salesman at tax refund time. They usually still deny you, but they were able to 1. obtain the rest of any evidence you may have had and 2.. Squashed you initial filing date ..saving the VA boo coo money. They sure do seem to make time to do things that favor the VA but not the veteran. THEY WANT TO PUT THE BOOT IN YOUR ASS BEFORE SOMEONE PUTS YOU WISE. THATS WHY
the advantages of making the vet wait are
1. they might die
2. theres no interest to pay them no matter how long it takes
3. they might commit suicide from thier anguish
4.they could get incarcerated with a felony (desperate people do desperate things ya know)
5,the VA can take thier time and find the " right " CP examiner to rebut evidence in the vets favor
I firmly believe that the way the VA handles claims was a system that was initially designed to SLOW claims down. Now, that shit has gotten hectic, they dont know how to fix it, and speed things up. They have created a moat so deep and a castle wall so high, to delay and deny vets out of thier compensation, that they dont know how to take it down.

WoW Great job PR. What a kind thing to do!!!

Once VA becomes aware that you are unable to work due to your service-connected conditions they're supposed to "infer" TDIU. However they are extremely busy and often times they don't.

So you can tell your VSO that you would like to apply for TDIU now --he can direct you to the proper forms you need to fill out. If he doesn't want to help you then you can do a Google search for the TDIU forms or you can just file for it on ebenefits.


He might say that you don't meet the percentages needed to qualify for TDIU yet. That is true. However what many don't know is that by filing for TDIU before you meet the percentages required, you're essentially requesting an increase up to those percentages. And this maneuver is definitely allowed by the VA regulations. Additionally by filing for TDIU now you secure your effective date once you do finally get approved. In case you have to go through appeals or whatever to finally win TDIU. The effective date would go back to when you first file for TDIU.

I don't know if I explained that very well sorry. Basically file for TDIU now even if your VSO says you don't qualify.

Make certain that you include another copy of the SSDI approval along with the forms for TDIU.

I think it's time to hand this off to an attorney that specializes in veterans claims.

On my first rating I did not get a C&P exam. It makes sense that for PTSD the VA would require a C&P exam. However, the VA does their own thing, and the C&P is not required. If you do get denied you can file a NOD and hire a lawyer. Do you have combat badges or awards? You were in a combat zone so with new PTSD rules you don't even need those things to prove stressors. It is weird that no C&P because how can they give you a current disability rating on the PTSD? I think I have appealed almost all my ratings over the last 40 years.

John

RB-vae=. Rating board va examination

At our RO it normally means if a claim was reopened and new evidence was submitted then it is sent to the rater to determine if the new evidence is material to the reopened claim and whether an exam is warranted. Most vsrs do exams on new claims but when there is a new an material claim it a claim outside the vsr scope it is sent to the rvsr for review for exam. RB-vae is just the reaso given so RO knows where the claim is at. Jmho

sounds like they kept sending you to CP exams until a doctor gave u a negative opinion. welcome to the VA today. your in the right place now, read, read, read. knowledge is your power in this fight, and persistance is your armor. The va takes advantage of your ignorance. Read chapter 38 cfr, and spend abt an hour a night reading on Had it, and you can turn the battleship around, and win.

Hey, I woundn't give up hope. Within eBenefits and under the documents tab, find your award verification letter and check it out if you haven't already. It's a very quick way to see if your overall combined rating changed as a result of the claim being closed. You could be pleasantly surprised if you haven't checked this. Or, on the flip side, you might be fighting mad. I'm to the point now that I just look at the letter and decide that while whatever increase was or wasn't granted, there's going to be more work to do.

If you have a VSO you can call them to inquire about status.

Otherwise, please don't assume the worst. I found it helpful to devote my time to learning about the process and building a stronger case for reconsideration or appeal.

Hang in there!

I am in agreement with Carlie (as usual). Yes, they can rate based solely on the new medical evidence on record, if they bother to actually request that information from the VARO. If the medical evidence resides outside of the VA system, it is up to the vet to get that information to the VARO, via signed release of information forms, and my preferred method of gathering those records yourself and then sending them in along with the request for increase. The usual scenario would be for the VARO to request a updated C&P, however. How long this can take depends on a few factors, such as how many other claims are in line ahead of you, and how many new claims from one of the "priority" groups are filed after your request. As was already said, this is also geographically dependent, too. If Dago, it can take a long time. In Nashville or Waco maybe in just a few months.

I also agree that you have to have this evidence of symptoms in written form, from a doctor with a psychiatric/psychology specialty. It's not enough for you alone to think that you have these symptoms for the higher rating, or even for a nurse practitioner, physician's assistant, or a general practioner to have stated so in your medical records. The only way your medical records from a treating physician or IMO will outweigh the VAMC C&P examiner's is if their credentials are equal to, or greater than the examiner's. You should go over the rating criteria and the Mental Health C&P Exam Quide several times. If you don't know what either of those is saying, Google the phrase in question. You have to have a knowledge on the material greater than that of the rater, and as equal to the examiner as you can. This way you can tell the examiner exactly what is going on with you, and nothing will be lost in medical translastion, as often happens.

Good luck!

Mental Health C&P Exam Worksheet:
http://www.vba.va.gov/bln/21/benefits/exams/disexm37.pdf

Criteria for rating mental disabilities:
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=29f9b18a74de457da30287fab936b31b&rgn=div8&view=text&node=38:1.0.1.1.5.2.111.73&idno=38

bojack - I purchased your medals and paid for them w/paypal. You be sure and keep them and don't try to sell them again. BTW, you can get free replacement of your medals from the government, once. I just hope this wasn't a con. Good luck!!!

pr

Several things to do or know b4 the exam

1. Download and fill out the DBQ for what you are claiming, ex; HTN, heart disease, ED.
2. See if can check out the doctors qualifications, is he/she board certified?
3. Hint: if not a specialist in what you are claiming, say heart disease, then you have grounds for a n appeal. Send the VARO a certified letter immediately after the exam stating that you did not receive a thorough and contemporanous exam since the exam was not conducted by a specialist in your condition.
4. Important thing to ask the examing doctor! Did you read/review my c-file before my appointment?
if the answer is no, or something like I have it but not reviewed it yet, then have still more grounds to claim flawed exam. Again, send that certified letter to VARO, stating that the examiner was not aware of your case history prior to the exam. You have grounds to appeal the denial of any benefit.
The claim will have to be remanded back if gets to VBA or CVACS.
5. It is the law that the above action must happen b4 the exam. EXCELLENT GROUNDS FOR AN APPEAL IF THE C&P EXAM IS UNFAVORABLE. I sent my letter and put the VA on notice. This was Oct 2013, and they ignored my letter, as usual. I will win on appeal.
Doctor did not conduct a thorough and contemporanous exam!
in my case, asked the doctor and he waived his hand a a stack of paperwork to indicate he had my claim, but he had never read or reviewed it!

Begging for a RO Whistleblower

I know you are out there.

We need your help.

The cheating and taking advantage of Veterans at C&P level.
The amount of time it takes to process a claim.
The amount of time it takes to produce a Statement of Case.
The amount of time it takes to get a case to the BVA.

The number of Veterans that are stuck on the hamster wheel.
Deny Deny until they Die.

I ASK THAT ONLY VA RO EMPLOYEES REPLY TO THIS THREAD. PLEASE!!!!

She says you have "mild" symptoms which means 10%. The exam does not make sense to me. God knows what the VARO will make of it, but I bet they go with the "mild" symptoms. All the descriptions of your dress, eye contact, friendliness, are negative for you to getting a higher rating. I would appeal and get an IME when you get the decision. She says you have depressed mood, sleep disturbance and memory problems. That sounds like it should be worth 30%, but she then blows that away with other statements. For years I had a 10% rating with a DX of schizophrenia. Most with schizophrenia are 100%. The rating and the DX are totally at odds. It took IME's to beat that dumb rating. You have hadit so you can win.

John

Some cases can be closed without the need of C&P if all the medical evidence is there and provides the rater with enough evidence to approve and rate the case.
Though it is more common for claims to have C&P's so the examiner can asses how the in service conditin is currently affecting you.

Congratulations to the Vet.

I agree with Pete about the penalty. The VA should at least be required to pay interest on the retro. The government (IRS) doesn't hesitate to charge a penalty and interest to taxpayers who don't pay their financial obligations (taxes) by the required deadline.

Georgiapapa...

I agree w/Berta. As long as the last C&P is less than a year old, they often don't need one, especially if the TDIU issue was "deferred." jmo

pr

According to a report by the American legion these are the top five worst performing regional offices in the country right now.

Worst VAROs by average days to develop and decide benefits claims:
FDC Traditional
1. Seattle, Wash. 245 335
2. Baltimore, Md. 231 385
3. Reno, Nev. 230 410
4. Detroit, Mich. 230 289
5. Oakland, Calif. 226 312

http://www.legion.org/veteransbenefits/221033/legion-logs-more-fully-developed-claims

Actually, it's likely a flaw in how eBenefits is designed and how the RO operates. There was a rater who used to be active on this site for a while and he explained that there is an online checklist of stuff they asked for. Raters can use it but most choose not to...it's one extra step and they can see what they have and what they don't have anyway or keep it hard copy, etc. Because they don't typically use it, when a claim closes, you get this "we never received" list. The list doesn't amount to anything if you submitted what they asked for. The best ways to check are either through your VSO, which you did, via an IRIS request, or just going in and looking yourself at the C-file.

That is good advice.

I got stuck in that situation and contacted my RO and requested a copy of my C-file. A few months later, a couple of giant cardboard boxes appeared on my doorstep. It was everything, including some records for someone else. If you don't want to wait a long time or don't want to obtain a copy, you could instead ask to perform an in-person review of the C-file. They make you an appointment and you show up and get to look through the contents. They won't let you add, remove, or take anything from the file. I did this once to help prove the VA received something that they said they never received. Knowing exactly what they have or don't have in their system can help you determine how to approach your claim. It's not a quick fix, but can be helpful.

Justice will prevail. Hopefully all these employees get fired, or at least get paid at the same rate as our troops that are fighting to keep us free.

Phil--
I think it only works when the claim shows as "Complete".

It just seems to me that many issues could be prevented and existing issues could be resolved in a timely manner if veterans were provided with the same level of service at the VAROs as is provided to claimants at the Social Security Administration. You can usually find a SSA office within a reasonable distance, talk to a SSA rep about your claim in person or on the phone and within a reasonable time period (almost immediately). You can usually get your questions answered by a rep at SSA who has immediate access to your files and actually tries to help you. JMHO.

Georgiapapa

Happy to hear!

HELL YEAH. FILE FOR TDUI .. 100 percent. equivilent.

Also keep this in mind, the VA should have been paying you for PTSD since the day you stepped foot out of vietnam. You accumulatively missed out on likely hundreds of thousands of dollars Of EARNED benifits. Its not charity.