veteran7796

Finally was able to get into e-benefits docs that DO show 10% increase effective 5/31/2011.

CLAIM COMPLETE: Increase to 40% overall. Now I can appeal for my PTSD!! My new AB8 shows effective date of Jan 1st 2014...I assume this is the last update for the award amount and not my actual effective date, right? My VSO said that since it was a CUE they put my effective date back to 5/31/2011 (my initial claim date). If so, I am due backpay from that date.

Tired Coastie, I did send them in. But, the whole system is just backlogged. Even so, the VA is kicking the can down the road on a fix for the backlogs. Even the backlogs have backlogs and so on. As for my finances, this year and last was a perfect storm. I was keeping my head above water by utilizing the Post 9-11 GI Bill and getting a housing stipend. But I graduated and that cut off about $560.00 per month. I dont make much in my federal job ($600 a week after deductions)and raising three boys on that is difficult enough. Anyway, Obama froze federal pay for all workers for 3 years and this year we only got a 1% pay raise which gave me an extra $8 per payday on my check. However, combine that with my property tax increase this year of $300.00, my healthcare premiums went up by $15.00 a payday and the Social Security Tax Relief expired in January which cost me $70.00 per month plus general cost of living. All in all, my costs have increased about $125.00 per month while my check shrank by $70.00. So that's a $200.00 per month net loss. It makes everything worse when you're desperate for relief too.

Yeah, that would be a bit messed up. It does baffle me how every case is different from one to the next even if claims are similar in the number and type of contentions and filing date. For instance, two claims for PTSD get completed on the same exact day and one gets paid within 2 days while the other sits for 6 weeks before payment. I think it comes down to what the VA rep handling your case is willing to get done that day, month, year.

Back to Prep for Notification...so a little progress.

Carlie, I did. My utilities have been shut off 3 times in the past 90 days (gas and electric). Im also well over 30 days late on my mortgage and of course, every other bill. 2014 has been a very bad year.

I know that it does. I've been working for the federal government for almost 20 years (8 years with the Bureau of Prisons). Im just speaking from my experience that if we have 5 working days to get something filed or input into a database, it better be done. Once Program Review time comes around, you will fail audit and be held accountable. Many "policies" contain MUST, SHALL and WILL therefore they are mandatory. When I was Quality Assurance these were direct write ups and could garner administrative action and most times they did. As I said before, if I were to allow a contract to expire before completing all the required paperwork, I would be on the street without pay for 3 days...no question. The VA should be held to the same standard and it appears they are not.

Yeah I know. It just didn't help my appeal evidence though (the foia request). One more question. I submitted info to my vso for financial hardship and the va shows it was received. Does it really help expedite your claim?

No I requested the increase because my 1 year appeal date was nearing and the VA never did anything with my FOIA request to get my records for the appeal.

Exactly. Lol. Once I requested the increase they noticed the error. After that I'll work on the ptsd claim.

No...there there is nothing wrong. I filed my initial claim 5/31/2011....it took until October 2012 to get a C&P exam.

Carlie, The rater I spoke to and my VSO both said the notes on the acct reflect that my inital rating for my neck should have been rated atl10%. Paraphrase: "Due to a Clear and Unmistakable Error the rating for neck injury is increased from 0 to 10% due to range of motion was limited to x amount of degrees during C&P examination....new rating is effective to 5/31/2011. In addition, the rater said they absolutely have 5 working days to promulgate the rating once a decision has been made or they are in violation of policy. As a current federal employee I know that if I were to fail to get certification before a contract expires I would absolutely get paperwork or a day on the street without pay. My mother has worked for the VA for over 30 years (unfortunately not in the compensation arena) and she gives me a very real scenario of what occurs. Its unfortunate.

Carlie, Thanks for the replies. I know timelines vary no doubt. But, if policy is in effect, why is the VA not held accountable for violating that policy by weeks, months or years? Ive been trying to get approved for my neck for 3 and a half years now and come to find out, the delay is a CUE made by the VA. I also understand others have had it worse while others fare better. But, there needs to be more transparency from the VA to the veteran in terms of their claim and where it stands. If the VA is saying average times for a FDC claim are 125 days for a specific RO, yet the real #'s reflect 12 months to 2 years then you have a great disparity and someone is cooking the books to make it look good. My initial claim took over 2 years for 1 contention to get approved and they messed it up so bad it is just laughable. I respect and value your input and you certainly know much more about the VA process than I do. I just dont see why policy is in effect if it is broken 95% of the time. LOL!! Might as well do away with it and get real..."our goal is 125 days for claims, however, 90% of our claims take exceedingly longer than that and most are not complete within 18 months". At least I could respect that honesty. LOL!!

carlie, I definitely understand that. Yet, it was explained to me that the VSO is supposed to review and concur the decision within a set amount of time and apparently records show that did not happen. Now, as Veldrina explained, her instructions were they had a week and if the VSO didnt review, they moved on. Perhaps Waco doesnt follow that policy or just hasnt checked up on it. At any rate, the IRIS response I got pretty much confirmed what the VSO and rater I spoke to said and that is a decision has been made on my claim. They just have a backlog of claims that are complete and just need processed. Could you provide any further insight on what the actual "promulgation" phase consists of?

Well, I am appealing my PTSD on the grounds that my FOIA request wasnt processed at all, thus, leaving me with the inability to properly appeal. As for my records, my VSO didnt or couldnt specify. But, the VA NEVER contacted me to tell me how to get them, where they were or why my claim wasnt processed. It still sits in CLAIM RECEIVED a year later. It's been 3 1/2 years total and the whole process has been a complete mess. But, in terms of my claim for increase on my neck, my patience is thin because things are so bad. I actually got my 30% regular pay this morning in my checking account and used it to turn both my electric and gas back on (so Im broke again). My electric has been shut off 3 times in the past 90 days and each time they charge me more for a deposit and of course reconnection fees. I just cant catch up and the backpay would catch me up, eliminate two bills AND increase my monthly income to keep my head above water. I'd be back in regular form very quickly. As I said, Im a single father with 3 boys and no child support and I make about $600 a week after taxes. Not bad money, but certainly not great and very hard to feed 3 teen boys on that. I filed for financial hardship and my VSO submitted it, but it has done nothing to expedite the process.