veteran7796

Yeah, I had written my Congressman Bill Flores about 4 times with no response whatsoever. He even serves on the Armed Forces Committee and I got nothing...not even an acknowledgement that they got my correspondence.

Im not sure the VA cares if we want answers. LOL!! But, in a nutshell, I am in a very bad way financially and the back pay would do wonders. I just got my first 30% check in July 2014 because I had to repay my separation pay and that took nearly 2 years worth of compensation pay to complete. Altogether, even though I have been service connected for one contention at 30% since October 2012, I have never gotten paid (until last month) and rightfully so...I understand the laws and that's the right thing. But as my VSO said, it was a CUE (Error) by the VA and I should have been rated for my neck a long time ago. If they had rated me correctly, I would have started getting paid over a year ago at $683.00 versus the $477.00 check I just started getting in July 2014. So, with the increase I will be effective back to my original filing date of 5/31/2011 for my neck and by my calculation that gives me about $6100.00 back pay. That would absolutely catch me up and then I could sustain from there financially with the new compensation payment AND increase (what a relief that would be). But, Im literally on the verge of financial collapse. It's gotten bad the past few months with medical bills, childrens expenses (Im a single father of 3 boys and get NO child support) and I'm just way behind on everything right now.

Yeah, Im kinda getting that feeling because I sent the request in the middle of last week and it said within 5 working days and nothing yet. So, Im expecting a blanket "we're working on it" answer. From that angle I just dont get the secrecy. I absolutely understand NOT talking to the rater or reviewer of your case for the simple reason that they have a black and white regulated job to do and emotion/persuasion cannot and should not be part of the process. With that said, WHY can I not get ANY information from the VSO, RO or disinterested people on WHAT they are looking at specifically. There doesnt have to be a rating answer as in "we are proposing 20%". I could see something along the lines of, "the case has a decision made and we are simply waiting on signatures for a few items....your case is with the final reviewer...etc." Instead, they leave you in the dark as if it's a trial by jury or something.

Will an IRIS inquiry tell me more than what the reps on the 1-800# tell me (which is nothing I cant see on E-benefits)? All they said on the 1-800# is, "your case is in the development phase, we can't tell you anything other than that". I requested a detailed status on my claim, which, according to my VSo already has a decision but for some reason is just sitting in ROE. Thanks.

So, I submitted an IRIS inquiry in the middle of last week to get a somewhat detailed status on my claim given the conflicting data between e-bennies, the VA 1-800# rep and what my VSO said. Will IRIS provide me any further information about my claim than what the 1-800# people do?

Navy Wife, That first line you said is the exact thing Im worried about...except in the other direction. They have already put into notes that they made a CUE and it is granted. However, Im VERY worried that they are going to review the evidence and decide they DIDNT make a CUE and I get nothing. That would just be a terrible thing for my current state of affairs.

john999, No I am not expecting further surgery. I have limited mobility when looking left, chronic tension headaches and inflammation as a result of my neck injuries. First was a torn muscle in the back right side of my neck and the other was a severe strain the same area several years later. Both put me out for a while and both occurred overseas on duty (the last one during OIF/OEF ops).

Well, the VA kind of painted me into a corner. See, my case fell into that bunch last year where the VA tried to eradicate the backlog. I literally went from Gathering Evidence to Complete in a week and honestly, my neck claim was my strongest evidence above ALL of them. So, when it was rated at 0% I knew this directly comflicted with what the C&P examiner said and what my records showed given that I had 2 neck injuries while on duty over my 12 year period. Each of which required rehab, pain meds and documented permanent damage. So, with that said, I filed for a FOIA request to get my records so my doc could review and we could appeal the neck claim. After 9 months, the VA never responded to my FOIA records request. They didnt even process it at all. So, fearing I would lose my chance to appeal, I simply filed for an increase with a memo stating what the C&P examiner said which is that my neck injury was "More Likely Than Not" caused AND aggravated by military service and my range of mobility was in fact limited to less than 45 degrees (or something in that range). In addition, I stated that the VA's refusal or lack of completing my FOIA records request kinda screwed me out of a fighting chance to appeal my case because they left me with no chance to provide further valid evidence (which i could have provided for perhaps a higher rating). So, when my claim started bouncing back and forth in July, I called my VSO and left a message. Well, he called me back and told me the VA found the error and already granted an increase to 10% and back dated my claim to the original filing date because it was in fact a CUE...this according to the notes on HIS end of the computer in the case file. I even asked him if they could at this point still deny it and he said, "No, it is already granted and approved...just waiting on completion". But, Im still weary to be honest. It's been well over a week since he said a decision has been made and e-bennies is still in ROE and no movement at all, no envelope, no further info.

... and before e-benefits updates too?

Also, if the claim is ultimately approved I did kinda do my own calculation for the back pay. I was just hoping someone could critique it a bit. Since only the 10% neck is back dated to 5/31/2011 then I will get only the 10% rate from June 1st 2011 through October 12th 2012 (which is the effective date for my 30% GERD). That calculates to: $127 (approx) X 16 months = $2032.00 Then from October 2012 to Present, I should have been 40% with dependents instead of 30% w/ dependents...so I am owed the difference between the two from October 12th 2012 to Present. That calculates to: $201.00 (approx difference) X 22 months = $4432.00 So, $2032 + $4432 = $6,454.00 total back pay (approx).

The thing that has me worried is the e-benefits information conflicts with what my VSO has told me. My claim still shows in Review of Evidence in E-bennies and my letters havent changed nor does it say anything about a "Decision Letter" being sent. From my perspective it still looks like an incomplete claim that could still be denied. However, my VSO has assured me that it wont be denied and his system shows it as approved and granted...just still in review. Kinda weird.

Good Morning To All, This is my first post on this site. Although, I have looked at it many times over the years for advice and information and it has been more than helpful. So, thanks for all the help in advance. Here is my timeline... 5/31/2011 -Initial Claim for Compensation (Cervical Neck) 10/12/2012 -Amended Claim to include GERD, Chronic Sinusitis 6/13/2013 -Awarded 30% for GERD (Effective Date of 10/12/2012) and awarded 0% SC for Neck and Sinusitis. 8/9/2013 -Filed FOIA/Privacy Act Request for service records to appeal the neck rating (This claim NEVER moved and is STILL sitting in CLAIM RECEIVED). So....to take action before the 1 year deadline I did the following: 4/13/2014 - Filed for Increase on 0% SC neck injury and 0% Sinusitis 6/2/2014 - C&P Exam for Neck July 2014 - My claim was bouncing ALL over the place. ROE to PFD back to ROE back to PDA and now back to ROE....then it just stopped and has stopped for the last 2 weeks. So, last week my VSO called me and said my claim for increase is still in Review of Evidence, however, notes on the case showed that Sinusitis was denied and will remain at 0%. Notes for the neck injury are as follows: - Increase for neck injury granted and approved from 0% to 10% with an effective date of 5/31/2011 - "Clear and Unmistakeable Error". Initial C&P exam in 2012 showed rating should have been listed at 10% (which I already knew and is why I wanted to appeal the decision). Under this scenario he said I should receive back pay at 10% from 5/31/2011 to October 2012 and then the difference between 30% and 40% from October 2012 to Present once they get it all signed. I do have custody of my three sons who live with me and no spouse so I get dependent rate. Any idea how to calculate the back pay correctly before I get numbers in my head that arent remotely accurate? Hope I didnt confuse anyone.