green

Good luck getting your C-File, I've asked for mine twice, first time in Nov of 2014, they told me in April of 2016 they had no record of the request (even though in July of 2015 the RO mentioned on a phone call they received the request. I filed a FOIA in May and am still waiting. I fired DAV in 2014, like many others have said, all I ever received from them were requests for $.

That is what my rep said too. I have to admit I don't understand that though. If you are OPM or the VA for that matter, an expected performance measure may be applications processed. Why would you simply stop or pull back on processing applications due to a change in the administration? It really makes no sense to me, just hoping they start to crank these out in the short term.

MPsgt, I've also hired Harris Federal Law Firm to represent me for the FERS Disability Retirement as well. Problem is OPM is basically approving nothing since last November. My rep told me she was used to seeing 30 actions a month and is only seeing 3 or 4 a month now. I'm not sure what is going on there. I'll probably for SSDI as soon as I quit (thinking the end of April). I'm hoping my FERS retirement will be approved before but who knows.

Hi Berta, I had a C&P on my feet back in the early 1990's but they didn't reference it. I can see where I should have had at least recieved a 10% rating even back then given the language states that even a subjective symptoms should get you 10%. Also I Had medical care in Alaska from 1993 - 2002 and they said Alaska had no records. I asked for my medical records (FOIA for my C-File) over a year ago and still have seen nothing yet. My ratings were completed April 18th of 2016. I was hoping to get my C-file before the year was up so that I could see if they missed anything else.

I'm FERS, I was required to apply for SSDI, but as I'm currently working I was denied. I was told to reapply once I stopped working. FERS disability is reduced if you receive SSDI but once you hit age 62 you get 100% of your FERS retirement and SSDI. I believe SSDI converts to regular Social Security at normal retirement age, 67 for me.

Several months back folks were suggesting that a Vet could go to a VA Hospital and ask for what I thought was termed a "Coding List". This list noted the VA code for the disabilities rated. Can someone let me know what exactly it's called, and who I should talk with at my local VA Hospital to get a copy of this list? Thanks Much!

I was rated in April of last year on several conditions. I applied for a rating on peripheral neuropathy of my feet and hands and had a nerve conduction study done and attached to my request. When I received my rating they incorrectly stated that for my legs/feet I was rated at 20% because a higher rating of 30% couldn't be assigned as it required incomplete paralysis. They should have used the Sciatic Nerve criteria which actually has 5 different potential ratings. Is this an area where I should ask the VA to CUE theirselves? Under the rating criteria they must have utilized the wrong rating criteria, as the C&P exam referenced the Sciatic Nerve. 30% isn't even an option under 8520 there is actually levels they neglected to address: My C&P Sciatic nerve Right: [ ] Normal [X] Incomplete paralysis [ ] Complete paralysis If Incomplete paralysis is checked, indicate severity: [ ] Mild [X] Moderate [ ] Moderately Severe [ ] Severe, with marked muscular atrophy Left: [ ] Normal [X] Incomplete paralysis [ ] Complete paralysis If Incomplete paralysis is checked, indicate severity: [ ] Mild [X] Moderate [ ] Moderately Severe [ ] Severe, with marked muscular atrophy How Sensory Loss Should be Rated M21-1lll_iv_4_SecG. This document was updated in January of last year. b Assigning Level of Incomplete Paralysis The table below provides a general description of each level of incomplete paralysis of the upper and lower peripheral nerves. Degree of Incomplete Paralysis Description Mild subjective symptoms or diminished sensation Moderate absence of sensation confirmed by objective findings Severe more than sensory findings are demonstrated, such as atrophy, weakness, and diminished reflexes. Issues addressed related to atrophy, weakness and diminished reflexes C&P b. Deep tendon reflexes (DTRs) Rate reflexes according to the following scale: 0 Absent 1+ Decreased 2+ Normal 3+ Increased without clonus 4+ Increased with clonus Knee: Right: [X] 0 [ ] 1+ [ ] 2+ [ ] 3+ [ ] 4+ Left: [X] 0 [ ] 1+ [ ] 2+ [ ] 3+ [ ] 4+ Ankle: Right: [X] 0 [ ] 1+ [ ] 2+ [ ] 3+ [ ] 4+ Left: [X] 0 [ ] 1+ [ ] Nerve Conduction Study: 6/16/2015 "Brief neurological exam: Symptom focused neurological exam shows loss of sensation in the hands and feet, absent ankle jerks and give way right foot dorsiflexion weakness. VA Podiatry notes: Musculoskeletal: The major joints of the foot and ankle have adequate ROM bilaterally without crepitus. Dorsiflexion of the hallux and foot is weak bilaterally. Remaining muscle groups have adequate strength. " Sciatic nerve. 8520 Paralysis of: Complete; the foot dangles and drops, no active movement possible of muscles below the knee, flexion of knee weakened or (very rarely) lost.......................................................................................................... 80 Incomplete: Severe, with marked muscular atrophy.............................................................. 60 Moderately severe ............................................................................................. 40 Moderate............................................................................................................ 20 Mild ................................................................................................................ 10 There is actually a "Moderately Severe" rating where I believe I should have been rated as I may not have severe paralysis I certainly exceed the criteria spelled out in M21-1lll_iv_4_SecG for "Moderate".

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Things about my situation Age - 56 100% VA disabled P&T Disabled Civil Servant, after 29 years. Social Security work history of 40+ years Given my condition and declining health I can't work anymore. I'm in the final days of my civil service career and only working about 20% of the time. Once the paperwork is finished I'm moving home to Oregon. I was required to file for social security disability for my civil service retirement and it was denied because I'm still working. Any idea how this will go and should I hire an attorney to represent me? Thanks

Just my opinion but it looks to me like you could qualify for mild lower raticular group ratings of both arms (as they note several nerve groups affected) which would give you 20% per arm and add 10% on top of that for bilateral conditions. You may hit 100%. That being said, it would surprise me if they don't schedule you for an EMG. This test is a breeze if you have sensory issues.

ArNG11, I work for a very small agency and there are no other positions that pay at my current rate. And even if there were, I couldn't perform them successfully. The Agency has admitted this. I heard that OPM is taking 10 months to complete disability retirement applications, I was hoping to hear that isn't true.

I have 29+ years and was hoping to make it to 30 but my health is such that I'm only showing up about 70% of the time. Hoping they can push this through quickly.

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I am a long term Fed who recently applied for Disability Retirement. I remember chatting with a few others on the forum who had similar backgrounds. I'm wondering how long it really takes for OPM to process disability retirements? Thanks much for your input. Green

Happy to hear you have some closure, long battle....

From the FOIA website: Can I ever have my request processed faster than usual or expedited? Under certain conditions you may be entitled to have your request processed on an expedited basis. There are two specific situations where a request will be expedited, which means that it is handled as soon as practicable. These two situations apply to every agency. First, a request will be expedited if the lack of expedited treatment could reasonably be expected to pose a threat to someone's life or physical safety. Second, if an individual will suffer the loss of substantial due process rights, his or her request will be expedited. Agencies can also allow expedited processing for additional reasons. The websites for each agency will provide more information on any additional standards for seeking expedited processing.

I always thought by law a FOIA request needed to be addressed within 30 days. This is what I found on Ebenefits (keep in mind I originally submitted a FOIA for my C-File and any related rating documents 11/2014 but apparently they now have no record of the request. I submitted the request again in May and didn't even receive acknowledgement until July. Status of Your Claim Gathering of Evidence Submitted: 05/27/2016 (Freedom of Information Act / Privacy Act Request) Estimated Completion: 01/31/2018 - 01/18/2019 Estimated Completion Info Tooltip with additional information

I applied for the $10k in SDVI insurance and asked to have the premium waved. I received a letter telling me that I didn't meet the definition of "totally disabled" for VA insurance. Does anyone know what the legal definition is as it applies to VA life insurance? Thank you!

Agreed Buck. I've been in contact with the RO, the 1-800 number, IRIS, ebenefits help number, etc. They all validate that I'm 100% P&T but nobody seems to understand why I can't access letters.

Does that price include specialized testing? If not, that seems incredibly expensive.

It helps, the first time I submitted the forms to the Regional Office, this time I sent an emailed PDF letter directly to the FOIA office as instructed on the VA website.

I'm not sure what your question is. It appears to me the examiner is suggesting the condition is mild and that "it is at least as likely as not". So... looks like the exam went in your favor. You could always disagree with the assessment of severity but would need evidence to dispute. This is why I went to see a private neurologist prior to submitting my claim. I also had nerve conduction studies and an EMG completed. It's difficult for the VA to disagree with diagnostic proof. By the way, for peripheral neuropathy categorized as subjective (lacking objective proof), they rate it as mild.

To those of you who submitted a FOIA request for your C-File. Did you receive any sort of response once you submitted the request? I submitted a request for my C-File 10/2015 and never received a thing. I submitted a FOIA request for my C-File a couple weeks ago but I did not receive any sort of acknowledgement. Curious if this is the standard practice? Thanks!

Tried 2 different computers, firefox, safari, internet exploder.... no change

It's been almost a month and I can not print or access my letters on eBenefits