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ozboi
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Everything posted by ozboi
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Also someone from the VBA office told me this... That some of the vets were getting their c&p's, and if they don't think it was favorable then the vet would submit more evidence which would push back the claim even longer, so that is one of the many reasons they have stopped giving outsourced c&p reports to vets....
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Buck52, they said they can release it to me once a decision had been made!
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Thanks for the replies guys! So my VA hospital ROI, won't release my outsourced c&p report. Went to c&p office was told to VBA office, vba office said they dont release them anymore to vets, they started doing that a couple of months ago. What a doggone headache!
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What exactly do you mean by STATUTORY RATING and for SMC by the way?
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This is where I am at a loss, I have no idea why the VA sent me the form. As of right now I am rated 70% disability. (70% PTSD, 10% Tunitis). I did not request for it because I know that I am not eligible/qualified for it (and didn't even know what it meant, until I got the paperwork!!!!) I will pick up my C&P from FOI at the hospital on Tuesday because it was outsourced and I cannot look at it through myhealthevet from last Monday.
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The included paperwork is the norm..... "We are working on your claim What do we still need from you? We need additional evidence from you. Please put your VA file number on the first page of every document you send us. -Please complete the enclosed VA Form 21-2680 Examination for Housebound Status or Permanent need for regular aid and attendance How should you submit what we need?..... and so on..... again I am not housebound, I have a full time job (I do call out pretty reguraly though). Thanks again.
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Thank you all for the replies! I do not have a single disability rated at 100%.... that is why I'm so confused why the VA sent me this form. I will most likely not fill it out because I do not qualify for it.
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So no one has gotten this by mail without their request? Coz I sure as hell didn't request for this form!
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Im currently at 70% disability rating. 70% PTSD and 10% Tunitis.I recently just had a a C&P for various thingsToday I get a yellow envelope from the VA and inside it is a VA FORM 21-2680 EXAMINATION FOR HOUSEBOUND STATUS OR PERMANENT NEED FOR REGULAR AID AND ATTENDANCE.Has this happened to anyone before?What is this for?Who needs to fill this form out?Any guidance would be great.Also I do not have a VSO. Thanks in advance!
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I really really wish I filed a NOD instead of submitting new evidence.... fuuuuccccckkkkk
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I goofed up again! Fuck! I did not want them to Reopen my claim because upon further reading I found out today that means that my original claim filing date will be terminated! I do not want that! I just wanted to submit new evidence so my rating will go up! I checked on Ebenny and the Reopen is still at Gathering of evidence..... Is there anything I can do to get my original claim filing date back???? Can I still file a NOD?????? Or is it tonlate?
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Update I received a yellow envelope in the mail today. It states: Important -- reply needed within 30 days Dear xxx: We are working on your claim. This letter tells you what we will do with your claim and what you can do to help us..... I will be sending them evidence myself and not wait around for them to find them BTW There is a new date on the letter, December xx, 2016.... what does that mean?
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@Berta "You have two different topics here...it is a little confusing...." Sorry it's confusing to follow, but both posts are for the same claim. "A re-open is usually what they call a new claim that re-opens an older claim,that might have been denied or awarded long ago but N & M evidence would possibly garner an award or a better rating or EED." I was awarded 0% Service connected, but I feel that is not the correct rating for my disability. "I think you want the VA to 'reconsider' based on new evidence you have sent to them within the appeal period (one year after decision.)" That is what I sent them.... for a "reconsideration to my rating" "I think the VA will get it regardless of how you filed it, but by N & M, do you mean you have a strong IMO/IME? Or did they misinterpret the established medical record? One thing is for sure...it is difficult to overcome a negative C & P result that VA used to deny." I was given IBS 0% Service connected disability. The C&P states I have chronic stomach cramping, ibs-d, with constipation on one part but on the other part the C&P examiner makes no mention of chronic stomach cramping and how it affects my life, which is my wrong! That is the reason why I have 0%. The reason why I am asking for a "reconsideration" is that my condition has gotten alot worse, and want a fair rating for my disability.
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OMG, I totally forgot about this post! Update Thanks everyone for your help! I submitted a VA-21-4138-ARE (by fax) for IBS rating reconsideration mid month I checked ebeny tonight, and it says: Pending Disabilities Disability Submitted Type Actions Irritable Bowel Syndrome (as Due To Gulf War) 12/xx/2016 REP View Pending Claim when I click View pending claim, it says: Status of Your Claim GATHERING OF EVIDENCE Submitted: 12/19/2016 (Compensation) Estimated Completion: 05/02/2017 - 08/07/2017 Disabilities Claimed: irritable bowel syndrome (as due to Gulf War) (Reopen) Current Status: Gathering of Evidence So it seems like my claim was reopened..... I received my decision letter June 24, 2016, hopefully they can properly rate me before that date, if not do I then file a NOD? Did I mess up by VA-21-4138-ARE instead of a NOD? Can I file for a NOD while this current claim is at this stage? I wish I found this post sooner....SMDH
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Update Thanks everyone for your help! I submitted a VA-21-4138-ARE (by fax) for IBS rating reconsideration mid month I checked ebeny tonight, and it says: Pending Disabilities Disability Submitted Type Actions Irritable Bowel Syndrome (as Due To Gulf War) 12/xx/ REP View Pending Claim when I click View pending claim, it says: Status of Your Claim GATHERING OF EVIDENCE Submitted: 12/ (Compensation) Estimated Completion: Disabilities Claimed: irritable bowel syndrome (as due to Gulf War) (Reopen) Current Status: Gathering of Evidence So it seems like my claim was reopened..... I received my decision letter xxxx, hopefully they can properly rate me before that date, if not do I then file a NOD?
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Hey all, I know it is my fault (I get confused easy). I just wanted to see what some of your opinions are. I am sitting at 70% because of what I have gathered from reading from your guys OPINIONS. Thank you for all of your responses, and I would like to hear more if anyone has any.
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Hello all, Spoke to my DAV VSO today and he told me that to make things easier to just request an increase of rating for IBS, he also told me that would cancel my initial claim date, which I do not want to do. I am so lost at this, and I don't know how to go at this...... So far I have written up a VA Form 21-4138 (Statement in support of claim) stating that my rating is not the proper rating. Pointed out on VA Form 21-4138 that C&P examiner did put down "Chronic abdominal cramping" on my C&P exam. Pointed out on VA Form 21-4138 how my stomach cramps attacks and stomach distress are affecting my daily life and work. Pointed out on VA Form 21-4138 that my rating is closer to 30% than 0%. I should mail this VA Form 21-4138 plus my evidence to: Evidence intake centerPO Box 4444Janesville WI 53547-4444fax 844-5317818 correct? Can I also upload it at Ebenefits and mail them the VA Form 21-4138? Thanks to all!
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So I made a mistake on filing for my headaches/migraines claim by claiming it as as Gulf War presumptive disability. I filed a claim with a lot of GWI and accidentally put headaches as a GWI (what a dumb ass right?) VA denied my claim for headaches (as due to Gulf War) Decision letter is June 2016 What can I do to correct this? Thank you
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@Berta @broncovet Thank you all for responding back.... My decision is date on June, 2016 Here is the explanation of why I was granted a 0% SC IBS: We have assigned a noncompensable evaluation based on : Alternating diarhea/constipation. A higher rating evaluation of 10% is not warranted unless there are moderate symptoms demonstrated by frequent episodes of bowel disturbance with abdominal distress. I am going to my VSO tomorrow after my therapy at the Vet center and ask him which route to go with. I just want this to be as easy to do as possible....
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So after reading my decision letter again, I came upon the back of VA Form 4107 It states..... "GIVING VA ADDITIONAL EVIDENCE" "You can send us more evidence to support a claim whether or not you choose to appeal" "NOTE: Please direct all new evidence to the address included on our decision notice letter. You should not send evidence directly to the Board at this time. You should only send evidence to the Board if you decide to complete an appeal and, then, you should only send evidence to the Board after you receive written notice from the Board that they received you appeal". "If you have more evidence to support a claim, it is in your best interest to give us that evidence as soon as you can. We will consider your evidence and let you know wether it changes our decision............" So has anyone went this way instead of filing for a NOD? If so please share your experience..... I have new evidence to turn in, and I want to know what is the best way possible to do that (and keep the original claim date)
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HUH? @Berta, I cant see the content, it says no persmission?
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Can someone point me where to go from here ?
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@Berta @broncovet Thank you for your timely response and help. I filed my claim at the end of January 2016, and I am not sure if I am still on appeall period. I have my "NEW" evidence ready to go. I just need help on who/how/where to give the "NEW" evidence.
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So I was given a 0% SC rating for IBS (which is BS BTW, the examiner botched the C&P). How do I go about submitting new evidence to increase my disability rating, while retaining the original claim date? Thank you!
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ptsd So what I though was right about the C&P
ozboi replied to ozboi's question in TBI Traumatic Brain Injury
@john999 Thank you for your response. What is is an IMO/IME and how do I find one? Thanks!