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vetquest
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Posts posted by vetquest
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Very good synopsis by Broncovet. I would just say that sometimes the VA takes it's time getting C&P's. If you do not fall under the criteria that Broncovet laid out it might just be the VA taking their time and drawing things out. The VA sometimes seems to take pleasure in making us veterans wait.
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El Trian, You could go to the BVA, you need to do some work to get the appeal started but then you wait several years. The BVA has a habit of reading all medical evidence and as they said in my appeal "the tie goes to the runner". I would file the appeal and then relax and wait, you have nothing to lose, except your appeal date.
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14 hours ago, Farmer2188 said:
I’ll work on getting the denial letter together. Do you mind if I message you that info?
@Farmer2188, you can message me with it or redact all personal information and post it in this thread, that gives it a looking over by more eyes that might catch something I would miss.
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You might be looking at a remand, sometimes the case is very old when it gets to the BVA and they want a new C&P and a remand is necessary. Let's hope it does not go that route.
As for the letter, try to take all emotion out of the letter. Write it as you were writing it for someone else where you do not have a dog in the fight. I would add all of the residuals that are now known due to the cancer and treatment. You can present them with the information and they might remand it for more C&P's or award there.
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I would file an IRIS complaint on item 1, the case being closed without notification.
As to the second, I believe that sometimes it takes thirty days for the C&P to get to the VA when it is done by an outside contractor.
Item 3 is not to worry too much, Legacy NOD's are taking up to two years and I have read that some HLR's are taking up to a year.
As for the 1-800 number not helping much that is the normal route for them. If you are really nice they sometimes will look at VBMS and tell you how things are going but that is not all of the operators.
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Buck, I was a Marine SSGT on Tuesday and got a checkout sheet. I was seen by a doctor who signed me out as fully fit for duty so I could be discharged as disabled, RE3P. I had an attitude after that and because I was being railroaded and refused to sign my checkout for secret information with S2. They told me I could not get out if I did not sign so my WO3, who they called, told me to go home and come back on Friday to be discharged. I did not complete the legally required checkout procedures. No one talked to me about the VA. Heck, I did not learn about the VA until I had a service organization (NCOA) tell me to file for benefits.
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I filed an NOD in Feb 2019. I know that Hollie filed her NOD in 2018. It looks like they are punishing us for staying in the legacy system by making us wait. My estimated completion date is 10 to 26 months. I have never filed an IRIS inquiry. Maybe it is time I do that. I am filing for an earlier effective date and the VA has added an increase for my neuropathy. I was concerned at first but the CFR's state that your rating cannot be decreased at an NOD so I am not contesting it. Good Luck.
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4 hours ago, broncovet said:
Later, other VSO's told me I couldnt win. I discounted their "advice" as being "self interests" (because there is a lot of work they have to do to file an appeal..who likes extra work?) I appealed anyway and won 100 percent P and T, eventually.
My VSO once failed to file a timely form 9 but I filed a statement as to why I believed that I deserved to get the rating that I was denied. The VA came back and said I had no leg to stand on and I did not file on time. My VSO agreed with the VA. I went to other VSO's and was told the same thing that I needed to refile for the disability. I did some research and found that any statement by the vet or the VSO could be a valid claim. My statement met this requirement. I had to fight this on my own and won a trip to the BVA. This would not occur today under the AMA as the proper form needs to be filed, back then you could file on a napkin and it would be a claim. My lesson was to trust by verify.
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I won an unwinnable claim at the BVA with an IMO. A neurologist stated that my neuropathy was related to a heat stroke, he referenced that cold injuries could cause neuropathy and that these are recognized as such. He further stated new medical evidence that supports that heat injuries can cause neuropathy that will not show for many years. There was more but this is the general outlay of the IMO. He also stated that the VA did not recognize this because they did not do any medical workup or research in my case. IMO's are expensive but at the BVA they can be the difference between a loss or a win.
- ShrekTheTank, Vync, Dustoff1970 and 1 other
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I was helping a widow of an ALS victim get benefits from the VA. She decided to use a VSO also. When she filed a FDC the VA denied her as for some stupid reason the death certificate stated they were separated at the time of his death. I requested that she cite CFR 3.214 in that she was his spouse but they filed a Supplemental claim with a revised death certificate and two buddy letters. The claim finished last week and she received back pay for about a year and begins receiving benefits this month.
- paulstrgn, Dustoff1970, ShrekTheTank and 1 other
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If you are getting an evaluation by a former flight surgeon I would request he write up a DBQ for your hip and back. If he will not, many doctors do not want to get involved with the VA, see about getting one from your regular doctor. If they do you are great, if not you need to start looking at an IMO. You need an in-service injury or medical report, current disability, and a nexus between the two. If you submit a supplemental appeal you do not need a lawyer, just evidence in the form of DBQ's or an IMO. If you are denied at the level of the supplemental you probably need a lawyer. Talk to a few good veterans lawyers and see if they will take your case. If they take your case they think they can win. We do not use NOD's any more, they were part of the old system. Submit any evidence that you think might help your case, they should look at it and consider it.
Is this all within a year of discharge? If so there are some other considerations. Anything that arises within a year of EAS is considered service connected or at least supposed to be.
This journey is long and complicated and frustrating. Do not give up. That is what they want you to do.
Can you post your denial here with personal information redacted? That would give us more to give advice on.
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First, do not apologize. If the back injury was in service and they said you could only work a desk job that is most likely going to get service connected. As for the secondary's I am not sure what there is without the evidence. As for your claim being finished in June 2020, they might finish it early or push the date back, I believe if anything they will push it out. I filed a fully developed claim under the new system and they took about a year.
To find out about your exams go to the VA regional hospital and request with a FIOA for your C&P results. Sometimes they will say they do not have them but usually they have them and can print them right there.
I wish you luck but believe they may deny some things and low ball you at first. If they do you need to appeal to an HLR or a supplemental with more information. At that point if you still are not satisfied you have the BVA to appeal to but I will not go there right now. Never give up when doing claims for the VA, even when they tell you not to rock the boat. This advice has caused many veterans loss of benefits.
- Yharris and ShrekTheTank
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No, we unfortunately do not. The VA works in their own time and benefits can be a lengthy battle. Some of use are approved in months, others need to go to the BVA and it stretches years. You need to find something that you enjoy doing and stop worrying about your VA claim until you get your letter. It is the only way to stay sane while dealing with the VA.
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Pro5, your journey through the VA will have many ups and downs. You will meet disrespectful doctors and nurses. You will be treated as you are attempting to get something that you have not earned. The VA uses several means to deny veterans benefits, disrespect, delay and deny. Just smile and know you are fighting for something that you deserve. Do not let C&P examiners make you angry as some will try to do to show you in a bad light. Know that the fight is a long one but you can succeed.
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When the board remands a case it means that more development is needed. In the case where a remand is made it is sometimes years and the VA needs to send you to a new C&P to determine your current disability. Make sure that they keep your original date of IU. Sometimes they will try to make the date of IU to the date they did a new C&P. After a decision is made on the remand you have the right to send your case back to the BVA. Please do this as sometimes if they have changed your disability date to the date of the most recent C&P the BVA will change it back to the original date, you can request this when sending your case back to the BVA.
- paulstrgn, Vync and Kelly Severance
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When the VA does not have a defined disability to rate you they will most likely rate as analogous to. As shrek said, do your own research and see if they rate you properly. This research is also important so you can know your disability if it is not the norm. I once was told by a doctor that I should become an expert on my disability since I would probably know more about it than many physicians who would treat me. It's like the time I had vasculitis. I was travelling and came down with a severe infection. I went to a doctor and said I needed steroids for vasculitis and he told me I was not a doctor. I asked him if he had ever seen a case of vasculitis. He went and checked out the disease and came back with a shot and prescription.
Also make sure you have a full copy of your STR's when you separate. Good luck with your MEB.
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Sometimes important information gets misaligned. I had this happen to my deers information, my birthdate changed somehow. I had to go to a deers office to change it back with a birth certificate in tow. Remember computers are run by people and people make mistakes.
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Good luck, I wish you well, I believe your case is solid.
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3 hours ago, Holllie Greene said:
It is better than nothing.
I'll take whatever they give me. It is better than a 0 COLA.
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If you have received your check and still no BBE it should be coming soon. I would call peggy and ask what it up. They can look at your case but they usually do not give information out unless you ask nicely and they are in a good mood. They should at least be able to tell you when the BBE went out.
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1 hour ago, paulstrgn said:
I believe Microsoft uses "Edge" instead of IE, not 100% positive though (it's on my PC but I don't use it). I have been using Chrome for the past several years and have been pleased with it. But yes everything does seem to change, even if it is not broken.
Yes, Microsoft is moving to Edge. It works great on the hadit site. I also believe Hadit was down for a few days, I was able get on using Wayback which is an archival of sites no longer available.
I guess this means we need to donate to support the site to keep it alive.
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Portland is a rough town to win in. Great deal.
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On 12/29/2019 at 9:28 PM, Buck52 said:
i WOULD GET WITH AN EXPERIENCED VSO OR AN ATTORNEY AND ASK THEM ABOUT THIS?....BEFORE YOU DO ANYTHING....
Thanks Buck, I am not really planning on going back to work because I would need to go back to school first and by that time I would be about 63. I have decided that even if I thought I could it would be an unwise thing to do since I would probably be too old to be considered a good bet.
How do you complain Paperwork separated
in VA Disability Claims Research
Posted
Romad, I would resubmit again. They will tell you that they already have all of this information already. Just inform them that the information is not in a comprehensive form that you submitted. Try to submit a table of contents with your document. If they break it up again it will immediately become apparent that something is amiss. I once submitted a packet with a table of contents and then references within the letter that identified the included information.