70%&sfsystem

A fully developed claim doesn't necessarily mean that it will be immediately rated based only on the evidence sent with it. Thats up to the rater. On my side of things I see FDCs all the time and I set them up for exams for whatever contention, if I see a private DBQ I flag it and send it to a rater for an opinion on whether or not the DBQ is complete enough for a rating. If yes, the exam gets canceled, if no, then the exam is in place to complete the evidence necessary. This is just 1 example, though, I don't know what your specifics are, so im speculating. The "Non-Actionable" flag on your claim has nothing to do with you or your evidence, or your contentions. It's an action flag on OUR end so that the claims that were sent out to be worked that actually couldn't be (for whatever myriad reasons) can be tracked and recalled back into the central queue. That's all it is. 

Im saying that your claim was probably in limbo anyway because it was waiting for something (most likely eam scheduling, private medical, or a national archives request for service treatment or personnel records- those are the two biggies right now that hold up the show). Those claims shouldn't have been sent out unless they hit their suspense dates (the dates we put into them that say "okay, waiting for X, check back in Y days to see if its shown up yet). If they hadn't then they weren't actionable. We're still looking at them as any other claim in our queues if they appear, but 99% of them have nothing that can be done with them at this moment. 

Good morning everyone I have currently been in a notice of disagreement for going on a little over three years with a higher level review DRO.
  The DRO contacted me in March of this year 2019 and stated that he is denying three of my claims but found a duty to assist on my fourth and fifth claim  that he was going back to the PA to have her fix I watched my health vet  that had a negative DBQ from that PA then she basically deleted it and re-wrote in favor more likely than not 50% service-connected that was completed in July of this year I have both of her DB cues the negative and the positive I’m at the eight month mark And have been told that it’s ready for a rating for the last three months still waiting does anybody else have this problem Indianapolis?

70%&sfsystem I think you are saying you have a total of 6 rated disabilities and you were denied bilateral  (10+10 instead of 21). So, 50+30+20+10+10+10= 79.59 which rounds up to 80%. Not sure about your bilateral, but for this exercise, it doesn't matter; you'd still be rated combined at 80%. As a comment, pay attention to your back condition. It can lead to a walking/gate issue that can affect your hips, knees, etc. especially considering you already have ankle issues. Think "secondary."

@70%&sfsystem just keep in mind that if you do call the WH hotline, they will not be able to tell you anything directly. What they will do is refer the issue out to someone in the VBA who will look into it and contact you (just like the IRIS complaint) to hopefully help you out. It never hurts to explore things from more than one angle.

You can immediately ask for a different doctor to do the exam.
When I say 'flawed', I mean the examiner did not have the expertise to opine on your claim, 
or the doctor did not have any of your medical  records, to include SMRs in many cases,
or the doctor failed to consider any other probative evidence that you moght have brought with you to the C & P yet the doctor didn't want to see it---
or the examiner LIED. There are probably many more reasons why an exam can be flawed.
This AM I received a call from OAWP-VA-DC, as to the ongoing investigation they are doing based on my other complaint .
I have more evidence to send to them-we went over some of the evidence they already have- it is solid to support my complaint-It is a different issue than this post is about-
But then I mentioned to the Triage manager the C & P situations I see so many of you here are dealing with.
I told him of 2 of my C & P exams (posthumously done on my husband) and am waiting until Jan 15, 2019 for a copy of one of them-to adequately prepare a OAWB complaint. on that matter, which affects so many veterans....and I am sure I am not the only survivor of a vet who has had this problem consistently with the RO I deal with.
He was shocked at what one SOC C & P examiner had stated..... I told him this was only one of many C & Ps they did- all wrong, to deny my claims. (all awarded since-yet not the point))
Would anyone here be willing to follow up my next complaint on the C& P problems many here have?
If it took a costly IMO/IME to get a full reading of your evidence, and then attain an award, tell them that.
If  your are in financial diffculties and cannot possibly afford an IMO/IME, tell them that.
If they lied about your condition , tell the OAWB that- and give evidence to show that they lied.
Be prepared to attach the C & P exam to the email you send to them, and attach any other evidence you feel they might need.
I told the OAWB Triage  manager I  have seen many C & Ps over the years that are highly erroneous and deny many valid claims . Claims that will add to the backlog and if they are valid they should never even be in the appeals process at all.
If you prepare a complaint, specific only to the C & P problem, you can refer OAWB  to my complaint ( Berta Simmons, NY ) that will be at OAWB on the 16th of this month.I am waiting until the 15th to see if VA will send me a C & P exam I requested.Whether I get it or not the complaint will still be filed on the 16th.
I do not really have a dog in this fight because so far I won any claim VA gave a lousy C & P on.I only needed the IMOs I have for one claim.
Something needs to be done about this situation.That wont happen with one complaint from a dead veteran's widow. The only evidence I have is my own personal
letters and C & P exams from the VA, And the info from NVLSP and GAO-which covers all veterans but  is general, and not specific to what many of you really go through with C & P exams,   that are geared to what the VAROs want-
                                                                     and that is - to deny the claim.
 
 
 
 
 
 
 
 
 
 
 
 

That is an odd response....I got an odd response the other day as well from OAWB.
They had never questioned me as to having to be  a  VA employee- I dont work for VA but am an advocate.
They referred me to a different VA VHA office------
The WH knew I was not a VA employee and they are the ones who contacted OAWB-who in turn contacted me.
Then I got a very odd email  from VHA, who the department falls under. They said they will respond to me within two weeks-but I responded to them with a  serious question as to the email they sent to me.
What good is the OAWB if they are not listening to civilian non VA employees?I sent them penty of evidence on the issue I raised which has to do with ALL veterans in the VA heallth care system.
I was told they are investigating my issues. If they are not doing that, I will call the WH again.
It is those of us who are claimants as well as veterans in the VA health care system who have legitimate gripes about Accountability.
We are the ones who suffer from the VA's lack of it !!!!
 
 
 
 

Is anyone here willing to actually contact the OAWB and send them a copy of your flawed C & P exam?
 

My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!
 
Edit:  This was my first time appealing and it was a VBA grant. 

My claim was partially resolved today as well. They had it pending notification. I saw the increase and items listed but one says defer and status back to gathering evidence. I called VA they said the others are settled and there’s a rate increase one though is still be reviewed. It’s weird. But 800 couldn’t give more details so my question is when will I see the backpay again no answer. Best bet is calling your service rep and seeing what they know. 
Congrats on the increase. Just sounds like you’re waiting on final docs but you see the increase rating. 

Lumbar and Thoracic are rated as one.  Cervical is rated as one and separately from the Lumbar/Thoracic.
I am rated 20% Lumbar/Thoracic for Range of Motion and then 20% Cervical for Range of Motion.
Degenerative Arthritis gets you service connected at 10% by x-ray evidence.  20% and higher ratings are for ROM.  Bed-rest gets you the big numbers, but doctors don't prescribe that anymore, so its just the VA rating reg being from the stone-age.
Good luck,
Hamslice
 

Well, if you go Supplemental, and you don't agree with their findings, you can then appeal and THEN it will go to higher level review!  Today is day 169 for me on Supplemental review, and the decision was made yesterday, awaiting them to send it out to me.