GBArmy

So do you have a notation on VA.gov that a decision has been Made?

Tuanntrang Don't assume anything with the VA. You didn't get measured with the gianometer for anything at all? She didn't take any measurements? Did you receive an update on VA.gov that said a decision had been made and a letter was in the mail? They aren't going to give an increase without comparing your current symptoms to that from before. Wait for the letter and see if they are asking you if you want to apply for TDIU and submit evidence for that. It is the only thing I can think of. And yes, if there is a change in your combined disability rating, it would be found in the "letters" section when you are checking your benefits. Wait for your decision letter.

Hi KellyD I don't know if you realize it, but you posted the same question 3 times. Once usually will get a response. So, lets be a little clearer on what your issue is. What kind of benefits do you seek? Your husband passed from cancer, was stationed at CLJ when; what years, how long? When were you married? Was he disabled by the VA and if so, when, and what were his disabilities?

Theopolis Welcome to Hadit. It occurs when the VA finds a procedural error in your previous claim that would result in a CUE situation if they didn't correct it. It's not a bad thing, and could be a good thing for you. So, the VA has to develop your claim more; maybe another C&P exam or an ACE review/exam. You should get a letter in a week or so. If you call Peggy, they won't tell you much prior to you getting the decision letter. Even after, you still won't get much from them. I had one where my original claim went in on a Supplement, but they denied based on it being a direct disability. I issued a HLR and they came back with a decision like you have. The letter will say that you have 30 days to submit NEW evidence; otherwise they will likely issue a decision. If nothing has changed, you shouldn't have to submit new evidence. Of course, if you do, it will delay your corrected decision. Hang in there until you get a new decision letter.

Buck it doesn't sound like it would be of much benefit to you to go after it as another disability. Risk vs. reward? Not much either way. It would possibly be a 50% rating if you won, but you already have SMC S, so you won't climb the ladder with that award compensation-wise. You still get their CPAP machine and care, whether or not it is s-c. If you don't want the grief, don't do it man.

I agree of course with Shrek and Broken. Go for it if you can get an IMO to back it up as secondary. Remember, you're not a doctor, so you need one qualified to opine the connection, even if it is obvious. And why give in? Time goes by whether or not you submit a claim or not. Good luck.

Agree. Let's move on!

Good post by Blah. Good advice. You don't lose until you quit trying!

Buck couldn't be more correct. It is always a good show and anyone can just listen and learn. Of course you can call in and see what kind of advise you can get. The guests are always interesting and the whole crew have been dealing with the VA hamster wheel for quite a while. Great show and you can also listen on podcast too if you miss it.

Hi Sally, welcome to Hadit. I'm not exactly sure if you are asking a question. Are you saying that you want to go to 100% rating? Are you asking what benefits for you and your wife would result if you got to 100%? How old are you and do you have any other VA approved disabilities? If you can, redact or remove your name ,SSN ,etc. and attach your last decision letter to your post. You are right, though, it sure is stressful dealing with the VA for most things. Please provide more info so we can better advise.

John There are a lot of calculators available on the internet, but I've never found one that can include the bilateral factor correctly. Without it I get 90.25, which is 90%. If no one comes up with a good response, you could call Peggy and ask them to do it. Problem with that is, I'm not sure it will be any more accurate than the other info they provide. Next option would be IRIS. I assume these are what you anticipate getting for disabilities. If they are firm, go to va.gov and get a print out on your "letters."

Hi Sharm What ever you submit goes against the ITF; if you submit 3, then all three will have the same effective date if you win. Not sure what you refer to as "normal." An ITF is a notice to the VA that you are submitting a claim and that notice "locks in" your submittal date. In most cases, and there are exceptions for just about anything the VA does, all the disabilities you submit at the same time will be held and decided in the same notification letter. If you have an open claim, and then submit a new claim, it is a NEW claim. As additional claim, it can be combined with the first claim and travel together, so it will slow down the first claim in most cases. They have to see if the new one is in any way connected or effected by the jirst claim. If they are different types, say one is a supplemental claim with no additional evidence required and say a new claim that needs duty to assist, they can be separated. But,it's the VA's game and they play by their rules, sometimes. And sometimes, they don't follow their own rules. The best course of action may be to submit your ITF to protect your EED, but submit all of your claims together so they can be developed at the same time. It is controversial, but one more thing. I wouldn't use a shot gun approach; don't throw a dozen disabilities at them at once. It may lock in your EED, but it will likely take much, much longer to get decisions. I personally also believe that the VA sees the laundry list and may make it a little harder at getting you favorable decisions because of the effect on your overall combined rating. IMHO. Hope this helps.

It starts, I believe end of August, but takes a little while. I'd give it a couple weeks more, then put in an IRIS request on your claim.

I have the same conditions as Berta does; only on Hadit. I get out and then reload again. I usually can get on after several tries.

Sharm I see no reason why you shouldn't. Go do it.

Vync Hell of a journey you're on. I seriously doubt getting a Congressman's help will work. They like these feel-good stories that can help with getting votes. This is way out there in terms of a good P R story for their press. My understanding is if you lose on a CUE, that's the end of the CUE unless the VA does another CUE on the decision. At this point, it is just as much a legal problem as it is a medical one. I think you need some other outside help. How far back is your EED going to be? If it is sizeable, you might be able to get a law firm that wants a big challenge just for kicks. Or maybe Dr. Anaise or Ellis. That's what I would do. But if you keep doing what you've been doing and getting denied, maybe try something else?

Mike You are going to have to provide a lot more info on what you are talking about to get any hope of assistance from us. What tort claim? Are you talking about an 1151 claim? You would need to redact your name and other personal info and post the decision letter at a minimum.

You didn't say if you had it done at the VA or at a contractor. If done at the RO, give them a week and go and ask them for a copy. If it is done at a contractor, like VES for example, you have to send away for it to Janesville. I was told that if you go to the C&P office after 30 days, you may have success, but I'm not sure that is correct. If it is, it will be a lot faster. Form 21-5345 I believe.

Hi Ken It is common for a np to do certain types of exams for C&P. Not unusual. What she writes down is what is important; not what she says. You would want to see a copy of your C&P exam, like you said.

I just had one completed that was just about 4 months old old this month, so 4 seems to be average right now. Their target for HLR is supposed to be 125 days, so that fits as well.

Punisher Does it say your dependents are eligible for ed benefits per Chapter 35? Go to va.gov disability claims. It will say you have a decision and the letter is in the mail. Click on that claim and then scroll down to letters. Select and it will say more info about your ratings (sometimes.) I am unable to open up your attachments.

Agree with Tbird. "S-C has been est. as 2-19-13"; so hopefully, you get the disability you deserve from that date to now. Good luck, Kfederal.

You can't switch horses in mid-stream. Or at least, it's pretty hard. The lawyer has a contract. You can't measure how much work he has (or hasn't) put into your claim. And any new lawyer you try to sign on will stay away because they just don't jump on another lawyer's case. You would have to get a settlement/written release from the first lawyer. Not likely to happen. As for signing a contract to pay, that is what a contract is. If you don't like the consequences, don't get a lawyer and do it yourself.

The CP examiner is not likely going to look at your new DBQ unless it is already submitted as evidence. The more favorable evidence you can present on a previously denied claim the better IMHO. As long as they aren't contradicting each others, it would be favorable. You said you are missing one element or symptom and I assume the new DBQ covers that. If the supplemental claim is fdc, fully developed claim, and you submit new evidence, it is no longer fdc but regular. I don't know what you filed as. If you are denied again, you can then go to BVA as fdc, no additional evidence, which would be a "quicker" trip, as your new evidence was submitted.

I think Buck has good advise on this. If you are scheduled for a C&P, you go. If you could get ADDITIONAL evidence that would significantly change the exam , you could get it and down load. If the examiner doesn't have it to review, you can ask him to look at what you had submitted prior to the exam. If he says no, then you are on record and they didn't eval all your evidence. If your claim is a suppl. claim with no additional evidence to submit, then you change it. It will delay the claim but allow new evidence to be evaluated. The new evidence would also be in the claim when you go to BVA.