68mustang

This is the file that James Breckenridge provided to us on asbestos adjudication. My asbestosis claim is pending and the information contained in the file will be very useful should the VA not follow the adjudication claim process for asbestos adjudication. Thanks to James for all the help he has provided us. 68mustang

broncovet I posted the following a while back on M21 adjudication. Don't know if this is what you are talking about. 68mustang http://www.bva.va.gov/docs/VLR_VOL1/vlr1parker.pdf

I found the following web site on the Legal Authority Within the Department of Veterans Affairs Adjudication. May be some interesting reading for all. Please look at it and give your thoughts. Thanks. 68mustang http://www.bva.va.gov/docs/VLR_VOL1/vlr1parker.pdf

The claim is for asbestosis and the NOD is for depression because I believe I was lowballed at 10% and I believe it should be at 30%. No specific information was cited as being needed. Thanks. 68mustang

I received a grant of 10% for depression and I believe that it should be at 30%. I am working on new medical evidence and other evidence that was not used in the decision. Hopefully that would allow me to get to higher level of 30%. So I don't know if the time frame allows me to work on it before an DRO review. 68mustang

I sent in an NOD for a depression claim on 21 Oct 2010 and today I received a letter that acknowledges receipt of my NOD. Along with the letter I receive a VA Form 21-4138. I had been advised after I had file my NOD to request a reconsideration of my denial and now I get this letter. Since I got this letter is it too late to request a reconsideration? Thanks. 68mustang

justruck and brokensoldier244th Thanks for your response. I finally got through on the 1-800 to VA. I inquired about what the "Requested confirmation of benefit" and was told that the VA had requested info from the National Personnel Center about my military service in conjunction with my claims. Makes no sense to me because my military service info should be in my c-file already. 68mustang

I filed an NOD for depression and new medical evidence for an asbestosis claim about two weeks ago. I checked the E-benefits web site to see if there was an update on the NOD or the new medical evidence as having been received. There is no update on the NOD or the medical evidence, but there is some new info. I noticed that in the section titled " What we have done" it states "Requested confirmation of benefit" on 11-02-10. Any idea why the VA would request such info? Thanks. 68mustang

This reminds me of the adenovirus vaccine testing that I was subjected to in Navy bootcamp in 1967. I did not find out about being a lab rat for the vaccine testing until until many years after the end of my enlistment. I was looking through copies of my military medical records and there was a notation about the testing ,which I never agreed to. I remember that we had some recruits who got very sick after getting some vaccines. I don't know if it was because of those vaccines,but they did get respiratory illnesses. After I got out I got very sick with respiratory illnesses,but I don't know if it was due to the vaccine. 68mustang

Carlie and john999 Thank you for taking the time and effort to respond to my post. Well I guess after all the prodding with 1-800 calls and IRIS requests the VA finally came through with a retro for 12 months for SMC K. I was checking my bank account this morning and lo and behold my balance was different. Seems the VA deposited the money overnight.I called the 1-800# yesterday and I was told it was still in development and I checked Ebenefits this morning and that also states that my deferred claim is in development. I am thankful that the deferred claim issue has apparently been resolved, but I won't do anything with the money until I get an official letter from the VA. I still will file the NOD tomorrow for the increase on depression and for the asbestosis. Thanks again. 68mustang

john999 Thanks again for the response. This Thursday I see my VSO at the clinic and I will file the NOD. Maybe lighting a fire under the VA will get them moving toward a denial or approval. 68mustang

john999 Thanks for the response. Someone had advised me to go ahead and include the deferred claim in my NOD, but I can't remember who. So do you think I should include it even if by some miracle the VA sends me a decision in the near future? Could there be some repercussions if I do and the VA approves or denies the deferred claim? Thanks. 68mustang

Carlie, Thank you very much for your response. Yes I do have more new evidence and I have until March 22,2011 to file the NOD. However I am waiting to hear on deferred claim which has been in limbo since March 22,2210. After repeated attempts to get the Houston RO to provide a detail response as what the holdup is on the deferred claim all the VA will respond with is "we are still working on it". The responses have been through IRIS and letters from the VA. This Thursday I want to go file an NOD on the depression rating to see if I can get it higher. Also include an NOD for the denial for asbestosis and I have new medical evidence and evidence that the VA totally ignored yet was in their possession. Plus it was not adjudicated in accordance with the M21 that was posted on hadit (YEA and thanks to James Breckenridge and you). Plus since the VA will not give a definitive answer on the deferred claim I want to add that to the NOD. Any thoughts on what I just stated? Thanks. 68mustang

Carlie or anyone else please I need your help. Do you know if you have to meet all the symptoms describe under the 30% rating to get an increase from 10%? I think I was lowballed and will be filing an NOD because of some missing info in the C&P exam for depression. Thanks. 68mustang

Thanks Vync For bringing that up. Maybe someone will respond and offer some input on whether to mention that after I file the NOD. Also if that would help my claim in getting the rating raised.Thanks. 68mustang

john999 Thank you for the response. I don't know if you read my first response to you so I resent it again to see if you or anyone has else has any input. I now have obtain copies of my progress reports with my VA doctor where they show that he double the dosage of my medication for depression and also prescribed sleep medicine. He also notes that I am positive for PTSD and MST in the progress reports. I see my MH counselor again next week.Thanks. 68mustang

Cm Burns the reason I asked where you got your info is because this week for me calling the 1-800# and looking up up info on E-benefits has been tough on me. First on E-benefits my claim showed that it was in development. Then later in the week it went to decision and then notification. Later I checked it was back in development yesterday. I first called the 1-800# when it went notification and I was told that they could only tell me that I would be sent a letter. I again called yesterday when it went back to development and was told that a decision had been made and that they could not give me any further info. So here I am in limbo waiting to see what the decision was and why it went back to development. It makes no sense, but what am I going to do. Watch football as stillhere recommends.Thanks. 68mustang

Cm Burns where did you get your info on your claims? 68mustang

I received a copy of my c-file the other day. I found a copy of a VA form 21-6789 that has a JSRRC review that was done on my stressors. The review states that my stressor is conceded. The only stressor that was conceded was the stressor for the hazing I had while aboard ship, which amounted to MST. The JSRRC review has noted on it as to what the examiner should do: "Please ask examiner: Please exam for PTSD. The stressor is conceded based on veteran being involved in a hazing incident that happened aboard the ship". I had two separate C&P exams administered by different examiners one for PTSD and one for depression The C&P examiner's report for PTSD states that "Does the veteran meet the DSM-IV stressor criterion? No" "Does the veteran meet the DSM-IV criteria for a diagnosis for PTSD? No" The PTSD C&P examiners report also states in the medical opinion that: "Rationale for opinion given vet does not qualify for diagnosis of PTSD; he does have a depressed mood though but it is hard to determine whether depression is due to stressors cited while in the Navy; I cannot determine exact cause of depression without resorting to speculation". I did get rated at 10% for depression by the C&P depression examiner and the examiner's opinion was that it was for depression secondary to tinnitus, hearing loss, in-service hazing and traumatic assaults that I experienced. The C&P exam for PTSD does not address the MST and the separate exam for depression refers to the MST as traumatic assaults. I would like to see if I can get it rated higher if I don't meet the criteria for PTSD. The copy of the VA form 21-6789 with the JSRRC review does not show up in the evidence used listing. Plus the rater stated the GAF that was assigned by both examiners was a "65", but in realty it was a"60" on both. Don't know if the above mentioned items make a difference.Can anyone please offer some advice on what I can do when I file an NOD on this. Thanks. 68mustang

john999 Thanks for your response. We are so out of luck as veterans. 68mustangs

I tried this week to get a lawyer who represents vets to represent me on my claims. To make a long story short I was told that they could not represent me because what it came down to was that it was not feasible for them or me to be represented by them because of the monetary compensation and their percentage fee (20% or 25% don't remember which). I was told that if the disability percentage I was trying to obtain was 70% or more that I could call them at a later date. You see I am only at 20% (10% tinnitus and 10% depression) now and they told me that I could probably go for an increase to 30% on my depression, which should bring me up to 40%. I was very happy at first because I was given the impression that they would represent me, then they pop my balloon. It all came down to dollars and cents. I am going to use a local VSO who is helping a vet friend of mine. Thanks just needed to get this out and somewhat vent. 68mustang

Thanks Chuck75 for your response. 68mustang

Carlie: Checked Ebenefits and called the 1-800 today. I was told that my deferred claim was in the decision phase. Now have to wait to see what the VA will decide before I do anything else now. I am going to use a VSO that I am comfortable with and seems to know what he is doing. Only time will tell if he does. Thanks. 68mustang

Just a quick update. I still have not heard back from the Houston RO after my IRIS was forwarded there 03 Sep 10. I have called the 1-800 number twice and sent in an IRIS inquiry again this week detailing the C&P exam I already had and why I need another C&P exam for which a VA doctor has already provided an opinion for. It looks like for some reason that the VA is stalling. Thanks. 68mustang