pacmanx1

I don't know, this used to be the number to the BVA status line but they have always been respectful to me even when I called several times a week because I would forget what they told me. Pete992

Wow just got letter today automatic P & T and approved chapter 35 dang no fight no hassles IU was found to be moot. I guess I am just waiting for my remands for EED and reopen claims. Pete992

Called the 1-866-258-0341 which is another toll free number for VA on March 9, to check the status of my increase. It has been in and out of the board for new evidence. I was told that it had just went back to the rating board. Called same number on March 13, to check the status and was told that my claim went to authorization. I got a message call on March 16, by my representative and was told that "we just got you 100%" if you need to call me call me. I called the same number today and was told that my combined rating was 100%. Still waiting for the letter and of course the back pay should be nice going back to 2007. Don't understand why this number gives better information than the 1-800-827-1000 but I am very happy. Now to wait on my remands and other differed issues. I know I wont get another increase but I could get P & T and the effective dates could award me back pay, that would be nice. I know I am a late comer but thank God and thanks hadit Pete992

If you have a copy of your SMRs read them, in them you are diagnosed with different issues (disabilities) then go to the title 38 part 4 and find the system of your disorder and the diagnosis, example: urinary incontinence is rated as a dysfunctional condition, as Meddac said if you meet the criteria you can specifically ask for a particular rating. §4.115a Ratings of the genitourinary system--dysfunctions. Voiding dysfunction: Rate particular condition as urine leakage, frequency, or obstructed voiding Continual Urine Leakage, Post Surgical Urinary Diversion, Urinary Incontinence, or Stress Incontinence:Requiring the use of an appliance or the wearing of absorbent materials which must be changed more than 4 times per day 60 Requiring the wearing of absorbent materials which must be changed 2 to 4 times per day 40 Requiring the wearing of absorbent materials which must be changed less than 2 times per day 20

In my case I found out that the average time was from 18 to 29 months from the time you get the denial letter, It has been several years but I don't think they move any faster. Have you tried to call the board of hearings to ask for the status of your claim. The number used to be 703 605 8000 or cal your local SSA office and ask for the number if changed or the 1 800 XXX-XXXX. I think they may have changed the name also. Pete992

cvsp, Hey have you read the regulation here it is: I think the key words are incapacitating and bed rest JMHO but this may be hard to get, sorry to be negative. 6354 Chronic Fatigue Syndrome (CFS):Debilitating fatigue, cognitive impairments (such as inability to concentrate, forgetfulness, confusion), or a combination of other signs and symptoms: Which are nearly constant and so severe as to restrict routine daily activities almost completely and which may occasionally preclude self-care 100 Which are nearly constant and restrict routine daily activities to less than 50 percent of the pre-illness level, or; which wax and wane, resulting in periods of incapacitation of at least six weeks total duration per year 60 Which are nearly constant and restrict routine daily activities to 50 to 75 percent of the pre-illness level, or; which wax and wane, resulting in periods of incapacitation of at least four but less than six weeks total duration per year 40 Which are nearly constant and restrict routine daily activities by less than 25 percent of the pre-illness level, or; which wax and wane, resulting in periods of incapacitation of at least two but less than four weeks total duration per year 20 Which wax and wane but result in periods of incapacitation of at least one but less than two weeks total duration per year, or; symptoms controlled by continuous medication 10 Note: For the purpose of evaluating this disability, the condition will be considered incapacitating only while it requires bed rest and treatment by a physician. Pete992

OK, that makes sense. Remember VA has doctors on staff and if they don't understand something they will ask the doctors. If they can't read something they will try to use other records in your file. Pete992

cvsp, Please be very careful not to alter your records. If you can't understand them just make a copy of them, and comment on the date and assessment of the record on a VA form 4138, It would be just your opinion and not part of the original assessment. Remember you have other SMRs floating around and you never know where they may end up. If they in some way get connected to your records and VA then get an altered copy it may seem fishy. I may be wrong again but I would put everything by date from oldest to current, that way when you address any issue it would be easier to find. It may take you a while to remember where things are located as issues but it helps me because I forget a lot and my concentration is horrible but reading things over and over again sometimes I catch things better. you said I will try to make a better copy and if there is something that I cannot read on the copies I will make a note of it on the copy. Pete992

Congratulations Hope I Am next Pete992

If all goes right yes, beware VA may low ball you. They may give you service connection from your ETS date but make it 0% so there is no money involved. Your record must also show continued treatment after you got out of the service. VA may also try to just pay you from your claim date. The sneaky bastards won't play fair. It would be great if once a veteran file a claim that VA reviews the entire file and grant the veteran everything he/she was entitled to but they won't do that. That's doing the right thing, that's helping the vet, that's cutting down the back log by eliminating numerous claims for increase. It would take a while but the only claims for increase would be for secondary issues. Still waiting for someone to chime in and tell me I am off or wrong in my logic. My depression/concentration tells me I a right an VA (lying dogs) hate to pay out a dime like the frigging money belongs to them. I used to be finance in the military and when the reg. say you meet the requirements then you are entitled to be paid, don't try to play word games to deny and say no. When did you get out? When did you file your claim? Have you been to the doctor (VA or Private) for you conditions? Pete992

For example, in May 2007, a veteran filed a claim and informed the regional office that treatment records for his claimed condition were located at a VA medical center. The effective date for service-connection was the date of claim. The STAR reviewers comment stated that efforts should be made to obtain the information from the medical center to determine if the veteran is entitled to an earlier effective date. However, for the claimed condition, treatment records from 1998 in the claims folder already indicated the condition was probably due to his service-connected condition of diabetes mellitus. Therefore, the veteran was entitled to the earlier effective date. VBA officials agreed the STAR reviewer should have categorized this as an error instead of a comment. I may be wrong and I would hope someone would correct me but when Star reviewers, reviewed the claim they found the veteran already had this information (evidence) in his records to award him/her the disability, Based on the VCAA of 2006 How VA Determines the Effective Date If we grant your claim, the beginning date of your entitlement or increased entitlement to benefits will generally be based on the following factors: When we received your claim; or When the evidence shows a level of disability that supports a certain rating under the rating schedule or other applicable standards. If you filed your claim with VA within one year of your separation from the military, entitlement will be from the day following the day you left the military. Generally payments are effective from the first of the month following the date of your entitlement or increased entitlement based on the above criteria. Examples of evidence that you should tell us about or give to us that may affect how we determine the effective date of any benefits we give you on your claim include the following: Information about continuous treatment or when treatment began; Service medical records in your possession that you may not have sent us; or Reports of treatment for your condition while attending training in the Guard or Reserve. the key words are underlined, some claims have many volumes and when a veteran file a claim the Rating board is supposed to review the entire file. I have eight volumes and I know they hate it when I file a claim for increase. The rating specialist just work on the latest volume which has the most up to date evidence but they screw up the effective date by not reviewing the entire file to see if the veteran had treatment records prior to applying for an increase. Sometimes when developing the evidence the development team make new volumes which is normal but the Rater is still supposed to view the entire file. The report said the condition was probably due to his service-connected condition of diabetes mellitus. VA should have requested more evidence but they most likely overlooked this or did not review this at all. He already had the evidence in his records so it proved he met the EED. I hope this makes since and I hope I am right. If I am wrong please correct me and put me on the right track. Pete992

Hey it is up to you. You could make a good copy for yourself and send/take them the original or make and send/take them a copy and keep the original, I don't think it matters. when I requested a copy of my C-File way back in 1995 they sent me the originals but they do have a copy. I have some records they do not have but when I put in a claim I make sure I send them the evidence they need or tell them what doctor (s) have treated me and make them get the additional records and thank God so far it has been working out. Haven't won all my claims but they are getting better. Since you have been through this a while It may be in your best interest to take them a copy and get something in writing stating that they have received your SMRs. Pete992

Damn, Damn, Damn, He's a police officer and didn't know. Something really stinks here. I think they should investigate more. I get direct deposit and each month I get a bank statement that shows how much went in my account. I understand they had a joint account but the transaction was an EFT payment in his Frigging name from the VA not hers, she set up the claimthe money was in his name . Imagine you get $2500.00 or more a month in your account wouldn't you think something is up. If he didn't know he must be dumber than Barney Fife from Andy Griffith. I think the cops are taking up for their fellow officer but what the hell do I know. It was over $600,00.00 let's get real here. He very well knew. Damn, Damn, Damn. Pete992

How does your doctor classify it? when was the last time you were treated? Do you think your doctor might classify it in you records at the VAMC. If so try to get him/her to classify it and send it in as evidence before the DRO review and make a decision. Pete992

Dey, What did your C & P say? Did it say that your IBS was mild, moderate or severe, that is what you need. Did it say that your IBS was constant. Are you taking in meds. like Dicyclomine? Do you have gas, constipation, stomach cramps when you eat, nausea, vomiting or bloating. Here are the ratings: 7319 Irritable colon syndrome (spastic colitis, mucous colitis, etc.):Severe; diarrhea, or alternating diarrhea and constipation, with more or less constant abdominal distress30Moderate; frequent episodes of bowel disturbance with abdominal distress10Mild; disturbances of bowel function with occasional episodes of abdominal distress filing a NOD is the first step in an appeal, the DRO will review the decision and increase you or continue your 0%. Then it goes to the BVA, the DRO can take a while and the BVA is even longer about 2 years or so. May be wrong but DRO may be a few months to a year. Sorry for the bad news. Pete9920

Sorry, Oldman but good luck and good bye, as you say you are not the only one who suffer from chronic pain. I have arthritis in my spine cervical and lumbar, fibromyalgia, incapacitating migraine headaches, and neuropathy in both my arms and both my legs. Over 6 years ago I was told by neurology I had to live with pain, either my headaches or my arthritis, fibromyalgia and neuropathy. I hate the winter, it's like I get so cold I can't get warm and I hate the summer even more. JMHO You can't run away from the pain. In the last year I was hospitalized because of meds. The first I got a new batch of meds. I been on for years but VA went cheap and got them from a new source and an inactive ingredient shut my system down, I thought I was dying. The other two was they wanted to try newly on the market meds. for my fibromyalgia and the same thing happened, back to the hospital I went. Do you really want to be a Ginny pig in a different country, hats off to you. Sorry Oldman there is no miracle pill/pills, and sorry for being negative but the US is still the Greatest place on earth to live. Pete992

Honestly, I pray about it. Some may not want to hear that but I do. When I first started I was told I couldn't get disability. Then I met a VSO who reviewed my C-File and asked me why was I not 100%. I got sick and when I went back he was gone. I then went to a local VSO and got to 30%. Then I got a copy of my C-File and I started reading the regulation and praying and God has been my help, prayer does work. You have to shop around for a good VSO. You need to talk to them and feel them out, some are great like the one I found but he was gone and some are worthless and do nothing but use up good air. You can also ask your questions to Hadit and read some of the post. There is a lot of good information here and good experience also. Have you tried to contact your congressman to have them put in a request for status of your claim? Have you called or sent in an IRIS requesting the status of your claim? If it has been over a year you need to find out (fast) status to see if you still have an open claim. VA likes to forget then close your claim. Never Never allow a claim to go over a year without finding out the status. Pete992

Here are 57 Disability Examination Worksheets used both by the doctors of VHA (Veterans Health Administration) who do the disability examinations and by the rating specialists, hearing officers, and Decision Review Officers of VBA (Veterans Benefits Administration) who do the disability evaluations. These are just some of the questions that may be asked on a C & P Exam. http://www.vba.va.gov/bln/21/benefits/exams/index.htm Pete992

OK, go to the ROI (release of Information) office at the VAMC and request copies of your C & P exams. Your will have to sign the request forms and they will get them for you and then mail them to you. May take a week or so but it will not interfere with your C-File. The request forms will ask you, where your were treated and by whom. This should solve your problem. Also welcome to hadit. Pete992

Curt, you can still request a copy from the private doctors. You may have to sign somthing, if you have their office numbers give them a call and see what they say about sending or giving you a copy. Pete992

Curt, It would be easier to request a copy of your C & P exam from the VAMC not the VARO. On average when you go to the VAMC and request a copy of your C & P exam they can print it up on the spot if the doctor has completed it and signed it. If you request a copy of your C-File that is at the rating board waiting its turn to be rated then it would have to leave the rating board just to go to the ROI (release of information) to be added to their waiting list to copy your file then go back to the rating board to get in line to be rated. If you already had a C & P just go to the ROI at the VAMC and request a copy of your C & P and it will not interfere because the VAMC will not have your C-File. The only delay may be if they can't print it at that time but in my experience they normally can and if they can't print it they can mail it to you in a couple of days. Yes it can delay the decision. Pete992

cvsp, I may be wrong but requesting a copy of your C-file could delay your decision. Your file may or may not go to the VAMC for your C & P exam but if it does it will return and go to the rating board. You don't want it to return and go to the rating board just to come out to go to the ROI (release of information) to wait its turn to be copied then return to the rating board. The ROI have their on suspense date and could be a long time to copy your C-file and then return it to the rating board. No it won't change your effective date but you were interested in getting a decision. Like I said, I may be wrong but if you want a decision. Asking for a copy of your C-file will interfere. Pete992

Cvsp, Hard to say, it is a good thing because it helps you out by not reclaiming some things but it may slow down your rating decision. You already had a C & P for one claim. Now VA has to decide if you need a C & P for your three new claims. They can process the first claim (approve or deny) and defer the three new issues, or they can send your entire file back to development to request new and material evidence of the three new claims, or they can order new C & P exams for the three new claims, it is very hard to say what VA will do. The regulation for service connected disabilities is 38CFR4 CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 4--SCHEDULE FOR RATING DISABILITIES Pete992

OK, so I can win two ways, the VARO has to address the NOD and the CUE, they both will give me the same results and if they both are denied I still have them on appeal. Does that makes sense to you?

Carlie, I posted that a NOD and a CUE claim could be claimed at the same time based on the fact that I did one. The NOD disagreed with the effective date of the increase I was awarded due to the fact that I had evidence in my file that proved that I had already met the increased requirements and VA did not review my entire file. The Cue was for the mistake of over looking my entire file. The BVA remanded my claim to be reconsidered. Do you think they will still deny my claims for earlier effective dates? Pete992