pacmanx1

Congrats.

The rating should say something about permanent and total disability or it could say that his condition is permanent in nature. Did VA send a VA form 21-8760 along with his rating decision? Did his rating decision say anything about CH35 or CHAMPVA?

After you submitted your evidence and the reason why you disagree with VA decisions, you can state that you waive the 30 days or 60 days period and request that VA process your claims as soon as possible. VA will most likely make you wait; VA will not be in a rush to resolve your claims. Keep in mind that you are appealing the claims VA have denied and it can take years before you get the final decision. Since you are just filing your NOD, VA will contact you for any additional evidence. You can also request a DRO hearing to try to resolve your claims faster but sometimes even this does not work and your claims have to go to BVA. Hope the best

If you signed a POA it should be with the DAV not an individual, you can get any certified DAV VSO you want to help you with your claims. You have to do what is best for you. You are not changing your POA, you are just going with a different DAV VSO, so why would you have to fire any body. You should be able to get any VSO at that office to help you with your claims. If you singed an individual POA, you should change it as soon as possible.

This is just my opinion; I do not understand his logic. By filing multiple NODs and claims that will eventually be combined and all rated at the same time, is a waste of your time. All the NODs and claims will be submitted within a month. VA does not like to do piece work. VA will try their best to combined all this information together and make one decision, yes you will have several NODs and claims but VA will try to make this as neatly as they can. When and if your claims go to the BVA you will have several issues but still one appeal. Maybe this is his way of trying to prove job security (that he is needed), by you constantly filing claims, and NODs, it shows that he is doing a lot of work when he could take care of all this at one time. As I said this is just my opinion.

What are your current disabilities and their rating percentages?

Unfortunately at this point, any paperwork you send VA "may" add time to your claim. You can call the 800# or send an Iris Inquiry and they will not delay your rating but again if you send in new evidence or a new statement your claim will be removed from the board area, and back sent to development to figure out if more information is needed to go with the new statement or new evidence. This is just my opinion but try not to delay your decision, give VA a chance to do their Job. I know this is hard but you really need that decision. Even if you file for an increase for PTSD right now, it "could" delay the decision that you have been waiting on. Hope the best

VA TO REVIEW CLAIMS OF MANY VETERANS PREVIOUSLY DENIED AGENT ORANGE BENEFITS Akaka: "I urge veterans to determine if evidence of ships in inland waters or service on the perimeter of Air Force bases in Thailand entitles them to health care and benefits." by Larry Scott, VA Watchdog dot Org ------------------------- Please use our search engine for more about ... ... Agent Orange ... here ... http://www.yourvabenefits.org/sessearch.p hp?q=agent+orange&op=ph ... Blue Water Navy ... here ... http://www.yourvabenefits.org/sessea rch.php?q=blue+water&op=ph ------------------------- SENATE COMMITTEE ON VETERANS AFFAIRS PRESS RELEASE VA TO REVIEW CASES OF NEARLY 17,000 "BROWN WATER" AND OTHER VIETNAM VETERANS PREVIOUSLY DENIED AGENT ORANGE BENEFITS Chairman Akaka posts information on committee website to help veterans and advocates WASHINGTON, D.C. – Following oversight requests from Senate Veterans' Affairs Committee Chairman Daniel K. Akaka (D-Hawaii), the Department of Veterans Affairs has agreed to review the cases of nearly 17,000 "Brown Water" and other Vietnam Era veterans who claimed disabilities related to Agent Orange. VA had previously denied a number of claims without properly determining whether veterans served in Vietnam's inland waterways ("Brown Water") or otherwise served in locations where veterans may have been exposed to herbicides, such as Agent Orange. "I commend VA for responding to data showing that many Navy vessels thought to have stayed at sea actually traveled into the inland waters of Vietnam. As a result, veterans who served on these vessels are eligible for the same benefits as Vietnam veterans who served on land. I urge veterans and advocates to visit the Senate Veterans' Affairs Committee website to determine if evidence of ships in inland waters or service on the perimeter of Air Force bases in Thailand entitles them or someone they know to health care and benefits," said Senator Akaka. Akaka successfully urged VA to reconsider cases in which claims by Vietnam veterans potentially exposed to Agent Orange were denied without obtaining relevant military records, such as deck logs. These claims had been held in abeyance by VA while litigation was pending concerning so-called "Blue Water" veterans and their exposure to Agent Orange and other herbicides, and were subsequently denied. Akaka discovered that many of these veterans actually served in so-called "Brown Water" or inland waters of Vietnam, and should have received the same presumption of service-connection as veterans who had "boots on the ground" in Vietnam. By law, VA presumes that veterans who served in inland waterways were exposed to Agent Orange or other herbicides. Any of those veterans who suffer from certain diseases, and their survivors, may qualify for monetary benefits and health care. With this review, certain veterans who were previously considered "Blue Water" veterans will have their claims re-evaluated for evidence of "Brown Water" service, or evidence of service in other locations where VA acknowledges that herbicides may have been used, such as the perimeter of Air Force bases in Thailand. The Senate Veterans' Affairs Committee website provides a list of the ships VA has acknowledged traveled in inland waters, as well as evidence about other ships that the committee has received. A list of the ships identified to have traveled in Vietnam's inland waters by VA is available here: LINK Akaka's committee staff has compiled an additional list of ships with evidence or suggestion of service in Vietnam's inland waters. That list is available here: LINK For a list of the conditions Vietnam veterans are presumed exposed to, please click here: LINK In addition, monetary benefits and care are provided to Vietnam veterans' offspring with spina bifida, and to children of women veterans who served in Vietnam who have birth defects (more information here: LINK).

It will be a review of the evidence and no hearing. I was told that I maybe contacted but the evidence was submitted again within the last year and my file went back to BVA and BVA returned it to the local VARO for review or Issuance of SSOC. I do feel good about my claims even if I do not get a call or hearing.

I have been told for the last several weeks that my appeal claims are with the DRO. Both the 800# and the iris inquiry say that my claims are still waiting their turn to be reviewed.

It seems that you are doing the only thing you can do and that is getting another mental health opinion.

Congrats.

Not really sure what you are talking about. Are you referring to your back claim or other claims that you filed? A little more information would help.

Congrats. :biggrin:

Congrats.

If you file a NOD within the one year time frame and those claims are awarded, then VA will change your overall rating to have the effective date of the claims that were awarded due to you filing the NODs. The claims will have the original claim date as the date you filed the claims. VA will most likely only focus on the claims that you file a NOD on. Hope this makes sense

4.9 Congenital or developmental defects. Mere congenital or developmental defects, absent, displaced or supernumerary parts, refractive error of the eye, personality disorder and mental deficiency are not diseases or injuries in the meaning of applicable legislation for disability compensation purposes.

Once a veteran is rated 100% service connected, the only claims that really needs to be filed are life threatening conditions or claims that could lead to SMC payments. All claims that are on appeal should be continued until awarded, sometimes VA will award a veteran 100% service connected hoping the veteran will drop all appeal claims and lose any type of retro payment. Of course a veteran should consider any type of CUE claim if warranted. The bottom line is it could be more money.

We should give every veteran the benefit of doubt. The original post could possibly help another veteran provided they file a claim and the evidence or incident can be verified by VA.

You will have to get a doctor's statement that your Chronic pain disorder is greater than your non service connected depression. It would be better to get a VA psychiatrist or a non VA psychiatrist.

What you need to do is to make sure that when you go to your mental health appointments, that you find a way to tell the doctor everything. You need to make sure that your condition is written in your records. VA may or may not give a lot of weight to lay statements but they will have to consider what your current treatment records show. Your records must show that you have social and occupational impairments or some type of deficiencies that are documented by a psychiatrist. Evidence is what win claims and get certain ratings, the more evidence you can get the better your rating will be.

Great, that should help.

VA EXTENDS ROUTINE FUTURE EXAMINATIONS SCHEDULE BY THREE YEARS VA will now schedule routine future examinations at five-year intervals instead of two-year intervals hoping to cut claims backlog. by Larry Scott, VA Watchdog dot Org ------------------------- On the third of this month we brought you this story: BRADLEY MAYES OUT AS VA'S HEAD OF COMPENSATION AND PENSION (C&P) SERVICE -- Tom Murphy has been appointed Director of the Compensation and Pension Service for the Department of Veterans Affairs. http://www.vawatchdo.../nf080310-4.htm Many wondered what Murphy would bring to the table at the Veterans Benefits Administration (VBA). Now, it appears one of his first acts was to extend the routine future examinations schedule by three years. VBA Fast Letter is posted below. ------------------------- DEPARTMENT OF VETERANS AFFAIRS Veterans Benefits Administration Washington, D.C. 20420 July 29, 2010 Director (00/21) Fast Letter 10-14 Revised All VA Regional Offices and Centers SUBJ: Procedural Change Regarding Routine Future Examinations Revision This fast letter is revised to comport with 38 Code of Federal Regulations (CFR) § 3.344. We changed the information on handling the results of a routine future examination on page 2. Purpose At the recent VBA Leadership Workshop, a recommendation was made to modify compensation claims processing procedures to schedule routine future examinations at 5-year intervals instead of 2-year intervals. This fast letter implements this procedural change to aid in the reduction of the rating-related claims inventory. Procedure This procedural change applies to reexaminations under 38 CFR §3.327 and is effective immediately. Claims should be thoroughly analyzed to determine if a routine future examination is necessary. Once it is determined that a routine future examination is needed, schedule the examination 5 years from the date of the rating decision, with the following exceptions: o Prestabilization rating decisions under 38 CFR §3.327(b)(1). o Discharge from military service due to a mental disorder caused by traumatic stress under 38 CFR §4.129. o Malignancies that require reevaluation 6 months following cessation of treatment for active disease. o Any other future examination required under other sections of 38 CFR Part 3 and Part 4. 38 CFR §3.327 states that reexaminations, including periods of hospital observation, will be requested whenever VA determines there is a need to verify either the continued existence or the current severity of a disability. Reexaminations will be required if it is likely that a disability has improved, or if evidence indicates there has been a material change in a disability or the current rating may be incorrect. Routine future examinations established prior to the date of this fast letter (excluding the exceptions listed above) will be automatically rescheduled for 5 years from the date of the rating decision through a software program. Regional offices will be notified when this has been completed. Until notified, all routine future examinations that mature should be advanced to a date 5 years from the date of the rating decision that established the need for the routine future examination. Per 38 CFR §3.344(a), when the results of a routine future examination (set at 5 years out) show improvement of a disability that is subject to temporary or episodic improvement, a reduction in evaluation cannot be made based on only one examination, unless all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. The second examination should be scheduled for 18, 24, or 30 months from the date of the new rating decision per 38 CFR §3.344(b). Note that the provisions of 38 CFR §3.344(a) and (b) do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations showing improvement in these disabilities will warrant reduction in rating. Adjudicate and promulgate all routine future examinations under end product 310 and 810 work items. Point of Contact Questions about this fast letter should be submitted to VAVBAWAS/CO/212A. /S/ Thomas J. Murphy Director Compensation and Pension Service

Sapper, have you applied for SSDI (Social Security Disability Insurance)?

Ok, another question I do have is that if I am awarded 100% schedular, will that entitle me to Champ VA health insurance for myself and my family? CHAMPVA is for dependents. I know I'm getting ahead of myself here, but I'm just figuring all of this out before the fact so I can be prepared. I don't know if they'll P&T me or not, we'll have to wait and see. Also will my family be entitled to any education benefits if I am 100% schedular and not P&T? I believe you would have to be P & T to get CHAMPVA and CH35 Dependent Education (DEA). I know it's a lot of questions, and I should find out beforehand what I am rated, but there could be others also who read the post with similar questions. The main thing I'm curious about is what's the benefit of being 100% schedular and not 100% IU? Yes, VA can award you 100% schedular and not grant P & T, to get P & T; you would need a doctor's statement that your condition is static (not likely to get better). I know that with schedular you are able to work, but that's all I really know. Thanks again in advance for all of the replies! Not for a service connected mental health condition. If you are awarded 100% TDIU due to your PTSD, you cannot work and keep the 100% TDIU. If you are awarded 100% schedular due to your PTSD and start working, then VA will try to lower your rating due to the fact the regulation states that you have to have "Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name". Now if you were rated 100% schedular for service connected physical disabilities and could find an employer that would keep you and you could do the work, and then you could keep the 100% and continue to work as long as you want. Hope the makes sense