ruby

Thanks Berta, I’ll look in that area. I will also get an updated c file. Ruby

Haven’t been here in 7 yrs and this forum has changed so I hope I have this in the right area. From 2006 - 2009 I had many claims, nods, dro hearings etc. in 2009 I submitted additional information and a new claim. In 2010 I received 100% P&T with TDIU denied because I had secular (95%) on my claims. Happy as a pig in slop so I forgot about this claim until yesterday when I decided to see if I could get SMC. I found the claim that I filed 2009 (date stamped ) and I can’t remember or find a decision on these issues. In the DRO decision of 2010 this communication is not mentioned, rated or denied. So do I have to reapply and ask for effective date of 2009 based on this open claim. Or do I file something else saying I’ve been waiting 9 years for a decision. It gets complicated had i gotten TDIU when asked for in 2007and this claim had been rated I should have gotten SMC in 2010 when one single claim was rated at 70%. How do I handle this issue. Thanks for any help. Ruby

Thank you for the reply's sorry for the delay in responding but I went on a mini vacation. I have my award letter now and it's very confusing, I was awarded stuff I didn't think was possible. The DRO did his job on my case. I am 100% P&T and I have all the letters to prove it, they were sent out the same time my award letter was sent. Now I have to go to the Tax Office, Auto and the Base. I am not appealing anything, thought about it briefly then decided enough is enough. Time for Peace and Harmony. Ruby

Thank you to everyone that has ever helped me with anything in understanding VA law and regualtions. I don't have my Award Letter but I recieved my back pay today. The only way I could have gottem the sum I recieved was for me to get retro at 100% for 4 yrs.. It is a very large check. Thank you to all--I will pay this forward to others as you all have paid to me in knowledge and understands. God Bless all of You for helping people. God Bless my DRO he read and understand the rules and regulations with out prejudice. When my mind is better I will thank everyone right now my mind is lost on the deposit amont. Thank you God for looking out for me and making sure I talked to the right people and dro knew his job and he did it. It' done and finished- no more claims. 100 PT Ruby

For some reason the P&T wasn't hard to get. At my hearing I stated verbally and in writing that I was asking for P&T. I have no condition that can impove all my medical conditions will only get worse. As shown by Dr's xx notes my condition is static in nature--referring to my asthma and arthritis and the likely hood of my PTSD to impove is unlikely. It was a surprise I won it, really didn't think I would. Now I just want that awards letter so its final. Ruby

I am very happy for your win. Ruby

Congratulations, seems some of older posters are finally winning their claims.

Thanks for the support. I did go in person to confirm some issues, yes I am 100% P&T just waiting for the award letter. If they did the 100% then they did the rating, hopefully it is getting another signature. The award letter will tell me the effective dates. It does seem like they have done some of my claim I did find out that the change in dx was done, that have the HS listed under 7819 instead of scars I don't believe they gave anything percntage wise for it,. It's a happy waiting game. I will let everyone know when I get it.

Thanks to All I did confirm the dependent education assistance means I am P&T. The call center stills has nothing newer then what my SOC says actually they say I still have issues on appeal--I only have one that I know of that hasn't been mentioned anywhere and that is a changed in dx code for the HS. At this point I am not appealing anything, why if I am 100% P&T. I would like the effective dates so I can figure out my retro check. I should be greater then 25,000--- I am concerned that I don't have any effective dates or rating percentages on my SOC did this DRO say I'll give her 100% P&T (I did ask for the P&T at the hearing) and mess with her money. He seemed like a straight dude did what he said he would do. I have to wait and see ------------ It's the waiting that kills you.

I recieved the SOC and it states I was awarded 100% with basic dependent education assistance and I was told that means I am P&T. There is no award letter,I have no clue what my effective dates are and my percentages. No money in the bank.---It makes me think they are going to mess with my retro. I could really use that money right now (couldn't we all). The call center says I still have issues to be decided and I don't or at least not what they told me was still undecided. Although my SOC says I am 100% schedular P&T. The call center said I had IU. Really want it in print. Ruby

I am slightly nervous about not having any effective dates. However this was a DRO hearing. I think they are different. I am calling the 800 number tomorrow to find out what and when I will know anything.

My SOC came today, there are no effective dates but the decision is I was service connected for my Reactive arthritis in all joints, radiculopathy in r and l shoulders etc. CAPS- I am shouting--- THE VETERAN'S COMBINED EVALUATION IS 100% THEREFORE ENTITLEMENT TO INDIVIDUAL EMPLOYABILITY BENEFITS IS MOOT AND HAS BEEN REMOVED FROM APPELLATE REVIEW. While it states they granted all my issues they haven't put in an effective date or what ratings I have for each joint or the radiculopathy. Hope that comes soon. Thanks to all that have helped me with my claim especially to Carlie. Ruby

My soc came today, there are not effective dates but the decision is I was service connected for my Reactive arthritis in all joints, radiculopathy in r and l shoulders etc. CAPS- I am shouting--- THE VETERAN'S COMBINED EVALUATION IS 100% THEREFORE ENTITLEMENT TO INDIVIDUAL EMPLOYABILITY BENEFITS IS MOOT AND HAS BEEN REMOVED FROM APPELLATE REVIEW. While it states they granted all my issues they haven't put in an effective date or what ratings I have for each joint or the radiculopathy. Hope that comes soon. Thanks to all that have helped me with my claim especially to Carlie. Ruby

I heard from the 1-800 number my case has been partially granted and they mailed the SOC on the 12th so I should hear today or tomorrow. Wish me luck that it is good--I have a question about second signatures--if the retro is greater then 25,000 they require a second signature, will they send out the SOC before they get the second signature. I am suspecting since it has only been 3 weeks since my last exam they are going to mess with my retro money.

Thanks for the positive thoughts. While I do have comfort I am not alone, in this case I would be OK being odd women out.

What is e benefits site and how do you know where your claim is.

I too am waiting for a DRO answer. My first appeal was in 08 then I added more to it in 09. I got a hearing in March 2010. My Dro stated that once he mailed my transcript to me, that would mean he was working on my case. Within 3 weeks I had my transcripts and I had 2 comp exams one in April another in May then they had to order another test I had that done June 18. All the C&P examiners opined that my conditions were serviced related and I am unemployable. With that I am in holding pattern until I get my results, unfortunately I forgot to ask the DRO how long it would take after the C&P exams before I would get my results. If I get everything my retro can go back to 05 which would be a large retro check. I am OK with going back to 07-long story but I am not fighting for anything if I get my 100% P&T. I need and want peace while the additional 2 yrs is a large sum its not worth the fight, just hoping they don't make me fight any more. In the past on all my claims once the VARO had my C&P I had my result within a month. I am hoping this happens with this appeal which would mean I should have an answer next week. I am having doubts that is going to happen. Best of Luck to all waiting for results.

Thanks John, guess I will just have to wait and see if I get IU or secular. Just got a call that my PFT is scheduled for next week, I may get an answer within the month. I hope this DRO is really true to his word. Ruby

Thanks Pete. Does anyone know about the bilateral stuff?

I had a DRO hearing 2 months ago and just had my new comp exams. "The examiner is asked to provide an opinion, if it is as likely as not that the claimed condition is the same as or is a result of HS shown during active duty." The examiner stated: "The following medical opinion reached based on extensively reviewing of the C-files, medical records at VAMC and medical literatures." It is the opinion of this examiner that this veteran's wide spread arthropathy/pain/arthritis/degenerative changes that involves in multiple joints, hands and axial skeletal (spine) are at least as likely as not a result of HS as shown during active duty." The examiner then supported her opinion with medical rationale and supporting medical literature. A. Since the examiner was asked if it is as likely as not and she stated at least as likely as not---Will this create a problem? 2. If the limitation of motion of the specific joint or joints involved is noncompensable under the codes a rating of 10 percent is for application for each such major joint or group of minor joints affected by lom. LOM must be objectively confired by findings such as swelling, muscle spasm or satisfactory evidence of painful motion. B. If 10 joints ie shoulders, elbows, hands, knees and ankles bilateral show evidence of swelling and pain am I correct that I may recieve 10% for each joint using the bilateral factor. C. If I have bilateral radiculopathy at the C6-C7 dermatomes this rating would be seperate of the rating for ROM for the cervical spine ? D. If the C&P examiner stated that the pain, decreased rom and swelling have a significant impact on employment ( SSD for arthritis) is this normally sufficient to get IU if I don't get 100% secular C. While I didn't ask for an increase the DRO had all my SC conditions re-evaluated. I haven't had a PFT in 5 years, will this hold up my claim while I am waiting for this test. I could possibly recieve an increase from 30% to 50% for my asthma but I doubt it (at least I hope not based on PFT's). I have documented asthma attacks throughout the year and I am currently on 4 inhalers for my asthma to prevent attacks (has been successful to a point-decreased steriod use). While no one knows what the DRO will do does anyone know what should be done. I will say that the DRO I had was polite and told me exactly what was going to happen. Once the hearing was transcribed (25 days) he would request a comp exam (30days) when he recieved the info he would finish my claim and send out the results. I am hoping he will have my results to me within the next 30 days as he as done everything he said he would do within the timeframe he gave me. I would have to say that I have nothing but nice things to say regarding the DRO process or at least this DRO, up to this point. Yes, my opinion will change if he denies my claim. I hoping my adventure with the VA claims process will soon be over. Thanks for any help on my questions. Ruby

I just realiazed that the rated asked the opinion of the examiner on the PTSD and HS "if it was as least as likely or not" BUT on the ReA they asked "if it was more likely then not" Is this legal if not do you have anything in the rules or regs I can use. How would you word your statement----I can't really say what we would all like to say. I am finding more and more "procedural errors" in my denial.

I have a DRO hearing soon and I want to be able to answer all questions or ask appropriate questions, so if anyone can take a stab at this I would appreciate it. I think they are trying to say I had a previous injury that caused the arthritis. They don't seem to understand that reactive arthritis or spondyitis arthritis is not from an injury or repetitive use but its from a disease process. Any help is greatly appreciated. Ruby

This was used to deny part of my claim. Any takers?

VA has stated in a Rating Decision, "The evidence of record is sufficient to render a sound merits decision. Can anyone provide a VA definition of a sound merits decision ? I fully understand what having "merit" is and plausible and all of that but I have not seen this before, stated as sound merits DECISION and can not find it in BVA search or anywhere else. Thanks to all, ruby