Meddac

Better that he start by filing an increase in his S/C knee condition, and a secondary claim for the clot. VA would likely rate the blood clot condition with the knee, but it is possible that the overall percentage would increase. Special Monthly Compensation depends on a number of factors. It could be based solely on rating percentages of separate conditions and the overall percentage. Have a doctor perform an exam, fill out a VA Form 21-2680, and submit it. The information from that form will assess whether or not the Veteran can qualify for A&A or Housebound benefits. The completed form is sufficient detail for the VA decision makers to determine the extent that a disease or injury produces physical or mental impairment. It also addresses how the loss of coordination or enfeeblement affects the ability to dress and undress, to feed him/herself; to attend to the wants of nature, or keep him/herself ordinarily clean and presentable. Good luck.

You can remain in the Guard if you choose to do so, and you don't seek to void the enlistment. The VA will recoup any Drill Pay you receive as they will get a report of the number of days you spent on Drill. When they get this report they will initiate the process to recoup from you the money that you received from Drill because you are not entitled to both payments.

Appears that eBenefits has been doing this quite often lately from what I've heard. The 1-800 number may tell you that the RO has coded stuff incorrectly, but when I have checked into this it turns out that everything is fine. You are correct that eBenefits is not the way to go for updates. Reliable updates anyway. It may change soon like silverdollar22 says though. All I can say is that if your claims did close a few days ago then you should receive a letter from VA pretty soon.

Is the 10% condition packed in with several other conditions? example: Was the Veteran already 30% overall in 12/2006, 40% overall in 5/2007, and 60% in 10/2007 when this new 10% condition was connected? The way that a 10% condition plays into an overall rating evaluation varies with what the overall evaluation is at that time. The disability calculator doesn't use simple addition math, and 10% won't impact the monetary part of an overall the same way every year. There are times when 10% conditions are literally invisible in the overall evaluation numbers. Heck, there are many people who are rated over 100% by simple math, but their VA rating is 90% overall.

My website (vethelpcast.com) was hacked and the podcast show I have been doing was severely compromised over the weekend. It has all finally been shut down after working with the hosting companies this morning. I apologize to anyone that had been following along. I am looking to revamp things and move forward, but I will continue on this forum until things are ready (when the wife let's me spend the money ). I knew going in that there were risks of this happening, and I'm surprised it went as long as it did. Such is life I guess. Just wanted to let everyone that listens know.

I keep seeing this over and over in the forums here. Must be a misconception here about the number of signatures involved with award amounts. The only time that additional signatures are required on an award is when it involves a retro of over $25,000. It then only requires the signature of the signature of Veterans Service Center Manager (VSCM), Pension Management Center Manager (PMCM), or a person designated by the VSCM or PMCM (Coach or Assistant Coach in most cases). I made the last part of that bold because that is most often (99% of the time) where that third signature (VA calls it a "Concur") comes from. M21 III.v.2.A.2.c. is the reference regarding Award Processing Responsibilities. There is no signature involved beyond the third signature for awards over $25k. I have Concurred awards of over $250,000 before, and have seen awards Concurred for over $500,000.

Sounds like (and I'm assuming) this was a BVA decision? That could be why it would have to go back to the RO. You called VA? The 800 number? They would have no idea of any retro (much less anything else that people call them about). If it is a BVA decision did they state a firm date for a grant of benefits in the order (which doesn't happen too often)? If the BVA did not state a date for the grant, and only stated that the benefit is granted, then Houston will decide the date(s) when they process the BVA decision. Your post is a little vague on what exactly the order was.

You are absolutely correct. If a substantially complete claim was filed within the 365 day period from the ITF (and it appears that it was) then that becomes the earliest possible date of payment. That is the only claim you filed I assume. You didn't file a separate claim with the ITF, right? If you did then VA is correct.

You can search BVA if you know who you're looking for I guess. It's loaded down with General Attorneys.

gs is correct and it would be considered pyramiding, but the new overall evaluation is detrimental to the Veteran so I would think that VA could have done something that would at least leave the overall unchanged rather than forcing a reduction. That's just my opinion.

NSC is confusing. It is first (and most often) a tracking for disabilities that have been previously denied so VA can easily see whether or not you are attempting to reopen a claim. If you are under 65 you need a condition rated NSC for Pension to justify P&T status A rating determination is required if the Veteran is not age 65 or older, or presumed to be totally and permanently disabled because he/she is a patient in a nursing home or VA approved medical foster home, or disabled as determined by Social Security. In order to establish entitlement to Veterans Pension, the following elements must be shown: service disability (which is rated NSC) or age of 65 years old, and income and net worth You don't need a condition rated as NSC (or a rater for that matter) if you are over 65 years: A rating determination of permanent and total disability is not required to establish eligibility for Veterans Pension when a Veteran is age 65 or older, or presumed to be permanently and totally disabled for Pension purposes because he/she is a patient in a nursing home for long-term care because of disability, or disabled, as determined by the Commissioner of Social Security (SS). I can work a Pension case from start to finish in about 30 minutes easily if the Veteran is over 65 years old. If they are under 65 then I would have to enlist a rater to rate a condition or multiple conditions as NSC for purposes of Pension. The rating code sheet clarifies whether a condition is NSC for Pension purposes or not. Outside of that it is purely administrative for the VSR to complete. The rating is basically "red tape" for a Pension case. Hope this helps some.

It's currently a proposal, right? You can't NOD a proposed rating because it isn't final. You should immediately request a hearing (within 30 days of the proposal notice) to discuss the issue. Requesting a hearing will freeze the evaluation right where it is for the time being. If, however, VA goes ahead and reduces the overall percentage from 70% to 60% it will cause a debt for payment made following 60 days after the proposed rating date (which would be 10% of each payment in this case). example: Proposed rating on May 1, 2016. VA generates a suspense of 65 days (5 days provides time for mail processing). Reduction would occur in July, but would actually be reflected on the August 1 payment. If you request a hearing that is scheduled in early August then everything is frozen until the hearing happens. If that hearing doesn't prompt VA to reverse and they rate the same then it would be effective in July still (60-65 days following the proposed date) which would result in an overpayment for the August 1st check that was already received by the time of the hearing. If the hearing is scheduled in late August then it could result in an overpayment of 2 months at the 10% rate because the September payment might have already processed as well. If you request a hearing outside of 30 days of the proposal then VA will still reduce. If the hearing is successful then it would be restored over the months that the reduction was effective. Requesting a hearing to freeze things and presenting the evidence could help out. It could also backfire if the rater is not interested in hearing what you are saying. It's confusing, but it sounds as if a hearing is what you need to do.

I'm no longer employed by VA, and the given information isn't completely accurate, but it does give you names of people employed by VBA. As far as privacy goes, I have no problem with people knowing who I am. Name is Charles (go by Chuck or various other names ). I'm out there and there is no amount of privacy protection that will ever completely disguise you (China has all of it anyway). Wanna find out more? The internet will give you plenty because nothing is really private anymore. The multitude of information that people at VA can see and have access to is almost limitless. Veterans, dependents, and even people who aren't a part of the system. Took all of 5 minutes in 2009 to find my real mother (who I hadn't seen in 30+ years), and find out that she passed in 2008. The systems are ridiculously simple, and are misused quite often. Heck, I could find out almost any information on almost anyone when I was there. Back to the topic: Calling the 800 number will get a note/email sent to the employee asking for a callback. Whether or not they will is completely up to that employee. Private attorneys have access to a direct number for the Private Attorney Coordinator(s) at the RO. They generally do not use a general contact number for the Regional Office. When I was in the Appeals section I dealt with attorneys (1 of 4 in the RO who did so), and my phone rang almost all day long sometimes with direct calls from them.

It's only May 3rd. It's possible that a Notification letter has not reached you yet. Watching eBenefits will only make things worse. It's like watching grass grow on a windy day (always changing positions). You can send an IRIS inquiry to ask why the case was closed.

You are correct, Navy. Applying for an Increase automatically triggers VA to order an exam which "could" lead to a process that includes a reduction in the percentage assigned. Shouldn't be that way, but I can solemnly swear that I have witnessed reductions based on one exam alone rather than two separate exams. It's a slippery slope with VA. Depends a lot on the rater that decides your case.

Buck, it does take three signatures to do a "Concur" on an award over $25,000, but those same three signatures can be used on a 6 figure award as well. I have signed off on at least 8-10 awards in my time with VA management that were between $100,000 and 550,000. Actually, I think the largest award I "Concurred" was for $552,000.

I agree to a point Bronco. That point being that whoever is doing the leg work for "Bob" should be the Secretary of the VA.

It is not only possible, it's likely that the second retro will deposit separately.

Well, I suppose this is good to know going forward. The OIG can't even do their job right. How are Veterans to ever get what they need or deserve? http://abcnews.go.com/US/wireStory/federal-investigators-fault-va-review-texas-wait-times-38767301

The ez form does save time for VA, but the boxes are too dang small. Send whatever forms/paper you like with the ez form. I think that the ez forms are in part an attempt to correct errors at the employee level. Doesn't seem to be working though. I think electronic letters are coming at some point. I think that will be part of the VBMS system in years to come unless they scrap the whole thing to start over again like they always seem to do.

The Waco RO was directed to farm out work, Buck. It was because we didn't meet monthly processing goals set by Central Office. They didn't want to, and they look for some of the most confusing work to send when they do this. Your claims gets digitized by Janesville. It's then funneled electronically to the RO of Jurisdiction as "new mail". The Claims Assistants "review the electronic mail" (loosely used term), and assign it to the team working that claim or establish it as a new claim (if one is not pending). USPS at the RO is set-up to automatically forward mail from the RO to Janesville. The mailroom at the RO is like a ghost town nowadays, but my understanding is that they receive, review, date stamp, and forward. You can send it to the RO, but it will go to Janesville anyway. Just how VA is doing it now. Extra steps... BTW, Waco enters the National Work Queue tonight. Gonna be interesting.

You've listed a number of options for dealing with unreasonable delays at VA. 1. Being respectful and not attacking is a good one because so many different hands (or eyes) touch a claim nowadays (and it's not usually the IRIS people). In our conference calls with Allison Hickey you would have been amazed at the defunct crap that she said constantly. She once suggested that we take individuals from the RO and go sit in each department of the VA hospitals to make sure that the waiting rooms were full and that people were being seen. That idea would have taken resources away from the Regional Office (although now some ROs are overstaffed and could do that with ease). She also suggested that VA orthopedic exams should be completed by video. When asked how the doctor could get accurate results especially on ROM she got angry. She never came up with any ideas on her own. They were always suggestions from people outside her office. 2. A 4138 asking for a status will likely not get answered. It gets scanned into an electronic file, and there could be 30 people who see it and say "someone else probably answered". 3. VSO is a good choice if your VSO knows what they are talking about. I am currently assisting a Veteran who's VSO said they are unaware of any way to get a local hearing requested when your case has just gone to BVA without notification, and you actually wanted a DRO hearing. 4. You can call the RO if you have a good number for someone. Most of the employees simply don't answer the phones if they don't recognize the number. And yes, the 800 number is mostly operated by people who read from scripts and have little idea of what you are talking about. 5. eBenefits is what I'd refer to as the Tinker Toys that keep Veterans busy while "Mommy and Daddy" talk. It's hardly ever accurate, and only really serves to raise anxiety levels. 6. You can email Bob's office. You MIGHT get a spark from that. Don't hold your breath though. I have dealt with Bob, and my opinion of him is very low where Veterans are concerned. You can also try the Acting Undersecretary, Danny Pummill, but good luck there too. He seems to be embroiled in the scams going on in the upper management involving "moving expenses" for Kim Graves and Diana Rubens. The Deputy Secretary, Sloan Gibson, will also do no good. 7. Congressional Inquiries... I hold no dog in the political fight, but I can tell you first hand that this is truly futile. They still want your vote though after you get a canned reply from their office that says "VA is diligently working on all claims in the order of receipt" or "VA is attempting to gather all needed evidence to make an accurate decision on your claim". BS....all of it. 8. Berta may be your best suggestion of all. 9. The RO Director is, in all of my experience, a political hat. We had one that might have actually looked into your case but he has long since retired into private life. The current Director here is honestly a waste of space with all of his talk and absolutely no action. 10. Going to the RO in person is a shot in the dark. Some live too far from their RO for one, and you never know exactly who your going to deal with when you do go. 11. A Writ of Mandamus... If you have an Appeal pending and a private attorney then the threat of one of these will some action. May not be what you want, and it may not end up to your satisfaction though. 12. Is there actually something "not" listed? When I was in a tight position with a claim that I could not get moved personally (from another team) I would simply give out an email and phone number to someone located at Central Office. They weren't a high ranking person, but they would get tired after about 2 or 3 calls, and an email would come down from CO to move a certain claim along as swiftly as possible. I also made certain not to give that number out if the end result at that point would be detrimental to the Veteran. I still have access to plenty of numbers and emails as well as indirect access to the VBMS system that VA uses. I believe I can still have requests made through DPRIS (Defense Personnel Records Information System) which is what VA uses to obtain personnel files for Veterans who were released after certain years. The short answer is that if you are having an unreasonable delay with your claim at VA then there are very few things that can be done short of being listed as Terminal, having ALS, Winning the Medal of Honor, or being a Former POW. I can't even guarantee that those things will move your claim along anymore. I know for sure that being Homeless is losing effectiveness. As I said in one of my shows, there is no "Magic Bullet". If your RO is the Waco or Boise office then I have direct ties that I can try in order to help out. I can help with the other offices too, but in a little more limited capacity. The VA is not in the business of helping Veterans anymore. They are in the numbers business. It's a song and dance game now , and one of the reasons I got out when I did. I now I have notes on legal pads all over my little home office (third bedroom) that I use to constantly help Veterans. For now I am batting a .600, but there could be a slump at any time.

Bronco, I'm not avoiding you. I just don't want to answer from my phone. I will be in shortly.

The ROs handle AO exposure so differently which adds to the broken system. Even within the RO it's handled differently. About 6 years ago I became one of 4 people on station that reviewed AO exposure cases. As a JSRRC (Joint Services Records Research Center) rep at the RO, I would concede exposure if a vessel's Deck Log indicated that anyone went ashore. I wouldn't have evidence of who went so it was a benefit of the doubt thing. Regulatory law prevents that position from conceding anything outside of what VA conceded. Benefit of the doubt was a workaround that I used, and had evidence to support it. Veterans serving in Korea when and after AO was used, Blue Water Veterans and Veterans in Thailand should also be granted presumption to AO. That scares the hell out of VA because that would be a massive backlog. BTW, now the RO has over 20 JSRRC reps (that no longer get trained correctly) so it's a sea of opinions by a lot of people that that never served. The lead rep never even served.

Sore spot...sorry, just being honest.