MRRRR5

Welcome Doc and thanks for your service.

11cvolley,
the decision approval time could vary from 60 days to a year or more depending on many factors with the VA in my opinion and from my dealings with them.  I don't know if it would be any faster, but if it was faster, it would not be the "norm"; again, this is just my own humble opinion.

To sum it up in fewer words:

Basically its "we have pushed to get claims denied finished and have been putting more and more pressure and less and less qualified people to do so and because they are not qualified to do it we have to oversee them and since we are denying finishing so quickly the appeals backlog is growing exponentially and now we have less time to pay attentions to appeals since we are denying finishing so many claims much quicker.  We believe wholeheartedly that it is in the VA's Veterans interest to rob peter to pay paul and then put a shitload of debt on peter."

I haven't been here in a while.I just wanted to share my success story. In 2010 when I found this wonderful website I was rated at 10 percent and had almost given up.Using this site by reading tips, other peoples battles and using the CFR I successfully went from 10 percent to 100 percent .It took me a few years, first up to 70%, then 90% and finally up to 100%.... I am rated at 70 for PTSD with major Depressive Disorder, 10 for Degenerative Arthritis right wrist,50 for bilateral ples planus (flat feet), 10 for right knee, 10 for left knee, 10 for tinnitus, 30 for sleep apnea and 20 for Diabetes Melilitus ... I did this completely by myself using this site.. I do have the DAV as a representative but the only thing they have ever done for me is send me a letter telling me that I recieved a rating . I recieved it after I received the Official Notification Letter from the VA...I wholeheartedly endorse Hadit.com. in my honest opinion it is the best thing I have ever found.. So hang in there, read and research... Thank You , Hadit.com for a wonderful informative site....

Tbird, this is terrible news!
I remember when Carlie first came here many many years ago as a novice to the inner workings of the claims process...and then she became so valuable to all here with her incredible help and dedication to her fellow veterans,and her excellent posts and advice here will continue to help others.
The last claim she had was a hard one to win but she did win it and it gave many here hope.
I will ask my prayer group to pray for her today.And I urge that we all pray for Lucy too and the difficult road she has ahead with dealing with this.
Carlie was concerned that Lucy would be eligible for DIC if she died ,and we discussed that here earlier this year,when VA posted the new  same sex marriage DIC criteria.
But Lucy isnt thinking of that, she is dealing with a very difficult decision and that decision will bring Carlie Peace with Honor.
I never thought ,even though Carlie has been ill, I would read something this sad today at hadit.
It is very heartbreaking. She did so much for others and will never ever be forgotten.
May God bless them both.
 
 
 
 

ArmyVet
1. With sleep apnea, there are 3 issues.
The first is "Is it service connected"?
Then, there is the issue of percentage. If you are service connected for OSA AND your are on a CPAP, its 50 percent.
Finally, there is the issue of effective date. Right now, you are looking for the 2 above, then you can work on the effective date if you dont like the effective date the of the decision.
2. It sounds like you are appealing sleep apnea, and adding new claims. You can move forward on both at the same time.
3. Yes, the appeal is lengthy. If you elect a DRO review, this could happen in as soon as 1 year to 18 months. Mostly tho, my 2008 BVA Appeal was decided in August 2012 (4 years later), and I am still trying to get VA to implement the 2012 Board decision. Expect your appeal to take 5-10 years and you probably wont be disappointed. Yea, I know that is crazy, but it is what it is.
4. There are advantages to VA and advantages of private care. Personally, I would take private care, if available. However, I dont have a choice unless I pay out of pocket..I have to go to VA. Its somewhat rare where private care is better than VA care, but stranger things have happened.
5. You dont need to worry about reevaluations at this time. Let the VA worry about that. Generally, after you have been rated 5 years or more, your condition is considered "stabalized".
After the 5 year period, you can consider requesting "permanent and total"..which means your kids will be eligible for DEA Chapter 35 benefits, and there are many more benefits for a 100 percent permanent and total Vet.

I would have to disagree about the Veterans Service Officer, and here is why (tho I do think they can be a help if you are a "new" claimant unfamiliar with VA):

In your service officer (DAV, VFW, etc) charter, they agree to "cooperate with VA", And are paid by VA.
Whenever you use your opponents lawyer, and your opponent is paying him, who do you think he is "representing", VA or you? If you guessed VA, you probably understand you owe loyalty to the guy who signs your checks.
As long as you remember your service officer represents VA and not you, then feel free to have one. Dont be suprised, tho, if you find out they are representing VA's interests, and not yours.

Congrats on your award and thank you for your service to the nation; my assessment to your questions:
1. Yes, you should appeal the denied OSA decision now that you have been provided your CPAP.
2. No, the added claims would not affect the sleep apnea appeal as they would most likely be considered "new, initial claims"; however, the SA appeal decision make take longer; you could ask for a "reconsideration" on the SA denial as well which may get you a quicker decision back, however, just keep in mind the reconsideration does not toll your appeal clock.
3. Yes, it can take anywhere from 24 to 60 months or longer in some cases to get a decision.
4. The VA have many great providers treating Veterans and this would probably get varying opinions from Veterans so this would be an individual decision on what's best for you.
5. My understanding of the reevaluation in 5 years is those specific SC conditions will be checked again by a VA provider to see what the current level of severity is; i.e., has there been any improvement, have the conditions gotten worse, etc.

The above responses are my opinion only on the questions you ask; other more experienced Vets may also chime in to give you more advice.

P.S. I would recommend you get a Service Organization Representative to assist you if you don't already have one; if you do have one, get their recommendations on your next step as well.

I think I have been on a shit list since a vep rep told me they had 1151 written all over the outside of my C file.folder.,in 1995.

That is a good point Broncovet:
"However, it would be nearly impossible for va to "undo" any of her benefits, since her late husband is deceased and can not improve and be subject to a reduction."

And that is exactly the point I am fighting with them about currently.
With 13 pieces of evidence, from Voc Rehab, a former VA sec, some stuff from Senator Damato , STudent Loan waiver signed by VA doctor, etc etc all stating the veterans 100% stroke (under 1151 was Permanent and total)

the Director of my VA , in her last phone call ,still tries to get me to accept that his 1151 100% was a "temporary" rating.

Yet they paid 6 months of accrued, up to the date of a C & P exam I was present at, with a VA neuro (never mentioned as part of the above evidence,) who declared him 100% P & T due to the stroke within minutes at a C & P exam because she had read the MRI results., results that show he could never recover, and also the medical evidence shows, they never treated him in a way that would even lead to a recovery, thus the 1151 stroke award in 2012 (prime facie malpractice)

I DO understand how reluctant any vet is to fight back, because believe me, I went through that myself when I FTCAed them..

They also could have easily never properly resolved his 2 pending claims over 20 years agoand he could not speak for himself because he was dead.

But I was raising my daughter alone at that point and I sure didnt want her to view me as someone who would not stick up for my rights. At that time, 1995, I never dreamed she would join the Military 2 years later, and she became a highly decorated veteran herself
( who VA even tried to screw over her Chapter 35 entitlement date. The dopes forgot to add 7 years of her Mil service to the entitlement date, and she sent them copy of her DD 214 and filled out that section properly.


I am going to share part of my most recent email to Ms. Hickey with you: She replied immediately. advising me what to do.

"(this is not the HBP 1151 claim, this is the 100% CVA 1151 CUE claim and Ms. Mallia told me both claims had been sent to Jeff Henderson at VACO)
John Wagner verified every piece of legal evidence I sent was there and would be considered.
It all went, as I understand the emails, to Jeff Henderson at VACO....both claims.
On Feb23,2015 I signed and mailed to the Buffalo RO the 5103 form John Wagner had asked me to send.,listing again the legal evidence I had sent..for this specific CUE claim.
NONE of my legal evidence was considered at all by the RO in their March 6th, 2015 denial of that claim.

The ratings were wrong but still the 100% under 1151 remained unchanged and I am still eligible for an accrued award.
I dont think this VARO comprehends that when medical and legal evidence involves a veteran with a 1151 100% or SC 100% rating, the veteran's death makes that rating Permanent and Total
(unless the VA can somehow completely cure that 100% disability the day before they die.)

How do I get my.evidentiary rights honored per 38 CFR 4.6. as a claimant
and, more importantly,
how does any claimant at my RO, similarly situated ,
as I assume I have not been an isolated case."

That was part of it ,verbatim,and I did what she suggested I do.

But I certainly have my personal concerns as well.in a different way (I editing them out...not appropriate here)

And since the director of my RO thinks his 1151 stroke (contributing to his death per OGC, FTCA, 1151 award in 1998, death certificate, and autopsy, was NOT permanent and total, next thing they could come up with is that he isn't even dead and then try to mess with my DIC.

And then I will be on FOX news HAHA

I DO understand why veterans hesitate to fight back, but where would we be if many of them didnt and those Precendental CAVC decisions would not be available to protect us.

And people like Kurt Priessman,and James Cripps, up against all odds, fighting back for themselves, and then seeing how other AO veterans benefited from their success,with awards they still would not have without the work and research of these 2 vets..
Like Beverly Nehmer and the widow who inspired the Bonny CAVC decision probably did, , I had many moments of fear and despair too...long long ago.,dealing with the VA, before I ever saw a VA dime,
even having moments of doubt over my FTCA evidence, which was way beyond the realm of Equipoise.

But Fear is a crippler. I dont have it in my vocabulary any more.

I have 38 CFR . and evidence and That is all I need.

I agree its a bad idea to "drop" claims, unless you are certain that you dont think you are eligible for said benefits. If you are simply tired of dealing with VA, you can do what they do: simply wait!
If you dispute the decision, and it sounds like you do, you can/should do a simple NOD, its not a big deal and, if your claim goes to BVA it will be about 4 years anyway. (You will have one more form to do, an I 9, before it will make its way to BVA).

A friend of mine said, when faced with a decision, to "make the move that leaves the most options". Indeed, filing a simple notice of disagreement leaves you the most options. If you do win $50 million in the lottery next week, you can tell your attorney (you will need one if you win 50 million) to send the VA a notice you are withdrawing your claims. However, if things do go south for you, you may be very glad you filed your NOD 2 years or 4 years from now. You know..things like losing your job..or your home, or both.

Filing a nod is an hour of paperwork (maybe less) or so and would mean a lot to you and your family in a couple years if things do go south. It leaves you lots of options, while withdrawing your claim leaves you few options.

Even if not much changes in 2 years, then you would not be hurt by timely filing a NOD within a year of the decision. It need not even be done now, just remember to get it to VA in a year, and not mailed in a year. If VA gets your NOD one second late, they batch your claim with 51 other Vets who file late and then stamp "claim denied for late filing" on all 52 of them like a pack of cards.

Hello Allenwilliams42 and thank you for your service.

Since your retro is back to 2006 and some back to 2010, the calculations will have to be done for each year based on the authorized disability rate as well as effective dates.

Reference the clothing allowance, I would submit an appeal and let it go to BVA for a decision.

As far as submitting the NOD, you can submit them now if you have already received the written decision letter explaining the increase; however, if I was in your position, I would not submit my NOD just yet and let them my retro paid to me first, keeping in mind that you have 1 year from the decision to submit the NOD; so if they (VA) says the retro will take 4-6 months to process, that leaves you with about 6 months to submit the NOD. The reason I would do it this way is if the NOD is submitted before the retro is complete, it may just hold up the retro until the NOD is finally adjudicated (just my opinion), so if you feel as though you can wait another 12, 24, or even 36 months to get the retro, you should file it promptly.

Again, the above is just my opinions based on the information you provided and what I would do in a similar situation.

http://www.va.gov/opa/pressrel/pressrelease.cfm?id=263

In part:

" WASHINGTON, D.C. – In a first-of-its-kind partnership, the Department of Veterans Affairs (VA) today announced that it will join forces with retailer Walgreens to provide greater access to Centers for Disease Control and Prevention-recommended vaccinations to Veterans across the country. This partnership grew out of a successful pilot program that began in Florida to provide flu vaccines to Veterans throughout the state. Based on those results, VA is expanding the pilot nationwide.

Through its nearly 8,200 locations nationwide, Walgreens will offer flu and other recommended vaccinations to Veterans. Pharmacists can administer vaccinations to Veterans and will leverage eHealth Exchange, through its Walgreens Cloud Electronic Health Records platform, to securely share immunization records with VA to help ensure complete patient medical records.

Vaccinations are available daily during all pharmacy hours with no appointment necessary and are subject to availability."

I always get my shots there and my closest Walgreens lets us make appointments on line, if we dont want to take chance as a walk in ,to have to wait too much..

For the past 2 years they advised getting the flu shot in October.

Tbird,

just made a donation and really appreciate you for starting this site.

Congrats on your award and thanks for your service.

Armyvet2010,

Thank you for your service.

Just my opinion and BLUF is tell the truth, explain what happen during service and how it has impacted/affected your life function since and the emotional challenges from the events of service on your daily living.

From reading this post and the responses, I can truly say I am very relieved to know I'm not alone in the issues I deal with on a daily basis; several of you hit the nail on the head when you stated that you don't want to deal with anyone other than immediate family, etc., as many outsiders don't understand what the constant pain does to you.

I really appreciate you all for your service and for sharing your stories; may God continue to bless you all and your families.

From reading this post and the responses, I can truly say I am very relieved to know I'm not alone in the issues I deal with on a daily basis; several of you hit the nail on the head when you stated that you don't want to deal with anyone other than immediate family, etc., as many outsiders don't understand what the constant pain does to you.

I really appreciate you all for your service and for sharing your stories; may God continue to bless you all and your families.

That is great! I will write that move down in my list of "Things to do when VA tries to screw you"!

Seems like they cheat everywhere they can. First, wrongly deny as many times as possible. Second, ignore or lose your evidence. Thirdly, if they finally have to approve, then they try to give you a wrong effective date, hoping the vets won't notice.

Congrats on your well deserved win! & great job getting that correct effective date!

Hello Hadit family.

just a quick update; received the big brown envelope (BBE) last friday that was a SOC to my NOD; however, within the SOC there was a concurrent DRO review (on page 3 that I almost missed!)

Behavioral health (BH) appeal on DRO review went from 10 to 50 with an effective date for last month, which should have been Sep 2008.

Anyway, sent the Form 9 back contending the E-date should be Sep 2008 and explained why, using 38 CFR 4.2 language on BH examines with different examiners, and how the first BH examine was incorrect as the examiner left out much data that was discussed with him; the second exam (done by QTC by the way) was very accurate and captured my challenges that should have been listed in the first exam report.

Just check the acct today and they must have accepted my argument as more than high 5 figures have been deposited.

I'm tired and feel really depressed if that make any sense right about now because of what I had to go through.

Thanks to all the members here for their help as I have come here to this site for much of my information as well as gathering information that I use to assist others.

A good source for obtaining "buddy statements" and unit assignments may be at TogetherWeServed.com
This site has a "find" feature that allows members to type in a unit, etc. and then lists members of that unit who served with you during that time!

It might be worth a look to see if it might refresh your memory. It sure has helped me.
LC

Hello Hadit family.

just a quick update; received the big brown envelope (BBE) last friday that was a SOC to my NOD; however, within the SOC there was a concurrent DRO review (on page 3 that I almost missed!)

Behavioral health (BH) appeal on DRO review went from 10 to 50 with an effective date for last month, which should have been Sep 2008.

Anyway, sent the Form 9 back contending the E-date should be Sep 2008 and explained why, using 38 CFR 4.2 language on BH examines with different examiners, and how the first BH examine was incorrect as the examiner left out much data that was discussed with him; the second exam (done by QTC by the way) was very accurate and captured my challenges that should have been listed in the first exam report.

Just check the acct today and they must have accepted my argument as more than high 5 figures have been deposited.

I'm tired and feel really depressed if that make any sense right about now because of what I had to go through.

Thanks to all the members here for their help as I have come here to this site for much of my information as well as gathering information that I use to assist others.