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tom91
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Posts posted by tom91
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My letter should be forthcoming but was advised that even though my appeal decision may be available to phone rep, they can't inform me of decision as I have to receive letter first.
Since when did this come to be? they've informed me on previous outcomes!
Us vets wait months and years on end for answers simply due to backlogs...then they make us wait days on end for the mail when they could simply tell us and end the frustration/worry!
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I have gone through the same scenario as follows:
-Ptsd filed april 2009
-Denied november 2009
-38CFR changes effective july 2010
-Filed reconsideration sept 2010
- no action as of oct, filed NOD just prior to 1 year deadline
-c&p completed dec 2010 in lieu of reconsideration
- recon w/rating bd as od jan 2011
- april 2011 reconsideration closed/canceled
- may 2011 appeal rated
- just waiting on my letter!
So in other words, they cancelled my recon and completed it as an appeal. I'm on pins/needles on word of outcome.
Hang in there!
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Was informed yesterday that my appeal was complete/rated by dro and next steps were review and notification. Any idea how long that will take before I learn the outcome?
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I was medically discharged 20 years ago for back and knee injuries. Couple of years ago it was noted in my MRI that I have spondylosis in my back and just yesterday, dr noted I appear to have extensive arthritis in my knees (took blood work and waiting results). Question - should I file claim on these as secondary to my svc injuries? Also, I have a claim for increase on both that is awaiting the appeal process (been 3 yrs). If I file at this point, does that create issues/delays with appeal?
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My PTSD was changed from reconsideration to appeal and now sent to DRO vs traditional(per my response to appeal notice). If everything is in place, what timeframe should it take at this point?
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What is the typical turnaround with dro? All they would quote me was 1-3 years for an appeal but not specific to dro review.
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Background - filed ptsd claim april 2009, denied nov 2009. Submitted reconsideration oct 2010 (based on new ptsd guidelines) and nod nov 2010 prior to my one year.The claim went to review in january, back to development 2 weeks ago for 'internal error'. Today I was informed that it is now being handled as an appeal and now under review w/dro and it'll be 1-3 more years!The VA has elected to disregard my reconsideration. Can they di that? What do you recomend I do at this point?
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Anyone know the answer to this - my claim was kicked back to development from rating board, told that claim development completed as of today and will be returned to rating.where will they put my claim in line with others? Behind those sent to rating after me? Back to where it was prior to secondary development? Any clue?
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This is interesting!I have a designated amount taken out of my monthly disabilty for payment towards my medical bill w/va. Just saw my direct deposit and net amt wasn't taken out. If my claim were to be approved, my % would raise me to where I would have no copays and since it dates back 2 years, they would actually owe me a refund. Could this mean my claim is in the midst of approval? Called toll free last to inquire on status and what was lacking for it to go back to dev phase, was told that rating board found internal error on their part and sent back for correction. Could that be where it may have gone back to determine amount to adjust my bill and maybe my claim is inmidst of finalizing which is why the net amt wasn't taken?
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Both vso and toll free line stated all was in order. I called to clarify 'informational phase' and told that means its back in developmental stage.they said per notes it was not lacking anything from me
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Advised today that my claim moved from rating/decision phase back to informational phase. Told that is normally done for administrative purposes and that my claim will be placed back in order of claims it was when moved to info phase. Any ideas what this could mean as I've been told numerous times that everything was in order. I did check myself into va mental health for a week during the timeframe my claim was sitting in rating phase. Could it be that they recognized that and is adding it to my claim records?
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I've had the same scenario. Whereby, I filed claim for ptsd april 2009 and was denied nov 2009. We submitted a reconsideration oct 2010, with a NOD early nov 2010 prior to my 1 year. My C&P was done dec 2010 and claim has been w/ rating board since jan 13. By all means get that NOD in before your 1 year! I was originally advised that it was not necessary but persisted and later told otherwise. Aside from being anxious on decision, I am concerned about my retro date. Every time I call #800 they advise me that my claim is dated oct 2010 (reconsideration date) vs apr 2009 (original claim date).
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Placed a call this morning to check on status of my claim that's under reconsideration. Its been at rating board for almost 30 business days. Today they informed me that on my file it was noted 2/16 that it was ready for decision/rating board. Does this indicate they may be preparing to decide it soon?
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Probably a dumb question but does your claim go to authorization if it is denied by the rater?
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"my claimwas denied nov 09 with nod due by nov 10.Oct 10 we asked for reconsideration due to changes in ptsd guidelines. Va is stating it was reopened in oct 10. How can that be a reopen? Does that it won't go back to my original filing date of apr 10? "
It should but the new PTSD regs have put the kabash on many past PTSD denials.
As you know these new regs have been challenged in court yet the challenge did not consider that they could give re-open date as the EED under the new regs.
What the VA is saying here is that you could fall under the new PTSD rules but didn't fall under the past ones.
Why did they deny in Nov 2009?
I agree with Broncovet that you need decision on the "re opened" claim before you question any potential EED.
This situation-in my opinion- might well happen to many PTSD vets-denied under the older PTSD criteria but successful under the new criteria yet deemed as a reopened claim and therefore get a lousy EED.
Denial nov 09 due to lack of stressor.
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You will likely have to go "the long way around". That is, win your claim then appeal it for effective date. Sometimes I think the VA
"chops up" claims like this in order for VA employees to be able to be retained long term, becuase it appears likely that claims will be processed electronically in the future, but appeals are unlikely to be decided by computer any time soon.
I dont see being able to "fix" an erroneous potential effective date until AFTER benefits are awarded. However, you can try sending the VA a 21-4138 disputing the "reopening" of your claim before it is decided, but you may be putting your claim at risk that way.
If it were me, I would not take chances, but would do it "the long way" of waiting for a decision then appealing the effective date.
Thanks for the feedback! But you do agree that it should not be handled as a reopen with a new effective date?
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http://edocket.access.gpo.gov/cfr_2009/julqtr/38cfr3.160.htm
(e) Reopened claim. Any application for a benefit received after final disallowance of an earlier claim, or any application based on additional evidence or a request for a personal hearing submitted more than 90 days following notification to the appellant of the certification of an appeal and transfer of applicable records to the Board of Veterans Appeals which was not considered by the Board in its decision and was referred to the agency of original jurisdiction for consideration as provided in Sec. 20.1304(b)(1) of this chapter.(Authority: 38 U.S.C. 501)
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my claimwas denied nov 09 with nod due by nov 10.Oct 10 we asked for reconsideration due to changes in ptsd guidelines. Va is stating it was reopened in oct 10. How can that be a reopen? Does that it won't go back to my original filing date of apr 10?
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In checking on status of my claim, I've being informed that its in the final review phase and no further info/docs required. Does that mean its w/rater?
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Current claim at raters as of today. How long does it typically take from this point before a decision is made?
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Commander Bob - I did appeal the denial and have recv'd the notice of opting to have a DRO review but not mailed yet. Are you saying the reconsideration submitted already is in essence the same DRO review? Shouldn't I still send that in as well?
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The appeal is on original date of filing. Not sure of how the reconsideration voids that or if it is considered reopened, does that void original date..?
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Received summary of C&P today.....summary states YES to all the occupational and social impairments - work, family relations, judgement, thinking, mood, and reliability/productivity. Did not show yes for total occ/social (and I would not have anticipated it would). It showed I had a score of 45. Anyone familiar enough to know what rating this may warrant? It shows possibility 70% in review of DOC 38 but wondering if anyone else had this level of assessment and could provide feedback.
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There appears to be an error made in my records but would appreciate input on this.
I filed a claim for PTSD initially in April 2009. It was denied by VA effective November 2009 due to lack of stressors. Following discussions back in Oct/Nov leading up to my 1 year appeal period, my VFW rep at the TN Veterans Affairs Office recommended that we file a 'reconsideration'. That was done early in November 2010 prior to my 1 year appeal period. Once the appeal period was within days, we subsequently filed an appeal. I had a C&P exam last week and the file is at the board for review.
Here lies the discrepancy.....I inquired at the time of my exam and today via the 1-800 line the effective date of claim, I was informed it was November 15, 2010! The 1-800 folks informed me that it was a 'reopen' file vs. a reconsideration and that you cannot have both a reopen and appeal...? ; however, they went on to inform me that the appeal was on file.
I don't understand but it should go back to my initial filing date of April 2009. Any advice?
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I thought I read this somewhere but can't find it...aren't there specific days of the week that va disburses payments (outside of monthly va paymrnts)? Anyone recall what days that is?