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The following article appeared in the NY Times yesterday. I can provide a pdf if anyone wants it... http://www.nytimes.com/2009/07/13/us/13backlog.html?_r=1 The numbers the reporter (James Dao) cites are lower than other numbers I've seen and that have been reported here and by the AP. I wrote Dao and asked where his figures come from. He says the backlog is over 400,000 (AP says almost a million). Dao says the average claim takes 162 days which is also low, I believe. My claim was filed 10/10/08 and I'm still waiting (been at rating board for over 60 days). Of course mine is only one case, but still... I suggested in my letter that he not report conservative estimates, that the vets need all the help we can get. I also thanked him for his coverage. In a related letter, I had written to Sen. Akaka (Chairman of the Sentate Veterans Affairs Committee) asking him what he, personally, was doing for the veterans. I got back a note referring my letter to my local Senator. Check out the membership of the Veterans Affairs Committees of the House and Senate and you'll begin to see the problem. In the Senate the only 'heavy hitter' is Jim Webb from Virginia. Burris, who is barely even in the Senate, was made a member reflecting Veterans on the Democratic leadership priority list. Write your congressman and senator and tell them that the delays of claims processing are unconscionable. The IRS processes complex Tax returns in days.

I live in the Oakland VRO area and my claim is there but was farmed out to Phoenix VRO for some of the processing. It is being rated and I think that is happening at Oakland. It was sent for rating May 15th, so who knows how long this will take.

I thought the exam was quite fair and that the examiner did a good job writing it up. If anything the person was careful to word it in a way that should give me a good rating, but I have read enough here to realize I must wait and see.

Sounds good to me. Thanks

I received three C & P exams as a result of my claims. My claims were: PTSD, Agent Orange/Diabetes II, and Bi-lateral hearing loss. I have gotten ahold of a copy of my PTSD C & P exam results, but have not seen the other two. Is there some way I can get copies without getting my C file pulled out of the rating queue. The claims went to be rated on May 15th. It has been 45 days today. Any idea how much longer this might take. Also I'm wondering what other's have experienced with the AO/Diabetes claim in terms of percentage disability. I do not take insulin (I take oral meds/glipizide) and control my glucose carefully (my hg 1AC levels stays below 6.5%).

I don't doubt that Hoskins is good. The lawyer I used was also excellent, so the good news is there are good guys out there. I am in CA so used a CA atty., Ron Dean, but I'm sure both could recommend other good attorneys that might be nearer to home for some. You raise an excellent point. The ERISA paperwork process is very demanding and would provide a good starting point for VA or SS claim. I am on SS disability now and the medical records I accumulated were used for both application.

I watched the video and it seems reasonable. I tried to avoid endorsing specific lawyers. Many are available, but it is important that the lawyer you choose be specifically schooled in the ERISA case law as Mr. Hoskins seems to be. The whole area is very legalistic and complicated. The insurance companies like that because it discourages claimants from going after them. They have dozens of lawyers who do nothing but write contracts that virtually no one can understand. Then the hide behind them.

My initial denial wasn't even a PA, but rather an RN. Even if you get them to acknowledge the disability they do not use the same criteria SS or the VA use and they make you re-establish your disability every year or so. The cost of the labs, doctors visits, paperwork, reports, etc., all fall to the claimant and then they are very apt to deny you again. So you have to go through the appeal process. Usually after some period 30 days or 60 days, they cut off payments (pending appeal) It is a racket like you wouldn't believe voted for year after year by your congressmen and women (Republican and Democrats alike). It is shameful, their disregard for the citizens, but I guess that's the way Washington runs. Check out your Senators and congressmens voting record on ERISA enabling legislation...it comes up every couple of years for renactment. Most people have no idea what a screw job it is until they file a claim.

It's no joke if you file a claim. You have re-establish your disability almost every year and you have to pay for it. You can sue them but need a lawyer who is on to their tricks and familiar with the (complicated) case law. There are good ones out there. My lawyer (CA) was excellent.

I saw a mention of private insurance and ERISA in another post and thought I'd comment. ERISA (The Employment Retirement Security Act) was originally written to protect employees retirement funds from abuse by employers and union management. It became law in 1974. Since that time it has been subverted by insurance companies to cover employee health, life and disability insurance plans under the guise of 'defined benefits plan coverage'. It is a nasty business for consumers or claimants (Plaintiffs). Since it is a federal law, plans covered under ERISA are not subject to state insurance regulation. Most regulation of insurance is at the state level and ERISA plans are exempt. They operate at the federal level where there is (essentially) no regulation of insurance companies other than that written into the law itself (minimal protection for claimants). Suits brought against insurers at the state level are specifically pre-empted by ERISA and years can spent arranging a suit, getting discovery done and getting a court date only to have it all thrown out because of this pre-emption. Naturally, insurance companies love it. As a general rule something the insurance company likes is not good for the insured. Their primary goal is to avoid paying claims at all and, if they are forced to pay them, to delay the payment as long as possible. If you have a dispute with an insurance company the first thing you need to find out is whether the plan is an ERISA plan or not. If it is, you need legal representation that specializes in ERISA based issues. A regular insurance lawyer (who handles auto or workmen's comp. cases, for example) won't give you good representation. I have been down this path and it is a rocky road indeed. Getting proper (ERISA knowledgeable) legal help right away is a must. You must begin building what is called an "adminsitrative records". Watch out for Google searches on ERISA. Much of what is written is published by attorneys who represent employers in ERISA matters and it is biased. A couple of sites are: http://www.californiainsurancelawyerblog.com/ (NOTE - I have no relationship with any of the sites I am listing) I am listing these not to endorse them, but because they have a lot of links. If you doubt the good faith of the insurance industry, you should. See: http://www.washingtonpost.com/wp-dyn/conte...2401636_pf.html (I have a .pdf of this article if the link is taken down). This site has good info and links: http://www.bostonerisalaw.com/archives/cat...-to-settle.html Good information here (note importance of 'administrative record'): http://law.freeadvice.com/insurance_law/di...erisa-claim.htm A private lawyer sites, but with good general description: http://www.bryant-cantorna.com/erisa.html http://www.kantorlaw.net/Areas_of_Practice/ERISA_Claims.aspx Like the VA Disability process and the Social Security Disability process, the best weapon you have to arm yourself with is information. ERISA is complicated and beyond the lay person's ability to figure it out. There is voluminous case law. Get help, but make sure the help you get is knowledgeable. A lot of lawyers don't take ERISA cases because attorney fees are not (as a general rule) awarded in addition to the claim. In fact, the there are also no punitive damages (no penalty for abusing and lying to claimants). Thus, the most a claimant can get is what he or she would have gotten had the insurer paid the claim in the first place. So out of the box, the claimant is at best going to get 60 cents on a dollar and in most cases, they end up with half of that. I told you the insurance companies love it. If you are covered under an ERISA plan watch out! It is so bad that the little pamphlet you get describing your coverage doesn't even have to accurate. Your actual coverage is covered by a long plan that the insurance company will go to any length to keep you from seeing.

I have had two lifetimes of experience with ERISA. It is the biggest rip-off in the country. The insurance lawyer you quote is not lying.

There is no SMR evidence of hearing loss. I did not have an MOS (USN) but was basically administrtive serving at forward combat base. DMII is diet controlled - no insulin (I watch it carefully) so not a lot of related problems (yet). I am claiming AO presumptive. There is no family history of DM. Since this is presumptive is should be fairly straightfoward, no? The C & P assess extent of disability (which is not that much so far) and I'm thinking perhaps 20% for that. I had a local rep helping but that person left and I have done most of this myself by reading, using this board, asking a lot of annoying questions (and not feeling guilty about it), etc. The replacement rep has not been helpful. I haven't said anything but just basically ignore him which seems to be fine with him...he's got plenty to do. Again thanks for your help.

Thanks for your reply. No booze for almost 15 years. It Can Be Done!! The stressors are ok as is the nexus. The report back by DOD indicated that my unit was in combat on many occasions and I have my statement and that of other eyewitnesses (buddy statements)about specific events. Also the C & P examiner gives a clear diagnosis of PTSD (says specifically that I meet the DSMIV criteria). "(my name)... does meet the DSM-IV criteria for combat-related posttraumatic stress disorder. The veteran's stressors and symptoms are described in detail above" Also I have letter from another psychiatrist indicating that alcoholism was due to PTSD. I had been told that if the VA had not accepted my stressors, I would not have been scheduled for C & P. Is that typically the case? My claim went before the rating board over 30 days ago. How long does getting a rating usually take (also have Agent Orange/Diabetes II and bi-lateral hearing loss accompany PTSD claim). I'm thinking I should hear something pretty soon. Thanks again for your help (and from before as well) this board has been a Godsend. Left to one's own the VA claim process is like walking in a room with no light wearing blindfold. It's not so much that there is no information as it is that there's a lot of differing information and one doesn't know what to believe. Thx

My C & P examiner said: " his posttraumatic stress disorder with secondary depression, arrxiety, and alcohol dependence is considered sufficienl grounds for his unemployability." I also have received Social Security Disability for the past several years (been reviewed by them twice with no change). Is this language and situation sufficient to get to an unemployability status? (no longer drinking btw)

Quick and easy to do. Thanks for making it available. Let's hope it has some effect.

Thanks to all who answered. It was helpful.

Your experience is kind of what I'm expecting, but I've had other folks tell me that a GAF of 45 could come in at 70%. Who knows. Thanks for the info.

I had thought of that and I think I'll follow up on your good advice. Thx.

You raise a good point. I have received much more useful information and guidance from this site than from the VSO. It's just that when I initially got involved in this everything I read said, "Don't try to do this alone, get a VSO to help". But this guy is useless (or worse) so what you say makes sense.

I too am a vietnam vet. I understand that there are a lot of reasons why claims are taking a while to process, and I'm not complaining. I just would like to know more about how the process works and how long (on average) it takes for each step. From these pages i see that a given claim can take from a few months to several years. It would be nice to have some idea of when it might get resolved. With such a high degree of varaibility, "crapshoot" is not a bed descriptor. Thanks for the tip on vawatchdog.org. Didn't know about that site and will defnitely check it out. I haven't 'dumped' the county VSO (who would replace him?) but I don't rely on him for anything other than annoyance. No point in being too vocal about criticizing him, I don't think I need any enemies... I already receive Social Security Disability. In fact, that is my total income. I received SS approval on first application; there is no doubt that I have what I have and it is directly related to my claim (according to a psychiatrist's report). I had the mistaken idea that there I could not get a VA rating if I was on SS. There is a lot of bad information out there. I think my claim is ok. I just wonder when I will get some determination by the rating board. Thanks for your suggestions,

I am a newbie to the VA system and have claims being processed. So far it's been about 8 months since I originally filed. I have had my C & P exams (saw the psych PTSD report - GAF 45, she said I am unable to work due to PTSD and fit the DSMIV guidelines - I should get rated, but no one seems to know what the ballpark percentage is. I've ad estimates from 30% to 80% or TDIU). I have also a hearing claim and an Agent Orange/Diabetes claim. All exams are done and, according to IRIS, my claim went before the rating board on 5/15. If It weren't for hadit.com I would know nothing. My VSO (county) basically says, 'wait your turn', 'I don't know' and 'you are too nervous, leave me alone'. He has done nothing for me. Is there anywhere a step by step guideline (flowchart) of the processing of claims? The self-help guide was great, but not complete. And (the big question) are there approximate times associated with the processing at each step? Someone must know this. It is child'splay to put travelers on a sample of claims and calculate the average time each step takes. What has struck me throughout is the almost complete lack of information about the process itself. The standard answer to virtually every question I've asked the VA or VSO or VRO is "I don't know." I don't think it has to be that way. Keeping track of paperwork is not rocket science. Is anyone aware of efforts in this regard or reports about this sort of thing? Thanks.

Is there any list of which other states have exemptions? Sounds like a good deal.

I recently used it to check status of a claim and received an answer in two days. Not bad at all.

Also welcomed the $250 into my checking account (via direct deposit) today. Mine is based on SSD; my VA claims are pending.

At a minimum, a psychiatrist is usually the person who prescribes medicines related to mental health issues (depression, bi-polar, etc), so your 'primary' is probably not that comfortable giving you more than a 'few pills' without your having been seen by a psychiatrist. In fact that may be VA policy. As for whether or not either medication or psychotherapy is needed or would be helpful, is not a simple question and not the kind of thing that can be addressed without some guidance from experts. Depression can be mild or can be quite serious and it usually changes over time, so doing some reading about it and talking with some professionals (more than one preferably) makes sense. I suggest you include a look at mindfulness based cognitive therapy which is fairly new and offers methods to deal with depression that are based neither on anti-depression drugs (which are not benign) or psychotherapy. Also it has been found in study after study that physical exercise lessens depression. Good luck