VetsLady

Chuck.... Thank you for the further explanation. What happens - happens. We go with the requests....its urks me to (and I'm certainly entitled to be urked - LOL) that with ALL of the medical evidence in the C-file and it all being current, this exam "appears" to be a delay in rating....nothing more, nothing less. Realizing he has to do what they say, show up for the exam, etc. he will do just that. I don't have the two letters at the end of my name but, what I do know is what his VA doc and his private doc say....."never going to get better, will stay the same if lucky but more likely than not, condition will get worse. His symptoms and medical evidence support a 100% scheduler rating on their own merit. Will keep everyone posted how this pans out....

Thank you everyone for the replies. It's a roller coaster ride for sure and not much fun . As for TDIU, that's a possibility - he applied a few years ago as he did meet the 70% however.....SSD gave him disability for a different condition even though all of his VA claimed conditions were listed....they only need 1 so they only choose 1. Any of the conditions he filed SSD for would have given him SSD disability and he was approved the 1st time he filed. VA denied the TDIU and life insurance because the remaining illness (the one that was just sc on appeal) was nsc at that time. BTW, this is not a remanded decision. It's a grant by BVA for sc. Sent to the RO for a rating. It was remanded after the initial decision in early '09 for further development to the AMC and AMC sent it back to BVA for a decision.....I sent in complete updated medrecs, Nexus', etc. and they had all they needed, and still let the BVA make the decision.

Pete......you say "If they low ball" - I'm curious why you say that......? Thanks....and Thanks for everyone for the support....it's much needed right now. Emotionally, I'm a wreck.

P.S. Veteran was awarded sc but receiving none it them.......ie: life, ins., etc. Undoubtably he will land in the 100% catagory......think they are delaying this since he could be potentially a large chunk of change...?????? He's been sick for years.

He filed the original claim 2/03. Included DM2 as it relates to exposure to AO. Fianlly rec'd sc in 4/08 by proving boots on ground. They didn't not include in the rating the hypertension and with the other condition at the BVA, we decided best to leave it for the time being. Hearing in 11/08 with BVA, remanded to AMC...who really did nothing except deny again based upon the evidence in the file - mind you, we had sent in the evidence to the RO prior to the hearing, it was never forwarded. Yes, we have written proof with Cert.Mail and all. Fast forward.....VLJ reviews the case finally, sc him without a doubt, sends it the RO to complete the rating. They order an exam. We have not yet received snail mail official notification of the exam (Yes, we have the BLJ's decision granted sc) The medrecs in my husbands file are up to date minus 3 visits. The guy is sick. He's had every test imaginable....he fits the 100% schedule for rating of his condition. He's not ever going to get better and will more likely than not be on a transplant list in the near future. I ask, what more could they possibly need to complete a rating....????? Other than his file being too full (when I sent the updates in, they were all catagorized neatly and pages numbered and I made sure to only include medrecs for the condition he was claiming.. I'm nervous they will low ball him and we'll be in for another battle......I'm angry because I know this kind of thing isn't only happening to my husband. It's an outrage for a Veteran to claim a valid illness/idisease etc, have to prove it happened, fine with all of that and would expect that.....BUT< for RO not to be able to rate him on what's in the file ?????? Veteran is sick, due to in-service event. Veteran is going downhill...Veteran is expected to climb every hill to get what Veteran deserves. Veteran dies, then what.....spouse continues the battle on behalf of their spouse, the Veteran\. Thanks for the input and thoughts, see above response....it's meant for all to read.

We have been through the appeals process already...The BVA granted his claim and sc the condition. Now what.

You were spot on with this posts Gardner. Just found out RO is going to "need" a C&P exam to determine the percentage of disability. Crazy thing is, his medrecs show every bit of what he is disabled and the degree of disability. The RO is missing 3 doctor visits chart ntoes from this year out of 7 1/2 years worth of medrecs. Anyone have a thought as to why they want an exam...? Could it be that now that he is sc for this condition, there could be secondaries he is entitled to ? It's really hard to wrap our brain around this one....after such a long, long battle......what's another couple months ? Definetly want to be sure he gets a proper rating but, still it's so disappointing and heartwrenching after all this time....you prove without a shadow of a doubt that you were injured and incurred a disease/illness/injury due to service to our wonderful country and SLAM...sorry sir, you need an exam to determine a proper rating. I get it, it's just difficult and his illness is chronic so perhaps alot of the frustration is pent up fear of the unknown. Thoughts are welcome. If it were me, I'd say...."Be patient and good things will come".....but, when it's happening to you, it's hard. Really, really hard....

QUOTE FROM BRONCOVET Many, many Vets appeal the effective date, and you should, too, if you think its warranted, that is, if the evidence supports it. I think QTC docs are often in cahoots with the VA on this. For example, you go for a C and P exam and the doc opines that you have x condition, "at least as likely as not due to military service". He dates the exam and thats the end of it. If/when you finally get rated, they often use the C and P exam date..not the date you applied. This is bogus. This suggests you were well when you walked into the C and P examiners office, then got sick and disabled while in his office. This does not happen. You have likely had a chronic problem with this since the military, and the "onset" of this disease/disability is not the C and P exam date..it is often much much earlier. The examiner should opine something like, "The Veteran suffers from PTSD most likely due to military service in 1973, and has had repeated treatments for PTSD between 1973, and the present. Based on my professional opinion, and the patient medical history, this Veteran has been suffering from PTSD since 1973". They dont do that. They say you have PTSD, but do not put any date on it, so the VA assumes its the date of the C and P exam, even tho you may have suffered with it for years or even decades. END QUOTE From VetsLady Totally agree with this Bronco 100% - case in point, my husband received sc for AO related illness in 4/08 - he filed for it 5 years prior. QTC did an exam early in '08 and that examiner stated blah, blah this and that and they gave him a % for his sc that is way off base. The medical records in his file prove the QTC wrong on the effective date of the %.....as if he were such and such % when he walked into the office for the exam, and when he walked out, he was a little worse. The proof is in the pudding on his claim to get an EED with a higher % - just waiting for a rating to come back on an appeal decision to poke the fires again. One thing at a time.

Wishing you good things and comfort now that the battle is almost over.

Fantastic !

In layman's terms or VA "speakage" - what does "promulgate an award' mean.....????

With happy tears in my eyes and my heart skipping a beat I'm sending you a BIG WOO-HOO and Way To Go !!!!! It's so tough waiting it out, fighting the battle to right the wrongs.....you did it !!!! Congratulations on your well deserved win.

Here is something interesting I recently discovered.....anyone ever hear of this ??? My husband is sc for DM2 related to AO exposure. He had an appeal at BVA for a separate issue that was recently granted....yippeee (not an ao related disease) In a phone call I made, we were advised that the VA opened a claim for him for IHD.....he does have HBP as related to DM2 and a right bundle branch blockage. The HBP was never rated...and, when his DM2 was granted, his claim was already perfected for the balance and in line for a BVA hearing....in clarification, we only had to prove he was in fact on dirt in RVN.... and we did so the RO had to presume he was exposed to AO. I'm curious.....and, we haven't yet received his rating on the appeal, but I'm curious about the AO and the IHD claim the VA said was opened on his behalf....I think I'm going to need to make a few phone calls on this one. If anyone has any insight on this issue, let me know....otherwise I will post as soon as I get more info. His original claim had HBP listed, but it was never rated with the DM2 and with the balance of the claim at the BVA, we opted to wait for their decision on that portion before going back in on the AO issues. Thank you..... VetsLady

Good deal on your award....well deserved too.

It's a well deserved and much awaited decision I'm sure.... Congratulations to you - what a relief it is.

Thanks Gardner.... I know the schedule like the back of my hand, he fits into 100% for certain with all the medrecs and opinions backing it up.....so we'll see where he ends up. Will post it when we find out. Still dazed the decision finally came. Felt pretty strong about his claim all along ... but until it comes down to the final, you never know. Very happy we got it and hopeful we won't have a long wait for a rating and hopeful the rater will be fair.

Thanks for the additional info. He is currently 70%

Thanks for the responses......YES, it's been a very long and arduous battle. 8 years worth. SSD was granted over 2 years ago on the 1st application in.....there were 4 disabling factors but SSA only needs 1 for a determination. The issue that was on appeal with the VA was listed but the SSA used another, they just chose it rather than the other 3 even tho the other 3 were just as disabling. All the medrecs that were given to SSA were also sent to the VA except the VA has much more up to date medrecs. At any rate, a TDIU claim was filed a couple years ago and denied because even the issue on appeal was not what the SSA used for their decision. Would rather work towards 100% P&T than re-open the TDIU claim. If I understand you correctly, if the Judge didn't state a % in the decision, then the VARO is going to do the rating ? Regional Office review was waived - would that not allow the BVA to actually do a rating ? Big relief on receiving the sc ...... as you said Gardner, that is the "hard part" .....

Thank you for the Congrats ! No remanded issue(s). Service connection GRANTED ! Medrecs in the C-file are very up to date and condition will never get any better. Don't see rationale for a C&P exam as medrecs clearly document severity of condition on their own. Criteria fits 100% for this condition alone. Interestingly, was advised (not in the decision) but on the phone, that a claim was automatically opened for IHD in July........AO exposure and sc for AO related conditions were already established previously and receiving benefits for them......the BVA appeal is a separate issue. His medrecs show HBP, heart disease, bundle branch blockage. etc....so who knows, did someone who finally read the file in DC see this and open a claim ? Who knows....

Finally received notification that the BVA granted service connection for issue on appeal. Now what ? Do they send the file back to the VARO for a rating ??? Long, long battle.....

Thank you Berta....!

Congratulations...! Whenever I'm down and dreary, I look at this part of the web-site for pick me ups on the wins..... We are still waiting, and waiting...... Very happy to see the wins...!!!!!

What is Enhanced DIC and where can I find out information about it....?

Congrats on the increase....! What is the eBenefits site....? Where do I find it....? Thank You, VetsLady