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VetsLady
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I check our bank account each month to be sure the VA DD was done.
When I have called the 1-800, (it has always, always said "Sorry we don't have your claim
information, please hold on")
On a whim, I phoned today and this time it gave me the last DD amount and the date it was
made. It was the regular amount.
Many of you know we have an ongoing appeal that has been at the AMC. I'm a realistist,
and until the penny is in your pocket, it's just not there. But, I wonder, since I was told
by AMC the other day, that his file was sent upstairs for rating if this is why I'm not getting
the generic message.
Seems like a trivial question in light of it all, and if I were giving the advise, I'd say "Relax, wait
for the envelope to come and then you will know for sure"
What I'm asking our fellow Veterans is if this has ever happened to them before and what was the
outcome?
Thank you.
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Hubby called AMC and was told that the development of his claim was completed (as you many recall, he had only 1 issue on appeal)
and that it was sent "upstairs" to be rated. I spoke to the Rep and she told me the same thing and that the claim file does go back
to the BVA but only to verify that what the remand said was done. I also asked about AMC making decisions and ratings. She told
me that AMC in DC does in fact make decisions and ratings. Not always, but they do. We're hoping that since his claim was pretty
straighforward, they will SC and rate it.
From another very reliable source, I was advised that once the development of the remand is complete, if the file goes "upstairs" for
rating that it's a favorable. I'm not holding my breath, and not counting a penny until it's in our pockets, just curious if anyone else
has had this experience?
Thanks...... B)
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So are you saying that the order goes: BVA to AMC, develope claim, claim development done, back to AMC, decision, if yeah it goes to VARO for %, if neah it goes to BVA for another looky-loo and a yes vote. BVA denies, we are back on the merry go-round. BVA approves/overturns AMC, it goes to VARO for %.
We've been at this since Feb. 03, I know many of you have been at it longer. It's horrible.
What a disgrace to the Veteran. It's not a pay issue, it's a disability issue. Most tort cases in court don't go this long.
Wow. I'm keeping my glass half full. I hoipe it pans out as a positive, I hope with all my heart it does for everyone who is deserving as well.
My glass is half full and I keep adding to it when it goes down. We waited from 2/03 to 4/08 to have the VA finally agree that my husband set foot
on soil in DaNang. Top Secret stuff. And, they say a picture tells a thousand stories. It sure did when it came down to a yeah on his SC for DM2.
Wishing you all a pleasant day.
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P.S.
Re: the SSD, he filed immediately after he had to stop working, and was approved 1st submission. Different ducks with SS than VA. He had 4-5 disabling conditions on his SSD app, SSD picked 1, as you know, you have to be 100% disabled for SSD no matter what. When he filed SSD, it was Jan '06, he began receiving his benefits in June '06 and he was SC for the DM2 in April '08.
And, I will take responsibility for this.......learn from those before you, we had no idea the SO or VA was not obtaining all the evidence we needed for the claimed issues. When they made the SC for the DM2, they did so with medrecs through mid '04. It's no wonder this claim has taken this long. Once I realized this wasn't being done on our behalf, I stepped in, gathered all of the additional evidence, organized it, tagged the different providersm basically made it pretty easy for a claim adjudicator to follow along. I had worked for an attorney and ran my husbands business for 20 years so organizational skills with mountains of paperwork was a snap for me to put together the story, to string the pieces together in an order that made sense. SO never sent it in, lo and behold, I brought a 2nd copy to the BVA hearing, VLJ commanded me for my efforts and the SO when we arrived at her office told me she'd never even seen this info. This was the 1st time we'd met this lady as she was in Seattle and we are in Tacoma. She made a fool of herself basically.
: )
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VetsLady,
you can call the AMC 1-800# 10 times & get 10 different answers to the same questions.
Once a decision is reached, a SOC(statement of the case) is issued. A copy goes to you & your NSO or attorney.
If the claim is denied, you can file a NOD(notice of disagreement.
You will need to send in new evidence to rebut the BVA's denial or it will just get denied again.
Thanks for the input, I appreciate it. We've been at this since Feb.03 when the claim was originally filed.
I have learned alot since day 1, and, had I known then what I know now, my DH would have never signed a POA
to the SO we used. She had everything on the original claim, hang nail, hiccups, you could go on and on.
The main issues finally broke down to two. But this was several years later. Received SC in 4/08 for the DM2 and
1 issue remains on appeal.
Dialing 1-800 is a waste of time, today was a good day to waste some time. Your're right allan about the 10 answers,
I keep logs on all phone calls, correspondence, filing is all in order.....I did this for a living and in our own business.
My DH's claim got jacked around initially, after we filed the Form 9, we had a DRO de novo file review. Still denied.
So the waiting on getting a hearing date started, waited appx 4 years for that to happen. The VLJ took one look at the
file, one look at my husband, shook his head as if to say "wow, this VARO denied this guy?" with all this evidence? The
claim was remanded to obtain SSD records and a so-called stressor my husband does not recall, he does not have PTSD,
(the SO who filed his claim dx'd him with it), he has since been on 3 chemo 3 times, he was on when the claim was filed.
How he worked while going through it all is besides me.....and we worked together so I saw him 24/7. He is my hero.
Should we receive a denial from the BVA, I will happily respond the following day. All ducks in a row and ready to quack.
Sholuld he receive SS, yippee-ki-yo-ki-a and the happy dance commences.
BVA Budman told us that AMC in DC will be reviewing, deciding and rating his claim. He did sign a waiver to avoid going the
route of the original VARO as it was evident they screwed things up in the 1st place. Between them and a poor SO, his
claim was in the can from Day 1.
I'm surprised about the 2 years you say it will sit at AMC. That would be a shame so many Veterans and their families will be
affected. Ours included. You see, we know and understand my husband's claim is no more important than anyone else's and I'll tell someone waiting in
a line ie: at the airport, movies, etc., if they cut in line for no good reason. We hope he is still here in 2 years. We have hardship attached. His in-service
disease will never get better, only worse....how rapidly, we don't know. Coincidentally to be at this stage of the original claim and his health being where it is,
it's a surreal experience.
SS disabled him for a different cause, although the 2 issues with VA were listed (there were 4-5) the 1 SS chose was not one of those so he is not eligible for TDIU even at 70%. The SO suggested he file a TDIU claim 1 month prior to the hearing date, oh yeah....you can bet that stalled action on the file. SO hadn't not sent the additional evidence to DC prior to the BVA videocon hearing on the original claim issues. Yes, I brought a copy and Mr. VLJ rapped their fingers for not having sent it in....they had plenty of time. Actually, I get more correct info from 1-800 than from dialing the SO, so we too the POA off and since the hearing had already occurred, it was not an issue. I can still see the VLJ's face when he realized the SO hadn't sent the evidence in, when he saw my husband's arm, when he knew the local VARO couldn't tell right from left, and had rebutted against their own doctor who examined him (he got a more likely than not Nexus from that doc in his report) and we had one from the treating physician as well, plus photographs, well documented claim evidence and alot of it. Organized. Labeled. and, sent via Certified Mail/RR requested.
His SC disease is worsening as well and I'll need to reopen that claim probably sooner than later...we'll know more next week after his doctor appt.
I really want to know if AMC is going to be deciding this claim & rating it. If it denies, then I believe we can send it back to BVA, although I'd rather not (I'd love to see the VLJ's notes from the hearing!) If we end up back at BVA and start chasing our tails, a trip to DC might be in my agenda or,....we'll end up in the Judicial system.
Let's hope we don't have to go that route.
Thanks again for input.....appreciate it Veteran!
VetsLady
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I like Saturdays. Saturdays are nice.
I asked my Wife to marry me on a Saturday.
She said "yes", on a Saturday (she had to "think" about it).
We were married on a Saturday.
Our Son was born on a Saturday.
Good things happen to me on Saturdays.
Saturday is our Sabbath, and that is a wonderful thing.
Saturdays = Good!
A little late but....L' Shanah Tovah Larry!
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No reason you can't call but what about an Iris Inquiry?
If the AMC approves they send it to the RO to finish. Almost all claims are finished at RO
This is the last IRIS we received.....
Since your file is not in our office we are unable to provide you with that information.
Sent an inquiry to the BVAOmbudsman....they gave me a phone number to call for info. I called. They took a message.
Don't want to be a pest, but I would like to know what is going on.
His SC% hasn't changed in the 1-800 dept so that tells me nothing is done yet, it's still in the process. I'm sure it takes some time for the systems
to catch up with each other.
We dropped AmLeg a couple of months ago. Too many staff changes to even count.
I think we'll give it another couple of days and then call. Perhaps by then some additional claims movement will have been done.
BTW, I was told that "decision" and "rating" are one and the same at the AMC. Seemed odd but I left it alone.
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Hubby has a claim that was remanded back in March 09 for further development. Further development is done. AMC now has the claim and we are told it went to rating/decision on 9/10/09. Is there any reason why we can't call AMC to inquire as to the status of the claim? Don't want to step on toes, irritate anyone there and definetly want to keep a sharp eye on this. I received conflicting information elsewhere that AMC makes the decision then sends it on to BVA for final approval. Then, from another source, I'm advised that AMC will either approve or deny and should they approve, they will be the division that rates the claim. These were both from
1-800, who I know don't have the up-to-date info in their systems. I'd like to call the AMC directly - ideas?
Thank-you....
VetsLady
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Oh am sure of that Carlie.
Hurry up and wait.
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Thanks for the replies....
No, I haven't requested the actual transcript. We did receive the remand.
The 1 issue still on appeal, the VLJ had nothing in the remand regarding it
specifically. He wanted the SSD records associated with the file as VA w
wasn't aware he was on SSD. We had a (yes had) a very poor VSO, which
didn't help things along at all. There were 4 requests in the remand itself,
1 - for the SSD records, 2 -a QTC exam be done re: PTSD 3 - stressor
verfication 4 - Readjudicate the Claim after the above is done, if not granted
then provide an SSOC, etc and so on.
We dropped the PTSD issue as he does not have and has not been treated for
PTSD, has been examined many times, it's a depression issue related to his
SC conditions and the remaining issue on remand.
The VLJ saw the proof in the pudding sitting in front of him during the hearing.
That, with the 2 strong Nexus and medrecs to substantiate the condition
should be enough. Yes, 1 - something happened to him in service to cause an
injury/disease. Yes, 2 docs (1 from QTC) say that the in-service event was
the reason that caused his injury/disease.
The 3 elements required are there, it's just the waiting and they lost his file,
his file is so large, how could they? No one wanted to do anything on it,
VSO forgot about us, didn't return calls...so we went a different direction.
Seriously, if I knew then what I know now, I would have never given a VSO POA.
They got their dough almost 8 years ago, and in those 8 years, he has gone down
hill, 3 phases of chemo, a bunch of other stuff is cropping up, he had to quit work
and the $ we have spent on meds, geeeez. We had no idea he had the med
available at VA until earlier this year. So, went from 4/08 - 12/08 out of pocket,
with private med ins., but still, very expensive and could not drop it or change in
any way for fear of not getting onto another plan. Pre-existing condition thing.
I feel he has a strong claim, but until the pennies are in the pockets, we don't
feel comfy cozy. When this part is over, we'll have increases to go for on what
he is already SC for. It's sad to watch him deteriorate.
Enough about this....
Does anyone know how long a file can stay at the AMC for decision? What happened
to expediting claims? VLJ mentioned it should be expedited in the remand. Thought there
was some time frame, but perhaps appeals are on a different boat. Can't believe they
would have anything else to "develop" - they have it all. I made sure of that, sent via
Certified Mail/RRR.
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If a Vet becomes 100% P%T, can he go back and put in for reimbursement of out of pocket medical expenses for he and his family
to the date that he became 100%? Where can I get more information on this?
Also, does someone know where in the docket the AMC is at in deciding claims? I know many of you have appeals at the BVA and/or AMC.
My husband's was remanded back to the RO, then we dropped one of the issues and there is only 1 issue on appeal presently. We know for
certain (well, haven't actually "seen" the file there with our own eyes)
I'm getting conflicting information on a docket date. His file was sent to BVA in Sept. 08, hearing was Nov. 08, remand date is March 09.
I sent an inquiry in to AMC and no response. Just sent an IRIS, maybe they know.
Trying to gauge a timeline of when his claim may be decided as his claim is marked Hardship. I was given information that his file is in the
developing dept. - all developing has been done already - but this is the last info I have. I'm told that if it goes well in development and is
SC then his file will be walked upstairs for a rating, AMC is doing the rating. BVA doesn't want to see this file back as the RO really mucked it
up.
Thank you for any information you can provide.
VetsLady
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Latest....
The AMC in DC has the C-file. The tell us it's in the hands of the "developers"
We are told if it gets SC, then the file will go "upstairs" to receive a rating %
Since the initiation of this claim, the medical condition has on appeal has many
ups and downs, was on chemo 3 times. The condition is worse now,
will never get better. Might stay the same, but doubtful. However, we remain
hopeful it stays the same and we remain realistic at the same time. Hard thing
to do...!
We are getting info to check back again in 8 weeks on the "developing" of the claim.
BVA hearing was in Nov. We are told the new docket date is March 2009 so that is
where we step back into line for a decision. We are told that the file being in the
"developers" dept is a could be a good thing as it means "something" is being done
on the file. There is no other development to be done as QTC exam was done,
MD said "more likely than not" related to in-service occurence, private MD said the
same thing, they have all of the medrecs up to date. Can't imagine what they need
to develop so hoping it goes quickly to a SC win and then upstairs for a rating %.
Not watching the mail, not watching the water boil. Just back in line for now.
Any ideas or thoughts are welcome.
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Hi Berta...
Good Morning. Yes, I did just that, yesterday. Sent the inquiry to the AMC inquiry email address since that's where the
claim is supposedly at.
If I don't get a response by Monday, I will send 2, 1 to the AMC and 1 to the BVA. What the heck, may as just send 1 to
the BVA address now. Won't hurt.
Thanks...
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Interestingly enough, filed for SSD Jan 05, approved, no question about it 1st time in and began June 05. Some say it's harder to get SSD than VA Disability.
Things that make ya go hmmmmmmmm?
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Forgot to mention.....Philly, Seattle, Nashville and off the top of my head I don't recall, were the 4 VARO's that are in the pilot program the VA set up to expedisouly handle claims....perhaps that's why Philly has your file. I do know that Nashville had ours, as I mentioned, they were 1 of the VARO's who had an affiliate AMC set-up to help with the overload.
We are positive people and look at the glass as half full. However, until the penny is in our pocket, we'll believe it. Never imagined the TDIU would fail. But, after reading the SOC, can see why plus, it only held up the Appeal. Wrong choice to file TDIU at that time. SO suggested it and what did we know? I can say with certainty, much more now. Even going back to the original claim issues.....same SO had us list everything on the claim, right down to a hangnail, ridiculous. Stick to the main issues and the rest will follow, at least in our case that is how it should have gone. Can't change the past. No control on the future. Hold onto what you know today.
Thanks again....
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Hit the wrong button. Whoops. My apologies...
Berta...
Thanks for the reply. We have 1 issue in appeal. BVA hearing was last Nov. Filed TDIU which halted action at BVA. TDIU denied. BVA remanded issues continued on. They had remanded it to AMC-DC for further development. AMC-DC sent it to Nashville, where a team of AMC was assisting with the backlog. From what I understand, there are 4 VARO's with this special set-up. We had 2 issues originally on appeal, dropped 1 for good reason, continued on with 1, C&P exam was ordered in the remand for the issue we ultimately dropped. Now, since there is only 1 issue on the table, from what we are advised, it may go fairly quickly. As you know, many things factor into what "quickly" means to the VA. We have an old claim. Originally filed in 2/03 for 3 main issues. Nodded, DRO'ed, De-Novo Review, filed appeal, docket date on appeal is Jan. 05, April '08 awarded 70% on 1 AO related issue, ED 1 year prior. Fast forward to present....dropped the 2nd issue that was remanded for a C&P, and have just the last 1 on the table. Nashville was handling the further development issues. Since this is a moot subject, the file is now back at the AMC-DC
and "ready for rating" aka: back in line.
I know they are suppose to use the original docket date on the appeal as they received the appeal Jan. 05. We now have an accepted hardship attached to the claim file and IMO, a cut and dry issue that is still on appeal. I'm not the one with the file in front of me. However, VLJ was quite surprised this portion of the claim was denied and ended up at BVA. Local VARO screwed up the SSOC so bad, had I known then what I know now, I would have asked for an in-person review at their office while awaiting a hearing date. Of course, we are notifed in Oct. 08 that the hearing was on the docket for Nov. 08. This remaining issue was denied by local in August 08.....
The local VARO had medrecs through mid 04 only and a very underdeveloped claim so no wonder it was denied. An in-person hearing would have cleared it all up, I truly believe that. Now, they have everything, all medrecs, 2 Nexus, the QTC doc who did the exam for this issue last year gave a Nexus, buddy statments on file, we have photographs on file, you name it, we sent it. And, dropped the SO who was assisting (not).
I was just "a-wondering" if anyone out there had any idea where a VetsLady could find out where they are on the docket, without IRIS'ing or calling. They really don't give you much info at this point in a claim anyway.
Thanks for listening (well, reading!)
VetsLady
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"Does AMC render the decision, send it back to BVA, then if SC, back to rating for SC%??? What is the order?"
My experience was
BVA sent claim to AMC who then ordered a C & P to comply with the remand-(Remand went to Buffalo VARO)then the claim was sent to Seattle by the AMU (claim Originated here in NY)
Seattle VARO -after over 5 years had passed again ignored all medical evcidence- and denied.
I sent to BVA all medical evidence again and a rebuttal to the C & P exam results.
BVA awarded.
Yes AMC can make a decision-I have seen them make awards.
If they make an award as far as I know-the claim goes back to the VARO where it was originally filed and the VARO rates the claim and sends the award letter.
But I am curious here too whether the AMU in some cases would award but send it back to the BVA for the award to come from them...???
Not sure why they would do it that way- but it seems the more hands a claim can pass through these days the better-for the VA- to stave off making awards.
Just my opinion.-
As a lawyer from NVLSP calls it- this is the "Hamster wheel" of the claims process.
My award was in April but the RO still has not prepared the award properly as to the ancillary benefits and other stuff I am due.
I got a nice VA form letter Monday- we are working on your claim etc-
but the letter came from VARO in Philadelphia,????
I cannot imagine what Phlly RO would have to do with my claim.
That is another rung on the hamster wheel for me.
Unless this is where they process the burial expense applications.???
I dont have a clue.
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Hello everyone...
We have an appeal I'm told is in the "rating" phase at the AMC in DC. Have been told that this phase is basically a point of jumping back in line to have your claim reviewed. We have an original docket date from Jan. 05, wondering if anyone knows where we can find out where the BVA is in the docket? Does AMC render the decision, send it back to BVA, then if SC, back to rating for SC%??? What is the order?
Rating to me seems like it should be rating but, it's apparently not with the AMC.
Thank you's......
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I failed VA math.
He needs 60 SC for the issue on appeal+1 of his current 20's (take the two highest)=80
adding in 3 more 20's and 3 10's puts him at 96+ which equals 100%
Good news tho, the file is at the AMC and they are inputting the information which means
it doesn't have to go back to the BVA.
The good news is that they have the file. The rest, well time will tell.
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Should mention also that the issue on appeal is not for PTSD as that is off the table at our request,
call it an issue of character or whatever, but he really doesn't recall the stressor, it was verified from
we are told, he's never treated for PTSD, and it's not, at least for him a PTSD issue. Remand was
was to have the SSD records associated with the file, to verify the stressor and examine the Veteran
for PTSD. There are 2 issues on appeal, and now just 1.
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Didn't mean to hit the quote button, excuse me on that whoopsie.
Original file date was 2/03, granted AO related SC hence SC date is one year prior to filing the original claim.
Our of the service a long time ago, so no one year after discharge rule applies here.
SSD applied for 1/06 granted 1st time in, ED 6/06. Claim for SC with VA is still ongoing at that point, and, at
that point his appeal had already been filed. We filed for a DRO review at the RO level just a year shy of the
original file date. Denied again. Then the SC comes in 4/08 - with a hand on the shoulder from our local
Congressman, it took from 2/04 - 4/08 - over two years to prove DH stepped foot in Vietnam. Ok, so that part
is over and done with and at a later date, we'll file for EED as they gave him a pittance of a % up until the date
QTC doctor saw him, thats when he rec'd the 70%. So, for the time being, we put that aside.
The current issue on appeal is what we're dealing with now. Just prior to his hearing date in Nov.08, said SO
(and I will not name them as there may be some Vets getting a fair shake with them) suggests he file for TDIU.
He files in Oct., Heaing is in Nov., Appeal is remanded for further development on a PTSD issue of which since it
was on his original claim, and no one had addressed it, the VLJ felt it needed addressing and rightfully so. VA was
ordered to verify the in-service claimed stressor that my spouse didn't have any recollection of until talking with a
buddy of his years later and he has never had a dx of PTSD, possible PTSD, but not definetive. Again, at the initiation
of the claim in '03, said SO told us greenies to list every little ache and pain you may have rather than concentrating on
2 main illnesses/disease as all the other issues were symptoms and would fall under the 2 illnessess/disease....
Filing a TDIU claim just prior to a BVA hearing was not a smart thing to do, we live, we learn. He was denied TDIU
because his SC was not what SSA disabled him for, although it was on his app, SSA disabled him 100% for the non-
SC condition. Fair enough. Had he only had the 1 condition and not the other, SSA would have approved him
forthright anyway, and VA would have denied him as it had not been SC when the TDIU claim was filed.
TDIU is history now. Should they SC him for the current issue on appeal, even at 30% (it should be higher), adding
math the way VA does, he'll start with 50, (20+30) add 20, add another 20, then 3 10's and he'll be at 100%
I understand their rating schedule. Take the 1st 2 highest, add them together, then go from there.
My questions were answered by this forum, we'll have to wait and see what happens on the ED. If they go back to
the original file date or use the SSD date, it's a complicated issues yet very simple. Some periods he would fit into
a 100% disabling period of almost 1 year, then to a 50 then back to 100 and this went on over the course of 4
years.
We are advised that his original claim "fell through the cracks" - think about this, he files in 2/03, denied, filed for a
DRO at the suggestion of his SO, denied. File a formal appeal when the DRO is denied. All with not one exam from
VA having been performed. Now, we know why. Ultimately it's the Vets responsibility to make sure everything he/she
wants considered is in the file, don't rely on your SO to give you a call or send a letter to you to submit additional
evidence. DH's claim was SC in 4/08 based upon medrecs that were in the file (through mid 04)and the QTC exam from 2/08.
You can be assured they have it all now, as I made absolutely certain they had all they needed to make an informed and
accurate decision.
Any Veteran can have any SO rep them, but still, it's up to the Veteran to provide all of the information VA needs to make
a qualified determination of the claim. I truly believe (but can't go back in time) that had they had all of this current info
we would not have had to go in front of the board to prove his claim. BTW, we waited for well over 2 years for that to
happen.
I sincerely hope we won't need to go the CAVC route, but will if needed. All of this from 1 clerical mistake by 1 RO who
made a wrong decision and didn't know their left from their right, literally.
Thanks again for the insight.
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VAF said:
"No evidence may be submitted to the Court that was not available to the Board (i.e., no "new" evidence). The Court only reviews legal procedure, not medical differences of opinion, so a "win" at the Court would be a remand back to the Board, to have the Board review the appeal within the legal structure dictated by the Court. I apologize if I'm telling you something of which you're already aware, but I didn't know if you had ever entered this territory before, so I thought I'd mention what to expect."
This point always bears repeating- thanks VAF-
and the lawyers who rep vets at the CAVC cannot perform a miracle-they too as well as the court only can use the established record that the BVA had.
A CAVC remand however can open the door again for submission or more evidence but this can take years.
VAF is right on the EEDS too-
but in some cases when a vet gets TDIU or 100% and they have a prior SSA award solely for exactly same condition and the SSA award is at least one year prior to their filing date-the VA will often use a date that complies with the SSA findings as the EED-but I have never seen them go back further then one year on that.One year prior to the filing date of the VA claim.
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vaf,
Thx for explanation. Yes, I am aware of how the claim process is suppose to be. If they do SC for whatever %, we will take that and file reconsideration for EED or higher %. His disease will never get better and their is no medication that can make it any better. Unfortunately, it is what it is. The docs tried 3 times to treat, none of which worked and his condition has only worsened with new manifestations and residuals pertaining to the disease cropping up here and there. We accept it and move forward.
I'll send another IRIS this evening and perhaps when "IRIS" gets to the office, she/he will respond that his file is there. They told me last Friday it was headed to DC, but would prefer to confirm it did arrive. Intact and in totality.
Thx for the words of advice. Wouldn't it be grand if I picked up our mail tomorrow and AMC decision with SC is in there.....whoo-hoo, that would be a postiive note. VLJ saw during the hearing where the VARO clearly made an error in their SSOC issued on the appealed matter last year. It's not really a CUE, but certainly was on the line and in the grey area.
One thing I am curious about, do they go all the way back to day 1 for an ED? Or, do they go to the date of the QTC exam? Or to the date he was eligible for SSD? Part of the reason he was SSD was this disease but SSA picked the one that would prevent him from doing what he did and that was primary even though we had the other conditions listed. What he is already SC for is an AO issue so retro went back to 1 year prior to filing the original claim. % was incorrect but planned to go back in and argue that after the appeal decision came back. Should mention, he was one sick puppy when we filed, medrecs verify that. He didn't have an exam until 8/08 when he was already pst the point of treatment and doc gave a Nexus opinion of more likely than not, same with his private med doc. We'll see what happens and go from there.
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Thanks vaf,
I thought this was the way it would go.
So, the SOC is sent out to the Vet when the claim folder is sent back to the BVA?
If so, it's probably at the Post Office with the rest of our mail from the past week
since IRIS inquiry stated AMC sent sent the claim folder to BVA on 9/2.
Thx,
VetsLady
Question....re: Recorded Message
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
We haven't received the written word of a SC yet. It just seemed odd to hear something other than the "Sorry, we can't access your claim info, etc."
Thank you.....
VetsLady