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autumn
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Posts posted by autumn
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My philosophy is file when you are aware of the SC issue.
Holding off from filing hoping it doesn't delay your decision would make sense if VA reliably and promptly processed claims. A claim could take 180 days or 2 years before an initial decision, I think a person has a better chance controlling what you roll at a crap game than claims processing consistently.
You also have to remember that the decision you are waiting for is most likely wrong anyway and will need to be appealed.
The biggest mistake we can make as disabled veterans is depending on the Government to do the right thing.
The current administration wanted claims for losses in the gulf(oil spill) decided in less than 120 days -- and for the most part they were!
Neither political party is in a hurry to fix the VA claims system....It would cost them to much money...money that could be better used to fund projects that benefit thier core constituencies.
Hate being a doom and gloomer, but you could be in decision phase for 6 months and have a rater then say whoops something is missing and send you back to development. I was sent back to development once for medical records they already had. I called 4 1/2 months later to inquire on status and they indicate that they don't have the records yet, I ask when the Dr.s office received the request, they then indicate they hadn't sent the request to the Dr. yet because the letter asking for the records wasn't done yet.
Timelines....TIMELINES!!! We don't need no stinking Timelines!!
Best regards,
i certainly think and the SO dis so that part of the spine issue is SC-able and the already SC lumbar issues has gotten worse over years. so sent it in. as you say, why wait if a veteran is going to have wait a few years per claim, so to speak.
wierd, now RO says maybe some spine issues are causing some "ms symptoms" and maybe some "ms symptoms" are causing some neuro spine issues. most of the spinal med records were included with the ms package. wierd, RO doesn't bring thos issues up until i file claim for them.
so when VSO says, lets wait and see if VA does the right thing, we'll all be waiting forever. right thing would be as you say, a reasonable accountable time frame, which doesn't exist. too, right thing would have been to acknowledge the medical conditions already in that first packet. but nope, they disregard em until i file for claim then seemingly jerk it all around.
it isn't doom & gloom to me. its my real experience with them. and many other veterans.
i don't see how Shinseki is going to get the VA's to do the 120 day claim time frame. i really don't. makes good press. but i've been told VA & RO is swamped, things take time, see if they'll do the right thing, loss of records, VA doc writing incorrect data, etc for over 24 years. i don't see anything changing there. the buildings might get newer, newer people will employ there, but policies behind doors, they'll stay the same.
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I am not saying that VSO's are untouchable. Complaints to a VSO is like screaming into a fog. The scream goes about 4 feet and just stops dead.
my .02c worth ... i suppose echoes this. i've made 1 or 2 complaints to this particular org about 1 service officer and 1 station over the years and like, notta, zilch of anything cahnged. wish i didn't have to echo this but that has been my experiences.
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You have to sue the VSO in state court since they are not VA they are an organization.
We have had successful laswuits here on Hadit before. Active VSO's dont want to hear this but it is true. They have to back up their actions as their mal practice or bad advice can be used against them.
J
never knew this, not that i should i guess. but good to know an unruly gorilla can be told to sit down, so to speak.
you mention them backing up their actions, is all i have to do is reuqest their correspondance with VA and anyone else regarding my claim and they will mail that to me? or do i need to get some other intermediary to do so?
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You can sue the Idiots.
If they cause you harm in your claim (Cost you money) you can sue them.
Don't rely on any VSO for your livlyhood. That would be a mistake.
Get an attorney.
Basser
learning this the hard way (again).
i'm writing a complaint letter to their headquarters showing 4 times in 22 years them dropping the ball with me (thats my perspective). then take back poa i guess.
i can acutally sue the the org? any recommendations on an attorney that does this? almost all attorneys' i've contacted about VA issues is they want a perfect open/shut case, then they'll take it. like not much fight in them at all,
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>>Any correspondence with the VSO or the VSO with the VA, request a copy for your records.
do they have to supply all correspondance if i request it?
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ok, thanks folks appreciate the education.
well, i had to file. my spinal issues are some real issues that va docs seemingly didn't want to address, just like the ms issue. in my life, seems only C&Ps get me adequate diagnosis/treatment.
is the moral of this story not to file claims when one is open? don't we lose effective date thing doing that?
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i had a claim in for MS secondary issues and was told by a congressional rep it was in decision phase back in Oct 2011.
so, i checked with vso about filing the SC for cervical issues and increase for already SC'd lumbar issues.
today i get this notice from RO:
Generally speaking, VA policy dictates that if additional conditions are claimed while you already have an open claim in process, the newly claimed conditions must be added to the open claim already in process and development must be completed for the newly claimed conditions.
so now, what another 2 years to get this complete since they lumped it all together?
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The only advantage I see to having a VSO involved is that they may be able to access status info on their computer or explain more specifically what a cryptic message from the VA means.
For anyone who feels capable, I recommend handling your own claim based on the advice you get here and using fanaticbooks site:
http://howtoassemblevaclaims.com/
FBooks also has excellent Social Security claim info I used to successfully win on my own.
Good luck!
that site sure looks helpful!
>>Any correspondence with the VSO or the VSO with the VA, request a copy for your records.
i see the above on that website, so, the VSO has to provided this? any of his email correspondence with VA, internal SO correspondence regarding my claims, etc?
thanks
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I pretty much agree with Pete about VSO's, but if you think you need help hire a lawyer. I won all my claims without VSO's, or lawyers. One VFW rep actually argued that I should get 100% because I had a personality disorder. This was at the BVA level. This happened 25 years ago, but I don't think they are not much better these days. The good ones are swamped.
thanks john. i seem to do all the work anyways. vso, to my eyes, writes a letter they rep me and filing for this or that, and then, nothing...i don't see them doing anything. i can write those type letters myself. oh well.
1. i know this is very subjective and depends on the type rep, but is VFW or American Legion better at helping veteran with VA claims?
2. when changing VSO does that hamper claims already in the pipeline?
3. if i take PoA away from current VSO would that hamper claims already in the pipeline?
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Autumn:
When I fought for my claim I have had a toral of 17 VSO's. Only two were any good and most gave me bad info and actually did nothing to help my claim. I would have a VSO cause its good to have a temporary Service Officer if you have a hearing. Most of my Hearings I have had the VSO was helpful.
If I were you I would carefully decide if complaining to the NAtional will be helpful to you. I definitely would consider changing the Organization that had let me down.
I really believe that you can get the help you need right here at Hadit. I have a claim at this time that I am doing on my own. My last Service Officer and I consider a friend has dropped off the radar. I have a new one in New York and he really is not helping but the fact is I don't need him.
My recomendation is for you to manage your claim and use Hadit. Get a new Service organization. You could write a letter and explain to the NAtional Organization what happened and why you changed representation. But move on and forget those Yahoo's.
Good Luck
hey pete,
>>If I were you I would carefully decide if complaining to the NAtional will be helpful to you.
this is why i post here in hadit cuz i need the extra "eyes". good point. i complained about one rep via phone to this org a few years ago. didn't do squat, and acutally may have been neg to me, but don't know for sure. maybe?, that is why i've slipped through the cracks again.
ok, i can see a bit clearer now that i see you had so many reps.
i like your idea of writing explaining in respectful way and then move on. that seems to be the wise thing to do and i can wrap my brain around that.
it was only via hadit and folks on here that i got educated and got things to gether per recommendations here that i got sc'd for ms and found out about secondary issues.
i might as well "go alone + hadit folks". i may switch to american legion in dc? i heard of them helping well via a veteran radio talk show, "unityamericanradio", but that is all i know.
thanks mr pete53, appreciate the perspective
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i just slipped through the cracks again so my VSO tells me. the particular service org has rep'd me 4 times over the past quite a few years. i slipped through the cracks the first time. a few years ago, in another city, same service org blew me off saying i didin't have this disease. though VA SC'd for it, but not cuz he helped, an IME did that. same service org didn't enlighten me that i needed to get all evidence into a c-file on a claim a few years ago, so that got denied. with their first claim years ago, i found/read their lawyer blew me out of the water with their asinine statements about my character that had nothing to do with the spinal claim increase at that time. that got denied
now for this new claim, i'm told me for months they need to contact the station manager at RO, well now, after a year and half, they say they finally found out who he is and contacted him. what!!, they don't know who a station manager is at a RO and takes them that long to contact them -- only after i push the issue. note: i'm in one state, my NSO is in another. that shouldn't matter.
a lot of runaround and bs from my perspective.
1. now is time for me to write their national office and note some type of complaint. seeking ideas on what is proper to write regarding such things. i've read on this forum a few folks that have had to write complaints, maybe i can get some pointers from them. this is to be a letter outlining this and that i'm tired of it.
2. after i write this note, do i still keep this service org or get another one or just do it myself?
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http://my.clevelandclinic.org/neurological...evaluation.aspx
What is a neuropsychological evaluation?
A neuropsychological evaluation is a formal assessment of mood, personality and cognitive abilities (e.g., memory, concentration and problem solving) that is conducted by a certified neuropsychologist.
Research shows that many people with movement disorders, psychiatric disorders or acquired brain injuries demonstrate changes in their mood, personality and thinking skills (such as attention, memory and planning). These changes may be subtle or dramatic and may reflect the underlying disease process or side-effects from treatment.
What does a neuropsychological evaluation do?
This type of evaluation determines if a person's thinking skills, mood and personality have been affected by a neurological disorder. A neuropsychological evaluation also does the following:
* Establishes a baseline so that changes in thinking skills, mood and personality can be monitored over time to provide better treatment
* Helps the patient and family make decisions about work and other responsibilities
* Educates family members about how the brain disorder has affected the patient's thinking skills and personality so they can better help and understand
* Provides information for a physician in order to help with medication selection to reduce side effects or improve cognition
What is involved in neuropsychological evaluation?
There are two parts to the evaluation:
1. Interview (1 to 1 ½ hours): A neuropsychologist interviews the patient and a family member separately to determine how the neurological disorder is affecting the patient's life.
2. Neuropsychological testing (3 to 4 hours): A neuropsychology technician administers tests measuring concentration, memory and a range of verbal and visual abilities. The testing is usually completed in one visit.
In my case, the two tests they gave me were the Wechsler Memory Scale (WMS) and the Wechsler Adult Intelligence Scale (WAIS).
Hope this helps to answer your question.
i'm posting late but this info is what i wanted to knwo from a prvious post of mine. i will say this having been to both places, it is night and day difference between VA and cleveland clinic on how patiteint is treated and what is writtin in med records. speaking from a SC neuro disease. glad you posted this
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It's been many years since I gave the neuro-psychological tests to military patients, so I am not sure which tests are status quo anymore. The younger vets tested for TBI will know! I do know that a simple battery (series) of simple tasks would include intelligence, memory, problem solving, etc. Do not try to hide your difficulties --its to your advantage to reproduce the symptoms you are having problems with at home and work. ~Wings
ok, thanks for reply. i'll see how it goes. too used to being shot in foot via VA when i do the right thing. thanks
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hey,
i was going to start a new topic but see this one is titled what i would titlttle it.
i requested a neuropsychological evaluation due to my stuttering, harder time pulling words out my brian for complete sentences, lessening of verbal expressiveness, etc.
this mostly due to ms, depression/mood disorder(secondary to ms)
i have no idea if thise witll be beneficial or detrimental to me (knowing the va). but, no one at va wants to write what and why i have these issues so i asked for this exam to check it out.
i see "wings" below explain some of this type of testing, anyone know other stuff about it? schedulaer did say to bring snack/meds/water due to it is like 4 hours long or so. i'll have to take meds just ot sit 4 hours and the stress of just being at a VA will increase.
ok, i'm rampbling, sorry. just trying to get heads up of what to expect if any folks here know.
thanks
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To Evandc "yes" Philip Rogers is "RIGHT" I guess others have gone thru this, lesson HUGELY learned, i'll be more careful even with my anxiety disorder condition. Berta, I received SSDI 12/28/93 effective 06/01/1993. Submitted VA claim in 1993, and re-opened claim on 03/07/2007. They are mute on SSDI except telling me that it's for my Primary S/C condition, but not binding----well, it is pertinent to me thats the law. I am grateful nevertheless. Thanks
i know this post a bit old, but Mr Rafa, i have to put a sentence or two here. happy for you on your success so far with VA, its a daunting task at the least end of the spectrum as most here know.
i had not read on here about anyone else where the VA hammered the alcohol issue like they do to skirt the health truths. just wanted to say i can empathize. VA hammered the alcohol issue with me even after 20+ years of not drinking and tried to say that was the lesions in my brain. that is (i) caused them. turns out they are ms.
i'm a little hung up on that issue i know. anyhoo, i see they did the same with you. best to ya and your future claims with VA, keep fighting.
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Autumn -
Medical records from your VAMC don't automatically become a part of claimant's
claims files.
If there is VAMC evidence that needs to be of record for claims we have to notify VARO
of the dates of evidence we want them to obtain or submit it ourselves.
I would resubmit the specific evidence again to your VARO.
Since you mentioned New & Material evidence needed to re-open the claim issue,
I think you might want to research exactly what IS and What Is Not, considered
N&M evidence by the VBA.
I feel surely that their definition may differ from what many of us THINKS it means.
An example of this is - a different doctor stating about the same evidence - well,
normally I would think - see here VBA - here's another doctor's evidence stating
and supporting the same thing that you have denied me on.
Going by VBA - that second doc's evidence is not New & Material - it's cumulative.
This is my understanding - so be sure first that this evidence meets the criteria
for N&M.
JMHO.
http://ecfr.gpoacces...1.60.65&idno=38
§ 3.156 New and material evidence.
(a) General.
A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decisionmakers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim.
(Authority: 38 U.S.C. 501, 5103A(f), 5108)
(b) Pending claim.
New and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board of Veterans Appeals without consideration in that decision in accordance with the provisions of §20.1304(b)(1) of this chapter), will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period.
(Authority: 38 U.S.C. 501)
© Service department records.
(1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to:
(i) Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements of paragraph © of this section are met;
(ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA's original request for service records; and
(iii) Declassified records that could not have been obtained because the records were classified when VA decided the claim.
(2) Paragraph ©(1) of this section does not apply to records that VA could not have obtained when it decided the claim because the records did not exist when VA decided the claim, or because the claimant failed to provide sufficient information for VA to identify and obtain the records from the respective service department, the Joint Services Records Research Center, or from any other official source.
(3) An award made based all or in part on the records identified by paragraph ©(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim.
(4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim.
(Authority: 38 U.S.C. 501(a))Cross References:
Effective dates—general. See §3.400. Correction of military records. See §3.400(g).
[27 FR 11887, Dec. 1, 1962, as amended at 55 FR 20148, May 15, 1990; 55 FR 52275, Dec. 21, 1990; 58 FR 32443, June 10, 1993; 66 FR 45630, Aug. 29, 2001; 71 FR 52457, Sept. 6, 2006]
i will print this out and mention it to my VSO mon. i don't think much was submitted last time so that new folder VSO supposedly sent in Nov should be almost all "new" evidence. i sent another note to RO last week asking them to let me know if they got that folder with the claim letter from VSO, but haven't heard back.
VSO, if willing, should be able to find that out, i would think. but, as you say, what WE VETS think and they, is well, different.
thank you
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I have a question Autumn did you put in a new claim or did you do a (NOD) Notice of Disagreement for the denial?
As for the letter - I would touch base with your VSO rep just to make sure what all might be missing and what info they already have - because I've found that sending in the same info they already have just adds more paperwork. You can mention to the RO about the VSO rep but it did not help me lol I wanted a few claims put in as CP but my VSO put them in as Appeals (which I found out takes years for a decision). Hope I was able to help.
didn't do the NOD for the denial that i recall. i didn't even remember submitting that claim until this new letter.
i'll call my VSO mon to verify. i already asked him if he had a receip for that folder being delivered. he wasn't very responsive. probably busy. i'll ask him to verify . last thing i want to do is make RO job more difficult, really.
whats a CP versus Appeals?
sure, it all helps...at least for me it does. thanks
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i submitted a claim via VSO in 2008 for cervical/lumbar issues and increase. i was at the time still assuming RO got copies of med records vrom VA. wasn't enlightened to the c-file fact of life.
so i was denied, obviously, as i know now.
submitted a new claim recently with "all" med evidence. (learned the hard way)
finally got the VCAA notice today saying they are working on my claim for this. they don't mention they got the document folder sent to them in november.
they mention the 2008 claim and that in order to reopen they new matierial evidence and related to that fact.
i'm thinking everything i sent this time is new as i really didn't send them much in 2008. the VSO rep never mentioned to me about getting evidence into a c-file when i told him it was all in the va med records.
q1. are these standard letters? they write they need evidence from mil time to present time.
however, docs showing all that were in the folder i sent them. do i send that again or what?
does this mean they didn't get the folder or is this just a standard letter?
q2. should i let RO know that in 2008 VSO rep didn't inform me of c-file needing docs or is that just my mistake to eat?
you may remember me asking another question on the forum that i never got the VCAA notice that they recielved my folder of info.
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Sent the last of what I have in on all claims yesterday. Does anyone know if there's a way to tell the VA "this is all there is - please move along"?
i honestly don't know but wish i did as thoudans of other vets do to. i've always been told for the past 24+ years, sit back and wait have patience - we'll wait for the VA to do the right thing. never happened. VA is insulated from accountability or anyone from my experience. sure doesn't take VA long to deny, or lose papers, or seemingly make you wait does it? they really expect to get the process to 120 days or less as is trying to implement?
anyhoo, if there is a magic way to ask them to "move along" some on this forum surely knows the words to let you know.
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fwiw mr justrluk, been wating 14 months. this with VSO writing letters/claims, congressman contacting them periodically. it is now in admin review phase supposedly waiting on a signature or something.
autum - contacting congress critters USUALLY just slows things down.
If it's waiting on additional signatures - that actually sounds good.
man who takes care of my savings account called today and informed me i have about 3 months left of savings, so stress i s getting abit worse. nothing new for us vets waiting on va stuff or trying to get va to do right thing.
Why do you have "a man who takes care of my savings account" ?
i never had any luck calling that 800 number but maybe i'm calling wrong number
I suggest NOT calling the 1-800 # for info on current claims, as they CAN NOT provide accurate claims tracking information.
JMHO -
carlie
just as well i didn't get anyone on the line.
i contacted his local office so there would be a paper trail with all this. i've had little success in anyone listening to me at va or med eividence. i know va doesn't liket congress being contacted but really, what is a veteran to do in certain situations where VA doesn't listen, VA doesn't listen to VSOs, they don't listen to congress aides (letters), but i wrote him anyways. if you had MS and VA wouldn't diagnose you with objective med evidence and shrugged you off, who would you contact. look how many veterans across usa have many of the same issues with va over the years. nothing changes except for a smile and pat on the back. way too many newstories and cspan documentaries to back that up.
cuz i'm not so good with the money thing
thks, yur JMHO is always welcomed
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If you have any eviction notices or notices to turn off utilities you can submit copies of those
along with a request for hardship expedition of claim issues.
It will put you in a different line if accepted for hardship.
I suggest checking local / state / county resources.
Many SSA and VBA claimants loose everything the have prior to receiving positive adjudications
of either one or both.
JMHO
ok, thanks. i'll check. not much in this state though. i'll check around in my soppurt groups. most of them have been trhough this stuff too
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7319 Irritable colon syndrome (spastic colitis, mucous colitis, etc.):
Severe; diarrhea, or alternating diarrhea and constipation, with more or less constant abdominal distress 30
Moderate; frequent episodes of bowel disturbance with abdominal distress 10
Mild; disturbances of bowel function with occasional episodes of abdominal distress 0
7346 Hernia hiatal:
Symptoms of pain, vomiting, material weight loss and hematemesis or melena with moderate anemia; or other symptom combinations productive of severe impairment of health 60
Persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation, accompanied by substernal or arm or shoulder pain, productive of considerable impairment of health 30
With two or more of the symptoms for the 30 percent evaluation of less severity 10
A veteran can have a combination of both symptoms of GERD and IBS that can be combined and rated together without pyramiding.
hi,
thanks for reply. looks like i can file for them so i will.
i thought my shoulder pain was from spine/ms stuff, hmmm, oh well
thank you
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YES
hi ms Carlie,
i put together my folder for IBS claim ready to send off after the MS secondary ratings are completed, if ever they will be.
i notiece in records over past 24 years, VA has diagnosed these things below and i'm wondering what is candidate for claim besides IBS?
IBS (can be claimed)
gerd ?
dysphagia ?
hyperlipidermia ?
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fwiw mr justrluk, been wating 14 months. this with VSO writing letters/claims, congressman contacting them periodically. it is now in admin review phase supposedly waiting on a signature or something.
man who takes care of my savings account called today and informed me i have about 3 months left of savings, so stress i s getting abit worse. nothing new for us vets waiting on va stuff or trying to get va to do right thing.
i never had any luck calling that 800 number but maybe i'm calling wrong number
tired of it as you are, hope it gets rolling along sooner than later. so much for claims to take shorter time, huh?
Filing More Than One Claim Lumped Togther
in VA Disability Claims Research
Posted
congrats! glad to hear your successs
what is that 800 number? just the VA national number or like ebenefit number?
we all know all RO & VA are managed different with different priorities. appears yours "does the right thing"