nbll01

Mine was the same way...My DRO NOD took 52 months to get finalized and eBennys never updated the status until the claim was closed. It said the same thing for years. Good Luck

Well my NOD completed after 52 months and I am at 60% with TDIU still deferred. As unbelieveable as it was to get this Chapt 35 benefit stuff once...you guessed it VA sent me more of the same again! I got another booklet and printed letter this past weekend. I realize its some type of stupid mistake BUT way to keep messing with the vets mind,Thanks VA

Did you submit a statement in your own words how the migraines have effected your daily life, how long they have persisted..etc? Did you also submit a headache log as well? Its also very wise to submit letters from friends or family that have witnessed your suffering. These would be considered lay statements, although not as powerful as a doc's statement...STILL very good evidence to use. Also are you currently being treated by the VA for Migraines or another Doc?

I just got my BBE in the mail and I was service connected for all BUT I had no idea why it was 0% service connected......(thought it would be 30%) To clarify for anyone who may be like me and not understand the VA's policy on Corticosteroids or "systemic therapy".... Here it is hot off the press from the DRO from my NOD verbatim.... Note: Corticosteroids are anti-inflammatory drugs that are synthetic derivatives of the natural steroid, cortisol, which is produced by the adrenal glands. They are called "systemic" steroids if taken by mouth or given by injection as opposed to topical corticosteroids, which are applied directly to the skin. Corticosteroids that are applied topically are not considered systemic for VA purposes. So unfortunately for me I've been on the topical Corticosteroids for the last year and that doesn't cut it for the ratings....please don't tell my liver this..lol Hope this can help some fellow vets and save a little frustration.

Thank You for explaining that.

A little background. I got a partial decision about 4 months ago 60% backdated to 2009..woohooo On the July 12th my claim (APPEAL Dro Nod) said Closed and Statement of the case sent out. I called Peggy today as on my pending claims page it says Administrative review opened and closed on the 13th. I also had a dependancy claim that was completed on the 13th as well with backpay in route according to VA. The VA also opened a claim for me for TDIU as well which was inferred in my NOD today....WHEW Anyway my main question is I wasnt able to find out anything about the NOD (in general) as Peggy said that it wasnt closed out in the VA system and she couldnt look at it. If the SOC is in the mail (mailed on the 12th) why would they keep the claim open?? Peggy said its possible that there may be a rating and they are sending the SOC to me to accept or file a form 9??? Does this sound plausible??? I went into ebennys where you file a new claim and it shows I'm service connected for the contention (from the NOD) at 0%...just trying to figure out if this is the final say or could it still change. I ask because I had everything to get a 30% rating on this contention so I'm puzzled till the BBE arrives. Sorry if this seems rambling, Ive been at wits end for the last 4 months. Thanks

Three things will be required to have service connection/ compensation for your contentions. First you must have a in service incident or occurance(s). Secondly you must have a current diagnosis of the claimed condition. Lastly you need a medical opinion that the current treated condition is linked to your time in service (Nexus).

I just received a app for chap 35 benefits in the mail today for my 16yr old. I have a NOD in (DRO) and received a partial grant 4 months ago 60% with a few contentions deferred as well as TDIU. Does this just randomly happen?? possibly a VA blunder?? OR?? Seems I read about people getting the app before the decision letter shows up?

I feel your pain. Seems this is a original claim and not a NOD (appeal). I filed my original claim in 2008 and was promptly denied in 2009 across the board. You have the 30% going for you right out of the gate so thats good, Congrats. I have a feeling you may be like I was and really did not have any medical evidence to support my claims in the beggining.I never had insurance and wasnt aware I could go to the VA and get treatment. I also had no idea what to really file for (vso can help some in this area). I knew what I felt but wasnt sure what it would fall under in the 38CFR I would really get familiar with the 38CFR....Know what youre claiming and the symptoms as well as the percentages..it really pays to educate yourself on these. When going to your PCP ask them to be referred if you need treatment for something specific..IE mental or Neuro if they dont already refer you I filed my NOD in march of 2009 and I got a partial grant of my claim (60%) and it was backdated to 2009...turned out to be a huge retro payment..Point is NOTHING about this process is fast and there is no gaurantee it will be done correctly... YOU are gonna be your own best advocate for YOU...DONT ever expect that the VA will make your case for you. Educate yourself on how all this works, make sure you connect all the dots for them and with a little luck you will get the decision you deserve. You have to commit to the long haul when it comes to the VA..Good Luck

i would suggest getting a copy of your C&P exams, to see what the examiner put down?? Might help ease some of the stress, not that it means for sure you will win even if its in your favor.You can get them from ROI office or your RO...Good Luck

Thanks everyone... I got the BBE in the mail this past Friday....

Berta, Your posts are always so good. You truely are a tree of knowledge for us all here THANK YOU. I hope your claims turnout exactly the way you want. I recieved a call about 15 minutes after I posted the comment above yesterday from the VA. My claim was awarded 60% retro'd back to 2009 when I filed my NOD. Im still in shock......... Several contentions were deferred as well as the TDIU........So you never know. Youre right my VSO is a fool....if I wouldnt have stuck to my guns and went in for a face to face meeting...This could or would if I get TDIU costed me untold financial suffering. IEspecially if I would have to wait years more trying to apply for something I may well have gotten out of the gate.

I got a call from the VA a little bit ago. Im still in shock, I got service connected on my DRO NOD from 2009 at 60%...paying retro back to 2009....other items as well as TDIU deferred... Thanks to everyone for the advice and knowledge Ive gained from this site. Keep the faith everyone, Good things can and do happen.

We agree on that!......I couldnt believe he told me to trash the thing... He did a about face after telling me for 10 minutes why I shouldnt or couldnt fill it out, once he saw in the computer that the DRO specifically wanted it. Checked unfortunately no change to eBennys......From what Ive learned another C & P is in store and then a DRO hearing so heres hoping. Thanks

Filled it out with NSO and he submitted it. I hear you loud and clear IF I get the TDIU granted. I appreciate the advice about the scheduler 100. Thanks

I appreciate the responses. I talked to my DAV NSO today..originally he had told me to go ahead and just throw the application for TDIU in the trash...( I thought this was insane)...Anyway I dropped by the DAV today to discuss some stuff about my claim. My NSO was still adamant about NOT doing the TDIU app.....That was until he saw in the computer it was requested specifically by the DRO, not just apparantly randomly sent out on the mere mention of not being able to work.

I received a letter in the mail today from the VA. It says that I may be entitled to 100 rate if I'm unable to work (Increased Compensation Based on Unemployability) Basically a form 21-8940 to apply for it. Is this the same as TDIU? Let me back track just a little..Filed my claim in 2008 and was denied 2009..filed a NOD and went over 3 years in Dec. I was told by Peggy that a decision was made on Feb 1st on my NOD. Would I be wrong to assume that my disabilities must have been service connected and at a rate where (ICBU) would even apply to send this form out??? ( OR am I just dreaming that they were) I have no service connected disability at present time. Ive been going crazy waiting for the decision, I guess this is good news that it possibly could turn out really well???? Comments anyone, Thanks

Is there any kind of rhyme or reason to when IF you get your claim approved you can expect to see a AB8 on E benefits? I realize it must be updated I would assume by the same person whos been taking forever on making a decision on the claim....My NOD will go to 3 years in Dec....Talked to Peggy and she says its with the DRO and he has 6 months to make a decision...almost seems laughable as its been almost 3 years already and they have the brass ones to tell me another 6 months! Thanks

Im fairly new to posting here and upon doing a lot of research on my claims a few things struck me. Seems like it would be a great idea to have a link dedicated to Primary Conditions and info on secondary or presumptives to the condition. I know for myself Having Rhinitis and thru researching all I could on the subject, it seems (and i could be wrong) but asthma from what I understand is a secondary presumtive to the Rhinitis? I may be off base, I just though that others that suffer from other conditions and ailments related to the primary condition could really benefit from knowing the info. There may be a lot of others that have no idea what conditions (primary) and secondary may be related or presumptive to one another.

I have one of the last three C & P reports. I have the Rhinitis diagnosed with a nexus provided BUT do not have the polyps at this point so it looks like a 0 rating will apply HOWEVER it looks like SC will be awarded. So if it happens to worsen over time that will be good. The last C & P I had was with Ratings and Compensation Doc( Migraines and my Back ) and it seemed like everything went great ( I watched as he entered all info in to the computer). Its been about 3 weeks since the last exam SO I will go to the ROI to get copies next week to see them for myself. Thanks Ive realized in the last several months that it TRUELY is up to me to babysit my claim. Its my responsiblility to develop and guide my claim. Only a fool would think the VA or DAV would actually do what they are supposed to do.....SOMEONE posted on here the VA is only consistant at 2 things....DENIALS and DELAYS........from my experience that is a true of a statement as you will ever hear. I appreciate those who have commented as well as those who provide such a wondeful wealth of information that we all may benefit from...Thanks

I just recieved a call back from my DAV rep...(Phoenix DAV)...Ive been calling (daily) and leaving my info for a call back for almost three weeks.It seems all but impossible to get a hold of a case officer since there are only 2 and they stop taking calls by 2 each day. I filed a NOD in Dec 2009 so basically its 2 months short of 3 years and nothing. Ive been to several C & P exams the last one about a month ago with the Compensation and Ratings dept. The Dav rep tells me nothing at all other than my case is with the DRO officer and has a completion date of 180 days from now (2013) my mouth about hit the floor. I remind him its been almost three years..he says "yeah I saw that".................I originally filed in 2006 and somehow they lost my app so I went to the DAV and filed in 2007. Just deflating to hear 2013.................

The way I read it Sinusitis has nothing to do with blockage..(thats Rhinitis)..Sinusitis must have active infections that last for a certain amount of time. Really hoping to hear from someone else that has TYMPANOSCLEROSIS or can make better sense of what the addendum means.. Thanks General Rating Formula for Sinusitis (DC's 6510 through 6514): 6510 Sinusitis, pansinusitis, chronic. 6511 Sinusitis, ethmoid, chronic. 6512 Sinusitis, frontal, chronic. 6513 Sinusitis, maxillary, chronic. 6514 Sinusitis, sphenoid, chronic. Following radical surgery with chronic osteomyelitis, or; near constant sinusitis characterized by headaches, pain and tenderness of affected sinus, and purulent discharge or crusting after repeated surgeries 50 % Three or more incapacitating episodes per year of sinusitis requiring prolonged (lasting four to six weeks) antibiotic treatment, or; more than six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting 30 % One or two incapacitating episodes per year of sinusitis requiring prolonged (lasting four to six weeks) antibiotic treatment, or; three to six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting 10 %

I have a few questions, I was diagnosed with mixed Rhinitis and the doc wrote a nexus on the exam no mention of Sinusitis at all? On the very bottom of the C & P report as a addendum it states word for word Addendum: Medical opinion was requested concerning ruptured ear drum with swelling and pain. Medical exam revealed no tympanic membrane perforation or chronic middle ear disease. Tympanosclerosis was noted bilaterally which could indicate a prior history of middle ear infections or tympanic membrane manipulation. Since no perforation was noted on exam, it is not necessary to discuss etiology of a tympanic membrane and thus an opinion for a nexus is deferred. Ive had terrible Migraines/ Sinus infections while on active duty, with my eardrums rupturing (once in bootcamp..once in the PI overseas). I started my claims process in 2007, I had been suffering for many years and like so many had no clue the VA could or would help . I got denied (had no concept of how this whole process worked....and no medical records to speak of).in 2009.......filed my NOD got the medical proof (or at least compiling it) sorry for rambling...anyway My main question what the heck does it mean in the addendum? Do I have a shot for the tympanosclerosis(not on the rating chart) I did look it up and more often than not its a harbinger of hearing loss.....I have noticed hearing loss (have not filed for it yet as well as tinitus) I filed my original claim for several issues and didn't want to slow down a already pathetically slow process by filing anything else till I hopefully win my appeal. A side note my NOD filed in 2009 (dec) EBennefits shows no movement from it being sent in to the VA (DRO). 2 months shy of 3 years! Appreciate the responses Thanks

Thanks, I was very confused by what or how the pay scale worked.

I was discharged in 92 at the rank of E-5...during my inactive reserve time (did 5 years active) I was promoted to E-6.... If I recieve a award for disablilty which rank would it go off of?? Also does it go off of 92 pay scale or would it be based on the current pay scale of the rank attained?? Thanks