Vync

Regarding remands, it is hard to say how long they may take. Of course, the VA says claims are processed oldest first (except for hardship claims). It could be a couple of weeks to a couple of months depending on workload. A different rating at some point might be possible. Here are a couple of possibilities: 1. Human error and/or low-ball rating: A lot of times the RO raters might not accurately transcribe the ROM degrees from your C&P exam. This actually happened to me. I NOD'd it and they corrected it. It might be possible that the BVA could have caught an error and are asking the RO to correct it. 2. Correcting EED: The part of the 30% not covering the entire period of appeal could mean that your rating might be backdated to the original claim date and the BVA caught this. For this to happen, you would have had to keep the appeal alive. 3. Tiered ratings: Sometimes the VA might provide tiered ratings, which basically means that your rating might have met different rating % criteria tiers for different time periods, maybe even higher than what you were awarded. For example: March - May: 20%, June - Oct: 30%, etc... This would be based on the evidence of record. Maybe the BVA found something. Only one way to find out. Asthma ratings are commonly tiered out because some of the criteria to meet 60% is considered temporary, so they bring you back in, re-examine you, drop you to 30%, until you again meet the 60% rating criteria - rinse, repeat, until it a static rating is obtained. 4. Another C&P: If it has been over a year, the VA might request a new C&P exam. The idea behind this is that it has been a while and they want a new exam so they can rate you based on your current state. This does not always happen. The BVA might have remanded your claim to the RO to get a new C&P or they might have simply slapped the RO on the wrist for being stupid and are requesting they go back through your records to ensure you are given the correct rating %'s over time (see 1, 2, and/or 3). I'm not sure if this helps, but based on what you posted, I tried to assume some possible answers to help you make some sense of it.

Here's another link detailing the Live Manual, but for access to it, they point back to the root URL boomer provided. http://www.blogs.va.gov/VAntage/24373/24373

Several years ago, I talked with a VA attorney. Based on the details of my claim, they recommended waiting out my NOD and seeing what happened. If I was denied, they offered to sign on and help with a BVA appeal. Luckily, due to the great resources and members here at Hadit, I was able to win and did not need to get into the BVA line like I did for my original claim 20 years ago. In my case, I was not about to be homeless nor was I critically ill the entire time. I was impressed that they listened and didn't just try to instantly sign me up. I can't say that one attorney is better than another, but everyone's situation is different.

There is a tremendous difference between normal aging wear and tear compared to combat injuries Gastone's advice about having your NOD locked and cocked is spot on

Hang in there! I had to get several hobbies to help pass the time so I could get my mind off of it.

Wow, that is not unheard of. If it turns out that your TBI/HA claim was truly in deferred status from 2003 through 2015, then that means the claim was never closed (additional information is below). Your original effective date for TBI/HA could be corrected back to when you originally filed. It looks like they are treating your recent claim as a new claim, but not necessarily as continuation of an stale claim. First, double-check your records to make sure. Second, let's make sure the VA records match what you have. This step is optional. if you haven't already done this, it might be worth requesting a copy of your claims file (c-file) from the VA. The reason for this is to double-check that they didn't send you a denial letter at some point between 2004 and 2015. If the VA has a copy of a denial letter/statement of claim (SOC), then that means you were notified (even if you never received it). It happens all the time because people move or mail gets lost. Keep in mind we have to prove the VA received our mail, but they don't have to prove we received their mail. If there is not a denial letter or SOC letter, then I think you are in good shape. Although this step is not a requirement, it would be worth knowing.

There are a lot of possible advice to offer in your situation, but the first place I would look is the C&P exam results. This is supposed to show what the doctor considered and their actual findings. The C&P doctors are supposed to be provided your VA claims file (c-file) for review. Unfortunately, not all of them actually look through it. And even worse, some of them never have access to the c-file and just try to wing it. If you can post the content of the C&P exam, but omit any personally identifiable information, the Hadit family can try to help. Let's take a look at the exam to see if the QTC contractor doctor screwed up. BVA citations are often beneficial, but are not necessarily precedent cases. Some raters tend to view them as being specific to the involved veteran, while others take a more common sense approach.

Was the 2003 TBI/headache claim ever denied or did the VA just completely ignore or forget about it?

You got both "more likely than" (75%) and "as likely as not" (50%) in there, which usually is good, but pwrslm is right that the weight of a neuro doc specialist exceeds that of a general practitioner. Also, keep in mind that all EMG's are not created equal. In my case, confirming cervical radiculopathy while laying down it was negative, but while sitting up it was positive. Gravity is a very real factor, even though some doctors don't want to admit it. Be aware of the acronyms. These are all different types of nerve impingement (where something is pressing up on your nerves). CTS can mean either "carpal tunnel syndrome" (which is in your hands/wrists) or "cubital tunnel syndrome" (which is in the elbow and is also known as "ulnar neuropathy"). Cervical radiculopathy occurs in your neck, but can cause problems in arms, hands, head, or other places. As info, I had multiple nerve decompression surgery via a private surgeon to correct carpal and ulnar tunnel syndrome. They made a total of six incisions in my hand, forearm, and around the elbow. I also had similar surgeries on each leg around the knee, ankle and foot. It helped, but didn't completely go away. Thought I would share this with you in the event that yours starts to drive you so crazy that you consider surgery.

Yeah, I can definitely see green being a factor. If they processed everything adequately the first time, instead of the typical delay and deny tactics, then there would not be a need for all of the behind the scenes red tape. They are more worried about funding their own staffing levels to sincerely care about those who they serve.

They sometimes run maintenance over the weekends. Apache is a web server product. Most likely they may have been running maintenance on the back end systems.

Hey Buck, All pharmacies give out the medication fact sheets to protect themselves. Of course, the VA does this too because it is the law, otherwise they probably would never do it. The fact sheets usually list side effects to varying degrees, such as "common", "rare", and "call your doctor immediately". All the C&P doc has to do is compare your long history of treatment [whatever condition caused by med side effect], look to see the highlighted side effect, and then write a nexus. Well, that is unless you get one of those anti-veteran docs.

Perhaps. Instead of the old days where everything went into a void until you suddenly get something in your mailbox, the VA has taken a more high profile perspective in the news due to scandal after scandal. Because of it, now they give just enough of a peek behind the VA claims processing veil to present the appearance that something is happening and periodically offer a glimmer of hope. I think some of the employees started working at the VA because they wanted to help, but comfort can breed laziness. After years of the same old same old, never ending piles of c-files, managers breathing down their neck, they may have just given up and are biding their time until retirement, but are less concerned with helping than they are for closing time to arrive.

The Montgomery Alabama RO and VAMC are adjacent to each other. I guess veterans served in that area practically go to the RO for the C&P exams. Check your travel amounts and see if the first three for a given calendar month are less than all the others.

Berta knows her stuff. Don't discount the obvious. Check both sides of his medical records. Some doctors like to write on the back. If you or family kept any letters or c-ration messages he sent home, they might be able to shed some light on things. As difficult as it might be, sometimes this might be able to help.

Some VA C&P examiners hesitate to diagnose PTSD at all and are jerks about it. They start by saying you have an "adjustment disorder" and want to see months or years of treatment before they apply those sacred four letters. Many may not only have PTSD, but may also have other problems, such as agoraphobia, which is the fear of crowded places. Regardless of what MH conditions one has, the VA RO gives a single rating based on the functional impact it has on your professional and social life -- not just one, but both.

Congratulations James! Regarding the VA declining to help with your law school student loans, that money was diverted to pay for more up and coming VA scandals...

Wow, six months? Well, at least you know it is in the system. Just don't go out and spend it ahead of time - wait until you see it in the bank. Yeah, the VA like the PTSD part to be confirmed by their own people. This part does not make any sense at all to me. The depression part should not really matter, but I guess because it was tied to the PTSD claim...

Broncovet, I wonder how much taxpayer purchased booze was involved in that hungry hippo game... It could also explain why the VAMC is so insistent on not giving out pain medication any more. This has to be where it goes! Lol, FDC, c-files, heh...

Congratulations Mo! It is great to hear news that the VA is actually doing something right!

Getting through to the 1-800 number lately is actually something worth celebrating I was told something similar, but got to the VARO and they laughed at me. It took months to get my appointment and I had to mail in a request in writing. I would recommend you call back in a few days to see if the appointment is actually in their system. I would not want you to drive all that way for nothing.

It is a shame this was a single judge decision and is not applied as precedent...

Great information, Broncovet! Thanks for keeping us informed!

Buck I'm not sure if this might explain it, but at the Birmingham VAMC, they take a $6 "deductible" from your first three round trip travel vouchers for a calendar month. Any others after that you get the full amount. If your MH appointments are toward the end of the month, that might be why. I believe someone told me that C&P exams are not subject to the "deductible". I personally don't see the "deductible" as anything short of the VAMC's skimming off the top. I hear stories that it is used for local VAMC "purposes", but truly believe they are enjoying ripping us all off. Even being 100% P&T, they still confiscate the "deductible" from my travel checks.

At the Birmingham VAMC, half the kiosk's have "out of order" signs on them. It makes me wonder if some government union employees printed out the out of order signs and just go around randomly putting them on the kiosks. Also, ours do not process travel yet. I always tell the clerk I get travel in hopes they print out the voucher before my appointment is over. About a week later, I get one of those Statue of Liberty treasury checks in the mail along with a printout so I know what day was being paid. When I cash them at the bank, they always joke and tell me not to spend it all in one place.