Ethan'sGrandma

Thank you all for your responses!! I have not submitted any form for TDIU since I had no idea where my claim was going. I will have to await their official letter to see what I need to do for that. I am considered unemployable by SSA and have been receiving that benefit from long before I submitted my VA claim, not aware that I was eligible to submit a VA claim. I don't remember what issues I had applied for from SSA, but they were all related to my conditions, still. If the TDIU was deferred, will I still receive an award for the 70%, or will I have to wait before I receive a benefit? Again, thank you very much for all your help!!

I have not gotten an official DVA notification, but got a letter from DAV today, although it notes that VA "reserves the right to modify the decision prior to your official notification," that VA has made a decision. They state I was assigned a 70% evaluation for PTSD , entitlement to individual unemployability is deferred. Gosh, I know I should be excited, if in fact VA maintains the decision, but this feels like such a long, hard road that it's not fully hit me, yet, although I am very grateful that it may almost be over. I do have other claims in that are not even mentioned, but may be mentioned when I get an official VA letter. I have been working on this since 2005, determined to not give up on what I knew was the evidence to sc. Finally, somebody found it and read it, without it having to go to BVA which was what I was expecting, at this point. I've been in treatment for so long, but did not submit a claim until 2005, not even knowing that I was eligible to do so. I think the clinker was the last C&P exam where the examiner did a little tidbit of stumbling around my diagnosis, but conceded that PTSD was one of the assigned diagnosis and that it was related to service. Can anyone share with me what is "deferred?" Will I need to submit anything else to them, or will VA consider it themselves? Will that mean another appeal for me if not conceded? I profusely thank everybody on this site that has responded to my questions, in addition to this site for all the information available that has been a tremendous help when I felt so lost in working my claim. Thank you so very much!! I wish much success with their claim to all that are still working their claim. Truly, please stay determined!!

deanbrt, Thank you for the encouragement...I hope so too. Love the smiley face...thank you!

Thank you very much, deanbrt, for taking the time to respond...so very much appreciated.

71M10...thank you very much for your reply. Well, at least I got a smile today at the way you describe the process (rolling my eyes at their suggestion to call peggy at 800#) as it certainly fits with my walk with this claim. Thank you for your guesstimation as I am thinking along the same lines...VARO has made a decision which remains to be seen what they did this time. Gosh, I am so hoping this is over for me for what has been years fighting VARO with so much misinformation on their part, but if not, I'm not giving it up until I die!! Geez, I many times have been left to wonder if they're reading the same stuff I am, but it's been what it's been. No, it wasn't me trying to expedite my claim, just trying to get a fair and objective look at it, without it taking the rest of my life (years are catching up on me). I attempted on ebenefits for any letters, but there is nothing there, nor will amounts change because I have never received any benefits from them. I had a lawyer lined up for this claim because I feel like I can't do this alone anymore, but did not hire the firm once their contract crossed in the mail with the call for the new C&P. At that time, I decided to wait it out and see if VARO would do the right thing after the exam information was received by them. I'm now hoping that if this is simply another denial, the attorney doesn't just shaft me because I didn't comply with returning a signed contract, although, I did let the firm know about the new development on my claim, thus the reason why I wanted to give it a chance to see if the process would work. I know that an attorney is not going to just make it happen, only evidence will, but the evidence has been there all along, but at least they can deal with what I have felt has been an overwhelming process better than I can. Well, I'll just have to wait for that VA notice, one way or the other, but thank you so much for the smile I got out of it...made my day on an otherwise not good feeling day while dealing with this crazy ride for me of this VA process.

Thank you, deanbrt... I am still stumped if it was certified to BVA with no information to me whatsoever. Thanks for the number...I will have to get to doing that. If it was not granted, does the file still return to VARO?

Hello there and thank you much to anyone that will respond as I am trying to figure this out. I am stumped by what ebenefits is showing...I'm aware the site is not always up to date, but this one really stumps me. The status on my claim states that the BVA has made a decision, I will be notified, and the file was sent to VAMC. The thing is I was not aware my claim was at BVA, no notification, no docket number, zilch. Last I'd heard, my claim was still sitting at VARO, albeit, some new movement such as sent for newer C&P exam. I never received a letter from VARO, but a phone call from VAMC for the scheduled exam which I did attend. My previous exam had been noted by me to VARO as an inadequate exam, but the latest one was much more thorough, even as there were still few mistakes on it...what I was said to have said vs. what I did, in fact, say in the interview. Besides, the latest denial was just this past December and BVA would not move that fast, which is making lesser sense. Has this notation showed up for anyone else on ebenefits? Does anybody have any idea what this could mean? If, in fact, BVA had my file, why would it now be sent to VAMC? What usually happens with a file once a decision, for or against award, when BVA has made their decision? Additionally, it is noted as appealable which makes me further wonder if it's denied? Thank you to anyone that takes the time to respond...

I recently had a C&P in April. I waited for it to post to ebenefits as returned to VARO...about 2 weeks. I, then, went to release of information at the VAMC and obtained not an actual summarized report as I've seen before, but the completed work sheet for the type of exam. VAMC did not have a summary. I actually liked the worksheet information much better because it had everything for each question, not just a summary from the doctor.

qwiksting, IRIS is written communication with VA through the internet, like an email...they will respond to your question, but it's not always correct, as I have found. You access it through the VA.gov website and ask the question through their site.

I don't know if the claim is moving backwards, forward, or just protocol, but after the last inadequate exam, I am scheduled for another C&P exam for PTSD which I hope will follow proper procedures. I was not expecting the newer information since my claim was on board to go to BVA (per VA info.), but then I received the usual letter from VARO that they are still working on my claim, so I can't tell what is going on. I thought I was done with this, waiting for the claim to be sent to BVA, but this is an unexpected change to what I was expecting. I did rebut their last denial, so I can't tell if it has anything to do with that, but there was more documentation included that I recently found in going over my papers again. Well, this could be nothing, but I felt I had to put a lawyer that was going to take my claim off for a little bit to see what VARO will decide after the C&P. I, also, recently attended a scheduled C&P exam for headaches, but doubt it will amount to much because the doc's wording does not seem to fit what I noted in the ratings. He said that the headaches keep me from being able to work to a degree, but then did not mark the area for prostration (spelling?) My headaches began after being hit on my head several times while on active duty, did receive treatment for them, but they have been ongoing. They are connected to the PTSD-MST related claim that I have in the system which, to date, was last denied. Anybody have any suggestions? I would appreciate any feedback...thank you!!

In order to figure the %, you need to list the individual % ratings, not the combined one since it will be added together (for all) using VA method. The extra award % is not just going to be added on, but will be part of the total combined rating. Hope this helps...

Gosh, just when I thought my claim was going to go on and move forward, already, for another set of eyes to look at it, since it was heading to BVA, I got a last minute call for a new C&P. I find the system so confusing and wonder if this is just another delay? I'm grateful that I will be given the new exam as I'd rebutted the last one as inadequate and VA had to have seen that with matters of record not matching the examiner's report, but they'd not responded prior to now, except to say that the claim was soon to be certified to BVA, but yesterday I get the call for a C&P appointment for Monday. I can't help but wonder what occurred for them to take a step back. I know that many agree that it's best to have the claim at VARO, but for as long as they'd been messing around with my claim, dubiously I might say, I was glad to know that it would be moving on. Now, I have the upcoming C&P and another one that I saw on ebenefits that has been scheduled for April. Monday's one is for a complete overall exam according to the information I obtained from the woman that called me to set it up. The one for April is with a psychologist. The one that I had previously was with a psychiatrist which was the one I disagreed was adequate. Is anyone familiar with these types of changes in how a claim is handled...going to BVA, but then resending for C&P's? Then, in today's mail I get the letter showing the exam appointments, plus notification that "we are working on your claim," even as previously I was informed the claim would soon be certified to BVA. I would appreciate any/all feedback, please. Thank you!!

ATVer, My son, although a bit older than you (he's 30) recently was approved for SSDI benefits on a re-application. He has not bothered to request a higher rating from VA, so remains at 40%, but still was approved for SSDI. I was allowed into the hearing as a witness, so I observed what they (judge and vocational expert) seemed to be looking for. Besides a few questions about treatment, Activities of Daily Living, and what he actually did on his last job (they already had all that information in documents, but asked them to him directly, again), the most time was dedicated to the vocational expert's opinion. They tried to come up with at least three low skill jobs he could still do, but the doctor's residual funtioning capacity documentation, along with his attorney's pointing all the wording in that, was what sealed the claim, in my opinion. I have to say that the vocational expert in this case was very fair and honest about what the expectations of any employer would be, in opposition to my son's abilities. So in the end, when the judge asked if there was any job in the economy, taking into consideration his limitations, and for low skill jobs, if there was a job he could do, the vocational expert said, no, there was not. In their going back and forth with the job capability, many things were looked at, such as pace, concentration, getting along with co-workers, authority situations, ability to timely get to the job, ability to perform a job (time-wise) to any employer's standards, etc. It's interesting how the vocational expert changed his opinion (at first he did find three jobs available in the local economy that were doable) after the attorney pointed out from the doctor's documentation the limitations that would not jive with substantial gainful employment. They also discussed percentages of work time lost allowed by employers and the attorney was able to successfully argue that the % would not match with the limitations. The last statement from the vocational expert was that even if my son could get a job, he most likely would not be able to keep said job, due to his limitations. I further found it interesting that the vocational expert stated that employers are in the business of making money (he made note of it's all about the money), so they are not going to keep someone that is costing them money. Previously, he'd been denied through the hearing level, and it was not reviewed at the final step, so this was a new claim. Now, if he wants to fight for an EED, he would have to sue in federal court, but even the attorney is of the idea to just take the awarded benefit and run because as with everything, one never knows what the outcome of that would be which could also jeopardize the awarded benefit. Now, what I did make note of in the approval letter, which I suspect is based on his age, was the recommendation by the judge that he be reviewed in a year due to possible recovery. That doesn't mean it will happen that soon, but she did recommend that. So, there is always the chance that, although, you don't have a higher rating from VA, you could still succeed with SSDI. BTW, my son never was sent to a compensation exam by SSA, but all the medical information was from VA records. However, the attorney did not want to rock the boat with that because, as he shared with us, the more people involved from their side, the more likely the decision would be unfavorable. The evidence, as in all types of claims, is what's going to be the impact, including the residuals the doc's note. Additionally, a prepared attorney can help a lot. On the last claim (denied) we did not feel the attorney was prepared. Best of luck with your claim!!

My VSO doesn't keep any hard copies, either. Whatever I send to him, just so it can get date stamped by VA, stays with the C-file.

Thank you for the replies. The verbiage did not make any note of the claim for depression at all, only the claim for PTSD was mentioned and denied. There was absolutely no reference to a claim for depression, not even a mention of it. This claim is already on appeal, but I was wondering if that's how they operate...just omit a claim? I've already written them asking why the issue was omitted, but I don't expect a response, honestly. Again, thank you very much for any responses.

Hello To All, I have a question regarding a denial...wondering if anybody on the site has an idea of what this may be? My original claim for benefits was for PTSD, depression, and skin disorder. In a past denial, the skin disorder simply disappeared from the claim with no further mention of it. When I went to a hearing years ago and questioned it, it was put back as a claim. So, again there were the three noted. Now, in looking at a denial, I notice this time the depression claim has disappeared. There is no mention of it, not deferred, not anything, just not even mentioned, simply disappeared from VARO verbage. So, is it safe to presume they are deeming it denied, without mentioning that claim issue, or just another mess with this VA claim? Thank you for any responses.

It doesn't appear to me as if all the VARO's are working as they used to. I sent in a claim back in May, 2011 and never got an acknowledgment, either, except from the certified P.O. receipt which I've learned also can mean nothing. Other P.O. receipts showing received have still become a problem when the person signing for the paperwork is the mail clerk, but documents still get lost, or VARO still claimed they never received it. Finally, on Saturday I get one of those form letters from VARO stating "We are still processing your application...We aplogize for the delay..." Interesting, since they'd not acknowledged ever having received it, except what I can see on ebenits which is not very much! Well, at least on ebenefits I was able to see that they had actually received it, but the VCAA letter never made it to my mailbox. I hope it gets better before it gets any worse! Good luck!

lp56, I'm sorry the rep dropped you like that...mind boggling stuff!! When there are not actual "reports," it seems to be more difficult for PTSD, MST related, or so I've been told. Of course, that makes no sense since that is why they've allowed for the "alternative" evidence. True, the alternative evidence is supposed to suffice, but it still has to fit for what VA is looking for, yet it does not always happen, nor is the rule always applied across the board consistently. There have been bills introduced for MST related, but just going through the process at this point, so not definite at this point. Hopefully, you will get a favorable decision from the DRO, but if not, please do not become discouraged. From a long-term rep. that has helped many vets, including with MST related PTSD claims, the added info. that I received is that MST claims are difficult because of attitudes. Your rep sounds a lot like mine, but you are your own best advocate. At some point, you may want to consult with an attorney, depending on what decision you get. Best of luck!!

Thank you for all your help!

Thanks for the replies! Fanaticbooks, I didn't find it on that site, but I may have missed it. The one I'm looking for is referred to as Training Letter 11-05 and the subject is: Adjudicating Posttraumatic Stress Disorder (PTSD) Claims Based on Military Sexual Trauma (MST). It seems fairly newer from the info. that I got and I was not able to track it online. If anyone knows where more I can look, I'd appreciate any info. Again, thanks!

Hello All, Does anyone know where I may be able to find training letter 11-05? I looked on hadit, but it's not on here yet. Thank you!

Hello All, Wondering if anyone on here might have any info. available on how to obtain info. from unit log/roster from 1978 for Army unit? The NPRC only has listed on their site for Army up until 1974, but nothing for years after that. There was a report from me to the CQ of the day, later to the unit First Sergeant and am trying to see if I can get hold of any info. since the VA has not made any attempt to locate. Thanks for any help!

Thank you Berta and Carlie for taking a look and responding. Frankly, I don't know if VARO has conceded the stressors since I've not had any further contact from them, but I do have several of the "alternative" evidence in the file, some of which VARO missed, but I'd sent them my copy of what they already had, but missed. I know they missed it because one of the things they came back at me with was that I didn't have any requests for re-assignments, which was clearly in my military record that they, themselves, sent to me with my C-file copy request. In fact, after having gone to the Army clinic, with the complaints of depression and anxiety, not receiving any medical assistance for that, I was so desperate that a mere four days later I submitted the request for re-assignment as far as I could get from my then current abuser (fellow soldier), but the request was denied due to a shortage in our unit. There simply seems to be no logic to any of this claim procedure. The request for re-assignment was submitted less than two months after I'd entered a very abusive marriage which would not be logical to have done, just as the only way I could think of to get away from what was happening to me, if the facts did not correlate. Additionally, there would be a report if VARO requests unit logs because there was an incident that was reported by me, immediately, when I was living in the barracks (prior to the marriage) and an unknown soldier was able to gain access to the women's side of the barracks and into my room while I had been asleep. I reported it to the CQ of the day and to the First Sgt on the next work day. I don't have access to those records, but I gave VA the information for that specific event, which is also MST related which, I'm surmising, would have gone into the unit log. In the VCAA letter as far as I can recollect, VARO noted the "alternative" info for my type of claim. They had some all along (missed in the file) and I submitted more to them. That's at the point where I was sent for a C&P exam, but they never said whether the stressors were conceded, or not. One of the other arguments that they held to (another missed item in the file) was that I could not prove mh treatment prior to 2002 (treated from 1982-1994 as a military dependent and all outpatient records can't be found), but even from civilian care from 1994+ the mh records were available to VARO, but the SOC still stated nothing prior to 2002? At a hearing in 2009, I had recently tracked down inpatient records from military mh health care going back to 1983 which I submitted on the day of the hearing, but the claim was still denied at that time. I simply do not know what more they want from me to give to them? As my claim still sits at VARO, not having been processed for BVA as of yet, I am still trying to learn what it is that I have to do to get this claim going. I did also submit a summary from the MST Vet Center counselor, but I don't know if that one is any better than the one from the VA psychologist. Can anybody suggest what I should be looking for in what has already been submitted, or what more I can get that would help my claim for documentation? What is the "nexus" that they may be looking for? Thank you much for your assistance!

Great, great news!!

This is the letter I obtained from a VA Clinical Psychologist. I would appreciate comments on what may be missing from this for VA purposes. Thanks to all!