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brokensoldier244th

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Everything posted by brokensoldier244th

  1. I wouldn't know unless I knew 'you' to look it up. Every fed records request we are getting at the VSR level has its suspense dates kicked out 30 each time it comes back around for the time being because the requests themselves are queued up and the only records that are being located are for terminal, AO, over age 85- stuff like that, and even that is on a limited basis. We don't 'close' records requests, at least on my end, unless there is a negative response- meaning "we can't find them...." not just a non-response. We have to get something back from them before we close it out
  2. There is no one working in the National Records centers due to covid. The records centers don't have remote access to records, so all fed record requests are backed up. It is for us, too. CAS
  3. The claim was reopened with the same filing date as your original. So, more development required from va and, presumably, your end Plus, someone is going to get a bag of nasty grams for rating it that way the first time.
  4. So its all back/nerve related, okay. The altered gait shouldn' be too hard to show if its there. Do you wear out shoes more on that side? Do you have pes planus/fallen arches? Lower back conditions can contribute to that as well, as another secondary condition, usually more one foot than the other. When the back doesn't transfer mechanically as well as it should other skeletal systems take the brunt of the weight. I am SC for low back DDD and bilat sciatica among other thing, and pes planus is aggravated by it. I had that before I went in a little bit but its been accelerated by my shorter ste
  5. were you injured or did you have hip complaints in service? Thats going to be the first test- if there isn't that, then you will have to secondary connect it to something you already have going on.
  6. Then that is a VAMC thing, I apologize. I thought he was talking about the claims side of things. I see everything as soon as its uploaded. I don't know what the VAMC does. I can log into CAPRI and see things in there as soon as they are added, and the date on the listing matches the date on the documents. I don't see a 30 day delay on that side of things.
  7. The 30 day suspense is because VAMCs and Contractors are not all open in all locations. They aren't delay tactics and they don't close out your claim. There is no "30 day delay", as soon as the contractor sends the results are are added to your record electronically- thats where I get them from, because they are already there. As for not getting a C file, what do you want us to do? OPM has directed ROs to not have in person employees depending on local conditions, with a phased opening process dependent on local covid cases in the area where the RO is located. Im sorry if that upsets you,
  8. Did you contact the contractor directly? The examination results would be in your C-file, but the contractor would have to release the records to you only if you directly request them. It may differ between them, though, as to what their release policies are. If you have your C file you have all of it, but that takes a long time, and even longer now since a bajilion percent of us are working from home.
  9. If the opinion wasn't completed correctly by the contractor, or if it differed significantly from the record, then the Rater would kick the claim back to one of us to schedule another exam. We have no input on that. We don't participate in the ratings portion at all.
  10. Okay- there is clarification there that wasn't in your initial post. Thank you for that.
  11. I have no idea, I can't answer to that. If a veteran has symptoms/condition then the examiner is supposed to say so, or not, end of story. Whether or not it equals loss of a contract or whatever, and who pays for it, I have no idea. I don't think anything when I schedule exams about money- I just schedule exams. It Congress's job to allocate money to VA, so if there is an issue with comp pay THEY can figure that shit out. Its way above my paygrade and if they don't like that I schedule as many exams as I do (because im a beagle for finding things in records) they can fire me. Though, sin
  12. It’s happened to me either time sometimes. Depends on the examiner.
  13. No, but the work chronicity has meaning, and if you go to the doctor for 1 thing 1 time in your entire military career you are going to have a difficult time no matter who does your exam establishing that it is a chronic issue requiring continuing care. M-21 IV.ii.2.B.b.
  14. Cfrs are only changed once a year. I think title 38 comes out in July of each year https://guides.ll.georgetown.edu/adminlaw/updating-regulations
  15. https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/topic/554400000004657/VA-Changes-By-Date
  16. You can apply for it, but every EED decision is a rating action and so is eyeballed by a rater- I don't work in ratings, so, unfortunately I didn't spend 6mo + just focusing on ratings activity and all that goes into it. It is its own planet, literally. Can't hurt you, but the payoff in stress and waiting may or may not be worth it to you.
  17. There is way more than working from home that qualifies it as sheltered. You would first have to have documented that you asked for accommodation, and the working from home would have to be determined just for you. Then doctors statements, and employer statements about how the job had been significantly modified just for you
  18. Did you appeal the original decision? If you did not, within a year under the old appeals system that started in 2019, then you lost your earlier effective date. You could appeal on the basis of the missing records but M21 only requires 2 attempts and a 'negative' response from the service agencies in order for duty to assist to be satisfied (CFR 38 3.159). Under the new system you don't have an appeal cut off after a year to file a supplemental claim (appeal). You can still opt for the old system of appeal filing, I think, but then you fall back onto not filing within a year.
  19. If that is the effective date they gave you, yes. But that 10% isn't always going to be enough to result in a change in rating that equals compensation. For example, I won my tinnitus claim years ago when I was rated 60, but overall it didn't raise my rating enough to go to 70 percent, so even though I won my claim it didnt result in more money. VA math isn't hard, its just not 10% + 10% = 20 percent. Their math is the same as insurance companies. You are 100% able and whole, you get rated 10%. You are now 90% whole. hen you get rated 20% for something. The next rating comes off the 90%, it is
  20. Or, like me, they went to active status after drilling a few times pre-ship, got hurt due to a faulty obstacle during a post AIT training exercise, and then sat around for 6 months waiting for them to decide on a medboard. If you are a reservist active for training, and are injured permanently resulting in discharge the normal active service requirements doesn't apply- for compensation. GI Bill and all the other stuff is subject to a certain number of days active to be eligible.
  21. If you are looking on Ebenefits, then yes, most likely. It rarely shows accurate amounts. I know for a fact that I used all of mine years ago, yet I still have 1 month according to them. Since I used Voc Rehab it would have used all of my GI bill. You can combine them for a total of 48 months, since GI bill I think is only for 36, but you can't exceen 48 unless you are in Voc and are determined to have a serious employment handicap(s) by your counselor.
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