New Twist

[JayBrown1]

Received an IRIS today on my claim and gave me a new twist to my neverending saga at the VA. It stated "Congressional Inquiries usually require a written by the Director. Your file was ready to make the rating decision, but had to be pulled for the congressional response. The management analyst indicated that the file has been sent back to the rating team so the claim process may be continue."

Why would they pull it just before making a decision besides delaying a decision on my claim?

[Chuck75]

Pure conjecture says that the system is afraid of making a decision that might be questioned by the member of congress. So, more review is done until someone in a position of authority releases it.

"Why would they pull it just before making a decision besides delaying a decision on my claim?"

Received an IRIS today on my claim and gave me a new twist to my never ending saga at the VA. It stated "Congressional Inquiries usually require a written by the Director. Your file was ready to make the rating decision, but had to be pulled for the congressional response. The management analyst indicated that the file has been sent back to the rating team so the claim process may be continue."

Why would they pull it just before making a decision besides delaying a decision on my claim?

[danang_1969]

I think I have the same situation going on. I filed a NOD with a De Nova review in May of 2007 and I also requested congressional inquiry in May of 2007 and and the inquiry has been noted with the VA in congressional interest in my case. Since I filed the NOD with the DeNova review in May and in my opinion proved and documented beyond any reasonable doubt that there was clear and mistakable error in the May 2007 denial aqnd alll previous decisions. 4 Months after I filed the NOD and De Nova I receive another letter to go to the VA hospital for C&P exam on PTSD. With the kept appointment, my diaganosis was confirmed on PTSD by the VA doctor. They set me up for treatment a week later. I have had one appointment and haven't heard anything other than from the congressman's veterans rep that my claim was being processed. What does that mean. I have heard nothing more form the VA since the diagnosis on the PTSD. Anyone got any advice or answers for me. Oh I file this claim 9 years ago in 1997.

This my first post on hadit.com since joining. It has much helpful info.

I have all my claim in of 9 years and 3 denials and all my documents compiled in one location in a brief case and also my

computer for my wife to follow up just incase I don't make until the fight is over. Just a thought that everyone should let there spouse know the proceedure the follow on a least if there is any back pay involved.

I've already been diagnosed and they are still dragging their

feet. The iris request is useless in Arkansas as far as I can see. I ask a question after I had been diagnosed with PTSD by a VA doctor and receing treatment for PTSD and this was the reply from the VA on the Iris.

My request:

Thank you for the reply. My C&P exam requested by the de nova review board, has already been performed a few weeks ago, in August of 2007, my hearing exam in May of 2007. I have already began had first treatment for PTSD and in office visit at at the Hot Springs VA clinic. They are teating me for PTSD and other disabities steming from PTSD and secondary to PTSD. Maybe the question I should to ask is, has the the appeal board received the information and the confirmation and the dianosis of PTSD from military events and in-service-stressor in those examination. Both exams have been confirmed by VA doctors on PTSD and hearing loss. Just curious if those reports had been received by the review board in the NOD and De Nova review. My PTSD exam was at Fort Roots in Building 66 room 105. My hearing exam was also at Fort Roots.

Thanks again

respectfully,

In response to:

Response (Department of Veterans Affairs) 09/10/2007 04:44 PM

A review of our records indicates that you currently have an appeal pending with our office that involves entitlement to service-connected compensation for several disabilities. As part of the de novo review, we recently requested that you be scheduled for a C&P examination at the VA Medical Center. Once this examination is conducted and the results are received in our office, further action will then be taken on your appeal.It is further noted that you are requesting additional information regarding a claim you filed with our office back in 1997. We regret to inform you that Freedom of Information Act (FOIA) Privacy Act requests cannot be processed via the Internet or by e-mail. Federal regulations contained in Title 38, Code of Federal Regulations (CFR) 1.553 require that FOIA requests:--must be in writing--must have the signature of the requester (please note that electronic signatures on E-Mails are not acceptable for FOIA requests)--and must contain a reasonable description of the information desired so that it may be located with relative ease. Any requests not made in writing and containing the requester's signature and a reasonable description of the requested information will not be processed. Signed FAXES are acceptable and will be processed promptly on a "first-in, first-out basis", which is the method sanctioned by federal courts.Questions and requests for Veterans Benefits Administration (VBA) FOIA issues may be addressed to:VBA FOIA-Privacy Officer Administration Division Voice 202-273-6710 FAX 202-275-5947

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message. If at some future time we can help you on a different subject, you may submit a new inquiry at https://iris.va.gov, call us toll free at 1-800-827-1000, or visit our web site at www.va.gov.

Sincerely yours,

Veterans Service Center Manager

253/217 KG

Veteran/Inquirer 09/06/2007 11:46 PM

I hereby request notification on the status of my claim C&P first filed 9 years ago in 1997. Also, please estimate how much longer is expected in waiting for decision and/or rating. I recently filed a NOD with a DeNova in May 0f 2007 on my hearing loss and other disibilities that are secondary to PTSD and exposure to agent orange, among those conditions and disabities was PTSD which was confirmed by VA doctors and I am presently be treated for PTSD.

Thank You

9/06/07

Once the examination has been conducted. It was conducted and confirmed a month ago. And the hearing loss in May. What do you think guys????

Edited September 11, 2007 by danang_1969

[Berta]

Danang-Did you obtain the results of the PTSD C & P and did you yourself submit the diagnosis and exam findings to the RO?

We have discussed CUE claims here many times-

Only for final unappealed decisions, that hold legal error, to detriment of the veteran.

In my opinion writing for COngressional inquery on a claim is a waste of time.

Senators and Congressmen and women are not raters and have no control over the claims process.

The VA gets so many congressional inquiries on claims they are not intimidated by them at all. It gives them a break.

The claim gets pulled to sit on a desk where the Congressional liason person takes their sweet time to respond.

Congress does not win claims- evidence does.

Did you clearly state the legal errors VA made- with legal citations from 38 CFR in your CUE claim?