Got A Call From The Va Regional Office

[jessie0054]

Hello Everyone:

This morning as i am working on the NOD for my son's Claim for a reconsideration in the rating decision for his Blood Cancer. As most of you know that by reading my many post that he was given a rating of % back in March 2007 but should have gotten a 40% rating because he is receiving monthly phlebotomies.

Anyway the VA called for a couple answers because " We are going to sign off on this claim and need a couple questioned answered"

They wanted to know how many dependants he had.[ Gee could have been answered if they read all the file] he has one son.

Am i to assume that they are going to approve the rate increase to the 40% rate since they ask how many dependants??

I hope i'm not reading too much into this but sincerely pray that i can write a success story soon:

Jessie

[jessie0054]

Jessie-that is great news!

except for their error in the EED-

I would Recon request on that too-or put it into the NOD you were preparing-geeez-

what medical rationale could they possibly have used to award but only back to the reconsideration date?

In the decision letter it states " The effective date in your new evaluation is the day your treatment reports show your initial phlebotomy"

This is not true and if they had read all the material it should have taken the date at least back to November 2006 since that is when his Blood Cancer became active again and he was then started on Phlebotomies again after a period of nearly a year in the stable stage. Even at that i think it should have gotten a 10% rate from the date we opened the claim in Feb. 2006. Reg state's this condition {Polycythemia Vera" is payed at the rate of 10% when stable.

what are they thinking when they do this stuff?

Thank you for helping him!

Best to enjoy this victory for a few days and then decide on next step- I dont even know if you can ask recon for a recon request that was partially granted- ???

Actually i called a cue on this to began with Since they didn't read the Phlebotomy records sent in the first place that would have changed the outcome of the first decision!!

They based this decision on the 6 months of phlebotomy records i faxed to them in October 2007 that got lost somewhere and i resent a couple weeks ago. I don't believe they read any further back then those records!!

Thanks Berta:

Yes, I think i will enjoy this victory for a few days and then consider if i want to continue writing the NOD on this since we have a NOD in on the decision on his back condition.

We'll see.

Thanks, Again

Jessie

[Josephine]

Wonderful News for You and your Son.

God bless you Both.

Always,

Betty

[jessie0054]

Wonderful News for You and your Son.

God bless you Both.

Always,

Betty

Thanks Betty:

And good luck on your claim!! I'm pulling for you.

Jessie

[LarryJ]

Good News!

Thank G-d.

[tssnave]

Jessie,

YEA!!!!! I am very happy that they have made some positive forward progress on the claim!!

Only the VA would put a person in a situation to have to consider if putting in a "recon for a recon request that was partially granted" was an option (sigh).

Congrats again on the rating. Good luck with the EED.

Keep us posted on how you handle the EED and how it plays out.

TS

Edited January 31, 2008 by tssnave

[jessie0054]

Good News!

Thank G-d.

Thanks LarryJ;

Hope there is good news to follow for each veteran with a claim pending.

Prayers to all.

Jessie