My Claim Is Now At Appeals Team!

[bm6546]

I checked about 2 weeks ago on the 800 number and was told my claim was at Ratings.

Last week I received an IRIS e-mail that said my claim is currently being processed at the Appeals Team. Can anyone tell me what the difference is between the Ratings and the Appeals Team. This whole process is driving me more crazy and making me nuts,LOL. Maybe I should file a claim against the VA for making me crazy with their BS. Any help would be appreciated. Thanks in advance, Brian

[Guest jangrin]

bm6546

If I understand this correctly, you filed an original claim for heart condition. The VA denied that claim, and your vet representative helped you file for an appeal. Then it sounds like your vet rep helped you file for a new claim of anxiety,Depression and PTSD as secondary to your SC heart.

If your heart condition is service connected, when you said they turned down your SC heart condition. Were you seeking an increase for your SC Heart condition or were you denied SC for the heart? Please if you could clarify your current SC conditions.

It is not unusual for the VA to work appeals matters and ratings for new claims or increases at the same time. Quite often a veteran will get a decision on the new claims and have the appeals matter not settled. The file will go back and forth between pre, ratings, and post teams depending on the issues and what information has been recieved, etc. The fact that your file is moving from one area to another is generally a good thing as it is being worked and not sitting on a shelf somewhere.Once Ratings make a decision, the file still has to go to the post team to process the award and any money that may be due. This usually goes fairly quickly.Then the file will be sent back to the appeals team to finish that process.

Good luck on your claims.-- Jangrin

Edited February 13, 2008 by jangrin

[Ricky]

Based upon your answer to my questions Jangrin is 100 percent correct. Your file is bouncing around in the VARO between the appeals area, rating area etc..... This happens when you have several things ongoing at one time. Once the appeal is in place they seem to have priority over the file so when the rater "checks" it out and is done with it it goes back to the appeals area.

[bm6546]

An appeal goes up to the Appeal determination TEAM and they are in essence like "Mom"and between two siblings per se (Veteran and VA RO). They determine after all the evidence and statements what is "JUST". The appeals then determines did the VARO do it's job properly and correctly or did they overlook something and make an error, or is the communication of evidence being done correctly. The Appeals department does not have the authority to change your rating in the SYSTEM, or the amounts. What happens is the APPEALS team has the authority to direct, or dictate to the VARO to correct the error. Once the Appeal team determines who is correct (in your NOD-Disagreement), if the claim has been done correctly they will direct the veteran and the VARO that the prior determination is Correct and Justified, no action is needed. If the Appeals team determines that the VARO made an error they will contact both parties (VARO and Veteran) that the error was made and (I can't think of the term used) but they will by their authority direct the Rating Board at your local VARO to correct the error and make the correct changes. It can in some cases go back and forth between the VBA and VARO Rating Board several times IF They are asking the VBA for more "direction" on how to correct the error. Sometimes this creates a hang up. If this IS happening (I don't individually recommend it to be used often) you can call on "Dad" (Congress Representation) to ask the VARO and VBA to inquire on the status and request (again by Congressional Inquiry) to expedite the process. In essence it is like "tattling" per se. The VA has certain deadlines they are imposed to meet when a Congressional Inquiry is done. I believe it is 30 days. At least you will get your answer you are requesting. However, understand that during the "Congressional Inquiry" your file comes out of (both hands of the VARO and VBA) and goes to a specialized team to review your folder and "ANSWER" the Congressional Inquiry. Therefore if you ask this and the determination is NOT Complete you may have delayed your answer for 30 days. Does this help?

[bm6546]

Spike, thanks for explaining, helps me to undersatand a little better. I am learning a lot by reading what you and others have to say. Thanks again, Brian

[bm6546]

bm6546

If I understand this correctly, you filed an original claim for heart condition. The VA denied that claim, and your vet representative helped you file for an appeal. Then it sounds like your vet rep helped you file for a new claim of anxiety,Depression and PTSD as secondary to your SC heart.

If your heart condition is service connected, when you said they turned down your SC heart condition. Were you seeking an increase for your SC Heart condition or were you denied SC for the heart? Please if you could clarify your current SC conditions.

It is not unusual for the VA to work appeals matters and ratings for new claims or increases at the same time. Quite often a veteran will get a decision on the new claims and have the appeals matter not settled. The file will go back and forth between pre, ratings, and post teams depending on the issues and what information has been recieved, etc. The fact that your file is moving from one area to another is generally a good thing as it is being worked and not sitting on a shelf somewhere.Once Ratings make a decision, the file still has to go to the post team to process the award and any money that may be due. This usually goes fairly quickly.Then the file will be sent back to the appeals team to finish that process.

Good luck on your claims.-- Jangrin

[bm6546]

Jangrin, Sorry but I am having a problem with replying to a post. Please bear with me.

Yes, you are right on. I am SC for my heart. Have been for over 40 years. I originally was receiving 10% but after 1 year the VA took it away from me. But I am still SC for my heart. My vet rep filed for compensation approx year and a half ago but VA has turned me down twice for compensation. We were trying to get increase from 0 %. The VA still has me SC for my heart, that has never changed. My vet rep said that is ridiculous, the VA should compensate me for 100% for my heart because they discharged me in 1966 with a medical discharge because of my heart. I am currently on SSDI for my heart because I can no longer work. My vet rep decided to go ahead and file a new claim for anxiety, depression and PTSD and is hoping the VA will address those issues and also increase my 0% for my heart.

I hope this helps to explain my situation. If you or anybody needs more explanation, please ask me. Sometimes I don't explain things very good and I am not that good with the computer. Thanks again for your help.

Brian