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Claims Advice Please!

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OIF 03

Question

I just left a message in success stories about my VA rep leaving me a voice mail stating that he heard that I was awarded 50% for my PTSD claim that was originally denied on 1/2008. My questions are do they contact my rep first to give him this news?? He will not be in the office until Tuesday so I can't confirm until then. My second question is I was denied for tinitus and back pain initially with the PTSD. Should I file a NOD on both or just send them additional materials like I did for the PTSD??? Lastly, should I file a NOD for a higher PTSD percentage.

Thanks,

OIF 03

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I got a phone call from the DAV and a letter from them shortly after that about my 50% which, like yours, had first been denied. They warn you that it is an "unoffical" notification since your claim has to be "promlugated" (whatever that means - solidfied in some legal sense, I think) before the award is official. Then another week of so passed and I got the Decision and then the pay and within a month, the back pay.

Sounds like you are in the home stetch. Keep us posted on how it plays out.

TS Snave

TS Snave,

I will keep you posted and thanks for your response.

OIF 03

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Yes Welcome Meddac. As Pete provided some may hit you hard. I just ask that you understand where they are coming from. We have had some very senior VSO's, that in my opinion, could not understand this. About 99.9 percent of the veterans on here fully understand the law and know what M21R etc.... says about what VA is SUPPOSED to do so when someone trys to force or cram it down a veterans throat what the VA is required to do per 38 CFR or M21R etc - well that ain't good enough. As I said most full know what the VA is required to do. These guys and gals want and need to know why VA is NOT doing what they are required to do. This has led to some heated arguments and caused some to leave the board. So please just be thick skinned and compassionate - no need to kiss rump, just understanding.

Once again welcome aboard and we truly thank you for your service to the veteran community by employment with the VA. You guys have a hard life by having to deal with irrate veterans - I know from experience for most of the time I can not deal with myself let alone expect someone else to deal with me!!!! :)

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...How do I know any of this? I am a disabled veteran, and I work for the VA. In the Appeals section to be exact. I used to process initial claims and re-opened claims for compensation, pension, DIC, etc. I have seen a lot, and I can offer quite a bit in the way of advice and such.

Good luck with your claim. If I can help let me know. I may be slow to get back to you, but I will get back to you.

It is great news that you have joined us. I know there are some others such as "entropment" (might be misspelled) who have similar expertise.

Thanks for joining us.

Ron

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Thanks for the welcome. I can say that The Appeals process is where my best knowledge is, but I do know a lot about the other aspects as well.

The people inside the VA are not all bad. It only takes a couple of bad apples in there to flip the cart over, and we do have our shere of those people.

More later, I have to get ready to go in for the day.

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Welcome aboard Meddac-

I wonder if you have an opinion you feel comfortable to share with us-on this-

at the Subcommittee disability hearing yesterday members of the third panel ( Roberts -Wounded Warrior Project and others giving testimony -before the VA panel did-(panel 4 VA)it seemed

that there was agreement on the fact that raters should have better access to medical professionals during the rating process-

this idea didn't mean the VA would put doctors in the ROs simply to help with claims questions on med issues but it did mean that a rater-who of course has no medical background- along with the C & p results or any other med evidence for the claim- could get some input from a doctor who would be designated by VA to interpret some of the medical questions that a rater might have-even after the claim has been designated as "ready to rate".

Do you think this is good idea and that it could possibly come to pass?

If a C & P worksheet has not been complied with-this too was mentioned as one problem that an 'inhouse'doc ( what I mean is available if not at or near this specific RO) could be contacted to more clearly define the exam results-then again-I would think that would be a question a rater should be able to directly contact the C & P doctor about.

Of course there was a lot more to this hearing then that specific matter-

and I need to review the testimony again-

Thanks

Edited by Berta
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