How Many Va Claims Files Exist On One Veteran?/where To Verify New Rating %?

[vaf]

I've been told that there is just one VA claims file that exists on each veteran. As the veteran files a claim with the RO and then, assuming it's denied, the claim moves through the appeals process to the Board and then to the Court, the file moves along with it. We just had a Board hearing in October. We've got appeals filed at the RO level, two remands at the Appeals Management Center, and a hearing pending with the Court on several items the Board denied. I'm confused as to just where this file is, and I guess we're causing our own delay at the Court level because of the other issues pending?

Also, we're trying to get verification of my husband's rating as of the October 2005 Board decision on his claims. We think we know what it is, but we need verification. Because he's got claims pending before the Court, no one we've called at the VA wants to verify his new rating (we think he went from schedular 90% to schedular 100%, but we're not sure). The Board gave him a new rating of 10% for something previously rated at 0%. We also know he's owed some money as a result of the Board decision, but can't find anyone to tell us how much or when it will be paid.

If anyone's got any suggestions, we'd appreciate hearing them. Thanks!

[Pete53]

As I understand it the VARO keeps the file until the BVA calls for it. You can always call 800 827 1000 and ask where the file is.

[john999]

Vicki

The VA creates temporary files for veterans when they are working on a claim. That is why your C-File can be with the BVA and yet the RO is working on a claim at the local level. This is where you hope and pray that they don't lose your files and the information in the temp file makes its way into your C-File. As Pete says, call the 800 number. Don't assume they are doing the right thing.

[Guest Berta]

Vicki- if you go to the VA web site:

http://www.vba.va.gov/bln/21/index.htm

and click on the email inquery thing on the left- it will take you to email area for your VARO-

The VBA sends it to them-

I would state it as a claims question as to the status-

more or less what you stated here-

If their reply is not sufficient, then I would either take the option to add to the query or send it via Service Complaint and state that they are not adequately addressing your questions.

state that you are not getting a sufficient answer to your questions as to the status of the claims.

[vaf]

I sent the inquiry via the VA's website, and got a non-answer, which is, in fact, another instance of the problem I wrote about in the first place. I've resubmitted everything as a Service Complaint through the VA's website, which probably won't do jack, but at least we tried.

"Dear Mr ___________:

This is in response to your request for claim status.

Your appeal and reopened claims are still under review/pending. Your file is with the Remand Center for processing of your appleal. The file is not available to the Regional Office at present. You will be notified of the decision and all information you are requesting by mail upon completion of the claim. You will receive a formal rating decision from the VA Regional Office.

You are currently rated 90% service connected.

Should you have any questions, please do not hesitate to contact the VA Regional Office for assistance at 1-800-827-1000.

James Fowler,

Veteran Service Center Mngr

Veteran/Inquirer 12/14/2005 02:03 PM

In an October 2005 decision, the Board of Veterans Appeals awarded me an additional 10% rating for an item previously rated at 0% (sinusitis), as well as awarding me earlier effective dates for two previously rated conditions. I have two questions:

1) Please tell me if this latest 10% rating has increased my overall rating from schedular 90% to schedular 100%, and the effective date. In fact, I would appreciate receiving a list of all conditions that have been granted service connection, along with the percentages. I've received lists generated by the local VA that always omit the rating for bilateral tinnitus at 10%, and I'm looking for a comprehensive list as of the date of the Board hearing (October 28, 2005). I know I have appeals pending, I'm just looking for where I'm rated at present.

2) Please tell me the amount of disability pay that is owed regarding the items for which the Board granted earlier effective dates, and the approximate date I should receive this money.

I have tried to get this information by phone through the local VA office,as well as the Muskogee, OK VARO (since the New Orleans VARO is temporarily shut down), but was told this information cannot be given to me because I have appeals pending. I don't understand why someone there can't just do the math as of the Board hearing date, and give me the results, or tell me when the additional payment resulting from the Board decision will be forthcoming. My questions have nothing to do with my pending appeals.

Thank you very much."

[Testvet]

VA math does not add up to a 90% rating plus a 10% rating makes 100%, in order to get from 90% to 100% you need another rating of 50% or higher to get the 100% schedular, VA math is not like anything you have ever seen before, there is a calculator on the board somewhere to put the numbers in and it tells you what the percentages should be when combined.

[vaf]

I'm familiar with VA math, I even have the rating table taped to a filing cabinet in my office. My husband's actually at 93.5 something, so he's been rounded down to 90. We think this would bring him to 95, therefore 100.