hypertension What Do You Think They're Up To Now?

[mrsvet28]

Hi all, haven't been on had a busy summer, hope this finds you all as well as can be--

Here the latest , update on my husbands claim for those who are familiar with it--

Last time I wrote they were waiting for the transcripts from the DRO tele-video hearing that was Feb 12-08:

A new SSOC dated 4/28/08 arrived :o

There are 9 issues:CHRONIC PROSTATIS,HYPERTENSION,LEG CONDITION,URINARY CONDITION.HEARING LOSS, PTSD, KNEE CONDITION, SUBCUTANEOUS LUMPS,INDIVIDUAL UNEMPLOYABILITY-

EVIDENCE THEY LISTED;

Your correspondence rec'd 3/4/08

VA letter to you 3/25/08

VA form 119 10/26/07

transcript from DRO 2/12/08

----------------------------------------------------------

ON EVERY ISSUE EXCEPT PTSD AND IU- IT SAYS YOU CHOSE NOT TO DISCUSS IT AT THIS TIME- (WE HAD AN ATTORNEY WITH US- I HAD PREVIOUSLY POST HIS ADDENDUM TO THE HEARING BACK ON THIS SITE BACK IN FEB.

FOR PTSD IT SAYS AT THE DRO HEARING YOU PROVIDED TESTIMONY REGARDING YOUR SYMPTOMS FOR PTSD AND YOUR STRESSORS AND YOUR SPOUSE ALSO PROVIDED TESTIMONY(1/2 MINUTE, WOW!) HOWEVER THE AVAILABLE EVIDENCE IS INSUFFICENT

TO CONFIRM A LINK BETWEEN CURRENT SYMPOMS AND AN IN-SERVICE STRESSOR

SERVICE CONNECTION DENIED.

FOR IU--CURRENTLY YOU DO NOT HAVE ANY SERICE-CONNECTED DISABILITIES THEREFORE ENTITLEMENT CANNOT BE ESTABLISHED.

THEN THEY ENCLOSED THE 60 DAY WAIVER LETTER TO BE FOWARDED TO THE BVA--

WAIT IT GETS BETTER!!! :o :o :o

I HAVE HAD THE SENATOR SPECTERS OFFICE ALSO INVOLVED AS WELL-

THIS IS THE VA REPLY TO HIS OFFICE:

07/17/08 DATE;

Dear Senator Specter:

Thank you for your correspondence of June 4/08 which was recieved at the Board on June 23 concerning MR> XXXXXXXXXXX

MR>XXX appeal was placed on the Boards docket on January 20, 2006 while under jurisdiction of the RO in Philly PA. The appeal will be certified and transferred to the Board unless it is resolved at the regional office. As required by law the Board will consider appeal in order which it was placed on the docket.

THERES MORE>>>>>

We get a letter 8/12/08

Senator Spector has expressed an interst in your appeal and will receive a copy of this letter.( I"LL shorten it all)

This acknowledges your request for a personal hearing before a traveling BVA.

We have put your name on the list of persons wishing to appear befoe the traveling section.We anticipate it won't be till 2009- or 2010- (then the however you could go within the next several months if you choose video conference blah.blah)

NEXT: I call the docket phone number where you check to see your place in line-

they tell me we don't have any -that our claim is still in Philly and hasn't been sent-

I call Philly and the clerk is confused about my questions- she gets her supervisor-

he apologizes to my husband for how long it is taking--and tells me that

they are getting ready to rate it AND WAITING FOR THE TRANSCRIPTS OF THE HEARING- could take 2 weeks-or a few months FOR A DECISION

I call back in 2 weeks and they say it is still there-and be patient-(I THOUGHT IT WAS ON THE WAY TO THE BVA)

:o MY QUESTION TO HER WAS HE IS ON SS FOR PTSD- HE IS ON SS FOR HIS PROSATE-HE HAS NSC BECAUSE HE HASN'T WORKED BECAUSE OF THE TWO-

THE VA VERIFIED HIS STRESSORS- THE VA ADMITS HE HAS PTSDSINCE 03- HE HAS 3 IMOS-

THE COMP. DOC SAYS WHETHER OR NOT IT IS CLEAR-HE MET ALL CRITIERA EXCEPT FACTOR C-(THAT IS POSTED ON THIS SITE ALSO)

ONE MONTH AFTER RETURNING FROM NAM HE WAS DIAGNOSED WITH ANXIETY AND GIVEN LIBRIUM BACK THEN-

IN THE EVIDENCE THEY DIDN'T LIST ANYTHING BUT THE HEARING/ THERE ARE 20 OR SO IN ALL THE OLD SOCS AND NODS.........

.ALL REPLIES WELCOME!!!!!!!!!!!!!!!!!!

[yoggie2]

Something I found from rentalguys post. It worked for me and I hope it can help you..Yoggie

From 67 FR 54349:

THE SPINE

Rating

* * * * *

5293 Intervertebral disc syndrome:

Evaluate intervertebral disc syndrome

(preoperatively or postoperatively)

either on the total

duration of incapacitating episodes

over the past 12 months

or by combining under § 4.25

separate evaluations of its

chronic orthopedic and

neurologic manifestations

along with evaluations for all

other disabilities, whichever

method results in the higher

evaluation.

With incapacitating episodes

having a total duration of at

least six weeks during the past

12 months ................................ 60

With incapacitating episodes

having a total duration of at

least four weeks but less than

six weeks during the past 12

months ..................................... 40

With incapacitating episodes

having a total duration of at

least two weeks but less than

four weeks during the past 12

months ..................................... 20

THE SPINE—Continued

Rating

With incapacitating episodes

having a total duration of at

least one week but less than

two weeks during the past 12

months ..................................... 10

Note (1): For purposes of evaluations under

5293, an incapacitating episode is a period of

acute signs and symptoms due to

intervertebral disc syndrome that requires

bed rest prescribed by a physician and

treatment by a physician. ‘‘Chronic

orthopedic and neurologic manifestations’’

means orthopedic and neurologic signs and

symptoms resulting from intervertebral disc

syndrome that are present constantly, or

nearly so.

Note (2): When evaluating on the basis of

chronic manifestations, evaluate orthopedic

disabilities using evaluation criteria for the

most appropriate orthopedic diagnostic code

or codes. Evaluate neurologic disabilities

separately using evaluation criteria for the

most appropriate neurologic diagnostic code

or codes.

Note (3): If intervertebral disc syndrome is

present in more than one spinal segment,

provided that the effects in each spinal

segment are clearly distinct, evaluate each

segment on the basis of chronic orthopedic

and neurologic manifestations or

incapacitating episodes, whichever method

results in a higher evaluation for that

segment.

* * * * *

(Authority: 38 U.S.C. 1155)

[Ricky]

Mrs. Vet 28 - This system will drive you crazy and these new call centers and new help the Va has employed offer no relief.

So I just wanted to give you some straight info on a couple of issues. Not that any of it is the way it should be:

During the appeal process especially the formal portion after you have filed your form 9 - the wait gets very long. The RO can not simply "send the file" to the BVA. Once the RO receives your form 9 they will docket the case and review it to see if any new evidence was submitted with it. If it was they will once again rate the claim at the VARO. If not they certify the claim/file to the BVA. The process to get reviewed and certified could be months. Once the file is certified to the BVA it simply sits at the RO until the BVA asks for the file which will not be done until the BVA is ready to start work on the claim. Once this is done you will receive a letter from the RO/BVA that your file has been transfered and you need to wrap things up such as evidence if you have additional and the appointment of a POA or change of POA etc........

Then once the BVA gets the file they will review it and if you asked for a hearing one will be scheduled. Travel board hearings are a very lenghty wait at this time due to the number of appeals and it could possibly take 1-2 years for you to receive one.

The VA is very bad at explaining this process to veterans and it appears that the VA is sitting on its rump doing nothing when all that is happening is a wait on a very lenghtly procedural process mandated by congress. The problem is the process is so convulded it even confuses its own employees.

My point to all of this is for the most part a request for help from a represenative always turns into a smoke screen by the VA and his or her office (unless you get the press involved and your claim involves a claim submitted by a veteran of the current on-goings. The only way to change the system is never give up, never give in and instead of asking for help on your claim DEMAND a change in the system and toss your vote in the letter the next time you write a congress or senate rep.

Edited September 3, 2008 by Ricky

[mrsvet28]

Sorry for the delays it happened to me. You have to keep after them and if it were me I would consider a Writ of Mandamus cause they should have done a lot more a lot sooner.

In the Writ of Mandamus I would explain that Social Security has awarded for the same conditions, the VA acknowledges PTSD Service Connected and they have been dragging this out needlessly and that you need them to do their bloody job.

Good Luck you will win.

Thanks for your reply --how did you know that was my next move- I set up a meeting Tues. aft/ w lawyer and thats exactly what I plan to tell him- If only I had gotten a law degree I wouldn't need them- but chose family and theatre instead!!! Thank you for your confidence also, I do believe we will win-its been 10 long years, will check back Tues to fill you in.

[mrsvet28]

Mrs. Vet 28 - This system will drive you crazy and these new call centers and new help the Va has employed offer no relief.

So I just wanted to give you some straight info on a couple of issues. Not that any of it is the way it should be:

During the appeal process especially the formal portion after you have filed your form 9 - the wait gets very long. The RO can not simply "send the file" to the BVA. Once the RO receives your form 9 they will docket the case and review it to see if any new evidence was submitted with it. If it was they will once again rate the claim at the VARO. If not they certify the claim/file to the BVA. The process to get reviewed and certified could be months. Once the file is certified to the BVA it simply sits at the RO until the BVA asks for the file which will not be done until the BVA is ready to start work on the claim. Once this is done you will receive a letter from the RO/BVA that your file has been transfered and you need to wrap things up such as evidence if you have additional and the appointment of a POA or change of POA etc........

Then once the BVA gets the file they will review it and if you asked for a hearing one will be scheduled. Travel board hearings are a very lenghty wait at this time due to the number of appeals and it could possibly take 1-2 years for you to receive one.

The VA is very bad at explaining this process to veterans and it appears that the VA is sitting on its rump doing nothing when all that is happening is a wait on a very lenghtly procedural process mandated by congress. The problem is the process is so convulded it even confuses its own employees.

My point to all of this is for the most part a request for help from a represenative always turns into a smoke screen by the VA and his or her office (unless you get the press involved and your claim involves a claim submitted by a veteran of the current on-goings. The only way to change the system is never give up, never give in and instead of asking for help on your claim DEMAND a change in the system and toss your vote in the letter the next time you write a congress or senate rep.

Thanks for info, let me see if I can clear up a few things for you-

I am on top of all this its been 10 years -- the form 9 was filed in 04'- I just got the letter that it was placed on the Boards docket in Jan. 06'-so 2 years have passed and

just for that letter/- in 04' also requested a DRO hearing/ just had that last Feb.08'-

the many phone calls to DC to the Congressional liasion got me that(i wasn't always pleasant )- not even my then lawyer(this is our third)got that-the VA DIDNT even recognize his POA for 1 and half years--

I did a local cable show about all of this- and written letters to the editor- my next is NYC talk show I am on the list for over a year-so I hope the producers will see the problems all Veterans face young and old.

I called the DC appeals management center, and she told me we had a docket # for a BVA in 06'(before our DRO hearing makes no sense)

(but that was when our RO somehow sent our claim to Tampa)- and it sat there for months. so that made us go backwards to the bottom of the pile again-

Since the DRO hearing in this past Feb.- that is new evidence-the new psych meds for my husband is new evidence-all of which they have-

from what I know now it is again being rated at the VARO here-so they say it could be decided soon. Or more VA speak-- did I mention that on 2 SOC and SSOC they didn;t have the claim number right?- the last two # were reversed? Believe me I check everything- and I call them 3 times a week just to check in, because most don;t say the same things as the other- and you get all different regions with each 800 call-

In closing I'm not always nice to the liasions Congressmen or Senators either-especially when I'm stressed from the VA jargon- what I ask of them they do, or they know I willbe back till they get it right and do it my way.

[mrsvet28]

The VA will drive you absoultely nuts. Especially when it comes to PTSD and stressor verification.

Good Luck.

how true thats what Martinis are for!!

[mrsvet28]

Something I found from rentalguys post. It worked for me and I hope it can help you..Yoggie

From 67 FR 54349:

THE SPINE

Rating

* * * * *

5293 Intervertebral disc syndrome:

Evaluate intervertebral disc syndrome

(preoperatively or postoperatively)

either on the total

duration of incapacitating episodes

over the past 12 months

or by combining under § 4.25

separate evaluations of its

chronic orthopedic and

neurologic manifestations

along with evaluations for all

other disabilities, whichever

method results in the higher

evaluation.

With incapacitating episodes

having a total duration of at

least six weeks during the past

12 months ................................ 60

With incapacitating episodes

having a total duration of at

least four weeks but less than

six weeks during the past 12

months ..................................... 40

With incapacitating episodes

having a total duration of at

least two weeks but less than

four weeks during the past 12

months ..................................... 20

THE SPINE—Continued

Rating

With incapacitating episodes

having a total duration of at

least one week but less than

two weeks during the past 12

months ..................................... 10

Note (1): For purposes of evaluations under

5293, an incapacitating episode is a period of

acute signs and symptoms due to

intervertebral disc syndrome that requires

bed rest prescribed by a physician and

treatment by a physician. ''Chronic

orthopedic and neurologic manifestations''

means orthopedic and neurologic signs and

symptoms resulting from intervertebral disc

syndrome that are present constantly, or

nearly so.

Note (2): When evaluating on the basis of

chronic manifestations, evaluate orthopedic

disabilities using evaluation criteria for the

most appropriate orthopedic diagnostic code

or codes. Evaluate neurologic disabilities

separately using evaluation criteria for the

most appropriate neurologic diagnostic code

or codes.

Note (3): If intervertebral disc syndrome is

present in more than one spinal segment,

provided that the effects in each spinal

segment are clearly distinct, evaluate each

segment on the basis of chronic orthopedic

and neurologic manifestations or

incapacitating episodes, whichever method

results in a higher evaluation for that

segment.

* * * * *

(Authority: 38 U.S.C. 1155)

i'm not sure what this means in regards to my post