Still More Delays, Award Decided Sept 10,2008

[Rockhound]

I'm single, so I have no one who an accrued award could go to, if I should die while waiting for my award check with accrued payment. I was awarded an increase to 10% from 0%, it may seem small and insignificant to some, but to me who lives on a SSDI check, month to month, even the $116 I would be adding from a VA SC disability check will come mitty handy this winter. The $1046 accrued thus far equates to about 2 1/3rd tank fills for propane to heat my home this wnter, which is about three months or more of heat I can pay for and needed help paying for last winter. It also may mean I could possibly register and insure my mini pickup with it's lift and do more than depend on the handicap service van to get around, it could well mean I can finally go fishing and gather wood for my wood stove for next winter and reduce my heating costs even further.

This waiting is driving me nuts, I've had to increase my anxiety meds and my psych meds on occation. If I hadn't already had my depression meds increased, I would have had to increase those too I believe.

I'm sure my award is held up somewhere in finance as they decide if I should get my accrued award or not, but like everything else with the VA, delay is their motto.

IT'S MY MONEY AND I WANT IT NOW!!!

Rockhound Rider

[Rockhound]

Well I guess my they must have heard me thinking about sending and inquiry through IRIS, because I got my envelope today, It says check should take about another 15 days, which will be the 1st of November. Since the claim was submitted Jan 10th, 2008 They posted my payments to begin the first of the following month. This means I will have acured nine months of back pay at 10% rating which is $117.00 X 9 = $1053.00 which, if I get my direct deposit authorization in ASAP, I might just see it the 1st of November, or $1170.00 on the 1st of December, or a check for $1053.00 sometime before December and then a regular check from th 1st of December on, plus the COLA bump in January, 2009, or when ever it is supposed to kick in.

Now I have to read and study their award letter, so I can pick out how they messed up by not adjudicating for the two painful scars on each side of the bridge of my nose, which should have had a seperate rating of 10% since the scars become ulcerated three or four times a year due to my having to wear glasses that irritate the scars which causes the ulcerations due to the bone ridges that developed from the fractured nasal bone.

Also have to find out why they did not adjudicate the ongoing sinus problems that are exacerbated by the obstructed nasal passages due to the deviated septum as a result of the fractured nasal bone, it too should have had a seperate rating of no less than 10% as per the rating standards, since I have to treat this ongoing condition on a daily basis.

I have found a BVA case that was remanded just for these very reasons and both were awarded seperate 10% ratings, seperate from the a SC nasal bone fracture and deviated septum due to trauma.

I am hoping to find a court case that supports this action, but I am hoping just the BVA Case will give the VARO reason to pause before the denie my NOD and Reconsideration application.

Anyway, getting closer to seeing that check in hand or in my account, I don't care which, I need it to pay off one bill and get a lean on my home lifted and to top off my propane tank to start the winter out with a full tank. Next five day forcast is a warming trend with temperatures lowering by the first of next week. No real cold fronts or snow at my home predicted yet, but you could sneeze and the weather could change that quick, this time of year.

The bad news in all this, is that unless the income means amount for utility assistance hasn't gone up, with last years COLA I may now be making to much to qualify like I did last year, which bailed me out of the poor house, without it this year, my new found wealth, such as it is, instead of helping get my vehicle back on the road, will all go to keeping me from freezing my bums off or have to repair frozen pipes that have burst.

The only good thing, If I didn't have VA increase, I would end up worse off than I was year before last, When I went so far into debt, I could pay my trash bill and a lean was put on my home till it is paid, and I got behind on my fuel bill and my tank was lock off, thankfully at the end of winter, but I still could use my cook stove and that was when I had to park my vehicle because I couldn't afford to register, insure it, or pay the operating costs.

So when I said I had no money for a good IMO, Hell, I didn't have even enough for me.

I know, I talk to much, blaim it on my condition or my meds, or the economy, whatever you like, I have no one else to hear my flack that I wouldn't be afraid of wanting to put me away. Got to go, need a chill pill and some much needed sleep, that is if I can stand being a zomby for a day or two.

Rockhound Rider :P :P :P :( :P B)

p.s. too many emotions right now!

[Ricky]

Congratulations. I received my rating decision on 31 July 08 with an effective date of Jan 05, but as of today still no retro or payment start date.

Hopefully things will workout for you and you will receive the assistance you need.

[Rockhound]

Ricky: Something doesn't sound right, do you have a VSO, if so, maybe you should visit them and draft an IRIS inquiry as to why you have not received your award.

I haven't received my award money yet, so I might still be waiting after the 1st of Nov. I just have to wait and find out. I will try to get a ride into town on monday and get my banking info

submited, if not monday then tuesday for sure. They said fifteen days, but they have been known to miss deadlines before.

I would keep after them and not let them rest until you get something in writing like I have. At least then if they miss their deadline, I can call then to the carpet on it.

All this worry over my small claim and now with this shredder gate scandle. I hope some heads will role and some people spends some time in jail, but knowing the VA, they will probably promote the people and transfer them someplace else so they can keep on doing what they have been shown they will do, with no care in mind what their actions are doing to Veteran's and their families.

Makes me want to go out a buy a gun, but to do so would have me just where the VA wants me, either dead or in a loony bin somewhere, so I can't keep working my claim, which eventualy, I believe will I will win in the end.

Rockhound Rider :P :P

[john999]

Ricky

I would raise hell about that delay. That is too long to wait for money.

[Ricky]

You are right John and I have been raising hell since week 6. They may be withholding payment cause they are pissed at me.

Rock did not mean to take over your post just wanted to answer John.

Thanks

Edited October 19, 2008 by Ricky

[Rockhound]

You are right John and I have been raising hell since week 6. They may be withholding payment cause they are pissed at me.

Rock did not mean to take over your post just wanted to answer John.

Thanks

Ricky: That's OK, most of my posts end up voicing my own problems and what I have had to do about them. At least I finally got a claim approved, however the smallest of them and the only one that was approved for SC (0%) from my very first claim.

While I improve on the evidence for a claim that should have been SC back then, I now will improve on them not adjudicating addition problems and conditions associated with the most resent awarded claim.

Here is a BVA case, Citation Nr. 9911634, the issue: Entitlement to an increased evaluation for residuals of a nasal fracture, currently evaluated as 10 percent disabling.

Reading this case will give you a better understanding what my NOD and/or Reconsideration claim will be based on. The VA Rater should have considered these issues when he adjudicated the claim, but didn't.

I have the moderate scaring, at least in my opinion, which is painful and becomes ulcerated about three or four times a year, not to mention the number of times they become tender and irritated by the nasal foot pads of my glasses. This problem being of only moderate concern, should have as in the case cited, been awarded at no less than 10%. The mear fact that I have no choice but to wear glasses, that is a constant irritation to the scar, should in and by itself be enought to warrent a 10% award.

The other issue that was remanded in this case, was the problems associated with sinusitis due to the obstruction of the nasal passages. I have similiar problems for which one side becomes 100% blocked, but is due to valvular collapse. My research shows that any obstruction to the extent that I have is more likely than not, to cause such problems as increased nasal and sinus infections, increased affects caused by irritants and/or allergies. Since these are chronic and continues problems that were not evidence before my SC injury and the fact that I have to treat this condition on a daily basis, it should have been SC as a secondary problem at no less than 10% also.

Like I said Ricky, no problem. When I get started, sometimes it is hard for me to stop. I think I use this as a sounding board that I can read, just so I can better see how it sounds and what others may contribute.

Rockhound Rider :P