Als Claim

[mom24]

Hello,

I posted a question before I believe in wrong place because I didn't get any response. So, I'll post here and try to be brief. I filed claim for ALS on 9/24/08. Had to get a VSO with PVA to get ball rolling for me. He did. I was scheduled for a C&P exam on 2/23/09. The dr who did the exam had me scheduled for an EMG to confirm the diagnosis. I wasn't happy with how exam went and let my VSO know about. On 2/27/09 I received an award letter being rated 60% for ALS for a combined 70% with my knee disability from before. I immediately called my VSO because the rating decision was made on 2/23/09, the day I had my C&P exam, which wasn't even concluded. AFter a couple of days, he got back with me to let me know the rater told him she rated me just so I could start getting some compensation because it would be 20-30 days before she got results from exam back, and when she got the results from C&P exam, she would rate me again. Fast forward to last week. On Tuesday, I emailed my VSO for an update. Didn't hear back from him by Thursday, so I called the 800# and was told my claim was closed with no further action pending unless I appealed. I then left another email for my VSO and and a voice mail message. On monday morning I got email from VSO saying he would pull my file and see what was going on. I then, that same day, went to VAMC to request a copy of C&P exam and was told it wasn't done! The lady at release of information office could only pull off a progress note dated 3/13/09 from the Dr. who did my exam stating that a C&P exam was scheduled by VARO on 2/3/09, but then cancelled before the date I had it which was 2/23/09. Nobody notified me or the VAMC of this since I had my exam as scheduled. The dr's note from 3/13/09 also gave results of EMG. The lady at release of information called down to C&P office to see what was going on. I was able to go down there and actually speak to the Dr. who did my exam. I had my award letter with him and explained to him how I was rated based on medical records from my dr that I submitted and why they were not sufficient for VA rating purposes. I asked him if he still had notes from my claim and he did. He said that after he got results from EMG and went to enter his findings in the computer, the screen for him to enter it wasn't there. HE then saw where the exam had been cancelled citing adequate medical evidence already received as the reason. He read over my notes again and actually examined me again. We talked some more and then he called the rater while I was in his office and let her know that he still had his notes from my C&P exam and he could type them up if they would be of some use to her. He told her that medical records I submitted from my dr. contained more diagnostic information about my condition than functional. I know the exam would have either brought me to 100% or the claim I filed for IU at same time I submitted back in Sept would have been approved based on his notes. Rater had also denied my claim for IU because I homeschool my children. Now, on Friday, I also submitted a IRIS inquiry and they answered me on Monday to say that they reviewed my file but needed clarification from the Regional Office before they could give me a status. I was able to update them with the information I got from the Dr. who did my exam on Monday. So, now it is Wednesday, and I still have not heard back from my VSO and still waiting to hear back from IRIS inquiry. Right now, I'm just giving my VSO and IRIS time to respond before I do anything else like a Congressional Inquiry or something. Any advice?

[bbknor]

Mom best get yourself a lawyer, good luck!

[Pete53]

Mom24

From your post it looks like they are trying to do the best that they can with what they had on hand.

I would ask the VSO how the claim is going. It really is moving about as quickly as you could expect.

Good Luck

[Berta]

You do not have substantial employment-

they should have awarded you TDIU!

If the VSO doesnt get on this fast-I would get a new VSO-

[ZenArcher]

Until 9/23/2009 all ALS claims will be retroactive until 9/23/2008. I'm not sure exactly what you're trying to do. I am an ALS patient and the Vice Chair of the ALS Associations Veterans Issue Team. I'll help how I can.

[Berta]

Have you applied for SSA disability as well as TDIU?

Former Sec Peake told a ALS vet to "pray" for the regs to come through (before the vet died)

I sure believe in prayer but these claims SHOULD be given expeditious treatment-

WHo is your Congressman ? DO you know anyone in your state Congressmen/women or Senate who is on any H or S VAC committee?

If so I would send them copy of the decision- and CC the VA and ask them to explain better -with full medical rationale-their denial of TDIU or 100% -

Your rep should be aggressively fighting this.

How does home schooling your child possibly 'improve' your SC disability enough for them not to award TDIU or 100%?

Is home schooling some sort of cure for ALS or does it diminish the symptoms of this serious disease?

NOPE-they might have to CUE themselves here-

ZXen-does this make sense to you?

Have you applied for SSA disability as well as TDIU?

Former Sec Peake told a ALS vet to "pray" for the regs to come through (before the vet died)

I sure believe in prayer but these claims SHOULD be given expeditious treatment-

WHo is your Congressman ? DO you know anyone in your state Congressmen/women or Senate who is on any H or S VAC committee?

If so I would send them copy of the decision- and CC the VA and ask them to explain better -with full medical rationale-their denial of TDIU or 100% -

Your rep should be aggressively fighting this.

How does home schooling your child possibly 'improve' your SC disability enough for them not to award TDIU or 100%?

Is home schooling some sort of cure for ALS or does it diminish the symptoms of this serious disease?

NOPE-they might have to CUE themselves here-

ZXen-does this make sense to you?

[mom24]

Berta,

I applied a few years ago for SSD when my diagnosis was Progressive Muscular Atrophy and was not approved. I didn't feel like fighting it at that time for the little bit I would get and back then I was a lot more able to do things. I have not worked since 2001 so my eligibility for SSD ran out in 2006. My diagnosis wasn't changed to ALS again until 2008. My congressman is Lindsay Graham of SC who helped get this law passed. I have already done a congressional inquiry and it did get some movement, but I dont want it to slow down my claim at this point. I did hear back from my VSO yesterday after I emailed him for an update. He said my claim was being discussed that day with the Dr. who did the C&P exam. As for not giving me TDIU because I homeschool, I thought was very funny. I guess they don't know you can homeschool sitting on the couch cuz that's how I do it. My VSO seems to be working on it now. I'll see how long it takes for him to get back to me again. I figure if they discussed my claim yesterday, he should be getting back to me in a day or two again to let me know how things are going. We'll see.

Zen,

I did find out that my claim will be retro back to 9/23/08. All I am trying to do is get the rater to use the evidence from the C&P exam I had on 2/23/09. She cancelled the exam and rated me on 2/23/09. That is rather odd, don't you think? I was not notified the exam was cancelled, nor I guess the hospital, because I did have it. I saw the dr on Monday when I went to request a copy of it(that is when i found out it had been cancelled) and he still had my notes and called the rater to ask her if she could use them because my medical records from the dr at the ALS clinic were not sufficient for rating purposes. That is all I am trying to get them to do.