Confused

[don s.]

Yesterday I was pretty clear on the status of my VA disability claim, which has been through the appeal & remand process. Today I'm not so sure, so if anyone can provide words of clarity, by all means, have at. Here's the pertinent timeline:

Had a C&P exam May 5, 2009, at which the examiner opined service connection on two of the four issues of my claim.

I was told the AMC Rating Board received my claim May 15, 2009.

Then, I was told the Rating Board had reached a decision, and that on June 15, 2009 my file had "moved to Post Determination for authorization."

Today I received an SSOC from the AMC denying me benefits on the two issues the C&P examiner said were not service connected. This letter is dated June 15, 2009, the same day my claim supposedly went to Post Determination.

The SSOC says nothing about the other two issues the examiner opined were service connected. All it does is list the evidence used in determining the denials, and the rationale behind their decision. It also says I have 30 days in which to submit additional evidence not listed in the SSOC should I wish further appelate consideration.

I called the toll-free number on this and the service worker said she had no record of this SSOC and wondered if it "is official VA correspondence!" Duh??? Her latest entry is that it is still in Post Determination awaiting authorization.

My question, essentially, is what the heck does this all mean? Have the other two issues of my claim been decided or merely "put on hold"? Might I be receiving followup correspondence soon with regard to a favorable decision on these two issues? Or, does it just mean more waiting? At this point I feel like filing for a Section 8. It might not be service connected, but it would definitely be VA connected!

Thanks all my brothers & sisters in arms for any light you can shed on this case!

[Pete53]

Don:

The 800 Number is almost worthless. Do you have a Service Rep who can check this out for you. Seems like they are doing more or less what you were told.

Good Luck

[Notorious Kelly]

Hi Don,

Sorry you're running in to difficulty with your claim.

I've read others repeatedly say not to bother with the 800 number but rather use IRIS.

https://iris.va.gov/scripts/iris.cfg/php.ex...nduser/home.php

I hope you get a better response there.

[john999]

What the VA will do is deny one issue and if you have other issues they don't discuss them. You have to assume they were denied. Appeal all issues when you file the NOD. Don't assume any issues are deferred unless the rating letter says they are deferred. Say you file a claim with five issues and the VA sends you a letter denying one issue. Assume they denied them all and appeal them all.

[LarryJ]

"My question, essentially, is what the heck does this all mean?"

"Have the other two issues of my claim been decided or merely "put on hold"?"

Probably been decided............then again it's the VA, right?

"Might I be receiving followup correspondence soon with regard to a favorable decision on these two issues?"

Yup, you might. But, I wouldn't bet the farm.

"Or, does it just mean more waiting?"

Certainly!

there, now, how's that for positive reinforcement?

[don s.]

You confuse positive reinforcement with being a smartass!!!

"My question, essentially, is what the heck does this all mean?"

"Have the other two issues of my claim been decided or merely "put on hold"?"

Probably been decided............then again it's the VA, right?

"Might I be receiving followup correspondence soon with regard to a favorable decision on these two issues?"

Yup, you might. But, I wouldn't bet the farm.

"Or, does it just mean more waiting?"

Certainly!

there, now, how's that for positive reinforcement?

[vaf]

Don, John 999 is correct. Please NOD the two denials, and also state that in the event the other two claims (the ones you think were approved) have also, in fact, been denied, your NOD also pertains to them. In other words, NOD all four claims to be on the safe side.

If you have additional information on the two claims you know were denied, but you will need some time to accumulate it, tell the VARO in your NOD that additional evidence is forthcoming, and then watch for the deadline. Don't wait until you have the additional evidence in hand to file the NOD.