Help I've Never Heard Of This One Before

[mac mcqueen]

:P I called today my rep who has been tracking my clain in for about 5 months now for what started out to be a increase in the left knee from 10% to whatever due to lose of motion due to three seperat surgries and convelance for both the last knee surgery and the spinal fusion. Simple claim I thought, Now my rep calls today and said that my claim had been sent to Nashville Tenn. to quality control outside of region. She stated she had never delt with this one and would get back to me but it looked like it could take up to two more months before they even get it back to the arkansas rating officer. Any one ever delt with this before.

[mac mcqueen]

James, thanks for the imformation you make it sound like it might not take as long as the service rep stated. They have transferred the clam to Nashville on Dec 19. From what your saying is that the rater has already mad a decision and now that file was taken and everything is being looked at from the first initial claim. Once they send it back is the letter sent out. The payment for the convelance. I really don't know what all they have added. I originall sent the file just for the convalance back surgery and Left knee. They sent me out on left knee C/P and then they called back and sent me on another for right knee, I guess because I was Bilaterial for knees, Then they called and sent me out agian for EMG/Nerve Study becuase my doctor had put in restless leg syndrome and radiapty (can't spell it). My current rating right now is as folows:

I've had two back surgeryies the last one being spinal fusion L4/L4 and also artoscopic to the left knee. Clondamalicia level 3/4

I'm currently 70% combined

50% for Degenerative Disc Disease, Osteoarthritis, Spinal Canal Stenosis

10% for Bilateral Tinnus

10% for Sinustis

10 % Chondromalacia Left Knee

10% Chondromalacia Right Knee

Thanks for anyinsit you have as I have fallen behind on some of my bills, but I'm fortunate enough to have a wife thats a nurse and a 27 year retirment check with the 70% disability. Just would have been a nice Christmas gift for the wife.

[JamesBreckenridge]

James, thanks for the imformation you make it sound like it might not take as long as the service rep stated. They have transferred the clam to Nashville on Dec 19. From what your saying is that the rater has already mad a decision and now that file was taken and everything is being looked at from the first initial claim. Once they send it back is the letter sent out. The payment for the convelance. I really don't know what all they have added. I originall sent the file just for the convalance back surgery and Left knee. They sent me out on left knee C/P and then they called back and sent me on another for right knee, I guess because I was Bilaterial for knees, Then they called and sent me out agian for EMG/Nerve Study becuase my doctor had put in restless leg syndrome and radiapty (can't spell it). My current rating right now is as folows:

I've had two back surgeryies the last one being spinal fusion L4/L4 and also artoscopic to the left knee. Clondamalicia level 3/4

I'm currently 70% combined

50% for Degenerative Disc Disease, Osteoarthritis, Spinal Canal Stenosis

10% for Bilateral Tinnus

10% for Sinustis

10 % Chondromalacia Left Knee

10% Chondromalacia Right Knee

Thanks for anyinsit you have as I have fallen behind on some of my bills, but I'm fortunate enough to have a wife thats a nurse and a 27 year retirment check with the 70% disability. Just would have been a nice Christmas gift for the wife.

The nerve study is because that spinal stenosis can lead to radiculopathy, which is an impairment of the nerves (usually in an arm or a leg, usually on one side) due to the way the nerve goes through the spinal column. Temp convalescence is payable, usually for one month, possibly more if the evidence says your convalescence takes longer.

[Ricky]

Systematic Technical Accuracy Review (STAR) it began somewhere around 1998 I believe.

I think the original intent was to create a new team within the national Comp and pen section in D.C. that would only conduct STAR reviews and would not be responsible for processing claims therefore they would not answer to any management official that held responsibility for processing claims.

It must not have worked out cause now it seems that STAR reviews are simply conducted by an office that does not answer to the RO management who originally decided the claim.

[myround0]

Larry, how are things going in your new job, well I hope. If memory serves me correctly, you are located at the Waco Office. From everything I read that Office is one of the best at handling claims. What is your take...If, I am wrong please tell me...

[vaf]

Not a good thing if it was farmed out to the San Juan, Puerto Rico VARO...

I'm still trying to find out, after several months of written inquiries to the New Orleans VARO, Chairman Terry at the Board, the VA OIG, and the Court of Appeals for Veterans Claims (through part of a writ of mandamus petition) how it came about that the San Juan VARO told the Board that my husband had withdrawn his pending Board appeal that had been in remand status since 2001 from the Board docket. This was done without his knowledge or consent.

In fact, two days after that had been done, the NOLA VARO told us through an IRIS response that the appeal had been completed and that my husband would receive the decision soon. After that -- nothing.

We had to get Congressional intervention to even find out the appeal had been cancelled, no one would even tell us that much when we alone asked about the appeal.

Have you ever heard of something like that happening? We know it did because my husband's attorney (representing him on an unrelated VA matter) received a copy of an internal VA e-mail from a Board field representative to the New Orleans VARO stating that the San Juan VARO had pulled the plug on the appeal.

It was since reinstated and we received what is now the fifth remand on this same appeal since 2001, but still no explanation as to how this all came about, which is in clear violation of 38 C.F.R. § 20.204 Rule 204. Withdrawal of Appeal, which states only the veteran or his representative can withdraw an appeal, and it must be done as part of a hearing transcript or in writing (none of this applies in my husband's case, he's pro se on this particular appeal).

Where was the STAR review in this case???

Edited January 1, 2010 by vaf

[mac mcqueen]

iI'm all for Quality Control, but it would be nice if the vetern was notified that this is happening, but we are left in the dark most of the time. I'm not in as bad as some verterns are on needing the money they are owed, but if I was sitting here and it meant the difference of paying the electric bill or food as it is with some people then it would be a major thing to know. I was just concerned that I hadn't heard anything. There always needs to be a checks and balance system to keep thing fair, but I believe that sometimes after we have sacrificed everything to our country, we are just left in the dark and to the average citizen out there we are quickly forgotton once we have become too old to no longer provide a service to them. Most of us could have went into the civilian sector and made far more money and probably more retirment than we get and then we seem to get jacked around everytime we try to get a few dollars for a justified reason. Sorry to get so long winded but I just get up set when I see whar happems to so many veterns that gave their entire lifes blood to protect the country. It doesn't mater what the job was we just followed the orders of those above us and then we gave up family events because service before self. We still have our pride though, after most C/P exams we don't have much dignity left. Thanks for all the anwsers to my questions, I salute anyone who gave what they had of their lives to make it so that people of this country can say and do as they wish. I sometimes wish they would make a law that everyone should have to serve at least two years in the military. I know that some of you disagree, but then if they did maybe they would have alittle more respect for the people who gave all of our lives for the country. Hold your heads high, it wouldn't be America if it wasn't for us. MSgt Retired United States Air Force