Claim Questions?

[chrisbal]

I called the VA today to check the status of my temporary 100% claim for surgery and they stated “it was ready for decision”. What does this mean and how long does it usually take? I am rated 0% for the condition I had surgery on.

Also, will the VA set me up a C&P exam automatically to determine where I stand? My Veterans service officer stated that I don’t need to file for an increase because they would set that up automatically? Any advice?

[chrisbal]

I wrote a short letter explaining all the problems I have had because of this and how it has affected my life. My last paragraph was this. Let me know what you think.

This has affected my family and my life so greatly where I even had to switch positions at my job because of all the problems that have occurred from this injury. I am requesting for an increase for my Temporomandibular Joint disorder and all the problems associated with it. All I ask is to be treated fairly and equally for I am truly a disabled veteran.

[pacmanx1]

Please forgive me for saying this but VA does not care about your family or your livelihood. Stick to the facts. You are a 30 % disabled vet and you request an increase for your service connected TMJ. You request service connection for your headaches, depression, sleep disorder, and so on, that you feel are associated or a result to your already service connected TMJ. Try to be as specific as you can. If you don't list the conditions or tell VA the symptoms that you are having then they will not try to award you for any other condition.

[chrisbal]

Got it thanks!

[vaf]

There's a statute in 38 CFR that says the VA is to sympathetically review all evidence of record, and if it sees a condition that you have not filed for serivce connection, or that might justify an increase in an existing rating, then it should notify the VA Regional Office in your state of this condition (I think it's called an "inferred rating"). The evidence for such claims theoretically would come from a VA doctor's appointment or a C & P exam.

The truth is that the veteran cannot depend on this happening for various reasons, but the bottom line is that the veteran is responsible for making sure the claim is filed.

If your VSO doesn't want to handle it, then either change your VSO or handle it yourself. You run the risk of giving him the paperwork but he may not file it once he has it, so mail it certified mail on your own.

The only basis for service connection or an increase in service connection is the clinical diagnosis of your disability compared to the rating criteria for that condition in 38 CFR, tied to proof of the condition in your service medical records (or as a secondary outcome of a disability already service connected), and proof that the condition is currently present. Unfortunately, a "victim impact statement" isn't part of that criteria, as much as I wish it would be.