Newbie And Lost

[TXNVYMOM]

It seems like I have such a silly questions to ask after reading everyone's post and how long it has taken some to get their ratings. But money is short and he is facing surgery hopefully in the near future, so these questions have been weighing heavily on our minds, as he's on major pain medication and surgery is looming, and it's going to be tough to find a job prior to surgery and then there's recouperating time . My son was medically discharged from the Navy for hip and back problems at the end of January 2011. He used the Benefits Delivery at Discharge (BDD) to file for his VA rating. He turned in all of his medical records (about the size of a ream of paper), his DD214, and attended all of his doctor appointments prior to leaving the Navy on terminal leave around mid December 2010. His first DOD deposit will start tomorrow and he is signed up for TRICARE, is seeing a private pain managment doctor, just had his MRI on both hips. He has had his first appointment with the doctor at the VA, who told him see you in 6 months. So here are some of my questions.

1. Best guess, how long should it take the VA to rate his conditions?

2. How are you notified of your rating.?

3. How are you paid by the VA and do you use mypay to see an upcoming deposit?

4. At what point do you decide to continue with the DOD payments or accept the VA payments?

5. Does anyone have any advice for someone at this stage of the process? Are there any pitfalls he should be looking out for??

6. Because he is seeing private doctors, should he be keeping those records and who would he turn them in to and when??

I am sure the above dates sound ridiculous, but it's taken him 3 years to get to this point, he wasn't given an opportunity to have surgery while still in the Navy. We would really appreciate opinions from those who have bravely gone before him and know how the VA system works....right now it's a pretty confusing beast.

Edited March 1, 2011 by TXNVYMOM

[TXNVYMOM]

We got a letter today from the Veterans Affairs in Winston-Sal, North Carolina.

It says:

We are still processing your application for COMPENSATION. We apologize for the delay. You will be notified upon completion of processing...then more information about change of address if necessary....

Is this a form letter that everyone gets? Should we assume his claim is being processed in Winston-Salem, North Carolina.?

There may have been others, but this is the first one I have seen concerning compensation.

[Berta]

I just posted this Tricare link for someone else here but it could help you and your son:

http://www.tricare.mil/mybenefit/home/LifeEvents/InjuredActiveDuty/BenefitComparison

"Is this a form letter that everyone gets?" Yes

" Should we assume his claim is being processed in Winston-Salem, North Carolina.?"

There may have been others, but this is the first one I have seen concerning compensation.

He will surely get a VCAA letter unless they already have enough info from the PEB or MEB.

What rating was he assigned due to the PEB or MEB?

The VCAA letter will state IMPORTANT REPLY REQUESTED.

He should respond to that within the deadline on the letter and get a proof of mailing of his response (after he makes copy of it for his records.)

[TXNVYMOM]

Thank you for your response. He received a 30% TDRL rating from the Navy. We will be on the lookout for a VACC letter. I did think it was odd that the letter said compensation rather than rating due to the fact we still don't have the rating percentage.

[TXNVYMOM]

Thank you for your response. He received a 30% TDRL rating from the Navy. We will be on the lookout for a VCAA letter. I did think it was odd that the letter said compensation rather than rating due to the fact we still don't have the rating percentage.

What does VCAA mean? Thank you.

[broncovet]

A "VCAA letter" is a letter you get from the Regional office informing you about the Veterans Claim Assistance Act, I think it was year 2000. This letter is part of the VA's "Duty to Assist" the Veteran, in part, in obtaining medical records for purposes of obtaining VA disability compensation benefits.

The VCAA letter normally comes a few months, or sometimes even a month or less after your formal application for benefits.

IMHO the VCAA letter is largely VA gobbledygook BUT in certain circumstances it can become very meaningful.

It can provide "legal loopholes" for the Veteran..especially if the VA does not fully comply with VCAA.

If you dont already know this, the VA is not Santa.. Instead, they often use every trick in the book to keep Santa out of your familys chimney on Christmas eve. Any excuse to delay or deny. The VA does not believe ONE word of what you say, but they beleive everything they say...so that is why I use THEIR OWN WORDS against them.. Some of us go for years or even decades because Regional Office people did not read our evidence.

I will use an example of mine, where I am NAILING the VA on its VCAA letter. The VA sent me a letter back in 2002, asking me to submit "evidence of a physical OR MENTAL disability". "to determine my eligibilty for disability compensation benefts. So, I sign the medial information release form, authorizing the VA to see my records, then I go to the VA doc and he notes that I am depressed.

The VA "forgets" about this, processes my hearing loss claim, which, of course, they deny. I appeal. In appeal, the BVA says..."Gee, the Vets audiologist said his "hearing loss is most likely due to noise exposure in military service"....so what is the problem? The BVA awards me service connection for hearing loss....at zero percent, still forgetting about depression AND that I told my doc I could not get a job. (that is evidence of a claim for TDIU). Further, my VCAA letter acknowledged my application for disability COMPENSATION...benefits...not for service connection, like the BVA letter says.

Why the difference? Well "service connection" can be zero percent (mine was). But I was not asking for "service connection"...according to the VCAA letter I was seeking compensation (money). So my BVA award, I contend, was for money, not zero percent lollipops.

Further, I am using the VCAA letter as "intent to apply for VA benefits"....that is...the VA sends me a letter to submit evidence of a mental disability for compensation and when I do so...that should suffice as "intent", right? No..the VA is fighting me...trying to say "We didnt know you intended to apply for depression..just hearing loss". (I have been awarded depression...but 5 years later)

You see the Veteran has to demonstrate INTENT to file for benefits..not just go to the doc for treatment..but intent. Now, Im NAILING the VA..."Gee..you sent me a letter to help me file for benefits (VCAA letter). ...asking for evidence...so I give you the evidence, and now you say I did not intend to apply for benefits..."

The problem is, of course, that the VA shredded more than 2000 pages of my evidence..but I still have to prove I "intended to apply for a benefit" to get my five years of retro. Im using THEIR letter against them. They shredded that VCAA letter, too, but I have a copy so I sent it to them!! This is how it works at the VA..we use the regs against them...they WILL use them against us..

The regs and case law is a weapon. The VA normally gets their way with us, because we dont know how to use the weapon. Well, hadit members know!! Berta KNOWS how to use their weapons against them!! And she helps us. She is the best.

Edited April 3, 2011 by broncovet

[TXNVYMOM]

Thank you broncovet. I am learning more and more each day from reading posts here at Hadit. I don't always understand each of the posts subject matter, but one day I will have an "aha" moment. It's a pretty big puzzle!!

I really appreciate the help from everyone.