Claim Filed Over A Year Ago, And Va Has Done Nothing Yet!

[Bkorea70]

A little background first: I have 20% for DDD in my lower back, and 20% for pinched nerve and herniated disc in my neck secondary to DDD in my back. I had discectomy in my lower back while in service due to an injury that started in airborne school in 2003. I hurt my neck at the same time, but army doctors never did anything about my neck while I was in service. Once I got out of the army in 2006, I started seeing the VA for my neck and back problems. The VA did a fusion in my neck in March of 2010.

I filed a new / increase claim in April 2010. The claim was for increase in DDD in lower back, increase in urinary incontinence (previously rated 0%) which was caused by the pinched nerves in my neck, and a new claim for temporary 100% disability for the two months I was out of work due to recovery from my neck fusion, which is service connected. I know if you are in a hospital, on bed rest, or recovering from a service connected injury surgery for six weeks or longer you are entitled to 100% temporary disability compensation.

So, I filed these claims together with the help of my VSO a month after my fusion in my neck. It has been over a year now and the only information I have gotten to this point is the nice little letters from the VA saying they are still working on my claim. I haven't even received an appointment for a new C&P exam. I called the VA to check several times and they always tell me that it is pending. The last time I talked to someone at the Chicago regional office, she told me that they hadn't received any evidence from me yet and they had no record of my surgery for the temporary 100% claim.

Well, let's see! I sent a huge packet of evidence pertaining to my DDD in back is worsening and the evidence for the urinary incontinence. I sent the original form back from the VA allowing them to pull my records as well and the girl from the VA said I sent the letter back denying the VA to pull my records. And, how is it possible for the VA to have no records of my fusion in my neck when I did the surgery at the Milwaukee, WI VA hospital??? I didn't have the surgery at a civilian hospital, but a VA hospital!!! That really confuses me!

So, I am trying to figure out what I should do at this point. My VSO says to keep waiting. I am afraid my claim slipped through the cracks somewhere and it is not getting processed at all. The first to claims I filed were completely finished within six months. This time, it's been over a year and I still haven't received a C&P exam. I know you guys have gone through similar experiences, and I am looking for any input and advice you can give me, PLEASE!!!!!!!!!!!!!! I am half tempted to call my congressman or something to that nature to try and get the ball rolling, but I don't know what the appropriate next step for me is. Please let me know what you would do in this situation??? And just to confirm, I should definately get back paid to April 2010 if the VA finally decides and gives me an increase, right?!? Thanks so much for the help!!!

[john999]

I don't think it would hurt to see your congressman. Your claim is going nowhere so you don't have to worry about slowing it down at this point. Bring your proofs to the congressman (not a hundred pages) and sign the release for the congressman to get access to your records. When you call the 800 number I would not trust anything they say. You could send an IRIS inquiry, but that is not always good either. Tell the congress assistant or congressman that your claim was sent in a year ago and since that time you have gotten conflicting information about it. A year is just not that long to wait, but your claim is probably sitting at the bottom of a pile.

[Pete53]

If you are satisfied that VA has the evidence it needs to rate your claim you can tell the VA to go ahead and rate your claim with the evidence it has. In your case I would expect that they would schedule C&P. The VA has and will continue to wait for stuff they don't need and I know its maddening.

Good Luck

[Berta]

If I were you,I would send them an IRIS -think about it first and prepare it in a word or Off org doc so you can edit it before you copy and paste it to IRIS and send it.

Ask them specific questions as to the status of each claim to include the temp 100% and also to veryfy the evidence that you sent and then briefly list it with dates.

"I am afraid my claim slipped through the cracks somewhere"

I had that feeling when I filed my AO IHD death claim in Aug. 2010.

Sure enough they lost it,found it and then sent it to the wrong VARO.I only found that out by asking via IRIS some very specific questions.

I suggest you ask for either email or snail mail response from IRIS.

That way you have hard copy proof of the status as at 800# they can say anything and it might not be true.

Edited May 27, 2011 by Berta

[Notorious Kelly]

I got a response from my VARO shortly after sending IRIS inquiry.

You can do that here: IRIS- Ask a Question

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