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Under Review For Rating, How Long Will This Take?

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Can anyone explain this to me, I received this email today from a VARO employee and don't really understand what he is stating.

It appears that both are under review for rating. The IU claim is ready to rate with a rater, the other claim just was closed for development and under review for the rating board. When you claim is under review, it is being reviewed by a senior developer to insure the claim is not returned to development once it is forwarded to the rater.

When you file is sent to the rating board, it will take some time to be rated as it will be rated in order of receipt at the board.

Processing time is unknown. However, if granted, you award will be retroactive to your date of claim.

7/28/2010 Administrative Review Decision Phase - Reconsideration of last decision to deny my reopened 1985 claim, has been in the decision phase since 10-2010.

10/7/2010 Compensation Development Phase. Claim application for IU, bounced from decision phase after 45 days back to development phase.

Here is a snapshot of what information that has been presented in the request to reconsider the last denial in 2009.

Reconsideration of 7-2010 re-opened claim due to MRI ordered by C&P examiner was done on the same day that claim was denied, they did not wait for MRI before making decision to deny.

In late 10-2010 I submitted memorandum letter from the Department of the AF that was dated 8-2010, this letter was sent to me because I asked the AF Board to change my dd214 from JFL to JFL1, the AF Board allowed the request to go forward by saying that the even though the request was not timely filed (26 years after discharge) that in the interest of justice that they will overlook the time requirements.

Subject - Application for correction of military records.

Requested Action - The applicant is requesting to have his separation code of JFL changed so he can receive benefits that have been denied him by the Veterans Administration.

Facts - Applicant was referred to the informal physical evaluation board on 14 Dec 1984, for facet syndrome, lumbar spine, with low back pain. The IPEB found member fit for duty. Member requested a hearing with counsel at the formal physical evaluation board. On Jan 18 1985 the FPEB recommended discharge with severance pay with a disability rating of 10%. The member non-curred with the FPEB and in his rebuttal to the Secretary of the Air Force (SAFPC) requested that he be given additional testing on his back. On March 25 1985 after review of the case file and proceedings from the FPEB the SAFPC recommended discharge with severance pay with a disability rating of 10%. Message was sent which established the discharge date of April 23 1985. Member served 3 years 11 months and 23 days of active service.

Discussion - Member is wishing to receive benefits from the Veterans Administration. Members dd214 form correctly reflects that member was discharged by reason of a physical disability and entitled to severance pay. JFL is the correct separation code for a person who was approved for a medical separation with severance pay.

I applied for my VA benefits while still on active duty so that I would be entitled the day after my discharge. 3 months later the VA denied my claim and now, since I have E-benefits, I see where they say that I was denied because their is no evidence in my SMR or elsewhere that I had any injury or disease during service. I have a Line of Duty determination that states my injury was caused by direct physical trauma to my lower spine while working as an aircraft mechanic in my files from the MEB investigation and over 2 years of physical therapy while on active duty. My final diagnosis was from the Chairman of the Orthopedics Department at Malcolm Grow Medical Center.

I have copies of my SMR's and Admin records that I made 26 years ago and every time in the past I tried to submit them, they would not accept them because they said that all the information was used to deny my original claim in 1985. I have been denied in 1985, 1990, 1999 and now 2009.

I am hoping that the following VA Memo regarding reconsideration of claims is in the works. VA Memo regarding reconsideration of claims

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  • HadIt.com Elder

First of all no one can really estimate how long but for most usually 60 to 120 after C&P. It appears that they made a decision before they got your MRI but since you asked I fould guess 2 to 4 months.

Good Luck

Veterans deserve real choice for their health care.

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The term Review is various and vast with the v.a. sad to say lol lengths vary for size and complicity of claims. In my case my file was in "review" for 11 months with no c&p's even being orderd yet. I was told that a review has many phases it must go throu. Mine was in "Developmental Review" then got sent (i know this sounds redundant) to another person to have the "review" reviewed lol. Its the va's way of avoiding the inevitable... doing their job and helping you. Reviewing is a way to slow your file to give people further down the chain to catch up on the file load they already have. Just have to be patient and let the bureacratic river flow your way lol. Try calling them every 30 days or every 2 weeks doesnt matter what ever is best for you. keep a tight leash on them and stay on them. I sent 3 iris's to them asking status on my claim and got a letter back saying they are very back loged and will look into where my file is but they at this time could not give me a time frame that they would be able to respond to the iris lol so the call center rep sent one out just cause she got mad at my RO's response saying it was no sufficient. about 2 weeks later i was told my review was being given a final review.. lol

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