Claim Question

[Guest jangrin]

I was just wondering when the RO recieves a claim that has multiple conditions (sent all on the initial claim), do they make a determination on the ones they know are service connected first and send out notification, or do they go ahead and send out a notice on each condition as they make their determination? OR do they hold back everything on the initial claim until they have made a determination on all issues and then send out notice. Also how long before a C & P exam is scheduled following filing the initial claim? Do they always schedule C & P exams? Thanks

Jangrin :D

[mssoup1]

Someone else may have more information than me, but with the experience with my husbands claims, they decided all of them before issuing him their decision. The only exception to this was when he had new claims in and remands from the BVA. In this instance, they sent him the decisions on his new claims and then later sent him their decision on the BVA remanded claims.

From what I have read in other postings, I am not sure that there is a hard and fast rule on this. It may depend on the RO handling your claim, then again, it could depend on the person deciding your claims. I've heard that if a decision can be made on any outstanding claim, regardless of the number that you have filed, then they can decide on just that one and send you the decision.

This is only our experience. Someone else may be of more help to you on this.

As far as the C & P exams go, again I think that depends on the backlog of the VAMC in doing C & P exams. At our local VAMC, a C & P gets scheduled fairly quick, but I have read other postings from veterans where they have waited a long time in getting their's scheduled. Not all claims require a C & P. If the evidence is enough for the RO to make a decision, without the C & P, then you will not necessarily be scheduled for one. My husband has always had a C & P exam for all of his claims, even though we felt the evidence we presented was enough to decide his claim favorably to him. Again, this is only from our experience.

mssoup1

[carlie]

jangrin,

By initial claim - are you saying this is the first time you have ever filed a claim for SC disability with VA ? When were you discharged ?

My opinion:

VA does what it wants -- when it wants.

carlie

[Guest jangrin]

Thanks mssoup1 and Carlie,

This is the first time ever applying for SC conditions. My husband is vietnam vet. Just wondering if there is a time frame for initial presumptive DMII determination. I know other conditions and seconadary conditions may take more time but the initial claim for DMII, I would think, should be rather quick. Just wondering, he filed for the DMII and secondarys back in January.

JANGRIN .

[RockyA1911]

My personal current experience is they have waited 16 months so far since I filed my claim with multiple conditions. I was already SC 10% since 1976 and I filed for increase on that one and the other conditions were new and I filed them all together in March of 2005. I had the first C&P for two of the conditions in July of 2005. I had another test MMPI and neuro-psych exam Dec 05 through Jan 06. I then had C&P for two other conditions in May, and the final C&P for tinnitus in June of 2006. I too am a Vietnam vet. My claim is now in the finalization phase is what they told me on the 800# and has at least left the rating board.

It takes a long time, so it has been 16 months for me so far and could be more.

[Guest jangrin]

RockyA1911,

Wow!! That is a long wait in my opinion. I just assumed that when my husband filed for this that we would hear back in just a couple of weeks. Boy was I uninformed on the VA process. He has recieved a couple of letters asking him to send in additional information in support of conditions and how service connected condition is related to additional conditions. Only one problem, he has not been awarded with a service connected condition yet. So do we wait for determination or do we get IMO now, to connect all the dots? He hasn't even been sent for a C & P exam yet. I'm not sure how to respond to their letters.

This is certainly a learning process and much more involved than I ever thought.

Thanks, Jangrin :D

[RockyA1911]

Oh Yeah!

If you haven't even had the C&P yet, you are a long way off IMHO. And yes, I highly recommend getting an IMO to connect the dots and send those medical records with diagnosis along as additional information. That way you have a handle on it with a undisputed expert opinion. I always say it is better to get the IMO now up front or you will eventually have to do it in the end when disputing the comp award and that will take more time. Try to get everything you need up front and hopefully before any C&P exams so it is in the C-File where the C&P examiner that is supposed to review the file sees it. A lot of times they will not dispute the diagnosis that comes from an independent specialist.

Yep, this is not a spectator sport. It requires your full attention and concentration. So get some accordian folders, make copies of everything, and keep it all in a file and file everything by separate conditions you claimed.

The letter you got from the VA is like the first letter everybody gets after they file a claim. So sit back, gather all the documents and records you can to prove your claims. I know it is hard and the wait is the worst part. But it gets better once everything is completed and you are just awaiting the letter of notification.

Wish I could give you better news, but we all here have been through this maze and many more that are way beyond my 16 months awaiting a decision.

"When the going gets tough, the tough get going!"

Semper Fi,

RockyA1911