Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

Frustration....overdrive

Rate this question


bakerkd

Question

Ok let me try this one.

Filed my claim in August 2010. C&P's completed in Jan, Feb and May 11. Claim went to raters 6 July 2011. Log into E-benefits today and notice that claim is back in development. Call Peggy...I'm told VARO Atlanta doesnt have Sevice Treatment Records. I say i was told on 2 Nov 2010 that my records had been recieved by VARO and they would schedule whatever C&P's were needed after reviewing records. Well, I got the C&P's, spent 11 months in Development total and 2 months at raters and I'm now told they "never recieved" my SMR's. Does this smell fishy?

Peggy said they requested records from National Repository and recieved a "negative response" whatever that means. I asked if they followed up and she said no. I asked should they have followed up? She said we sent you a letter in November, I said you sure did but that was to schedule my C&P's and no mention of SMR's. She said we sent you another in May...I said yes you did but that was for another C&P and no mention about missing SMR's. She said, well we mailed you one today.

I said ...ma'am I check my e-benefits everyday and there has never been anything on there stating anything was missing. I call the 1-800 every week and ask if there is anything the VA needs for my claim and over 50 times now i've been told "no" My claim is 13 months old and nobody has ever mentioned they didnt have my SMR's....I have two copies of them in my office. I could have overnighted them a year ago.

Link to comment
Share on other sites

  • Answers 11
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

Bakerkd -

I feel your pain. They're a mess, and for every time they did something right, they managed to off-set the good stuff by at least twice as many screw-ups. I get that we need to be flexible with the VA even when they're strictly inflexible. They keep us on a leash and expect us to bend to their every whim. That said, it's in our own best interest that when they pull the no-notice C&Ps that we make every effort to go or at least re-schedule them to a better time/date. I'm lucky: my boss is flexible and when I give him a short-notice request for a day off, he doesn't lose his mind. Besides, I work for the FED and they HAVE to give me the time off to go to VA appointments. I can say this: take pride in the fact that you're on top of your exams, claims, etc. I'm a frequent eBenefits checker, too - can't help it, I'm just built that way.

PS: The ATL VARO is horrible about updating eBenefits. From my understanding, it's hand-jammed and an after-thought. IRIS has been my best tool (other than the VSO) to getting information.

Edited by justrluk

Limbo is status quo for the VARO.

Link to comment
Share on other sites

It;s important to understand - there is no way to accurately track your claim issues !

It doesn't matter if you use 1-800- Dontknowsheet,

OR -IRIS OR - ebenefits.

It's been posted so many times - your claim issues are not a package with

a single destination.

A claim can easily just sit somewhere for 6 months or more doing absolutely nothing

then sha - bang, the next week it might move thru 3 or 4 different areas, finally be ready to rate

and BOOM - back to development for something.

Dang - you can even finally get to the BVA's jurisdiction, be waiting there for a year or more

and get remanded back to AMC/VARO for something like no VCAA notice was sent to the claimant.

The adjudication process should not be much different than an assembly line for building a car

BUT - it is as there are many variables.

Also, each time additional evidence is sent in - that adds to the wait time as that additional evidence must

now be considered and perhaps it may require additional development.

JMHO

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites

  • HadIt.com Elder

Your claim can be remanded for a clerical error. Get the best evidence you can get and get some sort of receipt when you hand it over to the VA. They can still screw it up as in your case with the SMR's. I worked for the Feds like Just. The VA said they could not go ahead with my TDIU claim because they did not have a record of my last day at work. They said they were "sending for it". I had the record of my last day at work. I made a copy of the Form 50 and took it to the VARO by hand. You are right that you cannot trust these dopes. They said the same thing about my SSD records. I took that to them as well. That alone knocked off a year of waiting.

Link to comment
Share on other sites

It;s important to understand - there is no way to accurately track your claim issues !

It doesn't matter if you use 1-800- Dontknowsheet,

OR -IRIS OR - ebenefits.

It's been posted so many times - your claim issues are not a package with

a single destination.

A claim can easily just sit somewhere for 6 months or more doing absolutely nothing

then sha - bang, the next week it might move thru 3 or 4 different areas, finally be ready to rate

and BOOM - back to development for something.

Dang - you can even finally get to the BVA's jurisdiction, be waiting there for a year or more

and get remanded back to AMC/VARO for something like no VCAA notice was sent to the claimant.

The adjudication process should not be much different than an assembly line for building a car

BUT - it is as there are many variables.

Also, each time additional evidence is sent in - that adds to the wait time as that additional evidence must

now be considered and perhaps it may require additional development.

JMHO

I'm fully aware that a claim cannot be tracked like a fedex package. I'm also fully aware that if/when a mistake is made it is best to correct it immediately. I pay attention and ask questions repeatedly and the past 13 months have been a waste of time. Now my additional evidence, as in the ONLY evidence will certainly require additional development. You shouldn't have to be an expert, neither should I...WE ARE THE CUSTOMER.

Link to comment
Share on other sites

Something fishey going on methinks. I called Peggy to notify that (I will provide STR's) since VA couldnt get them. I asked young lady "how did we manage to get 13 months into this claim without having STR's?, oh and by the way I was told on 2 Nov 10 that you had them already on file" She put me on hold to look through notes. Low and behold there is a note from 26 October 10 showing that STR's were received and are on file. Ok I ask, what is going on? Peggy says we must be missing something from your STR's. Like what I ask? Don't know she says. If you have copies of your STR's you should just mail them in.

So I tell her ...of course I will. So VA sends me a letter telling me they never received records 13 months into claim and now when pressed on the issue admit they have had them for nearly a year......Sounds like somebody is stalling. I will send in records anyway but I honestly think someone is trying to play "suspense games" at the VARO or they lost my STR's

Edited by bakerkd
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • RICHKAY earned a badge
      One Month Later
    • pacmanx1 earned a badge
      Great Content
    • czqiang1079 earned a badge
      First Post
    • Vicdamon12 earned a badge
      Week One Done
    • Panther8151 earned a badge
      One Year In
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use