Va Claim Run-Around

[GoldDvlDog]

My claim has been in development for 10 months. I have made multiple IRIS sent to houston varo.I then keep getting letter stateing that they are unable to answer the IRIS due to overwhelming amount of back log and they do not know when they can get back to me. My latest IRIS they sent me a reply stateing i need to show a connection between service and the ms now for proof of service connection... this does not make sense. MS is a 7yr presumptive, therefore i do not need to make a connection its automatic. Further more they said all my items tracking have been closed and they do not need anymore info to move the case forward but they might contact me if they need more.. wth kind of contradicting statement is that lol. This is an auto-immune diease, and from what ive read i can some how request it to be expedited due to its nature. Claim is in its 13th month and has gone no where, is there something i can due i.e. goto local media/congressman to get things moveing. Sadly i have gotten worse since my last post, and by the time i get this initial claim rated, i will now have to submit for an increase and new residuals. Just need a little bit of advice on what to do. thank you.

[Berta]

"Multiple sclerosis may be presumptively service connected if it

becomes manifest to a degree of 10 percent or more with seven

years of leaving qualifying military service. 38 C.F.R.

§§ 3.307(a) (2009)."

Were you able to send to them (with proof of mailing) any evidence to support that regulation?

I regret the claim is taking so long- many of us here had to wait Years before we got a proper decision.

Do you have a vet rep?

Did you fully respond to the VCAA letter within the timeframe they gave you?

"Sadly i have gotten worse since my last post, and by the time i get this initial claim rated, i will now have to submit for an increase and new residuals. Just need a little bit of advice on what to do. thank you."

I feel you should submit ANY new evidence that indicates your condition has gotten worse.

"can due i.e. goto local media/congressman to get things movein"

I dont know what media attention would do because your situation is not unique-in that you are waiting for a devicion.

Congressional intervention could tie the claim up for many more months.

Do you get SSDI solely for the MS?

If so, does VA know that and did you apply for TDIU?

[GoldDvlDog]

Thank you berta for the info. you helped me out before on my other ms post. They were given everything on time. The only delay was that the person doing the review did not look phyically in my file as they should have done. Instead the development team looked in the data base and saw i still had open tracking items that were not updated in the system but the evidence was phyically in the file. I am useing a vet rep but they tell me its basically out of their hands now. And all VCAA letters where answered via mail and phone in on time. As far as submitting new evidence i was advised against this due to the fact a. it will prolong the development. b. it may not help the amount of % vs. waiting then resubmiting for a increase c. It will make the claim more confuseing than need be. I currently have 18 items on the claim all have smr/imo's/hospital evidence attached (all of which are rateable with va diagnostic codes) for primary to ms and residual. I was told to goto my local media by a friends wife. Her husband had a ptsd/depression claim in limbo for 7 months he went to our local news station, i can try to find a link to the news feed, and exactly 3x weeks after the media contacted houston va they gave him a rateing. My guess he got really really really really lucky. Most of the time you hear about things like this and its just hear say but they did a follow up with him and broadcasted the result and letters he got dated 3x weeks after the media contacted them. I do not get ssdi and i currently have a job (barely) so i didnt think i could apply for tdui much less do i know how to. Thank you once again berta :)

[71M10]

I currently have 18 items on the claim all have smr/imo's/hospital evidence attached (all of which are rateable with va diagnostic codes) for primary to ms and residual.

In a perfect world this shouldn't make a difference, but the fact the claim has 18 items is going to make it take longer. As much as they claim they don't cherry pick claims if a rater has a choice between working a 1-2 issue claim vs an 18 item claim they are going to grab the 1-2. They have production quotas and it is much easier to make quota on a small claim vs a long claim.

When the overall backlog was smaller 2 years ago my neighboor waited 18 months for a decision on an AO presumptive cancer he had and his packet was complete with a DD214 that showed boots on the ground in Vietnam and medical records test results ect from a board certified Oncologist.

The fact that you are still working will make it very difficult to request it be expedited for hardship reasons.

This post isn't much help, but it might help you to understand some of the issues that might be causing the delay.

Best regards,