Is It Normal To Rate Only On Some Contentions?

[Colt]

My timeline so far:

8-28-2010 Claim enters Development phase (initial submitted)

12-20-10 Claim enters Decision

10-12-2010 Claim enters Notification phase

10-14-2010 Claim enters Decision phase

10-19-2010 Claim enters Notification phase

10-26-2010 Claim enters Development phase

I was like really? I give up. I told myself I wasn't going to let it get to me anymore. I've been driving myself crazy and for what? But before I left the site I saw new letters. Disabled Veteran Civil Service Preference (AB4) and Application for 10-Point Veteran Preference (SF15). Don't you only get that if you're at least 30%? Now my curiosity got the better of me and I call the 800 number.

The VA Rep stated that only some of my things were rated on and a letter was sent and those closed. The others that were not rated were sent back to the development phase. Since they are back at square one, should I request my c-file? Also, I guess it's safe to add all the stuff that I wanted to previously (from my appts) and get them in since it isn't like it can slow down my claim now.

Edited October 26, 2011 by Colt

[john999]

The VA often defers ratings on some issues.

[JT24usn]

They will pay what they cN and defer others, but not partiL and deny. So maybe that is a good thing or saw something they need.

[Colt]

Thanks for the replies.

John your deferred statement gave me something to search and helped me understand better. Appreciate it!

[carlie]

Since they are back at square one, should I request my c-file?

Also, I guess it's safe to add all the stuff that I wanted to previously (from my appts) and get them in since it isn't like it can slow down my claim now.

I am a firm believer that if you request a copy of your c-file now, submit any additional evidence

or information now - it will throw the brakes on any current actions on VA's part.

[Colt]

I am a firm believer that if you request a copy of your c-file now, submit any additional evidence

or information now - it will throw the brakes on any current actions on VA's part.

Carlie,

I looked at my benefits explorer and it says 30% under the profile area. I didn't put that there and yesterday it was 0% so I'm assuming that is what they rated me. I haven't received my letter yet, but I highly doubt it's different. If they denied SC for ones I really need, won't I have to submit evidence for that anyway since I'll only have the "one year to appeal"? Not to mention since it took 14 months for the first go around I can only assume it won't move very quickly right now since those items went back to development.

I owe $11,700 for severance pay, so even at 30% I still have a while to go until I receive anything. I really thought my C&P exam read better than that. Back to the drawing board, I'll post more when I get solid stuff. Thanks!

[broncovet]

Colt

Did your RO decision state that the other issues were "deferred"?

The VA has a habit of "deemed denials" and can try to imply that your other claims were denied.

There is considerable case law on this, but the bottom line is the VA can deny "sub silentio" and you have to appeal it in a year or lose out.

For more information go search "deemed Denials" at the CAVC or BVA website. Veteran Be ware!