Over A Year...confused

[stinger]

My case was filed back in September 2010. It involved both legs, heart disease, and now cancer due to AO. It just won't budge from the Development Stage. They have plenty of medical and records evidence. They even sent some of my evidence back to me, asking for more. However, the evidence they were asking for was included in the packet they returned to me. I am scheduled for cancer surgery in January, they have proof of that stage. I have recieved no updated, or at least word that I will be getting the temporary 100% for the cancer/recovery. I keep hitting a wall, and have been told by IRIS that everything they need is there, but no progress. Any suggestions?

[Philip Rogers]

I wouldn't expect much to get done from the week before Christmas to mid January, as, I believe, many of the long term VA employees take vacation, then, w/their families. Sorry! jmo

pr

My case was filed back in September 2010. It involved both legs, heart disease, and now cancer due to AO. It just won't budge from the Development Stage. They have plenty of medical and records evidence. They even sent some of my evidence back to me, asking for more. However, the evidence they were asking for was included in the packet they returned to me. I am scheduled for cancer surgery in January, they have proof of that stage. I have recieved no updated, or at least word that I will be getting the temporary 100% for the cancer/recovery. I keep hitting a wall, and have been told by IRIS that everything they need is there, but no progress. Any suggestions?

[Chuck75]

I agree with the not much getting done!

As to the original poster's remarks. It's possible to shorten the process slightly if the existing evidence is known to be sufficient to "prove" the claim.

Basically a certified letter can be sent to the VARO, stating that the veteran wants the claim decided on the existing evidence of record.

This can more or less stop or abbreviate parts of the "development" process, and send the claim to the decision makers.

Naturally, this, as many other things in dealing with the VA, can easily be a "two edged sword".

There is always the possibility that the VA will try to minimize existing evidence, for a myriad of reasons, and deny, even when the evidence, by regulation and statute, sufficient.

A classic example, is calling a single IMO speculation. This is more difficult when there are multiple IMO's that say the same thing.

I wouldn't expect much to get done from the week before Christmas to mid January, as, I believe, many of the long term VA employees take vacation, then, w/their families. Sorry! jmo

pr

Edited December 15, 2011 by Chuck75

[Pete53]

My heart goes out to you. Have you considered telling them you intend to file a Writ of Mandamus in 30 days and if no answer file it just before surgery.

Be sure and look at the links