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 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Compensation Claim Having Issues Getting Decision Since 2010

Rate this question


manning01

Question

I hope one of the experts here can give me some guidance on my claim. I submitted my first OIF compensation claim back on Sept 7th 2010 did all the C&P exams Nov 2010 "yes that's fast for the VA" and was put into decision Dec 2010 at the Phili VARO. That is where the nightmare has begun. Since then we moved from PA to AZ in April 2011 so it took a month for it to arrive here and the Phoenix VARO back my claimback into development till Oct 2011 (5 months) why who knows when the Phili VARO had it in decision. Then they put it into decision late Oct then farmed it out to a Tiger Team in Cleveland OH VARO on Nov 1st. Then it sits from then over the Holidays till Jan 17th 2012 and it said closed today on Ebenefits YAY sucess, YA right. After asking my VSO he said they deferred my entire C file decision due to missing two 4142's even though the DOMA system says it's done but MAPD says no. Then the VA rater she entered two Doctors names in the report one was my VA doctor in PA and the other I have no Idea who that doctor is. I checked my copied 4142's I submitted with the claim and that one Doctor is not there so the RVSR made a big mistake and the other my old VA Doctor I sent in all the VA records with her name on it that deals with my claim. So now they are sending my whole package back to Phoenix AZ and starting over again in gathering documentation after 14 months of waiting. Is there a way I can just resend in my VA doctors notes to cover the claim and tell my local VARO to ignore any oustanding 4142's I had sent to them back in 2010 update MAPD and get my claim back into decision as is? I really don't need that VA doctors notes anyways to validate my claim and the other Dr name is an error, go figure that can't even get that right. This is crazy I waited all this time and it finally made it to a RVSR and they didn't even update their system correctly so now due to their incompetance I pay for it again by waiting months longer. I hope I can just tell them to ignore my two 4142's outstanding and process as is, I did sign the VCAA to state I have no more documentation to send them back in Oct 2010. Any ideas??? Flustrated

Link to comment
Share on other sites

  • Answers 8
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Yes I'm close only 24 miles away in Phoenix. I took a drive down there yesterday to talk with my VSO from AMVETS they are in the same building on the first floor. He had me fill out a new 21-4138 to say I submitted everything I need and to ignore the two 4123's open in MAPD system and process my file as is. I even had him resubmit my VA medical record I had a copy of with all info pertaining to my claim. What surprised me was on Ebenefits today they already showed logging in that paperwork, wow the next day and it's in there they must be trying to break a record. Everytime in the past it took atleast 2-4 weeks before it showed up in there. Also my records were sent to Cleveland VARO to a tiger team there (farmed out). So my VSO emailed the VSR rater personally to ask her to close out the open records and to process my file as is, hopefully she will do that, but as you know it's the VA. She probibily already put it back in the mail to be sent back here to AZ for more development. That way they have one less file to process especially coming from anouther VARO and that 4138 will get lost between here and OH. Oh the fun of waiting on a initial claim 17 months and counting. John

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

    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • 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.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use