ptsd 24 Months And Still No Movement

[devildog2061]

I'm going through a DRO Review appeal for increase PTSD and IU. It has been 24 months, and I've had my C&P

on the 17th of July. There has been absolutely no movement on E-Benefits. It does state that I submitted for an

appeal and the claim is still at the RO local office, but hasn't provided any steps that it may have gone through so

far. I call the 1-800 number and customer service stated that it's with the DRO waiting C&P, and rating. Why has'nt

there been any movement on E-Benefits ? Is this normal this late in the process ?

[ComputerGeek46]

devildog2061 It took my claim a little over 36 months I did call my VSO and got movement but that was a initial claim on side effects and a tdiu deferral so on an appeal and perhaps others can chime in can take a little longer but withstanding I hope for your sake it moves fast. Keep the faith and stay positive and check up on your case regularly I mean call and go in person every so often.

Thank You for your service

Edited September 10, 2012 by ComputerGeek46

[Notorious Kelly]

Sorry it's taking so long, DD; it's a travesty.

I agree with CG - go in person periodically to VSO and cordially ask them to check status.

ebenefits may not change ever, regardless of your claim's status.

Hang in there!

[71M10]

devildog2061,

I am 21 months into a DRO. I have listed the timeline of my experience.

On month three they did my DRO hearing

Month six one C&P.

It sat for the next 5 months.

They picked it up to rate in month 11, decided they needed additional C&P for the second item on appeal.

Month 12, the VAMC C&P office tells RO they don't need the C&P.

Month 13, DRO asks for a Medical/opinon records C&P.

Month 15, RO received Medical/opinion records C&P.

Month 16,17,18,19 File sits waiting for DRO rating

End of month 19, DRO reviews file for rating decides all C&Ps are deficient, indicates medical opinions required.

Month 20 and 21 file sits waiting for someone to actually request the medical opinions.

The average for DRO reviews at my RO is 357 days. I only have two items on this appeal restrictive lung (sleep apnea and kyphoscoliosis) and a voiding dysfunction.

The thing that really torques me off is that there is a medical opinon in the file, from board certified sleep specialist that says more likely than not, apnea started in service. this letter goes on to cite specific medical indicators from my SMR. The opinion was cited in other VA ratings for hypertension and cardiomegaly, but they continue to act like it doesn't exist for the lung claim.

I fully expect that I will have to go to BVA and in about 4-5 more years I might get a fair evaluation of the evidence, but I can't get into that line until they make a decision.

Best regards,

Edited September 17, 2012 by 71M10

[devildog2061]

Yes, I know what you mean 71M10. I feel I might have to go to the BVA aswell, because my SSA award was approved

for a combination of Back (NSC) and PTSD (SC). I know they will try to use my NSC condition against me. Thing is they

have all the info, including the C&P to make a decision. They have stated in my last inquiry the hold up was the C&P. I have a lawyer handling this appeal, so today I had him call to make an inquiry. If I don't get some type of logical explanation as to what the hold up is, then I'm really considering calling the case management team. I think I've been very patient with the claims process in allowing it to run it's course, but enough is enough....Would I be wrong ?

Again, I've been waiting over 2 years....

[71M10]

I am currently trying to get an informal conference. My rational for requesting it is to have them explain to me why they find the 2007 medical opinon unsuitable now and an explanation on how 38CFR, as written is not applicable to my medical conditions.

At first they told me I couldn't request one.

After I sent them a copy of the section in M21-1MR they admit I can request one, but it is DRO discretion to allow it, they said they sent the request forward and 4 months and mutliple requests for an answer to that request has been ignored.

Currently have congressional Liason making an inquiry as to why they have not answered my request for a conference, Why it took them over a year to determine thier C&P exam was insufficient, and why they have not sent out a request for the medical opinon/additional information?

I hadn't looked into case management, I guess I assumed that is for cases at BVA or AMC (I could very well be wrong).

I get the distinct impression the local VARO doesn't like me, but thats ok, I really don't like them either. If they would just do the job and follow the rules things would be a whole lot easier for all involved.

Best regards,

[devildog2061]

Amen Brother.... on a previous issue, I had to get my congressman involved to settle the matter. Maybe why it's

taking so long. I guess I pissed someone off and got red flagged, but I don't care either cause I was awarded my

claim. I'm not telling you to do that, but I personally know it get results. Also, the case management team is for those claims, like yours and mine, that have gone over two years without being settled. We have to keep fighting and use all

avenues of approach to get the benefits we so rightly deserve, because the VA don't play fair. Never give up...

Rules and Reg's are made to be followed, let's make them....