ptsd Stall On Claim

[vetswifeIndy]

So I sent a email to my husband's VSO yesterday asking him to look into why our claim of 24 mos. is at a stand still, and with a special status of "need more time to review your claim".

Hear back from him this morning with, "not sure why your claim is slow, has something to do with your PTSD claim".

Ok so I wonder, how does he know it has to do with the PTSD claim, and not know what it is???

This is AL out of Indy office.

Anyone had dealing with this office before?

Thanks all for your service,

VetswifeIndy

[broncovet]

24 months on an initial RO claim is too long. Obviously, your VSO is not helping so you need to take Proactive action.

I would start by sending an IRIS asking for status. Try asking a specific question about your case which can only be answered by reviewing your case file. Something like: "Have you recieved the C and P examination dated 12-2-2011? I have a question on its contents. You see, online they said the C and P examiner needs to be "qualified", so please tell me what the examiners qualifications to do a c and p exam are". I would also like to know status of claim.

This should get your claim dug out of the bottom of the pile..since it appears to be stuck there.

If this does not work, you can take more drastic action such as contacting your senator, or filing a writ of mandamus. The VA wants you to forget about this, and then they will say you abandoned your claim, and you need to refile. Its one of their "bag of tricks".

[manning01]

24 months on an initial RO claim is too long. Obviously, your VSO is not helping so you need to take Proactive action.

I would start by sending an IRIS asking for status. Try asking a specific question about your case which can only be answered by reviewing your case file. Something like: "Have you recieved the C and P examination dated 12-2-2011? I have a question on its contents. You see, online they said the C and P examiner needs to be "qualified", so please tell me what the examiners qualifications to do a c and p exam are". I would also like to know status of claim.

This should get your claim dug out of the bottom of the pile..since it appears to be stuck there.

If this does not work, you can take more drastic action such as contacting your senator, or filing a writ of mandamus. The VA wants you to forget about this, and then they will say you abandoned your claim, and you need to refile. Its one of their "bag of tricks".

Seems like this is the norm anymore sad to say. I'm at 25 months on my initial claim for only 4 things easy claim. But here in AZ the Phoenix RO and the VAMC seem to like to redo exams, I'm redoing my exams for the third time since Sept 2010. Between them messing up the exams and made them inadequate or as the last ones 6 months ago the C&P doc used the wrong DBQ for one of my issues wonder why we have such a backlog. So know I have to go back Oct 24th to repeat that one again for the 4th time urggg. As others say if they can stall long enough maybe you will give up or pass away then they don't have to pay you a dime. Even though my AMVETS VSO is very proactive it's hard to get past the VA's insurmountable stupidity and bureaucracy. They did threw me a bone and rated my PTSD and tinnitus at 1 1/2 years so at least I was rated on two of my items. Please have patience and keep pestering them they will eventually get it done.

Edited October 6, 2012 by manning01

[broncovet]

While I agree the VA wants Veterans to "lower their standards", they can not get me to lower my standards without my permission! And, I reject the idea that Veterans deserve anything less than the best of care, to include the best of care in relation to VA benefits.

Sometimes, the VA basically says, "Well we are offering low quality sub standard care, is this okay with you, Mr. Veteran?"

I answer, "No..I think I deserve quality care, including Veterans benefit administration, thank you very much"

Remember the VA gets away with whatever the Veteran lets them get away with.

For example, the VA pretty much automatically denies 85% of first time claimants. If the Veteran does not protest by filing a NOD within a year, he is forever barred from obtaining these benefits absent a clear and unmistakable error.

Its like the Va is saying, "Well you probably deserve these benefits but we decided to deny you instead. If this is not okay with you, Mr. Veteran, then you need to file a NOD."

The VA has essentially proposed a lowering of the standard of care as far as delivery of VA benefits, in part based on their beleif that it is the Veterans own fault for too many Veterans applying for benefits. If the Va is unable to handle the large number of benefit claims, then the Va managment needs to make changes to accomodate the Veterans, it is not the Vets responsibility to lower their standards.

[iraqx2]

You are abosolutely correct Bronco ! I share the same approach with what you said.

I would starting firing away with calls to the VA and face time visits to my VSO.

All VA claims are not supposed to be quick and easy. You constantly have to be on top of them weekly.

And do you guys know the sad reality??? If the VA right now hires 5,000 new claims processors, the wait will still be the same.

Good luck

[71M10]

Bronco,

Can you point me to the requirement for clear and unmistakable for a re-open?

I thought the standard was new and material medical evidence for a re-open. If it is clear and un-mistakable I screwed up on not appealing my neuropathy. I decided to deffer until my symptomology and the EMG's/nerve conduction were more consistant.

I knew I would lose my effective date (would be refile date, instead of original date), but didn't think I had to prove clear and unmistakable.

Best regards,

Edited October 8, 2012 by 71M10

[deanbrt]

they try to bundle them together so when you file a new claim, the older one waits on it. They turned a request of mine for oart if my c file and I knew if was attempt to delay transferring my appeal back to BVA.

An additional claim stalls everything if it is still at the RO. At least, that was my experience.

When my appeal was granted by BVA the RO tried to stall it by bundling it with another claim that THEY created. It was a violation of VA regulations that specify BVA grants are not to be held up for rating by other claims or if it was a partial grand.