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Ridehard2208

Too Optimistic Or Not?

Question

Hey all I am looking for some more experienced opinion on my claim I may be looking at it more optimistically than I should. First a short review of how I started the claim in 2010 Nov. 3rd, Called 1-800# asked to re eval increase for 10% rt knee, and reopen left shoulder , knee , and back, was told by claim rep on phone must be separate claims which to I said ok, and assumed there would be two claims filed. Well wrong again about one month later got VA acknowledgement of the claim for increased eval Rt. knee only (dated Nov. 17, 2010) .. I waited about two weeks for the other re open claim but never came so I called the 1-800 # again and inquired about the re open claim and told there was only the re eval claim on record so I asked to start the other and about five months later (dated Apr. 12, 2011) I received the acknowledgement for it from the VA, but only for the Lt. shoulder and knee, no mention of the back, ( after the rough start I decided to let it go for now).



For the two acknowledgements above I responded on time (within 30 days, Nov. 30, 2010 & Apr. 14, 2011). Then Jan 4,2011 & Mar. 3, 2011 Got a letter apologizing for delays. May 3, 2011 got another letter apologizing for the delay again. May 18, 2011 I sent in a 21-4138 about a nerve conduction study done at the VAMC showing serve PN and a letter from my PCP at the VAMC stating I was totally/permanently disable and unable to maintain gainful employment.



On Dec. 7, 2011 the VA sent me a request for detailed information wanting me to list all my disabilities and a third copy of 21-4142’s for the two Drs. and one Hosp. with a current date.. On Dec. 15, 2011 I personally hand carried the information to the VARO. For the next year I kept calling ( aprox. 10 times) the VSO and he kept telling me he checked the RO and they have all the info they need from me just wait and be patient.



On Nov. 7, 2012 the VA sent me another request for info adding PN , Arthritis , Depression , T/P status , and IU. On Dec6, 2012 I hand carried the info once again to the VARO, and this time insisted to see a claims agent. after waiting about 45mins a man came out and escorted me back to a cubby with a empty table and asked me what he could do for me. I told him what has transpired with the VSO and discrepancies on ebenefits so I brought the info in person to fine out where my claim lies fro now.



Was told by the claims rep that the claims to start didn't need to be separate, and for now they are waiting on the 4142's to be responded to. I asked if it would help if I went to these places and got the records and brought them back to him, He said no it would slow down the process because they had to verify the info that way and that took longer than just waiting. Then he asked me if there was anything else he could do for me, I said yes I would like for you to look through the info I brought and see if there is anything else I need to get to help speed up the process. As he flipped through the package he asked what do you have in here, as I started to tell him he said wait and walked away. Came right back with a blank 4138 and then said tell me what is in the pkg. as I started telling him he started writing down what I said then date stamped it had me sign it then showed me to the door. As I got to my car I notice he did not sign it nor did I remember him telling me his name.



Frustrated by the situation I tried to call the VSO I've been dealing with for about a year and half and was told he was no longer there and was given to the new VSO, who was a God sent he started to make a difference immediately first telling me the old VSO wasn't trying very hard and second told me that the claims agent was wrong that I could get the medical records and he would take them to the VARO which we did.



Now here is the part I can't figure I told my PCP at the VAMC I was saving to get a scooter to get around with my family when doing a function that involves a lot of walking so he said let me help you with that and set me up with an appt to be evaluated for a scooter, and I was approved for one then they came to my house and put in a ramp to get it into the house. Now I waiting for an appt to get a lift on my car and pick up my scooter. I thought you had to be higher that total 10% for this gift.



Finally why ask for my last employer to send info unless they were at least possibly thinking of granting IU. Now I could be thinking too optimistically what do you great minds of experience think!


Thanks Rich!



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I believe the scooter if determined to be a medical necessity is provided regardless of percentage. I think you are reading a bit much into it. In September 2011, I received all the information on chapter 35 educational benefits from VA without ever asking for it. It made me wonder if they were close to making a decision on my Appeal (if my contentions are granted it is 100%/SMC S). I couldn't fathom why they would send this information to me out of the blue. Well still no answer and its soon to be March 2013 with no answer.

I really do hope you get that positive information, but don't dream on it too hard my friend!

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