ptsd They Must Be Crazy

[westcoastlv]

The VA must be effin kidding me. The original claim was filed in 2010 - 1 year later the VA awarded my husband a total of 60%. Then I filed a Request for Reconsideration in 8/11 (which they considered a claim for increase) and the VA granted an increase to 80%in May 2012, with the TDIU (which was originally filed in 8/10 and again in 8/11) was deferred. So, as of yesterday, E-benefits had the estimated claim completion date of anywhere between 1/27/13 to 5/20/13. Then I check today and this bullshit says the 'new' estimated completion date is 4/15/2014 to 11/4/2014. So, the TDIU deferred has already been 2 years, now they're telling me they need another year????? This can't be real. So, some incompetent VA reviewer can look at a fully developed claim, with employer statements and all, and estimate that they will need yet another year to read this over. A year. And it states they need new information from 2 employers, one of which is out of business and has been since 2008, and they other that my husband hasn't been at since 2005 (of which he received many reprimands for his conduct - SC is for PTSD). And the request was made today, and is due on 4/10/13, in 15-days. They can sit on their asses for months/years, but expect a turnaround of information in 15-days about a person that these employers haven't heard of in years. Does the mail even work that fast?? So what, are they hoping that they won't get a response and use that as a reason to delay this claim even further. Tomorrow I am going to type out a pretty irate letter telling them that the one company is out of business and who knows about the other. That company has been bought and sold so many times they may not even have any records on my husband. And I'm gonna use their new feature to upload this letter. Doesn't due process apply at all to the VA. I have submitted multiple letters from a VA Psychologist (PhD) that states he is unemployable, and that the previous ratings were too low. A letter from his last employer that stated that they had to let him go because of his volatile and unpredictable behavior, and a letter from a VA Nurse Practicioner that stated he was unemployable. But, I'm sure a NON-Medically trained VA reviewer knows more that these profession people. This is all a bunch of bull and I am totally outdone by the lax attitude this country take toward Veterans.

[indyman]

I know how you feel. The grand run around is so wide spread now that it would take an executive order to get things going. The VA has sanctions against right now, but they don't care. There is no accountability. I know that does not help you guys out, but I have been reading so many blogs on what is going on in D.C. with the VA I do not know how the secretary is surviving. The "I don't care attitude, and guarding the coffers mentality" starts at the top. Good luck to you and your husband.

[GuaymasJim]

jbasser, I have to jump back into it also--after 33 years. I am not looking forward to it either. My claim is for AO IHD with all of the evidence in my VAMC Progress Notes. I can already see getting pissed off like westcoastlv. Watchdog says if you file after August you will get an EED back to last August. I think I am going to do that.

westcoastlv, it would be better if you were able to avoid writing the irate letter in favor of a tight factual letter. Having said that, I have often felt better after verbally unloading on a worthless VA rep. Didn't do my claim any good, but it made me feel better!

[westcoastlv]

@J - I did write that irate letter, however, I wasn't an ass about it. I looked at the M21, line for line, and I quoted the M21, line for line in all the areas that it pertained to my husband's claim. I pasted portions of the M21 rules, as a PDF straight from the manual and commented on how they were stepping out of their boundaries by requesting information from employers outside of the 5 year ticker. Also, the TDIU rules (from M21) state that they are to request information for 1 year prior to the veterans last day of work, which in this case is the same employer. I also pasted the section that speaks to the fact that they cannot deny a claim just because they didn't received info back from previous employers. I also pasted the info that related to the criteria for TDIU, and also pasted 3 different medical statements from my husbands VA psychologist, PHD. And at the end I threw in some legaleese from recent district and circuit judges opinions regarding the delays the VA seems to relish in. I faxed this 10 page letter and I sent it certified mail. Both have turned up on Ebennies. Then, I went a step further, I contacted the employer that was still in business, sent them the form to complete, and they returned it to me within 1 hour. For the employer that is our of business, I went on our county's website, printed the details of their business license, showing that they are out of business, and I completed the form also stating that they were of business. In the letter attached, I outlined what was included, stated that they now had everything that they requested, and that there was absolutely no reason that they couldn't decide the claim with the information at hand. I sent the letter a little over 2 weeks ago, and the 21-4192s today. There is NOTHING outstanding. I will be the squeaky wheel from this point on because there is no reason they can't move forward.

[jbasser]

Hang in there Brother. They will get it right , Eventually.

J

Jim, You have something backing you that you need not forget.

Nehmer. This is a powerful tool and by all means use the word in your claim.

Basser

[westcoastlv]

Well, after a couple of days, the employer requests disappeared from the 'What We Still From Others' section. I don't know if that's due to the scathing letter telling the VA that they stepped outside of the boundaries from their own rule book, or the fact that I actually submitted the information they requested. Either way, it looks as if those items are closed, however, it does not show anywhere that they received it. In either event, we will just wait and see what happens. They have no good reason to not rate the claim (other than being backlogged, lazy, uncaring, blah, blah, blah). I will keep you all posted on the progress (hopefully there will be some)

[Pete53]

You might consider filing a writ of mandamus which will force VA to make a decision. If you use search on Hadit you will find a lot of info that may be helpful.

Our old friend Alex Humpfrey used a letter telling VA he planed to file the Wit ion 20 or 30 days and than filing it. He also said when they ask you to ok extension to say no. The Writ is never granted but they do expedite your claim.

Good Luck