Well After 2 Years 2 Months A Ssoc Is On Its Way

[71M10]

Greetings all:

According to eBenefits Detroit VARO has a shinney new SSOC on its way to me. My AB8 letter hasn't changed and I pretty much already know they have turned down one condition based on a copy of the C&P.

Since my benefits letter hasn't changed, I am assuming they did not grant Kyphoscoliosis as a restrictive lung condition (should be 100% alone). The real question is what have they decided on sleep apnea, alone it will not change my overall percentage, but it would make my 90% effective about 2 years earlier!

When I have it, I will scan it in with my game plan, looks like I am headed to the BVA (after they take another 2 years to certify the appeal).

Best regards,

[71M10]

Update.

I decided to even irritate myself additionally and called Peggy.....

At first Peggy indicated I only had three active appeals and the Kyphoscoliosis and Neurogenic Bladder were not among them. He indicated that I was mailed a SSOC in regards to degenerative arthritis cervical spine. Then after some significant questioning by me on how could an appeal that has been being worked for two years vanish. After some more investigating and sidebar conversations, Peggy confirmed to me that there is also a decision in process for approval/promulgation! Last I knew the rules state a SOC must be done unless there is a full grant of benefits.

Is there any chance this thing bounces from a decision to a SOC? I suspect that in 2011 the DRO wanted to grant but was asked by VSCM to get additiona/clarifying medical information. I suspect this because I was sent a mailing of information and applications for educational benefits for my children (chapter 35). At the time I chalked this up to the VA being VA.

The last decision they did took 104 days to get through decison/promulgation.

Am I deluding myself or is this sounding positive???

[jbasser]

It may be sounding positive.

Man I hope Peggy didnt blow smoke at you. You have waited long enough for the VA to get it right.

John

[carlie]

I'm STILL, going to keep hoping for the best, until further notice.

[john999]

If you have 90% now a 50% rating for sleep apnea would put you at 100%. Also, If you had gotten TDIU when you were first eligible you could probably get SMC "S" with you other combined ratings that are discussed in your SSOC. Are you shooting for 100% schedular? I am at 90% as well. I know I need at least 50% to get to 100% from 90% using VA math since I am considered 10% able bodied. What a bizzare concept. What part of me is 10% able as opposed the 90% that is disabled? Anyone who meets schedular for 70% should probably be 100%.

John

[71M10]

If rated correctly it would be SMC S since the Kyphoscoliosis with an enlarged right ventricle is a 100% rating by itself. leaving the other 90% existing to fillup the SMC S requirement. No TDIU since I have been working (desk jockey).

Edited April 1, 2013 by 71M10

[71M10]

While reviewing my medical files, I found a VSR name and number in the communication section on the ACE request for additional information on Sleep Apnea. So I called it. I was on my best behaviour and explained to the VSR my concern about not having anything in the mail a week later when eBenefits indicates it was mailed. She took my Case number looked it up and she had it. She indicated I was approved for a 50% rating for Sleep apnea and 20% for urinary frequency and my overall rating was now 100%(back to 2007). She couldn't find anything relating to the kyphoscoliosis (will straighten them out on that when I have the actual decision letter in hand) so no SMC S rating right now. I was so excited I forgot to ask if it was P&T. She indicated the decision should be mailed this week or next week.

If I have to take them to the BVA for the Kyphoscoliosis that might be better in the long run, if my file is at BVA for 2-3 years that means they cant be playing re-examination games!!!

I will be so relieved when I have this in writing!!!

Edited April 3, 2013 by 71M10