Confused And Frustrated....

[Tela]

I'm new to the board so please be patient with me. Sorry for being lengthy. (currently 10% for RN as of 1/2004 and 10% for LN as of 1/2005)

I started my claim in 2004 and appealed the decision within the year time frame in 2005. My claim since then have gone to the BVA and have been remanded over the course of time.I received a BBE on May 26, 2013 with an Order for the BVA stating the following:

The issue of entitlement to service connection for a depressive disorder secondary to the service-connected bilateral knee disorders has been raised by the record. The claim is REFERRED to the RO for appropriate action. (What does that mean)

A schedular evaluation in excess of 10 percent for right knee disorder is denied.

An extraschedular evaluation of 20 percent for a right knee disorder is granted for the entirety of the appellate period.

I paid a visit to my Rep and she told me to file a dependency claim since my new rating would be 40%. So I submitted it through the Ebennies. I also submitted an inquiry through IRIS because my Rep seemed clueless on a few of questions I asked her. I got a response from them and they told me:

At this time, we do not show a new claim has been opened for you. We do show the Board of Veterans Appeals (BVA) Grant is currently in the final stages of processing. A decision was made on 6/5/2013 and is now waiting for final review. Once the decision has been reviewed and processed in our system, we will notify you by mail.

Called the BVA Claim Status number and a rude lady answered and told me that my claim was no longer there and back at my local RO but my Rep at the RO says its still with the BVA as my email stated. At this point I am extremely exhausted and confused. Will my depressive disorder claim have any effect on my new rating? Will I have to what until its rated to receive my retro pay? I guess I'll just have to sit back and play the waiting game some more. One more thing, everything on Ebennies is still showing my 20% rating. Thanks in advance for any input. The VA should award an extra $2000 for pain and suffering if you win your claim. LOL

[john999]

It means to me that the VARO should infer a claim for depression secondary to knee injury and start the claim process. If they don't I would file a claim myself using the evidence the BVA referred to in the decision. I would use the BVA decision as evidence for my depression claim. I would also go to a private shrink and get an IMO for depression secondary to your knee pain.

John

[Tela]

Thanks for the reply John. My Dr. is working on an IMO for me already. She hopped right on it as soon as I showed her the Order. I want to have all my ducks in a row this time around and submit as much evidence as I have upfront.

[meghp0405]

when you do submit this information, do so on a VA FM 21-526ez (fully developed claim) the claim will be adjudicated faster.

[Tela]

Thanks for the tip. I checked Ebennies today and I was awarded 30%, up from 20 even though my Rep told my i would be 40%, and my dependence claim was completed as well. I should have that letter from my Dr. this Wednesday and will submit it then.