Moved To Preparation For Decision

[cham1968]

Is it a Joke? I don't have a clue but it is something after 2yrs so I'll take it with a grain of salt. Any ideas on a timeline for completion or am I really dreaming. Ebenies does say 9/13-12/13. C&Ps done a month ago. about 10 disabilities with 3 bi-laterals Any thoughts.

Thanks in advance

[harleyman]

It doesn't appear to be provisional from what information you are providing. 40% with a few conditions at "0" percent sounds like a complete rating. Right now there are not suppose to be any deferred issues. I haven't heard any of the Hadit members talk about deferred lately so I think that is holding true on the recent rating decisions that are coming out of the ROs.

That being said, when you get your decision letter, it will tell you at the top of the "rating decision" if it is a provisional ratings. Not the cover letter but the decision is usually attached to the notification letter and before the forms. It will say whether it is provisional or not.

If it is a provisional rating, you cannot Appeal a provisional rating, as the rating is not considered a final decision. If you disagree you will need to tell them, and the VA will open a "new" claim, but they will keep your original effective date. This allows the VA to say they cleared your claim and it makes their stats look good for the Government. Your reopened claim will be tracked with a special tracking number and these claims are suppose to be worked in some sort of priority status. (Not to supercede the "real" priority status claims, like teminal, homeless, etc.

If your "rating decsion" does not state it is provisional then it is a final decision and it can be appealed if thats the route you want to take. I would advise just sending in a 21-526EZ, with any recent medical records you have to submitt, and do an FDC claim for increase. You will get the priority FDC claim processing by the express lane team at the RO. Much faster than an appeal, as "0" percent is easily increased with an exam. You will keep your origianl effective date for any of those conditions you are found to have worsened. And they have to order exams for you, which is something that appeals does not have to do, and then if you don't like the decision they make on your claim for increase you can always appeal once you get the decision, which also will keep your original effective date.

I personally think you were rated at zero, because they did not order the exams that were needed to rate you properly. A claim for increase will get you automatic exams if you have not had them for those conditions.

Either way, it's good to have some movement on your claim as you have waited a long time.

Edited July 27, 2013 by harleyman

[cham1968]

It doesn't appear to be provisional from what information you are providing. 40% with a few conditions at "0" percent sounds like a complete rating. Right now there are not suppose to be any deferred issues. I haven't heard any of the Hadit members talk about deferred lately so I think that is holding true on the recent rating decisions that are coming out of the ROs.

That being said, when you get your decision letter, it will tell you at the top of the "rating decision" if it is a provisional ratings. Not the cover letter but the decision is usually attached to the notification letter and before the forms. It will say whether it is provisional or not.

If it is a provisional rating, you cannot Appeal a provisional rating, as the rating is not considered a final decision. If you disagree you will need to tell them, and the VA will open a "new" claim, but they will keep your original effective date. This allows the VA to say they cleared your claim and it makes their stats look good for the Government. Your reopened claim will be tracked with a special tracking number and these claims are suppose to be worked in some sort of priority status. (Not to supercede the "real" priority status claims, like teminal, homeless, etc.

If your "rating decsion" does not state it is provisional then it is a final decision and it can be appealed if thats the route you want to take. I would advise just sending in a 21-526EZ, with any recent medical records you have to submitt, and do an FDC claim for increase. You will get the priority FDC claim processing by the express lane team at the RO. Much faster than an appeal, as "0" percent is easily increased with an exam. You will keep your origianl effective date for any of those conditions you are found to have worsened. And they have to order exams for you, which is something that appeals does not have to do, and then if you don't like the decision they make on your claim for increase you can always appeal once you get the decision, which also will keep your original effective date.

I personally think you were rated at zero, because they did not order the exams that were needed to rate you properly. A claim for increase will get you automatic exams if you have not had them for those conditions.

Either way, it's good to have some movement on your claim as you have waited a long time.

Thanks, and your information is greatly appreciated. They did orthopedic exams on each item rated at 0%, PTSD will be the interesting issue as it states not service connected. One question for you is I have numerous Xray evidence of arthritis and pain on use with each 0% issue just don't get that. My other question to any and all who want to advise is if this is a complete claim is DRO the better option? Harley the exams are all recent with xrays. It looks as though they did not include all the all of my issues from an 21-526b, so radiculopathy was not included what avenue for this issue? Thanks in advance

[cham1968]

Still no BBE, OOH but I got some insurance information suggesting that if I chose it I could pay with my disability $$$ funny how quick they get that crap out to ya but no BBE. so not happy LOL

[gr23932]

Still no BBE, OOH but I got some insurance information suggesting that if I chose it I could pay with my disability $$$ funny how quick they get that crap out to ya but no BBE. so not happy LOL

I received both the BBE and insurance info on the same day. Its funny how the VA is so inconsistent.