Made Big Mistake In Filing For An Increase

[vern2]

I am SC for pulmonary HTN, and condition got worse last year, atrial fibrillation. So file a NEW claim with help of my local DAV at VA center. This was a mistake on my part, found out no need to file a new claim, just a simple letter and documentation was all I needed to file for an increase. But, now in year 2 and all the VA has done is kick my claim down the road another year until 2014. Can I do anything about my error?

I have learned not to trust my local DAV rep, he is either ignorant or not working to really help the veteran.

[yoshi]

I dropped a dependent. They've been kicking my claim down the road like a can. I filed last June for a dependent change. Supposed to be completed by July 4. It's now 08/19. STILL PENDING. How hard is it to drop a dependent? Seriously! I should have just asked my VR&E Counselor to do it for me. LESSON LEARNED. Now, I will probably owe $900 for an over payment. I better not have to pay interest. The VA said I won't, but you never know until you get the letter in the mail.

I can see MAYBE 6 months, but a year to simply delete a dependent (due to a divorce) is unacceptable. I sent them all the required documents. I don't know what the delay is.

[john999]

Every claim you file after the very first one is considered an increase claim. You really did not make an error. The VA knows you are already SC, so they are going to handle your claim as a request for an increase. It just takes the jerks years to do the most simple claim. I am in the same boat. I asked for an increase for my DMII. The VA has all the records. I told them this from day one. They are still fooling around looking for third party treatment records. I signed off and told them to go with what was in my file.

[TiredCoastie]

I have learned not to trust my local DAV rep, he is either ignorant or not working to really help the veteran.

There's no reason you have to stay with DAV. If you want to stick with a VSO, other smaller outfits seem to be more squared away in some places. The tough thing is to know who's good at your RO. If the DAV has an office at your RO, you might want to pay a visit to the office chief unless that's your NSO. Even so, the office has a boss at DAV HQ. Meanwhile, DAV is claiming they handled 300,000+ claims last year. How much time does that mean they can give any individual one?

For all the bluster any NSO will give you about how much he's going to fight for your claim, at the end of the day, that NSO has to work with the same raters on other issues so the prospect of them going toe-to-toe on your behalf is pretty limited. So there is little that they are willing to do.

[jbasser]

Vern, what is your lung rating? What is the condition.

Also what is your Pulmonary Artery mean pressure? If it is in the high 20s or 30s then you may be OK.

J

[vern2]

Vern, what is your lung rating? What is the condition.

Also what is your Pulmonary Artery mean pressure? If it is in the high 20s or 30s then you may be OK.

J

J, I am not sure, will have to ask my cardiologist this question. I am sure it is in the volumes of records I have accumulated in past 2 years. I have never taken a pulmonary function test, just many ekg, echocardiograms, MRI, CT, you name it. Where would I find this lung rating? VA did an echo test on me last Friday and person kept asking me to take deeper breath and was doing best I could, and she was not happy with readings, take a deep breath and hold it. I did best i could, but she was wanting deeper breath. I will see my doc on 29th and ask him these questions. Thanks for the help J.

[jbasser]

title 38CFR 4.97

I cant understand the rating on this. PH is a 100 percent rating.

J