Preparation For Desicion, Going On Week 4!

[Scout Swimmer]

I was told that this phase goes very quickly. This is going on week 4 and I'm getting anxious! Is the time frame normal for this phase? Is this a positive/ negative thing? Any suggestions would be appreciated. Its driving me bonkers.

[NavyWife]

USAFSP79

I was in the same boat, in the Preparation for Decision stage for a couple of months, then I did an IRIS Inquiry, and a few days later I was in the Pending Decision Approval, and have been there over a month now.

Mine is a Dependency Claim which has been on going for a couple of years now.Hopefully you'll get an answer soon, and not sent back another stage like me.

Good Luck

Aggie

Aggie-

Have you tried filing the Dependency Claim on EBenefits? I've seen several posts on this forum and another forum that using EBenefits for dependency claim works and works fast-like only 1 day! And even people who have a dependency claim already pending said EBenefits worked for them.

[USAFSP79]

Well, I did an Inquiry earlier this week, and all of a sudden, my case went from prep for decision to complete! I can only guess that it's been denied of course. It states that appeal is possible, so thats how I came to this conclusion. Letter is on the way..... time to start the appeal.

[aggie54]

NavyWife, Thank you for the advice, But, my claim has been ongoing since before 2010 when I retired, and when I was first rated 90% in 2012, they started my dependency claim which should have been dated since the day after I retired in 2010 from the Military. But it wasn't. I was rated 90% in March 2012, and that's the date that my dependency is showing. Then in June 2013 I received my final rating of 100% P&T, but I have been paid as single without dependents and the Dependency claim is currently showing as an overdue date, but with a completion date of 19 Jan, 2014. I guess at this late in the game I should maybe just wait and see what happens. I hope that when they do complete my claim I get paid from my effective date of Sept 1st 2010 which is the day after my retirement date, and not March 2012 when I first received my 90% which was a partial rating while they finished my claim on June 2013 when I received my 100%.

Either way, I will be happy just to get it over with, with either date.

Thanks for your advice.

Aggie..

[Loose Cannon]

Well, I did an Inquiry earlier this week, and all of a sudden, my case went from prep for decision to complete! I can only guess that it's been denied of course. It states that appeal is possible, so thats how I came to this conclusion. Letter is on the way..... time to start the appeal.

Don't get discouraged! They ALWAYS send or mention the "appeal is possible" info with every claim package that goes out...even in cases that have been decided completely in a vet's favor. It is usually a yellow colored document & I believe they must do this so simply advise each vet of their rights under the law. Don't read anything more into it...it is SOP.

Good luck. The written paperwork will reach your mailbox soon & only then will you know for sure. Hope to see you post some good news in the Success Story section of our forum!

LC

[NavyWife]

Aggie--

I found this in the M21-1MR. My understanding is that from the moment a vet is rated 30% or more, that same effective date will be used to pay dependency claims, so long as the dependency claim is filed either with the claim or within 1 year after the rating decision granting the 30%. However, if the dependency claim was NOT filed with the original claim or was NOT filed within 1 year from the rating decision, then they would only pay from the date the dependency claim was submitted.

If they don't process it according to the rules, make sure you let them know.

Hope this helps and hope you get your backpay soon.

Change Date October 11, 2010

a. Effective Dates of Additional Compensation for Dependents

The provisions of 38 CFR 3.401(b) govern the effective dates for additional compensation for dependents.

b. Original Claim Showing the Existence of a Dependent

If an original claim shows the existence of a dependent and proof is received within the time limits under 38 CFR 3.109, pay the additional compensation from the commencing date of the Veteran's award, subject to the provisions listed in M21-1MR, Part III, Subpart iii, 5.F.35.d.

c. Veterans Initially Rated 30 Percent or More Disabled

Situation: A Veteran is initially rated 30 percent or more disabled.

Action: Notify the Veteran about

· additional benefits payable for dependents, and

· the evidence needed to establish

- relationship, or

- dependency, as in the case of a parent.

Result: If the Veteran submits the necessary evidence within one year of the date of the rating decision notification, pay the additional compensation from the effective date of the qualifying evaluation or the date dependency arose, whichever is later, under 38 CFR 3.401(b)(3).

d. Dependency Arising After the Effective Date of the Qualifying Evaluation

Situation: A Veteran marries, has or adopts a child, or his/her parents become dependent on him/her after the effective date of the qualifying evaluation.

Action:

· Pay the additional compensation from the date of the event, if evidence is received within one year of it. (However, 38 CFR 3.31 also applies.)

· Do not pay additional compensation for any period prior to the date of receipt of the claim if the evidence is received more than one year after the event, per 38 CFR 3.401(b).

[meghp0405]

come on guys, your making me depressed just by reading your comments! YOU CAN NOT LET EBENEFITS RULE OR TAKE OVER YOUR LIFE> We are all better than that, I know it's frustrating, we all know it's frustrating but please find something to do, get away for awhile, take a drive, stay off ebenefits and just wait for the envelope to show up in the mail. Then and only then will you be made aware of the real thing......