New Veteran Worried My Claim Isn't Being Done Correctly

[iroberts]

Hello everyone,

I've been lurking here for a while but decided to finally post. I was medically retired from the USAF with a SC of 10% (10% for the VA and 60% for the DOD retirement) in 2010. My disability is an eye disease (retinitis pigmentosa) and I have noticed it has gotten worse over the last few years.

I contacted the Blinded Veterans Association to see if they could help me navigate the VA and see about getting an increase. Despite a few hiccups (not receiving phone calls or emails back for weeks at a time) they have been generally helpful.

However after reading these forums I'm not sure if everything was done correctly. The BVA had me start the claims process (I think the online 526 form) in November 2013 (starting it but not submitting it). Shortly after that the claim was submitted on December 3rd 2013. Later on that month I was scheduled for some eye exams at the VA hospital here (December 29th). Everyone there (the techs, ophthalmologist, VIST coordinator, etc.) said I should definitely be much higher than 10% since much of my vision is missing as shown by my field of vision tests.

I have since learned that the supposedly this medical data is in the system and that it would be part of my claim. However I can find no evidence of this.

When I go to view my "submitted applications" all I can see is the original 526 that was submitted on December 3rd. There's even a box checked on the form that says "I DO NOT want my claim considered for rapid processing under the FDC Program because I plan to submit further evidence in

support of my claim." This makes sense since it's from December 3rd, which is 23 days before I had my eye exams. But it still seems strange.

I asked the BVA and they seem to think that everything is fine and dandy but I can't tell if they're just placating me or perhaps they know things I don't know. After numerous emails asking whether or not the most recent eye exams were in my claim I was told "I just talked to Joseph in Atlanta. He said all the ophthalmology records needed were in your health care records from Bay Pines and that is stated on the claim." But I personally can't find any actual evidence of this.

The most recent email back from the BVA stated the following: "I am hoping they process your claim as fully developed and use those records [the December 29th eye exams]. In that case the claim should be completed in the next couple weeks. If we submit anything else the VA will pull the claim out of the fully developed claim process and then it will take a lot longer."

I honestly can't tell what is going on with my claim. It seems like everyone wants me to just sit back, relax, and hope for the best but I wanted to get everyone else's opinion here first since you guys are the experts!

Phew... sorry for the long post. Thank you!

[iroberts]

I noticed that on my list of contentions there is a single "r" followed by "(new)." Does anyone know what this means?

It looks like:

Contentions: retinitis pigmentosa (Increase), r (New)

Someone from the Blinded Veterans Association (BVA) noted that it "looks like the "R" might mean it's an express claim." But I've never heard this before....

Edited March 14, 2014 by iroberts

[john999]

My so-called FDC has taken almost 9 months and is still at gather evidence stage. My claim is for an increase. It is pretty cut and dried. Also, just because your evidence is before the VA does not mean they have to consider it. They may have to list it, but they can twist it, misrepresent it, and just ignore it.

John

[iroberts]

Thank you john999 for the reply. I understand that it will take a while. I'm just curious about why my VSO would tell me that "r (new)" means "express" claim when I can't find any evidence of this. I'm starting to think that they tell me things just to humor/placate me...

As for the evidence, I don't even know what evidence they have. I'm in the dark (literally and figuratively) other than what the BVA tells me... LIke everyone else here, I just want to know what's going on. Apprently there are checkboxes checked that shouldn't have been checked and other issues with my claim. But why? I asked my VSO over and over again if there were any issues. I called at least a dozen times asking for help/advice...

[john999]

I had an extensive lesson on the CUE system of busting a vet's azz. I would worry about getting a proper rating now and forget the CUE stuff. I left the Army a dumb 21 year old and got a 10% rating. This was in the bad old days when the VA could just ignore your evidence, and get the janitor to say you were fine and the BVA would take their word. It is a little better now but it is still a butcher's shop. With a chop, chop here and a chop, chop there your claim is reduced to 10%. Really, the biggest difference in vet's ratings is due to the internet and vets talking to other vets. The VA still denies good claims everyday. The difference is the vets know what to do.....NOD, Appeal etc. In my day you were just dependent on those incompetent VSO's, or do it yourself by finding out about the regs on your own.

John

[iroberts]

You're right, it just seems strange that I would get 60% with DFAS and 10% with the VA. But getting my current claim evaluated is far more important!

Thank you

[iroberts]

I spoke to my VSO rep yesterday. He did the usual "everything is fine don't worry about it." I trust that this is the case. He noted that the "r (new)" could mean anything. So unfortunately I still have no idea what to do with that information. He mentioned that they may call me in for C&P exams or they may use the range of tests that were performed in December. We'll see.

Back to hurry up and wait I guess.