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 just got a call from Joseph in Atlanta (BVA rep). After I brought up the DFAS discrepency issue, he seemed to become very concerned about it. My only worry is that if I pursue it that there's a chance I'll lose the 60% rating with the DOD/DFAS. I think I will pursue it after I get this claim finished.

Also he mentioned that the box I mentioned in my first post in this thread should NOT have been checked ("Check here if you do NOT want your claim considered for rapid processing..."). This is interesting as I probably asked no fewer than 10 times whether or not everything was done correctly. Looks like my claim will take even longer I guess... I probably shouldn't avoided working with a VSO altogether. Or at the very least I should've avoided the BVA.

Berta, yes I submitted an IRIS inquiry (I put it in my last comment but it appears that my posts have a massive delay between when I post them and when they appear) and I am registered on eBenefits. I check ebennies religiously but it's still "under review."

I really hope I'm not doing more harm than good. :/

[iroberts]

The BVA just updated me with the following:

“There is not a discrepancy with your military med retirement it I think there may be a discrepancy with your original Va compensation rating decision, Also there was another mistake that was pointed out by my boss and that was you checked that you do not want compensation in lieu of retirement pay. Remember that compensation is not taxable and the retirement pay is. I will discuss this with you tomorrow or the next day once I get some info for you.”

Interestingly, I must've asked no fewer than 10 times prior to submitting (and right after submitting) if everything was good. The whole reason I wanted to use a VSO in the first place is because I thought they would look out for errors like this.

I will (hopefully) speak with him today and find out more information.

[71M10]

You expressed concern that you could not see the medical exam records associated with your claim when you looked at it. It is my understanding that the claim form you submitted will not serve as a link/gateway to information on your claim. It is a static record of what you submitted. Likewise you will generally NOT be able to see the contents of evidence being evaluated for your claim via ebenefits. It will give you a generalized status of claim that may or maynot be accurate. The exam notes if performed in a VA facility by VA docs, should be viewable in 'myhealthy vet"'s blue button section(medical records download). You will only be able to access that if you have a preferred/verified account with my healthy vet. You can set up and verify your account through your VAMC and sometimes at your local VA clinic.

As for your 10% rating, it was no error, it was an intentional act by the VA to lowball you and see if you will go away smiling and ignorant. They did me the same way 24 years ago, gave me a 0% rating when at 22 I had arthritis on x-ray in my spine, but they called it a "Bone Condition". I was trying to focus on transitioning to being a civilian and thought it was great they would give me medical care for my back if it was a problem later. 18 years later I asked about getting some physical therapy through VA and was told I was not eligible for medical care because I was rated 0%. Found Hadit and started to fight. Found out I didn't have a "bone condition" but arthritis, found out I had hypertension and an enlarged heart in my Service medical records. FOUND OUT THEY ARE NOT LOOKING OUT FOR VETERANS.

My ratings went from 0% to 40% to 60% to 90% then to 100% with three issues still un-resolved. When all items are rated properly I should be SMC-S permanent and total.

Welcome aboard and there are many here that will assist/mentor you and provide the knowledge you need to advoacte for yourself.

[iroberts]

Wow 71M10, that was very informative. I had not considered that it might've been a cost-saving measure on the VA's part but it makes total sense.

It's comforting know that the information in eBenefits is not what the raters are going off of. That makes me feel a little better. I'm at the 100 day mark and while I know I potentially have a much longer battle ahead of me... I just wish it would move form "Under Review." I just want SOMETHING to go off of.

If it is the case that I should've been given a higher rating initially, would they adjust it from the day I separated? For instance, after this claim for an increase I plan to submit an evaluation (not sure the official terminology here) for my intial claim (the 10% VA rating). If they deem that it should've been higher, would that mean they would retroactively adjust it or just shrug their shoulders and give an official "oops" since I will probably be getting a higher rating anyways with this new (currently processing) claim...?

Thank you so much! Sorry if it's a bit confusing. I'm quite confused myself.

[71M10]

Pardon my crude humor here, but does a dog go back in the house and pick up its accident and take it outside after the owner gets home?

You have a better chance at being elected Pope than the VA to go back to 2010 and correct your rating because it is the right thing to do.

Your effective date for the new rate, will be either the date you filed your request for increase or the date of facts found (was a new physical necessary to show an increase in disability). To get a correction in rate back to 2010 you would need to be able to prove the VA rating of 2010 was a CLEAR AND UNMISTAKABLE ERROR (CUE). There is a whole section on here about CUE, what it is, what it isn't. Focus on your current rating issues and be sure to meet any and all filling and appeal dates. The CUE issue(if you have one) can wait since there is no time limit for filling a CUE.

Best regards,

[iroberts]

Thank you 71M10,

I started/opened the claim on November 1st of 2013 but it wasn't formally submitted until December 3rd. My understanding is that November 1st would be my effective date but perhaps I am mistaken.

I will start researching CUE claims now so that I'm more prepared for my second round with the VA to see about that original 2010 10% rating. According to the Blinded Veterans Association I may hear something today or tomorrow from the RO (they said they would inquire). Also I still have an IRIS inquiry awaiting (submitted on Monday of this week).

I know patience is a virtue...