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htforjc

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Hello everybody, I have asked for an increase on one of my disabilities that was rated a 0% in 2006. The VA received my claim for increase on 3/18/2013 with medical evidence. The original claim completion date was 1/13/2014 to 7/9/2014. I now have an updated claim completion date of 9/28/14 to 3/30/2015. The VA further states that they never received my 5103 waiver. I contacted the VA at the 1-800 number in July 2013, the day I received the notification about the 5103 waiver. They basically said it is just a form to see if I had anymore evidence to send in. I stated that I have already sent in everything. The lady at the VA 1-800 number stated to me that she could take my statement over the phone saying I have no further evidence to submit, and to go ahead and process my claim. This took place in July of 2013. Now, e-benefits is stating that they have never received a reply from me in regards to the 5103 waiver...which is posted below. I contacted the VA today at the 1-800 number and the person states that they have in the computer my statement from July 2013 stating I have no further evidence to submit and to process my claim. So, now e-benefits has backed up my claim completion date, and saying that my claim needs further review. I received a letter from the regional office (RO) today saying the average processing time is 9 months, and they apologize for the delay . I am now over 12 months and counting, with my claim showing gathering evidence. I don't see how the VA is going to meet their processing goal by 2015 with this kind of lackadaisical work ethic. Any ideas/thoughts in regards to all this. P.S. I am sort of new here and this is my first post.

Claim Received: 03/18/2013
Claim Type: Compensation
Estimated Claim Completion Date: 09/28/2014 to 03/30/2015

Contentions: hype

hypertension (New)

Claims Status Process

Change of Status: We determined that your claim needed additional review. If additional evidence is needed from you, you will receive a letter from us explaining what is needed.

Next Steps:

We will review all available evidence and make a decision on your claim upon receipt of all requested information as outlined in the headings, "What Do We Still Need from You?" and "What Have We Done?".

Several factors will determine the duration of the "Development" phase, including:

  • type of claim filed
  • number of disabilities you claim
  • complexity of your disability(ies), and
  • availability of evidence needed to decide your claim.
Additional Details
  • Your Designated Power of Attorney

    AMERICAN LEGION

  • Regional Office of Jurisdiction: help_icon.gif

    Montgomery

  • Send Documentation To

    Department of Veterans Affairs Regional Office
    Regional Office
    345 Perry Hill Road
    Montgomery, AL 36109

What Do We Still Need From Others?

This is a list of all items that have been requested from 3rd parties.

Items From Date Requested Due Date help_icon.gif Follow-Up Dates help_icon.gif 03/17/2014 05/16/2014
What We Have Never Received from You (solicited)

This is a list of items that have never been received from you and that have been closed.

Items Date Requested Date Closed 5103 Waiver Review 07/01/2013 03/17/2014

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Dick, I don't think you can trust eBenies to give you the straight skinny on either what the RO has received or the estimated completion date. Both of those are typically completely wrong. It's not even worth the rise in the blood pressure to worry about it - it's surprising you actually got the system to reflect that they received anything. The best thing you get from eBenefits is which stage your claim stuck in. eBenefits is a lot like one of those wonder devices developed by pencil pushers back at the Pentagon to help you on the front line with your job...some of the parts might be useful for something but don't expect it to deliver as promised.

Can't understand why they'd send you a second 5103 waiver form...that's weird.

No doubt your long wait hasn't helped your hypertension at all. Too bad there isn't a way to claim conditions secondary to the damage done by the VA in the months and years needed to make it through the claims process successfully! Several have suggested that we turn away from monitoring eBenefits and take up a hobby, but I never found that worked for long. Keep after 'em!

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DH, as TiredCoasite stated, keep after them. I know how you feel in regard to the 5103 with the VA stating that they never received it. If I contact the VA 1-800 number the person acknowledges that they did receive my verbal response, which is documented in their computer. However, ebennies states they never received it. Currently, I am waiting for a hard copy of my C&P results, and then I am appealing on the fact that VA admits to receiving evidence that my doctor has me on BP medication and that my BP readings taken three times at C&P averaged 146/102, which was verbalized to me by the VA examiner. I also saw the three different readings. I want them to explain to me how "We reviewed the evidence received and determined your service-connected condition(s) hasn't/haven't increased in severity to warrant a higher evaluation". This is so hard to understand on 1. I am on medication now, and 2. my readings have gone up since the initial C&P exam. Anyhow, take care of your family, yourself, and take this one day at a time. Best of luck to you.

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First, I want to offer a shoutout of gratitude and thanks to you 'Tired Coastie' for the advice and encouragement you have provided. Trying to maneuver through the VA can be a daunting task...especially at times when going at this alone. I have spent so many hours reading books on learning VA process, and trying to do things correctly. I consider myself a newbie on this site and have already found a plethora of information here. I requested my C&P results today at the local VA clinic and the guy said I would receive a copy of it via mail within 4-6 weeks. Once I get that in hand, I will take your advice and submit an informal request using IRIS and see what happens. I believe the initial shock and disappointment is slowly starting to wear off, and now its time to rollup the sleeves and get back to work on this claim. I do understand the piece of keeping everything/writing professional and refraining from speculation. Anyhow, once I get the C&P results I will follow up. God bless all the Veterans and their families and may justice prevail for us all.

Htforjc, thinking about you getting quicker access to your C&P results - depending on the distance and trouble it would be to visit the RO, you can visit to see your C-file which would include your C&P exam results and any other documented evidence. Sorry....just thought of this option. I've never done this but there are postings on hadit from folks who know the procedure and have done it. It's possible that you could just walk in, but again, I don't know.

Because the mistake on the RO's part is so obvious, you might want to do this anyway to ensure they didn't put someone else's records in your file and then rate you based on the wrong information. Others have run into that problem.

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Thanks Tired Coastie, my RO is a 2.5 hour drive from my home. The thing is...is that if I make that drive to my RO...what will my chances be that they would even bother to help, or worse request that I leave without any service? I hear where your coming from TC, but I'm hoping to get my C&P results sooner than the 4-6 weeks which the VA guy stated to me. Maybe I'm just being a little too pollyannaish about getting those C&P results in hand.

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I hear you. Thought there was something posted on the hadit site and just (re) found it --

http://www.hadit.com/request_copy_of_va_claims_folder.html

It says to make an appointment first using the 800#. Not having ever done this, can't say how long you'd have to wait for an appointment or how well it works. However, having requested by C&P exam notes through the VAMC, the 6 weeks you were told would be pretty good. I've waited up to several months, depending on the VAMC. The nice thing about doing both angles is that you get to see your C-file, and you get to hold your medical records in your own files.

Maybe I need to make an appointment to get in to see my C-file? My former VSO put in a request for a copy to be mailed to me back in November...

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I am mad beyond words right now at the incompetence of the VA. I received my C&P exam results via certified mail for hypertension, and the readings listed are as follows: 152/96, 154/92, 154/90. These numbers are not correct. I saw all my numbers during the exam, which had a diastolic over 100 on all 3 measurements. However, they listed the dates of all three BP measurements being taken on 4/8/14 which is impossible. The reason being is that my C&P exam was on 4/9/14 not 4/8/14 so there is no way those could be my readings. I am thinking the VA examiner must have gotten confused and input someone else's numbers from that date. This now leads me to reason why the rater denied my increase. My question is how do I go about getting this adjudicated in the right manner?

Edited by htforjc
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