Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Special Status Noted On Va Claim

Rate this question


armyvet2010

Question

Hello everyone,

I reopened my claim back in January due to a denial last September for PTSD and Mental Condition. I sent in a reconsideration due to a C&P exam never being rescheduled,so they reopened it. I had my C&P exam yesterday(I thought it went well) and the doctor signed off on it and it was sent back to the Chicago RO this afternoon. Well,I just called Peggy to check to see if anything else was needed and I was told my claim was noted as special status,meaning it was an expedited claim.I haven't sent in anything for a hardship so I'm not sure what it means for my claim and why it was noted.It was originally opened in May 2012 so I didn't think it had anything to do with the length of my claim.Does anyone have any idea what this means??Thanks!!

Link to comment
Share on other sites

  • Answers 2
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

2 answers to this question

Recommended Posts

  • 0
  • Content Curator/HadIt.com Elder

You probably know this, but remember that because it was a reconsideration, there is a time limit. If they approve it before the deadline, you're ok. If they don't approve it, you'll need to convert that to an official appeal/NOD/or NOD with request for in-person DRO review, or you risk losing the effective date. I only mention this because the VA is famous for telling Veterans that their claim is expedited, but in reality it might take forever.

I personally have not experienced an expedited claim, except for when I called the 202 number for the Office of Case Management. My NOD collected dust for almost 2 years and they were instrumental in helping get it put back on track. Someone else here might be able to shed more light on it.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

Link to comment
Share on other sites

  • 0

"I reopened my claim back in January due to a denial last September for PTSD and Mental Condition. I sent in a reconsideration due to a C&P exam never being rescheduled,so they reopened it. I had my C&P exam yesterday(I thought it went well)"

Dont forget...you only have one year after the denial to file the NOD.

As I mentioned here before, the VA acted like (with responses) they were actually working on a reconsideration request I had filed on their denial of my 2004 SMC CUE claim.

But I marked my calendar and filed the NOD during the last week I had left from the one year deadline, because it had become obvious with their last response (they tried to make up a regulation in it) that they were just pissing my NOD time frame away.

In 2011 the Nehmer people along with my AO IHD death claim, and upon my request, adjudicated the older SMC CUE claim and awarded it.

You might get lucky if the C & P results are favorable and if someone at the VA considers this C & P prior to your NOD deadline but September isnt that far away....so dont hang your hat on whether VA will make a favorable decision prior to the Sept NOD deadline you have.

Last night at the H VAC hearing on the Whistleblowers, Dr. Mathews stated how he was more or less demoted from Chief of Psychiatry in St Louis to doing C & P exams.(because he was a whistle blower)

He briefly mentioned C & P exams and did a C & P exam for a vet whereby apparently the vet either re-opened his claim or argued that the first exam was faulty.

He was astonished that his C & P results ( for PTSD) were vastly different then the first examiners opinion.and said it was almost like they were doing C & P s for 2 different veterans.He added how improper C & Ps impact on a veteran's rating as well as their entire life.

In my letter to the committee I told of a similar incident regarding a C & P exam that was faulty and manipulated by the RO and when the C & P doctor found that out (from me) he was very angry.Luckily I raised so much hell that this claim was awarded anyhow. He sent me the actual C & P results himself.

The extremely probative evidence in VA's possession ( mentioned in my last H VAC testimony in 2008), clearly was kept from the C & P doctor,in an effort to deny that claim.He was shocked at what VA withheld from him.

What the VA SOC stated and what the actual exam stated was a vivid example of how the VA manipulates everything they think they can get away with .

It isnt always the C & P doctor's fault.

Make sure you get a copy of the C & P exam if it was done at a VAMC.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • KMac1181 went up a rank
      Rookie
    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use