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notapb1
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Question

I was just told by my Regional Office in Buffalo that my claim for IU is in the pending decision process. It has been there since the beginning of September. Anyone have an idea or educated guess how much longer it will be? I would greatly appreciate it.

Bill

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The way things are looking and sounding would be a good attempt from anyone guessing how long it will take. My claim online said complete but when I called the 800 number it was in the pending decision approval phase as of 2 weeks ago. I checked earlier this week and now I am back into the Gathering of Evidence phase, so it varies from day to day. I just found out that they are requesting more information from the VAMC in which I thought stands for Veteran Affairs Medical Center. They have already received records from there every since last month. If things keep moving forward in your favor I would say a month or two but keep us informed if things changes for you. Good Luck

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I deal with Buffalo. Have delt with them for 20 years.

I have had no response in writing from them for 2 years over my pending claims.

However 800# finally told me something that made sense.

They have the CUE claim and a specialist is "working on it"

They found the 1151 claim they lost and it is pending.

And they opened a new DIC claim for me. But I already get DIC.

Then, per the 800 man, they used my 1151 claim as a NOD for the CUE claim.

But my CUE NOD was filed timely.This was a NOD filed on an award letter.

Then they said I had an appeal at the BVA. I would be jumping for joy if I did.

I knew that info was wrong but double checked with the BVA ombudsman.

And then I CCed my reply to the ombudsman to Secretary Bob.

"Overall, VARO staff did not accurately

process 17 of 89 disability claims

(19 percent) we reviewed. We sampled

claims we considered at increased risk of

processing errors, thus these results do not

represent the overall accuracy of disability

claims processing at this VARO."

Source: OIG report on Buffalo November 2014.

The beat goes on in this report:

" Report Highlights: Inspection of VA

Regional Office, Buffalo, NY

"VARO staff incorrectly processed 3 of

30 traumatic brain injury (TBI) claims

because of a lack of training on VBA rating

policies. This is a significant improvement "

It is absolutely impossible to guess how long Buffalo will take on claims.

17 vets of the 89 above claims they filed that the OIG reviewed got a fish sandwich instead of the Big Mac they ordered. ( reference to another post I made... re: FISHGATE.

My point was that if McDonald's customers got the wrong order at the same rate of the VA errors in claims, the nation might be in an uproar. And MC Donalds would lose a lot of business.

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NOTA: All anyone can give you is a guess and usually their wrong.

You mentioned in a 7/14 post that you had been notified regarding another C&P, for PTSD right? How did that go and did you get a copy of the C&P DBQ and Clinicians Notes? I take it that your IU claim stemmed from an "Inferred IU Claim" when you got your PTSD rating.

I was just awarded IU 6/27/14 from an IU NOD filed 2012 at which time I had been 90% since 2011. Took just about 14 months to get the IU denial. My problem was self emp part time income above the earned Income cut off of $12,???.00. (The US Census poverty level for 1 person) I never knew until the big envelope arrived. I think that will be the same for you.

One of my Nam friends is on a IU NOD right now, he's 80% with 70Ptsd. VA turned him down because he had College degree and they opined with that level of education he would be able to find Sedentary work that could earn in excess of the $12,??? figure.

Semper Fi

Gastone

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Thank you for your excellent feedback as usual. I should realize by now that it will take time as I've said elsewhere I've been fighting this battle since 1995. It just becomes so frustrating at times that I need to know from someone else that this is the norm for the VA and what experiences they've had. So the below is what they have along with a letter from my previous employer, etc. when I had the meltdown to what I am today. I do have a college education but due to Electro. Therapy my long and short term memory sucks. Bottom line_ I don't play well with others!
Gastone and all:
Like your friend I am 80% also - 70 % PTSD 10% Diabetes Type 2.
SSDI granted me as stated - Although the claimant has some chronic medical conditions there is no need to discuss them now. SSDI Doctor diagnosed major depressive disorder, severe and PTSD(2F/4).
The claimant is disabled based on his mental impairments alone.
I thought I was going to be called back in for a C&P, but their Psych. was told in writing: Please do not recall the veteran unless it is necessary to
provide the opinion. He wrote:
Based upon the records examined, particularly the last
compensation exam conducted on March 7, 2014, relevant literature, and the
training and experience of this examiner, it is the opinion of this examiner
that this veteran would be unable to secure and maintain substantially
gainful employment in his normal occupational environment, regardless of
the physical or sedentary aspects of a given job, primarily due to persistent
PTSD.
There was much more, this is his summation.
Lastly the Diabetic Doctor stated the same concerning not able to work whether it be physical or sedentary.
I have a copy of the decision from Social Security that I am quoting from. Yes the VA also has.
I can read the Patient Notes from My HealtheVet that are above.
Is there a light at the end of this fricking tunnel?
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notapb1,

My WAG is before the end of the year.

Good luck to you.

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And the same to you and everyone else on this site!

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