Waiting For Bva?

[11cvolley]

To make a long story short, I filed a nod to get my 70% to 100%, then requested a BVA in person when they said no. The #800 people say its with a rater awaiting a decision, but its been there for over a year and nearly 2 years on step 1 under appeal statues on the website. I keep getting told they could decide to grant me 100%, but if not they will move it along to the BVA. Is this normal or are they telling me the wrong thing and they're really working on the BVA already?

[Gastone]

Check out BVA Decisions 2013-14. If you got a BVA Hearing in 2 yrs, would be very unusual. Unless you have sent in N & M Medical Evidence post NOD Denial, your dance with the VARO rating department is done. A N&M Evidence triggered Review by a Sr Rater or DRO is a possibility but barring that, your claim will set at your VARO until Certified and transferred to the BVA for your Hearing. Have you received the VA 90 day New Evidence cut off letter yet?

Semper Fi

Gastone

[11cvolley]

Check out BVA Decisions 2013-14. If you got a BVA Hearing in 2 yrs, would be very unusual. Unless you have sent in N & M Medical Evidence post NOD Denial, your dance with the VARO rating department is done. A N&M Evidence triggered Review by a Sr Rater or DRO is a possibility but barring that, your claim will set at your VARO until Certified and transferred to the BVA for your Hearing. Have you received the VA 90 day New Evidence cut off letter yet?

Semper Fi

Gastone

After the denial for an increase I got that letter. Thats when I wrote them back requesting the in person BVA. I also sent them a 3 page document stating my objection to their reason to deny me IU or other form of 100%. The C&P doctor said I am much worse than previously thought, but then the doctor says that because I play PC games I am able to hold gainful employment. The sad part is the VA denied me IU because of the doctors pc game statement.

Looking back at that letter I actually requested a review by a DRO. Which is where my file is right now according to the #800 number. My lawyer hasn't got my files yet, but tells me they're waiting on a statement of the case.

[Gastone]

I had a decent discussion regarding IU with the DRO that handled my 6/27/14 Hearing. We had already discussed my Denial and he agreed that my N & M Evidence supported the IU Award. The main piece of N&M was a VA Vocational Rehab Denial Letter that I got after my 2012 IU Denial. The DRO said a Voc Rehab Denial letter indicating that your SC conditions make it impossible to achieve Voc Rehab goals is a deal maker when it comes to a IU rating. Who better than a VA Trained Professional Employment councilor to determine your Unemployability after taking all your SC Issues, education and work experience into consideration. He said a large number of IU claims are made by Vets that are just out of work or under employed. Their SC conditions don't preclude them from finding and maintaining "Gainful Employment Income," currently $12,???.00 per year. This figure is the US Census Poverty Income for 1 person. Give Voc Rehab some consideration, certainly couldn't hurt your IU claim.

As for your current DRO Review, I trust that you have supplied Post Denial Decision New & Material evidence for the DRO to consider, if not you could be screwed. What New evidence did you submit that supported your contention that you should be Schedularly Rated at 100% as opposed to the rater's 70% award?

Semper Fi

Gastone

[11cvolley]

I had a decent discussion regarding IU with the DRO that handled my 6/27/14 Hearing. We had already discussed my Denial and he agreed that my N & M Evidence supported the IU Award. The main piece of N&M was a VA Vocational Rehab Denial Letter that I got after my 2012 IU Denial. The DRO said a Voc Rehab Denial letter indicating that your SC conditions make it impossible to achieve Voc Rehab goals is a deal maker when it comes to a IU rating. Who better than a VA Trained Professional Employment councilor to determine your Unemployability after taking all your SC Issues, education and work experience into consideration. He said a large number of IU claims are made by Vets that are just out of work or under employed. Their SC conditions don't preclude them from finding and maintaining "Gainful Employment Income," currently $12,???.00 per year. This figure is the US Census Poverty Income for 1 person. Give Voc Rehab some consideration, certainly couldn't hurt your IU claim.

As for your current DRO Review, I trust that you have supplied Post Denial Decision New & Material evidence for the DRO to consider, if not you could be screwed. What New evidence did you submit that supported your contention that you should be Schedularly Rated at 100% as opposed to the rater's 70% award?

Semper Fi

Gastone

My SSDI. For whatever reason, when they denied me an increase, they said I failed to check mark the box on the form for an increase indicating that I get SSDI for SC issue. So that was my new evidence even tho SSDI approved me with only my VA records. I never seen anyone from SSDI. Just submitted the app and talked to two people on the phone.

I haven't worked since mid 2010 and didn't apply for SC until a month after I stopped. I knew I couldn't ignore my issues any longer when I couldn't handle an at home call center job.

[Gastone]

Was your SSDI based solely on your VA SC issues? VA rater has to look at your SSDI award but doesn't mean it's a lock on IU. Depends on issues SS took into consideration.

Now this isn't guaranteed to work, think about requesting a DRO Personal Hearing. I'm not even sure you could do it at this point. Sounds like all you asked for was a DRO Review. I'm a firm believer in the need for face to face when it comes to VA Hearings.

I really wouldn't just rely on the SSDI to seal the IU deal. You could apply for VA Voc Rehab and if your as screwed up as you sound, get a Denial Letter in a couple of weeks. Now that Denial Letter would be a Deal Maker.

Semper Fi

Gastone

[11cvolley]

Was your SSDI based solely on your VA SC issues? VA rater has to look at your SSDI award but doesn't mean it's a lock on IU. Depends on issues SS took into consideration.

Now this isn't guaranteed to work, think about requesting a DRO Personal Hearing. I'm not even sure you could do it at this point. Sounds like all you asked for was a DRO Review. I'm a firm believer in the need for face to face when it comes to VA Hearings.

I really wouldn't just rely on the SSDI to seal the IU deal. You could apply for VA Voc Rehab and if your as screwed up as you sound, get a Denial Letter in a couple of weeks. Now that Denial Letter would be a Deal Maker.

Semper Fi

Gastone

I asked for a face to face. For some reason I was thinking BVA. Thats why i'm a little confused to why its with a DRO awaiting a decision. My SSDI is based solely on PTSD. I wouldn't feel comfortable or okay with using the voc rehab like that.

[11cvolley]

Just got off the phone with the #800. Lady said I opted for a DRO review a little over two years ago. Said she is sorry that it is taking so long, but said something about the RO was sent more people to help with the backlog... I'm glad they finally stopped the bonus programs for these people. I think they got it right on the money when they said the bonus program was making the RO look for any reason to deny a claim because denying a claim allows them to process more claims to get that bonus.

[Gastone]

11: Just went back and chked your prev posts to get up to speed. It appears you were awarded PTSD @ 70% about 08/2012, did you get an "Inferred IU claim Pending" notification with this PTSD award? Did you subsequently file an IU Claim that was Denied? What was the VA's reason for Reducing your 30% SC and did you appeal that decision, DRO or BVA?

Were you or are you now using a VSO-Rep for your NOD or NODs? What does your Rep say?

Have you provided your VARO rating Dept with any and all New & Material Medical Evidence post Denial Decision? Are you sure they got It? It sounds like your currently waiting (2 yrs?) on a DRO Review, not a DRO Personal Hearing. If you don't have an actual DRO Personal Hearing request on file, you best be sure any and all New and Old Material Medical Evidence is in the rating Dept's Claims Folder. You won't know until well after the DRO Reviews your File and either Awards or sends you a Continued Denial in the form of a Supplemental Statement of case. Then it's too late and your BVA Bound, another 2+ years. I think your contention is you think you should have been rated at 100% for PTSD, right. That could be a tuff sell, depends on how compelling your medical evidence is.

As for the VA Vocational Rehab program. The Denial Letter is not an automatic. If the VA expert believes you are not precluded from completing the Voc Rehab Program due to your SC conditions, you won't get the "Letter." I think you mentioned that a VA C&P Dr (Psychiatrist-PTSD?) shot down your being unemployable due to playing Vidieo Games. Might be time to get an actual VA Vocational Rehabilitation Expert's opinion. Could only hurt if he/she believes your are capable of being retrained for "Gainful Employment Income" providing job. They don't care what previous training or education you have had. It's all about how you are today, do your SC conditions make you unemployable currently or not.

You have to do what your comfortable with. Looking at your previous posts, you need to do your due diligence and use any and all the tools available to you. Good Luck!

Semper Fi

Gastone

[11cvolley]

11: Just went back and chked your prev posts to get up to speed. It appears you were awarded PTSD @ 70% about 08/2012, did you get an "Inferred IU claim Pending" notification with this PTSD award? Did you subsequently file an IU Claim that was Denied? What was the VA's reason for Reducing your 30% SC and did you appeal that decision, DRO or BVA?

Were you or are you now using a VSO-Rep for your NOD or NODs? What does your Rep say?

Have you provided your VARO rating Dept with any and all New & Material Medical Evidence post Denial Decision? Are you sure they got It? It sounds like your currently waiting (2 yrs?) on a DRO Review, not a DRO Personal Hearing. If you don't have an actual DRO Personal Hearing request on file, you best be sure any and all New and Old Material Medical Evidence is in the rating Dept's Claims Folder. You won't know until well after the DRO Reviews your File and either Awards or sends you a Continued Denial in the form of a Supplemental Statement of case. Then it's too late and your BVA Bound, another 2+ years. I think your contention is you think you should have been rated at 100% for PTSD, right. That could be a tuff sell, depends on how compelling your medical evidence is.

As for the VA Vocational Rehab program. The Denial Letter is not an automatic. If the VA expert believes you are not precluded from completing the Voc Rehab Program due to your SC conditions, you won't get the "Letter." I think you mentioned that a VA C&P Dr (Psychiatrist-PTSD?) shot down your being unemployable due to playing Vidieo Games. Might be time to get an actual VA Vocational Rehabilitation Expert's opinion. Could only hurt if he/she believes your are capable of being retrained for "Gainful Employment Income" providing job. They don't care what previous training or education you have had. It's all about how you are today, do your SC conditions make you unemployable currently or not.

You have to do what your comfortable with. Looking at your previous posts, you need to do your due diligence and use any and all the tools available to you. Good Luck!

Semper Fi

Gastone

My 30% went to 0% because my ptsd is causing me breathing problems, not asthma.

I think what I got with my award was the paperwork to start an IU claim.

I have a VA lawyer, but the VA hasn't given him anything yet. Its been 6+ months since I retained him. Maybe the VA will send him my c-file after the DRO review???

I provided all new evidence and it is on file that I requested a face to face with a dro.

Going back and reading the c&p examine for iu/100%, the doctor is saying that I am much worse than previously thought, and his comment regarding video games is him stating i'm capable of some work. He never said/wrote anything about me being able to work.. I think whoever had my case rushed it and was looking for a reason to deny me to get to the next case; otherwise, I can't understand how playing video games would mean I can hold gainful employment.

[Gastone]

11: You said 2 very interesting things, "some work & PTSD caused breathing Problems." The "some work" could be "gainful employment income" so the rater bones you for now, that's where a VA Professional Employment Councilor's opinion could help you. The "PTSD & Breathing Problem" is a possible 50% SC SA claim as Secondary to PTSD. You need to get a VA Sleep Study done. I never snored (Classic symptom of SA) but was DX'd with Severe SA 04/11 Secondary to CAD 01/06 with PTSD 70% 08/11.

The 50 for SA on BiPap would get you to 90%, but the SA symptoms are very employment limiting. Not to mention, SA left untreated, will kill you. ???? Is there an official DX or Medical statement in your Med or C File indicating the breathing Problem is more likely the result of your DX'd PTSD? That could make your SA Claim a FDC.

Semper Fi

Gastone

[11cvolley]

11: You said 2 very interesting things, "some work & PTSD caused breathing Problems." The "some work" could be "gainful employment income" so the rater bones you for now, that's where a VA Professional Employment Councilor's opinion could help you. The "PTSD & Breathing Problem" is a possible 50% SC SA claim as Secondary to PTSD. You need to get a VA Sleep Study done. I never snored (Classic symptom of SA) but was DX'd with Severe SA 04/11 Secondary to CAD 01/06 with PTSD 70% 08/11.

The 50 for SA on BiPap would get you to 90%, but the SA symptoms are very employment limiting. Not to mention, SA left untreated, will kill you. ???? Is there an official DX or Medical statement in your Med or C File indicating the breathing Problem is more likely the result of your DX'd PTSD? That could make your SA Claim a FDC.

Semper Fi

Gastone

I just did a little googling on SA and from reading other people's post is like looking in a mirror. I had to move the garbage can into my garage so I could take the trash out. I don't like having windows open or the blinds open in fear of people seeing me inside my house. I get super quite when I hear someone near the house. I've even missed getting my medicine that I have to sign for. But I do have good days when I can go out. For the sleeping part I have times when I wake from a nightmare I found that I punched the fan next to me or kicked. My wife says I don't snore.

A lot of the symptoms on http://www.helpguide.org/articles/anxiety/social-anxiety-disorder-and-social-phobia.htm I have, but won't that give the VA reason to lower my ptsd rating?

[Fat]

Interesting................

[Gastone]

11: Forget about the possibility of future claims lowering your SC's. Think positive don't worry about the maybes. Get a FDC claim started on your E Ben site to lock in your file date. If you don't mind, then again even if you do mind, share with me or us exactly what was said and entered into your VA Med Record and C-File regarding your Breathing problem being reduced due to PTSD being it's cause. Very strange, doesn't appear that the VA recommended a sleep study. You said after a skosh of research on SA, it mirrors your symptoms. If that's the case, use your My Healthy Vet Site to Secure Msg your Primary Care Dr regarding your symptoms and concerns regarding the possibility of SA. The VA has some of the State of the Art Sleep Study Programs available. My Private Hospital study took 3 Nights and I was DX'd after the 1st night. The next 2 nights were to determine how bad and what the best Pressure Settings would initially be for my Breathing Machine. SA is no joke, left untreated it will kill you. Sooooooooooooo, get busy, right.

Semper Fi

Gastone