Hurry Up C&p 27 Feb What Is A Veterans Service Officer? Don't I Get One?

[DianeElizabeth]

I sent in a Notice of Disagreement Dec 2013. Since I hadn't heard anything I sent another letter 21 Jan 2015. I received a phone call about one week later setting me up for a Comp and Pen exam on the 27th of Feb. I was alright with that until I started reading about Fully Developed Claim and a Veterans Service Officer. This hasn't been mentioned and I am wondering really what does it mean and would it be useful to me?

My concerns stem from the last examination as the denial was based upon a completely erroneous claim that I had worked as a New Researcher for the past 20 years and that was the cause of my problems. I had worked as a News Researcher full time from 1997-1999, 18 months in total and then I worked weekends until my health crapped out in 2001.

Needless to say, I am a bit nervous and obviously apprehensive and quite mistrustful.

Can someone help me because I truly feel I'm being railroaded and not being helped by the VA as I should be.

Thank you

[georgiapapa]

A "Fully Developed Claim" or FDC is just a faster and more expeditious method of submitting a claim. It requires the veteran to send in all of their evidence at one time when they initially file their claim and no additional evidence may be submitted after the claim is received and the veteran agrees for the VA to go ahead and make a decision on their claim. If any additional evidence is submitted after the FDC claim is submitted or additional documentation is required from the veteran, the claim is removed from the FDC process and moved to the standard claims process which is slower. Since your claim is already in progress, it would not apply in your case.

A VSO or "Veteran's Service Officer" works for veteran's service organizations such as the DAV, American Legion, etc. Although they do not work for the VA, they are often given office space in the same building as the VA regional office. They provide claims assistance to veterans on request.

Since you are scheduled for a C & P exam on 02/27/15, you are nearing the end of your claims process. Once the VA regional office receives the report from your C & P exam, your claim will be reviewed and a disability rating will be awarded if you have provided adequate evidence of your claimed medical condition and have proven a nexus or connection between your claimed medical condition and your military service. If you have not, your claim will be denied.

Just curious, did you file your own claim or did you receive assistance from someone?

Good luck to you and thank you for your service.

[georgiapapa]

You said you sent in a NOD or Notice of Disagreement in December 2013 and never heard anything so you sent another letter January 21, 2015 and received a phone call about a week later scheduling your C & P exam for 02/27/15.

Did you ever receive a C & P exam before your denial? If you would provide info as to exactly why the VA denied your claim in 2013, others on the Hadit website would be in a better position to offer suggestions or opinions to assist you. Provide as much info as possible but you do not need to provide any personal identifying info.

Your apprehension and distrust of the VA is understandable. A lot of veterans feel the same way.

Good luck to you.

[DianeElizabeth]

Yes, I had an exam on 25 Jan 2013 and was turned down because they said my service connected disabilities got worse because I worked for 20 years sitting which made my back worse. But I didn't work for 20 years and never said I did. I worked full-time for 18 months from 1997-1999 then I had 4 major back surgeries in May 2000, June 2003, March 2006 by the VA in Manhattan and the last one Aug 2009.

I attended the VA Pain Clinic all this time during which time I had regular labs, X-Rays and MRIs. Since I finally won Social Security Disability in 2009 I saw a local physician because the VA is an hour away.

From about 2004, I noticed consistent elevation in my alkaline phosphatase and Calcium in my labs and asked about it. No answer so I looked it up. The chances were very high it was Hyperparathyroidism which will destroy your bones among other things. So I asked my local doctor to order a Parathyroid lab. and it was very high. I had a tumor on my parathyroid and it was removed in July 2010. I talked to the the Comp & Pen physician at length about it because of the terrible effects it has on the body especially your bones.

My alk phos and calcium levels increased again in 2013 and so I had to have another tumor removed. Unfortunately, I now have Hyypoparathyroidism and only just found a great endocrinologist locally. He prescribed Calcitrol and told me it was very rare. Prior to that, the doctors were doing Nothing.

So to recap, I applied for 100% for unemployability was denied in 2013 because they said I had worked for 20 years and that was why I was doing so badly. I actually worked full time for 18 months from 1997-99 and then worked weekends until 2001 because I started having major back surgeries. I turned 57 in December.

Secondly, I had been receiving terrible care which made my condition worse which I only just discovered.

I have a Comp & Pen exam on 27 Feb 2015. I went on to myhealthevet website and printed off my labs and radiology.

I hope I have cleared things up. Thank you for taking the time to read my questions.

Kindest Regards

[Berta]

You stated:

"My concerns stem from the last examination as the denial was based upon a completely erroneous claim that I had worked as a New Researcher for the past 20 years and that was the cause of my problems. I had worked as a News Researcher full time from 1997-1999, 18 months in total and then I worked weekends until my health crapped out in 2001."

It sounds like they were challenging the 'nexus' of you claim, by possibly blaming the disability on a non service cause.

Did you send them everything they requested in the VCAA letter you received?

In the NOD did you provide them any info that shows you did NOT spend 20 years in the job they feel had caused your problems.

Georgiapapa is right. If you can scan and attach the C & P exam here and the denial too, we can help more. Cover C file number, etc prior to scanning.

[Berta]

"Since I finally won Social Security Disability in 2009 I saw a local physician because the VA is an hour away."


Do you get SSDI Solely for the SC disabilities?

If so is VA aware of the SSDI award?

Was this a TDIU claim?

"Prior to that, the doctors were doing Nothing."

"Secondly, I had been receiving terrible care which made my condition worse which I only just discovered."

I think you posted at same time I was...this is more info.

What specifically is the SSDI award for....

Is it for the Hypoparathyroidism?

You might have the basis for a Section 1151 claim.

If the VA, by proven documented medical evidence causes an additional disability that is due to their lack of proper treatment, or diagnosis, etc that is the basis for a 1151 claim.

We have an 1151 forum here that explains this type of claim.

This 1151 compensation is usually rated and paid separately from the regular VA comp.

But that statement depends on many factors..


If we have more info we can help more.

[Berta]

And you possibly might have a basis for a Tort claim ( FTCA) that too is explained in the FTCA and 1151 forums.here.