I Am So Irritated With Ineptness! Update.

[kate7772]

Filed a reconsideration for percentage of disability in my husband's mental health claim. Was awarded 50% and we think it should have been 70 due to the symptoms. In the decision, they listed the symptoms required for the next higher level. My husband has at least five of the seven listed but since the C&P examiner failed to fill out the symptom part of the C&P, the award was based on his opinion which was at the 50% level.

In the reconsideration, we asked for a new C&P due to the incompleteness of the first one. A new one was scheduled but the new examiner instead forwarded it back to the original doctor to complete. When he did complete it by listing symptoms, I swear he just went in and fit the symptoms around his original opinion. He said he reviewed my husband's VA treatment records but that is highly unlikely since those symptoms he missed are all through the records for the past 18 months.

Now, the claim is in pending decision approval and DAV says they are denying an increase due to the symptoms not fitting.

How do you get through to these people something as simple as "do it right?"

I don't want to wait another three years or so for an appeal.

Thanks

Kate

Edited April 10, 2015 by kate7772

[Pete53]

He should apply for SSD asap cause they will pay full benefits and if they date it back could get Medicare. Early retirement is ok but SSD is better, Good Luck at least Social Security is faster and in my opinion fairer than VA

[kate7772]

Well, I have emailed Allison several times. On Mar. 19th, after I realized the same examiner was failing to do the job right again, I emailed and she said she would forward to exam leadership to see if they could help. Heard nothing and now it has gone to complete.

This morning, while still in pending decision approval, I decided to try again. I spent until the wee hours of the morning, combing through my husband's VA medical treatment records and filled five full pages with highlighted excerpts from the records, all relating to the symptoms the examiner failed to include. Sent them through to Allison. She responded within the hour, saying she would ask the two senior leaders over exams to look at the claim, in light of the info I sent and review.

Assuming they do look at it could it even make a difference at this point since the claim is now closed?

Thanks

Kate

[Berta]

"Assuming they do look at it could it even make a difference at this point since the claim is now closed?"

Maybe...they reversed a denial for me recently, based on finally reading the evidence...

But , as I mentioned before, symptoms are only one part of an MH rating...I feel that since your husband is no longer able to work due to his SCs, that evidence alone should get them to reconsider.

Does he have any statement from his former employer as to how his SCs made it difficult for him to continue to work?

"closed" claims.... I often wonder what that means. The director of myRO tried to tell me my CUE claim was denied and that was that, over, 'closed' ,finished.

I jumped on that right away because they still have not honored the regulation they violated.

And I emailed Ms. Hickey ,who emailed a few others to include the director.....

I have a timely NOD pending and even a request for NOD deadline extension, and the denial is still legally erroneous....

I suggest that you CC the Director of your VARO when emailing Ms. Hickey. Unless Ms. Hickey does that in her reply.,as she did in my case.

[kate7772]

Edited April 11, 2015 by kate7772