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Does New Claims Hold Up Appeals


kkp

Question

I wont try to explain whats going on in my case, but will attach a copy of a series of e-mails I have had with my ro recently. I have been reading alot on this subject here on hadit. Remember, you, have to start at the bottom-up for proper sequence

I did notice in my last responce from them they didn't mention my appeal on my right knee, so I guess I need to call and make sure they got it.

I wonder also since I decided to handle my own case if I may have screwed it up already. Anyway maybe this will help someone understand their case better. Actually I think it has blurred my vision even more.

I appreciate any input.

(I pointed out in my first e-mail, that I was 50% ptsd and filing for iu. Does their responce sound incurraging or va bull ---) I hope I'm not breaking any laws posting these e-mails.

kkp

I would like to know the status of my ptsd claim. Is it in line to be reviewe...

Discussion Thread

Response (Department of Veterans Affairs) 11/01/2006 09:28 AM

Dear Mr. ---------

This is in reference to your recent e-mail concerning your appeal.

Our average processing time for appeals is just an average. Some appeal may be completed earlier than that time, while other may take longer due to the type of issues under appeal, or if additional claims have been filed during the appeal process.

In your case, we received a claim for Individual Unemployability (IU) on September 27, 2006, and are currently working on that issue before we can continue to process your appeal. Because of this claim, we cannot determine an approximate date when your appeal will be completed.

Once we complete the initial review of your folder for your current claim for IU, we will send you a letter explaining any additional evidence we require to process that claim. We will then continue to process your appeal at that time.

Do You Have Questions Or Need Assistance?

If you have any questions, call us toll-free by dialing 1 800 827 1000. Our TDD number for the hearing impaired is 1 800 829 4833. If you call, please have this letter with you.

Sincerely yours,

------------

Service Center Manager

Veteran/Inquirer 10/27/2006 02:32 PM

Dear ro person

since my notice of disagreement on my ptsd was filed in feb. 2005 and the average processing time is 660 days, does that mean I should know something by feb. 2007.Is my file at the rating board or where. I just dont know how the system works. I need some good news (PLEASE).

Response (Department of Veterans Affairs) 10/20/2006 01:27 PM

Dear --------

This is in reference to your recent e-mail concerning your benefits.

Once we receive your notice of disagreement, the Appeals team will review it, and the information in the folder, to see if additional evidence is required. Our average processing time is currently for an appeal is approximately 660 days from the date we receive your notice of disagreement.

With all claims in the same folder, there may be a possibility of a delay based on the amount of work required to process each claim. Once a decision is made, or if additional evidence is required, we will notify you in writing.

Do You Have Questions Or Need Assistance?

If you have any questions, call us toll-free by dialing 1 800 827 1000. Our TDD number for the hearing impaired is 1 800 829 4833. If you call, please have this letter with you.

Sincerely yours,

--------

Service Center Manager

Veteran/Inquirer 10/20/2006 10:26 AM

I also sent a nod on my right knee recently, with new evidence. How will this affect my ptsd appeal, and the unemployablility request.

what is the time line for the knee. I mean will it be looked at first. My rep didn't know the answer to these questions.

Response (Department of Veterans Affairs) 10/04/2006 08:56 AM

Dear Mr. -------

We are currently processing your appeal for PTSD. We received your Notice of Disagreement on February 28, 2005. Unfortunately, our average processing time for appeals is currently 660 days from the date we receive the Notice of Disagreement, so it may be some time before you receive additional correspondence.

We are also working on your claim for individual unemployability that we received on September 27, 2006. The average processing time for this type of claim is currently 243 days. We will consider all evidence provided when making a determination on your claim.

Once a decision is made on either claim, or if additional evidence is required, we will notify you by mail.

Do You Have Questions Or Need Assistance?

If you have any questions, call us toll-free by dialing 1 800 827 1000. Our TDD number for the hearing impaired is 1 800 829 4833. If you call, please have this letter with you.

Sincerely yours,

------

Service Center Manager

Veteran/Inquirer 10/03/2006 02:43 PM

I would like to know the status of my ptsd claim. Is it in line to be reviewed soon. Can you give me a rough estimate of when I'll be hearing something. Also I am presently rated 50%. I sent in with other material a 21-8940 form for unemployability, will this be considered.I also sent in the side effects of the meds i take will this be considered. thanks

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Did you get a VCAA letter regarding the knee claim?

Did you send them evidence that would find your PTSD in a higher rating criteria?

I would think that they might have to consider the knee claim as part of the TDIU claim if it affects unemployability. Yet the knee claim is on appeal----

But it seems that they are focusing on the PTSD for TDIU.

Does the evidence they have solely on your PTSD support a higher rating?:

This claim might help- the criteria for different ratings for PTSD are explained:

http://www.va.gov/vetapp06/files3/0614411.txt

"ORDER

A rating of 70 percent, but no higher, is granted for PTSD.

A TDIU is granted. "

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You only have one C-file. So when a new claim or re-open is filed your C-file usually goes back to the beginning and work begins on your new claim. The collecting of evidence and all that. They will work all claims at once but starting at the beginning of the new claim.

The exception is if there is enough evidence to rate a condition immediatly. Beware of one condition being rated and the rest defered. The VA can close the other claims without notifying you. If you get a decision on one claim, immediatly NOD the rest.

As for IU, I'm not sure if they will decide that first or if they will wait for the other issues to be rated.

Chance are that your file is being devoloped (or in a stack to be developed) for your latest claim. Your earlier claim/s will not be worked untill the file has caught back up.

Hope this makes sence.

Time

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No I havn't got a letter acknoledging the nod on the right knee. Remember I sent it in with an imo from dr. Bash. and several letters from family members.

As far as the ptsd I have sent in quite a bit of new information, including an imo from a very reppuatable shrink and a list of meds (4)and how they affect me, as well as progress reports from counslers. All of the above have given me a gaf between 40 and 50. Last week my counsler told me it was unbelivable that I was only rated 50%, and I seen him type that in his notes, which I will get a copy of next week and send in.

It was from you and others I decided to file the iu. I dont suppose it has been kicked back yet as the ro made refferance to it, as a new claim.

I read the case you refured to and I am glad for that vet. I hope they are considering my ptsd and iu, but who knows

thanks kkp

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Timetowinarace

Everything you say makes since (kind of) Not being the smartest person in the world I just hope I havn't set myself back a couple of years.

I'll have this great idea today and act on it, but when the sun rises the next day I think you big dummy.

I have all these great ideas in the afternoon after taking all my meds. I think tomorrow when I wake up I'll have my wife to hide the keyboard from me befor she goes to work. Once I hit the send button its to late, But the walls dont tell anybody, and they forgive me later when I change my mind.

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KKP- you sure are not a dummy in any way at all----

I remembered you had the Bash IMO but I didn't remember all the evidence you had for your PTSD claim.

Did the PTSD doctors state that your PTSD made you unemployable?

You could get TDIU for the PTSD and the knee could potentially put you to into an SMC range-or at least set the stage for that-hard to say at this point----

I think you are very smart- you filed the TDIU form and it appears that you sure have gotten good medical evidence.

I wish KKP -that veterans did NOT have to become legal beagles and medics---

but every vet who pursues their claims by getting all the evidence they can, is not only being smart but also helping others-

I think you are on the right road to success because the only thing that wins claims is evidence.You got plenty.

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Berta

I actually went to one of the more reputable board certified Psychiatrist in our state after flling for ptsd, but befor I recieved my 50% award. I didn't go for an imo because at that time I didn't know what an imo was. I went because I was in a very bad state of mind. Fortionatly my wife of 36 years realized I needed help quickly and made the appointment. I would never tell anyone what he said that knew me, but thats the nice thing about hadit. We are all vets and no one wants to know your name. ( by the way by the grace of GOD and the meds I 'm on now the future looks much better)

Here is what he had written in his report that my rep got a copy of when when he decided we should file aan nod

Mental status examination: He is neatly and appropriately dress. Initially he maintains poor eye contact and looks away. This resolves during the course of the interview. He's obviously quite anxious and grimaces and purses his lips often during the interview. He appears restless, tense and anxious. He cried easily and had to excuse his wife from the room recalling the stressful memories that caused the PTSD symptoms mentioned above. He is alert with intact recall orientation, judgement, insight and abstraction, which is commensurate with his level of edcutation. There is no evidence of hallucinations, delutions, or homicidal idealation. He is suicidal idelation without intent.

Assessment: MAJOR DEPRESSION, RECURRENT296.32 2. PTSD 3. OCD AXIS 11. OBSESSIVE COMPULSIVE PERSONALITY AXIS111. AS ABOVE, AXIS IV SEVERE TRAMA AND DISABILITY AXIS V. GAF 40

Treatment plan: He should pursue treatment with a psychiatrist with considerations for Seroquel for ptsd nightmares, perhaps Lamictal for mood and the nightmares and more complete treatment of his OCD and depression.

The va people agreed with his accessment and furnish the two meds he recomended along with two others they wanted me to take.

Well that wasn't an imo, but that is what we sent along with the appeal.

kkp

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Berta

I actually went to one of the more reputable board certified Psychiatrist in our state after flling for ptsd, but befor I recieved my 50% award. I didn't go for an imo because at that time I didn't know what an imo was. I went because I was in a very bad state of mind. Fortionatly my wife of 36 years realized I needed help quickly and made the appointment. I would never tell anyone what he said that knew me, but thats the nice thing about hadit. We are all vets and no one wants to know your name. ( by the way by the grace of GOD and the meds I 'm on now the future looks much better)

Here is what he had written in his report that my rep got a copy of when when he decided we should file aan nod

Mental status examination: He is neatly and appropriately dress. Initially he maintains poor eye contact and looks away. This resolves during the course of the interview. He's obviously quite anxious and grimaces and purses his lips often during the interview. He appears restless, tense and anxious. He cried easily and had to excuse his wife from the room recalling the stressful memories that caused the PTSD symptoms mentioned above. He is alert with intact recall orientation, judgement, insight and abstraction, which is commensurate with his level of edcutation. There is no evidence of hallucinations, delutions, or homicidal idealation. He is suicidal idelation without intent.

Assessment: MAJOR DEPRESSION, RECURRENT296.32 2. PTSD 3. OCD AXIS 11. OBSESSIVE COMPULSIVE PERSONALITY AXIS111. AS ABOVE, AXIS IV SEVERE TRAMA AND DISABILITY AXIS V. GAF 40

Treatment plan: He should pursue treatment with a psychiatrist with considerations for Seroquel for ptsd nightmares, perhaps Lamictal for mood and the nightmares and more complete treatment of his OCD and depression.

The va people agreed with his accessment and furnish the two meds he recomended along with two others they wanted me to take.

Well that wasn't an imo, but that is what we sent along with the appeal.

kkp

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We have a lot in common kkp, almost identical appeal. When did you send your NOD in? I don`t know what will get me first, the waiting or the damn cancer. Keep in touch my friend.

Cavman

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Cavman

I filed my nod in feb 2005 .

I check in with hatit several times a day, and have read most of you're posts.

I have a feeling we will both prevail in the in, so just hang in there. Cancer is a terrible thing to have, but I know a lot of people who have defeted it, and by the grace of GOD you will to. Hang tough bro.

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Thanks alot kkp. You never defeat the big C, you survive it for awhile.

Hey, I filed my original claims on Dec. 1, 2005 and received the envelope this last September. Filed the NOD immediately. Your answer is taking a long time. Try calling the 800# every week on a certain day. I did that and am about to start again on this appeal.

Let me know what happens as I will you.

Cavman

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Cavman

I filed my original claim in feb 2004, was granted 50%, and my rep sent nod with in a week.

I did as you only I called once a month. I kept notes on who I spoke to and what they said, I have continued this process and added the e-mail thing every couple of weeks, Who knows a written record may come in handy some day. I make paper copies of every thing we discuss, because what they tell me each time seems to be contrary, to the time before.

maybe someday these written contradicyion from the ro will come in handy at a bva, maybe not. But rest assured i'll keep calling Keep fighting the good fight and keep c in remission.

kkp

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