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?at Rating Board? Again?


KennyJ

Question

OK let me get everyone up to speed on this... I have appeals that have been remanded back to VARO since October 2004, also I have new claims from March 2005. Several times in the last 12 months 800# has said your claim is at rating board only to be disappointed. I had 4 C&Ps in July and one in August of this year. Ok couple weeks ago they said claim was back at development and now as of today they say the claim went to the Rating board today. Could it possibly be close to the end of this agonizing experience. How much longer could it be to the end of the process?

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Kenny-I know how you feel -my claim was with appeals team and went back into rating board Friday- it has been there many times already---I wish there was a good answer to your question-how long------

it is so hard to know what they are doing with claims sometimes-

Do you feel that you have enough medical evidence to succeed?

It is agonizing and a national disgrace that disabled vets have to wait like this.

You have plenty of company -veteran- most of us are waiting and waiting----

Regarding the Remand- do you feel that whatever the BVA asked for -is in your c file?

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Yep, you are definitely not alone. I too filed my claims in March of 2005. My claim was transferred from Saint Louis RO to Chicago RO in June of 2005 since I have since moved to Illinois. In September of 2005 it was farmed out to VARO Seattle for rating. It was returned in Nov of 2005 as a deferred rating. Then in Mar, Apr, and May of 2006 I had more C&P exams. On 28 June of 2006 the claim was then farmed out to Cleveland RO from Chicago RO for rating. It has been at the rating board since July of 06. I called the 800# today to check the status hoping a decision rating had been done.

Nope, they told me today that the Cleveland RO received 6 more packages of evidence on 2 Nov 2006 (Doesn't make sense because I sent them everything else additional that was needed back in May of 2006 which was just the C&P report for Tinnitus, Skull Loss, and Skin disorder. They have had everything in my C-File regarding the skull loss and traumatic head injury medical records since 1976.

Anyway, now I am told that Cleveland now has to re-evaluate and consider the recent 6 packages of evidence just received on 2 Nov 2006. I have no idea of what new 6 packages of evidence they are talking about as have not sent anything new or anything in a long, long, time.

So I am back now to another 60 to 90 days estimate for a decision to be reached. So maybe I will get my claim decided by the end of Jan 07. There is no excuse for us to have to wait almost two years or more for a simple decision based on evidence already previously contained in the C-File.

Long story short - I claimed skull loss back in Nov 1976 along with TBI and left temporal lobe contusion, chronic, had the VA Exams for it and it was written up in the neurologists C&P report back in 1976. What happened is the Rating Officer rated me 10% for post concussion residuals and completely overlooked my claim for skull loss even though it is in the exam request, claim form, and C&P. He just totally overlooked rating me for the skull loss larger than a 50 cent piece with brain hernia. Skull loss is under diagnostic code 5296 and I should have gotten an award for 80% back then according to the CFR 38 part 4.

Bottom line I was service connected for the TBI, but never service connected for the skull loss that resulted from in service brain surgery while on active duty. I even have a cranioplasty that was performed while in service to cover the large area of missing skull.

There is nothing hard about this, I gave them again their own records with their stamp on it as proof, the rating decision, the claim, the C&P exam, military surgical records, line of duty determination, EEGs, but to no avail, they want to drag this out as long as possible.

Why? Because legally my skull loss claim is still an open claim with retro expected back to Nov 1976. I know they are using every silly little thing to delay this because it so simple a monkey could understand it.

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Yep, you are definitely not alone. I too filed my claims in March of 2005. My claim was transferred from Saint Louis RO to Chicago RO in June of 2005 since I have since moved to Illinois. In September of 2005 it was farmed out to VARO Seattle for rating. It was returned in Nov of 2005 as a deferred rating. Then in Mar, Apr, and May of 2006 I had more C&P exams. On 28 June of 2006 the claim was then farmed out to Cleveland RO from Chicago RO for rating. It has been at the rating board since July of 06. I called the 800# today to check the status hoping a decision rating had been done.

Nope, they told me today that the Cleveland RO received 6 more packages of evidence on 2 Nov 2006 (Doesn't make sense because I sent them everything else additional that was needed back in May of 2006 which was just the C&P report for Tinnitus, Skull Loss, and Skin disorder. They have had everything in my C-File regarding the skull loss and traumatic head injury medical records since 1976.

Anyway, now I am told that Cleveland now has to re-evaluate and consider the recent 6 packages of evidence just received on 2 Nov 2006. I have no idea of what new 6 packages of evidence they are talking about as have not sent anything new or anything in a long, long, time.

So I am back now to another 60 to 90 days estimate for a decision to be reached. So maybe I will get my claim decided by the end of Jan 07. There is no excuse for us to have to wait almost two years or more for a simple decision based on evidence already previously contained in the C-File.

Long story short - I claimed skull loss back in Nov 1976 along with TBI and left temporal lobe contusion, chronic, had the VA Exams for it and it was written up in the neurologists C&P report back in 1976. What happened is the Rating Officer rated me 10% for post concussion residuals and completely overlooked my claim for skull loss even though it is in the exam request, claim form, and C&P. He just totally overlooked rating me for the skull loss larger than a 50 cent piece with brain hernia. Skull loss is under diagnostic code 5296 and I should have gotten an award for 80% back then according to the CFR 38 part 4.

Bottom line I was service connected for the TBI, but never service connected for the skull loss that resulted from in service brain surgery while on active duty. I even have a cranioplasty that was performed while in service to cover the large area of missing skull.

There is nothing hard about this, I gave them again their own records with their stamp on it as proof, the rating decision, the claim, the C&P exam, military surgical records, line of duty determination, EEGs, but to no avail, they want to drag this out as long as possible.

Why? Because legally my skull loss claim is still an open claim with retro expected back to Nov 1976. I know they are using every silly little thing to delay this because it so simple a monkey could understand it.

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  • HadIt.com Elder

Kenny

I would say that if you think you have enough evidence to win your claims don't add anything and just wait for the rating. If you add claims or new evidence at this point it may delay the claim even longer. Don't get the congressman involved or do anything that is going to give them an excuse to delay longer.

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Rocky

Is there any way you can find out what new evidence the VA is talking about that they have to re-evaluate? They help my claim up waiting for a certified copy of my DD214 and I had been SC'ed for 30 years. They never told me this until I inquired as to what exactly was holding up my claim. I bet when your claim was farmed out they did not send all the evidence with it.

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Yep, that is the proccess. If a claim goes to rater and rater determines more info is needed it goes back to developement team. If it is at the raters and a new claim is recieved it goes back to developement for the new claim. It can go back and forth like that many times.

I know it doesn't make it right. But, that's an explanation. Hope you get some good news when they finally get to it.

Time

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John999,

I wish there was a way I could find out what the 6 packets of additional information are. I asked the 800# guy and he was helpful. He even checked another place to see if there was any other info other than at the rating board in Cleveland. That is when he came back on the phone and told me about the 6 packets of additional info received in Cleveland on 2 November 2006. Other than that he did not know what the peculiars of the additional information were, just that 6 packets of additional information received is all.

I'd bet that when Chicago sent the file they did not send the additional information and medical evidence with it.

Like I said the last thing I had was a C&P for Tinnitus and I sent them a copy of the C&P report, even though they should have had it when the file was returned back to the RO from the VAMC. I got that C&P report the first week in June and mailed the copy right away myself with signature confirmation requested.

This is just the damndest cluster F I have ever seen! It will be more than likely that I won't get a decision for two complete years from the date I filed the claim.

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Personally, in the last 24 months I have seen a VERY large increase in the turn-around time for a NOD, or even a basic rating. I suppose it is due to the influx of new claims coming from the veterans of Afghanistan and Iraq. I personally have been told by my local VARO raters that these segments of the veteran population are filing claims at over 5 times what was projected. The VA did project a need for more ROs, but not anywhere near what they are seeing, so the lag time is growing until enough people can get trained and into the loop. Further, the VA is not going to hire enough people to cover the influx...period. Since the theory is, they will not have the need for them once the War end. I suppose I can see the point there, they dont want to go to the expense of training people, just to have to let them go when their position is no longer justified, but I personally think that the need a longer telescope. These claims are not going to decrease in any appreciable way anytime soon, like within the next decade.

I am seeing anywhere from a 90 to a 120 day additional delay. Since what I deal with several regional offices..all over the US, I think this is typical, and we are just going to have to accept it. Not like it, but accept it. Further I am seeing...well stupid mistakes on claims. Usually the VA at least makes a logical, though biased argument in support of their decision. Well, mostly anyhow, but recently they are just denying things and saying basically, I said no because I said no. The are refusing to schedule EMG's for patients that have radiculapathy, without a claim being filed etc. Go figure, its just the influx of new raters I suppose, as well as the VA's knee jerk reaction to the potential amount of compensation they are going to be paying out from now on.

Anyway, thats what I see.

Bob Smith

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