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?at Rating Board? Again?

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KennyJ

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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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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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  • HadIt.com Elder

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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