Va Claim Question & Background

[twosteponlaststop]

Good Afternoon,

I was medically separated in 2005 from the Air Force due to asthma. The Air Force recently sent me paper work about reviewing my separation (PDRB), which I have sent back to them to review.

My DD214 stated that I was discharged with severance, service connected, and rated at 10 percent. Which technically should of been 30 since I was on an inhaler twice a day.

In the mean time, I filed a claim with the VA, which was closed because they sent appointments to me in the mail after the appt date, etc, etc. Very frustrating experience. My rating was 0 percent.

Now I have a claim that has been opened since November, and the VA says it is in preparation for decision phase, and might be done by December.

My question is - if I was discharged in 2005, why didnt the VA rate me @ 30 percent since I was on a certain type of inhaler twice per day. Also, I had a PFT recently, which showed improvement from my PFT test while still in the Air Force. Will the VA use the methacoline challenge to determine asthma as well?

Thanks for the help in advance.

[USMC_VET]

i would wait for berta or others to reply. i know there are specific differences between filing later and filing right after or before discharge. however whenever it was that you filed if htey gave you run around that should be your date If it was "continuously prosecuted" from that date, by that i mean claim filed, nod's appeals, etc. or IF you filed and they said it was a 0% rating and the evidence that htey had then pointed to a higher rating you could be do a retro based on a CUE.

[twosteponlaststop]

Thank you for the response. I had a VA claim form in with my Air Force stuff and I thought that I worked with a VA rep back then to submit it - apparently not! The VA did not have the claim on file. So, now I'm in a holding pattern with the VA waiting for their decision. Thanks again - I will wait for others to replly.

[broncovet]

It is not uncommon for you to be lowballed. The lowball club happens in/out of the military. It would have been a good idea for you to apply in 2005 at the VA, but that is water under the bridge.

If you feel that you should get a higher rating, they you will have to appeal like the rest of us.

[Berta]

"In the mean time, I filed a claim with the VA, which was closed because they sent appointments to me in the mail after the appt date, etc, etc. Very frustrating experience. My rating was 0 percent."

Was that the same claim you thought you filed in 2005?


"I had a VA claim form in with my Air Force stuff and I thought that I worked with a VA rep back then to submit it - apparently not! The VA did not have the claim on file."

Was that claim in addition to the one they sent the appt notice on, too late to go for the C & P?

If so obviously they did have the claim...if it was the same one from 2005.

I think it would help you to have a copy of your C file......

They can be full of surprises (and Evidence)

You can request a copy of it from your VARO. Just a simple letter with your C file number. Dont use FOIA...that will add months to get what is yours,,,no need for FOIAs...

You can request a copy of your VA medical records from the Records Access officer at the VAMC you deal with. The RA Officer might have a brief form to do this with if you go in person.Never use FOIA for your medical records,. Those records belong to you. FOIAS as I have stated here many times in the past, add MONTHS to record requests.

If anyone likes to cite laws in records requests to VA for med recs or C files , just cite the Privacy Act 5 USC 552.

FOIA will only add many more months to the request.

[GLW]

Please, follow Berta advice and get the C-file. When I got mine, I found the issue's had been deferred. Thus they are valid active claims.

[pwrslm]

VA must consider all of the info that was in your file before they determine that your condition should be reduced, even if you missed their appointment.

You might be able to get this turned over with a CUE, depends on if the original medical documentation in the C file shows that your asthma had improved, and would sustain that improvement, even though you had missed the C&P appointments.

The address that they sent the mail to, was it correct? Did you move and didn't get any notice or did you just blow it off? Could this be construed as "no fault of your own"?

Edited August 5, 2015 by pwrslm