Waiting on Rating at Winston Salem VARO

[flores97]

Hello, fellow vets.  I recently received grants on two issues from the BVA,  systemic lupus erythematosus with memory loss/mood disorder secondary, on Aug 17 2015.  I had filed the original claim Jan 7, 2010.  My question is, does anyone have an idea on average wait time for the rating phase out of the Winston Salem RO?  I know each claim is different, just trying to get a general idea.  Another question is, I have been to VA Urgent Care for Lupus Flareups 11 times in the past eight months, i was wondering if i need to forward those records to the RO to ensure correct rating.  Any help will be much appreciated and thanks in advance, and thanks to ALL Vets for your service!

[flores97]

We can hope so, there are too many veterans dying while waiting on benefits. Gastone, may I ask if you won your hearing and where you are at on your claims.  I am hoping the RO will use the DBQ filled out by my VA doctor in Nov of last year instead of scheduling me for another c&p exam for the lupus.  For the memory loss, I have a psych eval done in sep of last year, from what I understand, if you have a DBQ within a year that should cancel out the c&p, not to mention I went to SIX c&p exams at the end of 2013.  I don't mind going to another exam, but my condition has deteriorated to the point I'm only working two to three days a week, I'm concerned it could take months to schedule the exam or exam.

[Gastone]

I decided on an "Informal Hearing" and Both the NOD from 09 as well as a 2012 NOD for IU were addressed. I walked out after about 35 min knowing all major $ issues from 09 and IU from 11 were awarded. That probably is 1 of the benefits of the "Informal," DRO told me the only thing he needed to check out was the Retro Dates. That afternoon, I had a faxed copy of the DRO Award for IU T&P No Future Exams. Retro Chk hit my account about 2 weeks before the actual VA Award envelope arrived, EO 7/15.

A friend just had his official DRO Hearing last Thursday after waiting about 3 yrs. He and his attorney both attended the hearing. Standard Hearing procedure, Recorded and Transcribed. After DRO did the into and advised regarding what issues would be covered, she did not ask another question. My friend's attorney asked him questions they had decided would support his claim.

At the end the DRO said a Decision would follow in about 30 days. She did address a 2013 Pending NOD DRO Hearing for IU. Told him that his VA Sleep Apnea DBQ didn't get the job done. Gave him 30 days to get a Medical Statement on record as to his SA being Secondary to his 70% SC PTSD. The all important "As likely as not," or better yet, "More likely than not;" was missing.

 

Semper Fi

 

Gastone

[flores97]

Gastone, I elected the video teleconference hearing with the BVA judge at my RO. My hearing went much like yours, my attorney was present snd the judge did ask some questions, and at the end of the hearing made a statement something like this"Ms Flores, it is not your fault the doctors during your active service misdiagnosed your condition.  I can see you began suffering symptoms during your service, and have suffered continuously since service.". I did have pretty overwhelming evidence, my STRs clearly showed fatigue, rashes, joint pain, fevers, etc.  I was tested multiple times for german measles and hepatitis just to name a few.  The most crucial portion of my evidence wss definitely my service treatment records.  

[flores97]

Gastone,  what you said earlier about IMOs is right on the money.  If an IMO does not specifically state"as least as likely as not",  it might as well be a blank piece of paper.  The hard part is finding doctors willing to write one for you, but I have found that sometimes even if a doc is not willing to write an opinion, they WILL fill out a DBQ, which can help tremendously.  My appeal decision specifically referred to the DBQ filled out by my VA doctor as one of the critical points in my favor.

[Gastone]

10/2013, I got a New DX that I thought was a Secondary CAD issue and filed a FDC 01/14. VA jumped on it and scheduled a C&P for 04/14, PDQ, right. Meanwhile, I determined that the New DX was not 2ndary to CAD but more likely to my SC SA. Filed New FDC right away.

Sooooooo, went to the C&P and VA Staff Dr starts discussing something all together different than both my recent FDC's. He's sitting there with a Hypertension DBQ requested by the VA Rating Dept. My FDC was for Pulmonary Hypertension, not regular Axx Hypertension, BIIIG Difference. Then I told him I was wrong regarding the New DX being 2ndary to CAD, it was more likely due to my SC Sleep Apnea. He agreed!

He proceeded to tell me that he could only address the issues requested by the VA Rating Dept and had to complete the VA Rater's requested Hypertension DBQ. Catch 22, that wouldn't help me at all, right.

At that point we discussed the VA's NEW DBQ policy regarding requirement of VA Drs to complete a Condition Specific DBQ when requested by a Veteran, at the time of the appointment. He concurred, if I were to request a Pulmonary Hypertension DBQ addressing a 2ndary linkage to my SA, he would be required by VA Regulation, to complete it.

I Did, He did and I was awarded a PH SC 2ndary to SA 08/14. The SC Award arrived about 4 days after the Denial arrived for the 1st FDC. The Award listed the C&P PH DBQ as the deal maker. In the end, the rating Dept still got the rating wrong, used Hypertension guidelines rather than PH.  I got the IU award 06/14 so there's no real $ involved now but I'll wrestle with them for the correct PH SC % over the nest year or so.

Semper Fi 

[flores97]

That's outstanding, Gastone, I'm glad the doc was helpful and upfront about the new policy.  Its amazing how many veterans have never even heard of DBQs.  I found out about the forms myself when researching for my claims.