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Don't expect a quick turn around...

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Posted

...now that the VA reached "an all time low" and settled all our back claims, lol.  I am on a hardship, both OIF and OEF wartime vet, retired for medical reasons (post 20 yrs), went bankrupt, etc., etc. and this is my initial claim filed within 2 weeks of retirement. My claim went over a year last month and I am unable to work.  My initial completion date was supposed to be February 15 and, at the time, I didn't see how we could survive financially until then.  Since I had to go bankrupt, I guess we didn't, right?...But that's partially bc February 15 became April 15, then April 15 became July-August 15, which in turn became September 15, and THEN sometime Spring to early Summer 16 (this was when I was last on here, I just didn't want to spew negativity at everyone) and then the completion date on ebennies became what you see below:

Status of Your Claim

Review of Evidence

  • Submitted: 09/23/2014 (Compensation)
  • Estimated Completion: At this time, your Regional Office is unable to provide an estimated completion date for this type of claim.

Also, I had been in Prep for Decision for around 4 months before it started bouncing backward again.

To add to this, check out my IRIS Response I received about 2 weeks ago (notice the 3+ MONTH turn around!):


 

Response By Email (Department of Veterans Affairs) (09/30/2015 02:53 PM)
Dear Mr. xxxxx:

This is in response to your inquiry to the Department of Veterans Affairs (VA) dated June 24, 2015.

Your inquired about the status of your claim and would like to note hardship as well as the submission of your proof of bankruptcy.

We have noted in your claim that you have claimed financial hardship and your proof bankruptcy has been included in your file. (NOTED...not the action verb I was looking for, jackasses)

Your claim is currently pending the receipt of a requested medical opinion. Following the receipt of said medical opinion we will make a decision on your claim and notify you promptly.  (THIS didn't happen until less then a week before they sent this.  They want ANOTHER OPINION from one of 'THEIR VA' Docs to counter something that was stated by the IHS Doc they contracted and sent me to.  If they contract them, they are VA Docs, right?  At least from the perspective of the validity of their opinions and ability to administer C & P's, otherwise why send anyone there?)
In regards to your question inquiring your status with regards to CFR 4.28 Prestabilization rating from date of discharge from service:

Department of Veterans Affairs examination is not required prior to assignment of prestabilization ratings; however, the fact that examination was accomplished will not preclude assignment of these benefits. Prestabilization ratings are for assignment in the immediate postdischarge period. They will continue for a 12-month period following discharge from service. However, prestabilization ratings may be changed to a regular schedular total rating or one authorizing a greater benefit at any time. In each prestabilization rating an examination will be requested to be accomplished not earlier than 6 months nor more than 12 months following discharge. In those prestabilization ratings in which following examination reduction in evaluation is found to be warranted, the higher evaluation will be continued to the end of the 12th month following discharge or to the end of the period provided under §3.105(e) of this chapter, whichever is later. Special monthly compensation should be assigned concurrently in these cases whenever records are adequate to establish entitlement.

Please understand that Prestabilization claims must be filed prior to discharge to be considered eligible for this benefit. (I cannot find this requirement anywhere, and neither could anyone else including the VA flunkies who deferred the question over and over again. Would have been good to know pre-separation.  Notice it says nothing of the kind in the Regulation, even though he quotes it.  IMHO, they just don't award this benefit, like others that they don't honor.  This one was designed to get you thru till a final rating was established, therefore, they would be forced to pay all of us with active medical conditions as we were getting out at possibly a higher rate until they came to a determination.  It's much easier to just not pay, I suppose.)

We apologize once again for the length of time it is taking to make a decision on your claim; however, we are currently experiencing a backlog of claims. The decsion phase can sometimes be a lengthy process because we want to make sure every claim has a thorough review, as well as a fair and accurate decision.  (Well, F*** you, too! See, 'I'm learning VA speak!)

Thank you for contacting us. If you have questions or need additional help with information in our reply, please respond to this message or see our other contact information below.

Sincerely yours,
RO Director
VA Regional Office

21/273/jsm

WTF can I do short of a terrorist activity to get them to do something?

 

 

Recommended Posts

  • 0
Posted

Police never showed, or called, so that's good news, I guess, and at least two individuals will possibly think twice before flipping people off.  Guy flipped me off for passing him AFTER he cut me off and went 25 mph under the speed limit for at least 3 miles before there was a place to pass legally.  Things rapidly accelerated from there and ended with a huge mess in the cab of their truck after they wouldn't pull over and handle it like men.  Very embarrassing and not one of my better moments, but I don't understand why people never have the intestinal fortitude to follow thru when they decide to start shit.  At least I was alone and had just enough sense to divert my projectile at the last second from ear holing the driver and just gave them a shower instead of a concussion and accident.  Again, not a proud moment, but not isolated either and I am sure others deal with this. 

 

  • 0
Posted

Of course you could have been the one to call 911 and reported them for an attempted swoop and squat insurance fraud crash. Or maybe that you think you may have seen a gun in the car and they were being aggressive towards you, or as a possible drunk driver.  I have reported a few license plates in as possible DUIs...while driving behind them.  Either way, glad you're ok.

  • 0
Posted

Since you have letters to your representatives ready to go, what are you waiting for?

I have been fighting with my VARO (Oakland....yeah I know) since they closed my claim 3/15 for "no documentation" even though I have 29 years worth of it. Requested my medical records from VA Archive 3/15 and waited.

Filed NOD in June, wrote "love letter" to VARO director, got call from VSR saying we should do a reconsideration since it's faster 3 weeks after director received my "love letter". Had to get congressman's office involved in July since it was clear, the VARO was going to continue this line of "no documentation" nonsense. Congressional hit VA Archive 7/24/15, CD burned and mailed 7/30/15. Have since received all of my medical documentation from the VA Archive Caves and now DAV is back after VSR at VARO to do reconsideration. My case was assigned in July after Congressional was filed as well however we haven't had any movement.

The congressional (assuming you have a senior rep.) will kick the VARO into high gear since they have contacts at the VARO and have to provide status updates. (If you have a newby rep.....you're in trouble since their staff is not as networked)

My point, DON'T WAIT...get your representatives involved EARLY...the longer you wait, the longer the VARO will sit on your file.

I called my Rep. office, they e-mailed me the release form, I signed/scanned it back the same day. They were on the phones that afternoon.

  • 0
Posted

Well, I am at Houston VARO but last I was able to check it, they hard farmed my claim to South Dakota, I think.  I cannot go in-person either way, Houston is about 3 hours away from me and my car hasn't run in over a year.  If my claim is in another state, well...?  Like I said, the VA has been teasing me for a while with the shifting dates, and I have tried to keep patient.  At this point I agree with you, I have had enough. I think they sometimes exacerbate issues for a vet intentionally.  There is no way that a "health care" organization that deals exclusively with vets, many of whom have been in combat operations, can honestly say they are unaware of the impact their bureaucracy, ineptitude and shady practices are having on the mental health of veterans.  I swear, if I did not already have PTSD, I would be claiming friggin' mental anguish and depression as secondary to their process.  I would prefer they just call me in and defecated on me in person.  At least then I could borrow a go pro and sell it to some pervert ex-VA employee that missies the "good ol' days".  God help them if my house gets foreclosed before they sort me out.

 

  • 0
Posted

They acknowledged receipt of your hardship, you should get a letter telling you if they accept it.  Took them another 3 weeks for mine to come though.  Filed with foreclosure documents May27, they acknowledged receipt Jun 7, and Jul 3 I got officially notified that my case was considered hardship.  Settled 3 Sep.

Its hard to go a year without a paycheck, that's a fact.

Once you get the approval on hardship, it goes faster, but only as fast as the C&P schedule will allow.  Mine took about 4 weeks to get in, the day after the C&P it went to pending decision, then pending approval.  I went to the EBenefits site and pushed the "Decide my claim" button, and in 3 days it was over.

 

They screwed it up and low balled my rating, but they approved everything I asked for.

  • 0
Posted

VHA has 30 days to complete C&P once scheduled.

VBA, as we know, does not have any set timetable.

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