Don't expect a quick turn around...

[TALON II FE]

...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?

 

 

[TALON II FE]

In Re; FOIA

I walked into the FOIA office and they handed me copies of my MRI reports from VISTA.  Just walk in and ask them for it.  If they say no, you can still do a request.  It is not tied to the VBA claim, its a VHA FOIA on your medical records there.

I am about 3 hours from my RO, do they have FOIA offices in VA hospitals, or only at RO?  If they have them at the hospitals, I have one of those an hour away, I'll get a ride and go next week.

[pwrslm]

FOIA, or privacy office, is at my VAMC here.

[pwrslm]

Don't let that machine get you down. Looking at USC, they should have given you a temp. rating right off the bat. 

Work on this;  https://www.law.cornell.edu/uscode/text/38/1156

38 U.S. Code § 1156 - Temporary disability ratings

(1) For the purpose of providing disability compensation under this chapter to veterans, the Secretary shall assign a temporary disability rating to a veteran as follows:

(A) To a veteran who—

(i) was discharged or released from active duty not more than 365 days before the date such veteran submits a claim for disability compensation under this chapter;

...

(2) With respect to a veteran described in paragraph (1)(A), the Secretary may assign a temporary disability rating to such veteran regardless of whether such veteran has obtained a medical examination or a medical opinion concerning such veteran’s disability.

....

(b) Termination of Temporary Disability Ratings.—

(1) Except as provided in paragraph (2), a temporary disability rating assigned to a veteran under this section shall remain in effect as follows:

(A) For a veteran who is assigned a temporary disability rating under subsection (a)(1)(A), until the later of the date that is—

(i) 12 months after the date of discharge or release from active duty; or

(ii) provided in regulations prescribed by the Secretary

[TALON II FE]

Don't let that machine get you down. Looking at USC, they should have given you a temp. rating right off the bat. 

Work on this;  https://www.law.cornell.edu/uscode/text/38/1156

38 U.S. Code § 1156 - Temporary disability ratings

(1) For the purpose of providing disability compensation under this chapter to veterans, the Secretary shall assign a temporary disability rating to a veteran as follows:

(A) To a veteran who—

(i) was discharged or released from active duty not more than 365 days before the date such veteran submits a claim for disability compensation under this chapter;

...

(2) With respect to a veteran described in paragraph (1)(A), the Secretary may assign a temporary disability rating to such veteran regardless of whether such veteran has obtained a medical examination or a medical opinion concerning such veteran’s disability.

....

(b) Termination of Temporary Disability Ratings.—

(1) Except as provided in paragraph (2), a temporary disability rating assigned to a veteran under this section shall remain in effect as follows:

(A) For a veteran who is assigned a temporary disability rating under subsection (a)(1)(A), until the later of the date that is—

(i) 12 months after the date of discharge or release from active duty; or

(ii) provided in regulations prescribed by the Secretary

Nice find, but I doubt I can get them to honor it at this point.  Maybe someone else will see this and be able to start pushing for it at the beginning of the process.  Knowing my luck, it will just further delay my claim.  3 months ago when I finally asked formally rather than over the phone, it may still have been worth pushing.  The fact that most people with a lot of experience with the VA as well as every VA employee I inquired with since I found it about 6 months ago has no idea what I am talking about, shows they are not awarding it.  I agree with you and think the Code is pretty cut and dry, but I have learned in my research that sometimes that really makes no difference within the VA system.  A truly stacked deck when the rules only apply to one side and only when convenient for the other side. 

[pwrslm]

Hickey is gone.

Ever heard of retro?  They can assign the temp rating with an effective date that is 1 day after your discharge.

I would write a letter to McDonald.  Tell him the exact nature of your conditions that created the situation that caused your retirement.  In the next paragraph tell him about your financial hardship, family and the fact that you went through 2 surgeries in the last 6 months.  Then quote the above regulations and ask why the VBA has not provided you with a temporary disability rating. Explain to him that your claim for benefits was put in  xx days after of your discharge, and that VBA should have automatically provided that disability rating in accordance with the above law. 

Don't go crazy and rant on anything.  Be short and to the point.  The man is busy, and if you give him a book to read, he probably wouldn't read it and could miss the jist of the situation.  Use facts, his staff will not be nice if you misrepresent anything.

 

Then, sit back and hope.  Play with the kids, kiss the wife, watch soaps on the tube.  Wait and see what happens.  You cant get hurt, but if he acts on it, it cant hurt any more.  The idea that the VBA would leave a recently discharged 20 year vet out in the cold is offensive.  You deserve better than this, its time to put your hand up and get it.  If I am right, and they violated US Law by failing to assign a temp. rating for you when you put in your claim (less than 365 days from discharge, right?), you should get a fast response to your letter.

[Andyman73]

Yah, what he said!