I kept getting these applications from the St Pete RO on applying my daughter who will graduate high school May 2016. They kept sending them but I know that you cannot get Chapt 35 unless the criteria has been met, one being a living veteran is P&T. So after about the 3rd application I finally filled it out and sent it in. About 2 months later my daughter received the Certificate of Eligibility award letter qualifying her for Chapter 35. HUH? I've talked with JBasser and John Dorle about this and they also are kinda lost and Jbasser told me to file a IRIS question to find out if I am actually P&T and the RO hid this from me. Well I get the IRIS questioned answered and they said they don't see anything in them systems showing me P&T. So now I am kinda lost on this. Why would the St Pete RO send me these applications. I was kinda pissed at first wondering if I can file a TORT suit against the VA for this because now my daughter is stressed out over this. I wasn't about to allow her to use that letter then the VA comes back after 1 year or years later and say "Well you owe us money"..I am seriously thinking of file the TORT claim but has it no harm has been done like they have done on my medical treatment which is another title by itself. Yes I could sue the crap out of the VA for disregarding an MRI that was VERIFIED twice showing Cervical Discs herniations, one at C2-3 and the other one at C5-6. I still live with that pain today in my left arm...Okay getting off tracks.
My question is this, is it possible they approved my daughter Chapt 35 knowing in the future or near future, because I have requested a DRO hearing before certifying my case to the BVA, I will be approved P&T at the RO Level? See I never requested P&T because I did not know it was a claim. But after I received my Statement of Case, I submitted EVIDENCE the VA didn't even utilize during the process. You cannot deny 2 EMGs and the second one showing my issues are getting worse. So I requested a hearing as I did NOT waive RO Jurisdiction and submitted both EMGs that was not even talked about on the SOC. I also submitted addendum from Dr. Bash that he made in technical error because the EMG backed him up so he has to update the report. I also asked/requested that the RO approve me for P&T since its not a regular claim and to add my other leg to the SOC since BOTH legs are secondary to my back and it could affect the over all outcome to the case at BVA. Hopefully I will have this hearing in Spring 2016, fingers crossed.
So has this ever happened before or to anybody on hadit? Why would they approve Chapt 35 if I am not P&T. Yes I am on IU but I guess I am in their so called Stabilization period but that is only suppose to happen right after you get out of the military, per the VA regulations. Good thing is the RO overturned a denied claim of upper radiculopathy in my arms and gave me 10% but that wasn't enough to bump me up to 100% scheduler. So is it possible the VA/RO already knows if I am going to be P&T?
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rpowell01
I kept getting these applications from the St Pete RO on applying my daughter who will graduate high school May 2016. They kept sending them but I know that you cannot get Chapt 35 unless the criteria has been met, one being a living veteran is P&T. So after about the 3rd application I finally filled it out and sent it in. About 2 months later my daughter received the Certificate of Eligibility award letter qualifying her for Chapter 35. HUH? I've talked with JBasser and John Dorle about this and they also are kinda lost and Jbasser told me to file a IRIS question to find out if I am actually P&T and the RO hid this from me. Well I get the IRIS questioned answered and they said they don't see anything in them systems showing me P&T. So now I am kinda lost on this. Why would the St Pete RO send me these applications. I was kinda pissed at first wondering if I can file a TORT suit against the VA for this because now my daughter is stressed out over this. I wasn't about to allow her to use that letter then the VA comes back after 1 year or years later and say "Well you owe us money"..I am seriously thinking of file the TORT claim but has it no harm has been done like they have done on my medical treatment which is another title by itself. Yes I could sue the crap out of the VA for disregarding an MRI that was VERIFIED twice showing Cervical Discs herniations, one at C2-3 and the other one at C5-6. I still live with that pain today in my left arm...Okay getting off tracks.
My question is this, is it possible they approved my daughter Chapt 35 knowing in the future or near future, because I have requested a DRO hearing before certifying my case to the BVA, I will be approved P&T at the RO Level? See I never requested P&T because I did not know it was a claim. But after I received my Statement of Case, I submitted EVIDENCE the VA didn't even utilize during the process. You cannot deny 2 EMGs and the second one showing my issues are getting worse. So I requested a hearing as I did NOT waive RO Jurisdiction and submitted both EMGs that was not even talked about on the SOC. I also submitted addendum from Dr. Bash that he made in technical error because the EMG backed him up so he has to update the report. I also asked/requested that the RO approve me for P&T since its not a regular claim and to add my other leg to the SOC since BOTH legs are secondary to my back and it could affect the over all outcome to the case at BVA. Hopefully I will have this hearing in Spring 2016, fingers crossed.
So has this ever happened before or to anybody on hadit? Why would they approve Chapt 35 if I am not P&T. Yes I am on IU but I guess I am in their so called Stabilization period but that is only suppose to happen right after you get out of the military, per the VA regulations. Good thing is the RO overturned a denied claim of upper radiculopathy in my arms and gave me 10% but that wasn't enough to bump me up to 100% scheduler. So is it possible the VA/RO already knows if I am going to be P&T?
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broncovet
Va is often very vague, and even sneaky about P and T. They use terms like, "no future exams are scheduled", and someone who has no VA experience is supposed to "know" that this is "code" for P and T
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