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Iu, Ptsd, And, Appeal On Right Knee

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kkp

Question

This is a series of e-mails between Myself and the RO. As with hadit You have to start at the bottom and read up to get in sequence.

I hope you vets will read it and give me your opinions. I don't know what they are trying to tell me.

I did call my rep and he called and verified My nod We filed on my knee was not in My file even though We sent it a couple on months ago. He faxed a new copy at their request.

My Question is, are they trying to tell me, They are working on my IU claim, and my nod on my knee so they can consider my appeal on my ptsd, And if so would they put the iu and knee appeal on a fast track in order to meet the two year average they speak of on the ptsd appeal. Thats the question I was asking, Or are they telling me it may go on for ever. I am completely confused.

Thanks kkp

This is in reference to your recent e-mail concerning your various claims.

In your case, we received a claim for Individual Unemployability (IU) on September 27, 2006, and are currently working on that issue before we can continue to process your appeals. Because of this claim, we cannot determine an approximate date when your appeals will be completed.

Once we complete the initial review of your folder for your current claim for IU, we will send you a letter explaining any additional evidence we require to process that claim. We will then continue to process your appeals at that time.

As of this date, we do not have a record of your notice of disagreement for your right knee. please provide a copy of that NOD as soon as possible, so we can consider this issue.

Sincerely yours,

xxxxxxxx

Service Center Manager

Veteran/Inquirer 11/09/2006 10:28 AM

Ro person

You have been very nice and prompt in your replies, thank you.

I think I asked befor about an nod I filed on my right knee, I don't

recall any responce to this, it was filed a couple of months ago. Could you give me the statis of this and how it will affect my claim I have an appeal on ptsd, a nod on my knee, and a claim for iu in that order. Can you tell me how this will be delt with at your ro?

I am telling my wife what to say and she is typing for me. Is that ok.

Response (Department of Veterans Affairs) 11/01/2006 09:28 AM

Dear Mr. xxxxxx

This is in reference to your recent e-mail concerning your appeal.

Our average processing time for appeals is just an average. Some appeal may be completed earlier than that time, while other may take longer due to the type of issues under appeal, or if additional claims have been filed during the appeal process.

In your case, we received a claim for Individual Unemployability (IU) on September 27, 2006, and are currently working on that issue before we can continue to process your appeal. Because of this claim, we cannot determine an approximate date when your appeal will be completed.

Once we complete the initial review of your folder for your current claim for IU, we will send you a letter explaining any additional evidence we require to process that claim. We will then continue to process your appeal at that time.

.

Sincerely yours,

xxxxxx

Veteran/Inquirer 10/27/2006 02:32 PM

Dear ro person

since my notice of disagreement on my ptsd was filed in feb. 2005 and the average processing time is 660 days, does that mean I should know something by feb. 2007.Is my file at the rating board or where. I just dont know how the system works. I need some good news (PLEASE).

Response (Department of Veterans Affairs) 10/20/2006 01:27 PM

Dear Mr. xxxxxxx

This is in reference to your recent e-mail concerning your benefits.

Once we receive your notice of disagreement, the Appeals team will review it, and the information in the folder, to see if additional evidence is required. Our average processing time is currently for an appeal is approximately 660 days from the date we receive your notice of disagreement.

With all claims in the same folder, there may be a possibility of a delay based on the amount of work required to process each claim. Once a decision is made, or if additional evidence is required, we will notify you in writing.

sincerely yours,

xxxxxx

Veteran/Inquirer 10/20/2006 10:26 AM

I also sent a nod on my right knee recently, with new evidence. How will this affect my ptsd appeal, and the unemployablility request.

what is the time line for the knee. I mean will it be looked at first. My rep didn't know the answer to these questions.

Response (Department of Veterans Affairs) 10/04/2006 08:56 AM

Dear Mr. xxxxxxx

We are currently processing your appeal for PTSD. We received your Notice of Disagreement on February 28, 2005. Unfortunately, our average processing time for appeals is currently 660 days from the date we receive the Notice of Disagreement, so it may be some time before you receive additional correspondence.

We are also working on your claim for individual unemployability that we received on September 27, 2006. The average processing time for this type of claim is currently 243 days. We will consider all evidence provided when making a determination on your claim.

Once a decision is made on either claim, or if additional evidence is required, we will notify you by mail.

Sincerely yours,

xxxxxxx

Service Center Manager

Veteran/Inquirer 10/03/2006 02:43 PM

I would like to know the status of my ptsd claim. Is it in line to be reviewed soon. Can you give me a rough estimate of when I'll be hearing something. Also I am presently rated 50%. I sent in with other material a 21-8940 form for unemployability, will this be considered.I also sent in the side effects of the meds i take will this be considered. thanks

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  • HadIt.com Elder

KKP

I would write NOD's on all the issues you are going to appeal and take these to the VARO and get date stamped copies. If the VA is saying they do not have your NOD's they probably lost them. Don't take a chance on missing your NOD deadline. I would write the NOD and include a request for a De Novo Review in the NOD. Are the issues you plan to appeal part of you IU claim, or is that a separate claim of its own?

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John 999 I suppose the nod could be considered apart of the IU, at any rate The ro should have them now . I will call them monday and make sure.

I'm still wondering if someone can decipher the series of e-mails for me. ( again,like hadit they have to be read from the bottom to the top.

Thanks to all and have a good thanksgiving weeken.

kkp

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I just noticed I'm now a chief petty officer 2nd class. It must be related to a jump I made at Fort Bragg, when I missed the lz and landed in a river. I suppose I must be considered blue water navy. Some of you might remember The old t-ten shoot. you went where it took you. I have heard of having your mos changed but never your branch of servce. Oh-well some days I cant remember being neither.

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  • HadIt.com Elder

Kkp,

It looks like you have three issues going on at once. Two appeals, one for PTSD and one for the right knee, and a claim for IU. The VA will first work and decide the claim for IU before they will decide your appeals. So in essence you'll probably be waiting awhile to hear anything on your two appeals.

The VA has acknowledged your appeal for PTSD, but stated they do not have your NOD for the right knee. The only thing you have to do is submit a copies of the NOD from your right knee and the return receipt when they signed for it with a short cover letter explaining why you're resending this in.

The VA must decide any open issues, such as new claims, before they can decide any issues on appeal. They must do this because if the veteran disagrees with a decision from the appeals team and files a form 9 to send their case to the BVA, there cannot be any open issues in the C-file when the BVA receives the appeal.

Vike 17

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Vike 17 and others

Everything you say makes since, I really love it when you reply,and others also. Vike I dont know where you gained so much knowledge about these things, But I, and I'm sure many others appreciate you sharing.

I did call My rep last wed. and he verified they didn't get a copy of My nod on My right knee. He called me back in a little while and said he re-faxed it to them. ( I'm not sure who them is) because I called the ro this morning and talked to a nice fellow, and He said they hadn't recieve it or it didn't go to the right department. He gave Me his name and personal fax number and asked me if I would called My rep and have it sent to his attention. Well I called My rep who has only been there for two months, But guess what He transfered to another city. I talked to the secretary who I'm absolutly sure must have been a blond be for She got gray and lost what little memory She had. She try to tell me that my rep. would not have faxed it to the ro, but to someone higher in his organization, who would stamp it and send it on to the ro., (this goes back to i'm not sure who them is ) It has been at least ten weeks since the nod was origanally sent, But at least ten times She kept telling me they are back logged at the ro and just havn't had time to put it in the system. The ro tells me they havn't recieved it. I finally told Her again what the man at the ro told me,that He wanted Me to call my rep and have them fax the nod to him directly. I gave Her his name and number again and told her what I wanted Her to send Him, Including the Imo to support my claim.

I had a great rep when I started my case, but He retired about a year ago, and this office is like a ship without a rutter since. ( A little Navy lingo since I'm now a petty officer) I will give it a couple of days and call the ro again. If it's not there what would you guys suggest I do. I dont think I can blame the ro for any delays as they have tried to guide me through this mess. I feel like I am up that proverbial creek.(little more nave lingo) I am frustrated and really don't know which way to turn.

kkp

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If you tell me what RO I might have the fax number for their director's office.

Then again- a VA employee gave you his Fax number?

Might be best bet to fax it to him and ask him by way of cover letter to confirm he received it in support of the claim.

10 weeks is a long time for an NOD not to show up.

Regardless of whether a Vet rep or NSO sends in a NOD -I never depend on them to send in anything-you can send it to the VA yourself and give the vet rep a copy of it.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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