Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Update Claim With R/o Told Decision Can Take 24 Months

Rate this question


mountain tyme

Question

Update: I went in yesterday to talk to the NEW (no surprise there) Veteran Rep. in our town yesterday to see what I can do to put in for TDIU status...he was not familiar with my case so he went in to his computer to see what he can find out...he told me that my claim was indeed sent out on the 24th to the R/O for a decision...I told him that when I original sent in the NOD that I specifically asked to have a face to face hearing with the R/O but instead they set me up with the C/P...so when I asked him the time line on how long it would take to hear a decision he told me it could take up to a year to 24 months...and if I went ahead and filed for the TDIU it could hold it up for futher review....he then said if the R/O denies my claim and he dosn't see how he could...based on the facts and evidence then I can appeal at the BVA...so that is where I am in the mass confusion of the American Way...My Son is now in Iraq...and I told him to keep a diary and take names!! get address, take picture's...I do not trust in general...esp. when it comes to the record keeping the the AF...enough said...thank you for your time. have a VERy Blessed and Safe New Year.

Link to comment
Share on other sites

  • Answers 11
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Recommended Posts

"he then said if the R/O denies my claim and he dosn't see how he could...based on the facts and evidence then I can appeal at the BVA"

Right but then again- the BVA regs are the same as the VAROs-

that could add considerable more time to the claim.

Did they mention the C & P results in the decision?

Do you have the actual C & P report?

I would have attached the TDIU form right to the NOD -if you have evidence of service connection causing total disability---

."..My Son is now in Iraq...and I told him to keep a diary and take names!! get address, take picture's...I do not trust in general...esp. when it comes to the record keeping the the AF...enough said...thank you for your time. "

That is EXCELLENT ADVISE!

Keep all the letters (and emails) he sends home too and when he comes home encourage him to keep in touch with his buddies. You never know when he might need a buddy statement.

Hello Berta,

I had put in a NOD the first week in Sept. 06 within one week I received a call from my VA Rep asking if I could go in for a C and P exam that week...for a pysch exam in which I did.....at the exam the doctor allowed my husband to stay with me during the exam...it was very stressful and I don't recall everything that was said...but my husband told me that the doctor said he was going to rate me low due to the situlation and also concurred with my PSTD diagnois that was performed by a Certified doctor who also does the rating for the state I live in for SSD...and axis one was PTSD and axis two was Server depression and there were 3 other axis if I recall and he rated me a 37 I believe it wasn't any higher then that...

I am going to try to go up to the VA hospital (which is 2 1/2 hour drive) to ask if they can give me a copy of the C and P exam...it may shed some light on what the R/O is looking at...and then I can let my counclor that I see monthly take a look at it and see what she thinks...

This has been hard on me...no one wants to be labled or disabled as far as that goes....if I could have changed one thing in my past it would be that I checked to make sure that door was locked before I turned off the lights...that was 26 years ago...and no locks can keep out the demons in my dreams...so now I pace waiting for someone a complete stranger to decide a part of my future...but I figure...what the heck I can't fret over what I can not change...but I have educated my Son in not taking someone word...but to be smart and not gulliable...I think that is all anyone can do is educate our future through our children.

I am going to file for the Tidu on tues of next week that is when that rep. will be in town again...

thanks for all your help...

will keep you posted...

Link to comment
Share on other sites

  • HadIt.com Elder

Mountain

Send your TDIU form to the VA and a copy to the VSO. You want to make sure the VA gets it. You could call the VAMC first to see if they have the copy of your C&P on file yet before you make the trip.

Link to comment
Share on other sites

You might want to call your RO to find out if they have recieved the C&P report yet. Then request the whole C-file. That way you you'll have all the information the Rater will have. It's a good way to make sure they don't miss something and to know if you need to add to your evidence.

As for IU, I agree with the others. File for it. Your claim seems to be in the earlier stages and an IU claim won't slow it down enough to give up an earlier effective date. My opinion.

Unfortunatley, a timeline for a decision is a guess at best. It's fair to say it won't be quick.

Time

Link to comment
Share on other sites

  • HadIt.com Elder

most PTSD C&P's require a release from the VARO so going to the hospital and requesting it is a waste of time and if you are a 2 1/2 hour drive then you will just be wasting 5 hours and then be pizzed off to boot, I would send the VARO a request for a copy of the C&P and most likely they will not release it until after they make the decision on your claim anyway,,,,,,,any other type of C&P you can still get at the hospital the mental C&P's they make you sign the release sheet and then the VARO has to authorize it save the drive

100% SC P&T PTSD 100% CAD 10% Hypertension and A&A = SMC L, SSD
a disabled American veteran certified lol
"A journey of a thousand miles must begin with a single step."

Link to comment
Share on other sites

With VA, the doc that writes your mental health progress notes or whatever they've written, usually is the one who has to provide authorization for you to get a copy.

jmho,

carlie

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
    • Sparklinger earned a badge
      First Post
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use