ptsd Pending Disabilities E-Benefits

[CaliBay]

Hello Hadit Community,

I have been watching E-Benefits like a hawk for the last month waiting for some movement on my DRO Appeal, which was submitted on April 2016.  I always check "Disabilities" on my dashboard and see if my rating has gone up or down and it shows the percentage (50%) "Rated Disabilities" with each condition that is service connected (PTSD) below it and also conditions that were denied deemed not service connected.  So below Rated Disabilities is "Pending Disabilities" and it shows the date I appealed (04/2016), the condition, and NEW right next to it.  There are about 10 conditions I am appealing.

Yesterday, I checked E-Benefits and Pending Disabilities has no data to display.  Would anyone have any insight to why this may have occurred.  Could someone finally be reviewing my appeal, decided my appeal, or approved/denied my appeal?

So I did check the whole site under Historical Claims, Documents and Records to generate a benefit letter, and checked the claim and appeal status.  Also I have my bank set up to e-mail me for any deposits.  Any insight based on your experiences is welcomed, I appreciate it.

 

CaliBay

 

[Andyman73]

CaliBay,

First off, checking ebennies will drive you insane, if you do it too often...try once a week, like every Monday.  Ebenefits is notorious for inaccuracies and slowness.  Many on here will tell you that they have seen some pretty crazy things on their own ebennies accounts.

And welcome to Hadit!!!

 

[Gastone]

Cali, your eyes are going to cross, checking Eben regarding updates to a NOD DRO (?review-Hearing?) filed what 61/2 mos ago. What are you expecting time wise? Did you provide Evidence for a Hardship Hearing or Review?

No Hardship bump = about 18 mos on DRO Review Decision or 3 -4 yrs on a DRO Hearing Date, with about another 6 to 9 mos for the Decision. Do your Appeals research and try to be realistic in you expectations. Would probably take a lot of you anxiety off the table.

At your current 50% SC, an IU Claim would be administratively Denied, you don't have the Statutory combined SC numbers for filing IU.

Semper Fi

[CaliBay]

42 minutes ago, Gastone said:

Cali, your eyes are going to cross, checking Eben regarding updates to a NOD DRO (?review-Hearing?) filed what 61/2 mos ago. What are you expecting time wise? Did you provide Evidence for a Hardship Hearing or Review?

No Hardship bump = about 18 mos on DRO Review Decision or 3 -4 yrs on a DRO Hearing Date, with about another 6 to 9 mos for the Decision. Do your Appeals research and try to be realistic in you expectations. Would probably take a lot of you anxiety off the table.

At your current 50% SC, an IU Claim would be administratively Denied, you don't have the Statutory combined SC numbers for filing IU.

Semper Fi

Thanks Gastone and Andy for the input.  I already think my eyes are crossing, I check at least twice a day.  I'm currently off work so I need to do something instead of that.  My claim at the notorious Oakland took only 4 months for them to deny which I believe is very expeditious.  I was hoping the appeal wouldn't take the normal 12-18 month timeline.  And Gastone, it has been 8 months :-).  Now I have researched 100% PTSD, is it possible to work with that?  I have researched this topic multiple times and I cannot find a definitive answer.

My appeal was for an increase for PTSD from 50% to 100%.  Also I am appealing sleep apnea for 50%.  This would make me eligible for TDIU right, which was requested in the appeal as well.  No hardship filed.  The NOD DRO appeal is for a De Novo review and a request for an informal hearing. Not sure if the informal hearing will increase the necessary wait.  I finally have gone to my VA and they have two PTSD related groups I plan on attending.  One is a support group and the other is a therapy group.

 

CaliBay

 

[Andyman73]

Calibay,

By the nature of PTSD that grants you a single 100%, the symptoms would make it near impossible to work, which is why the PTSD was granted(hypothetically speaking) at 100%.  Now if you get 100% extra schedular(?) which is to say your total combined SCDs adds up to 100%, then work is possible.  Gastone will have a better answer for you, but I think I got inside the ballpark.

[Gastone]

Cal, might just be me but I think your really off, thinking your going to get a PTSD SC 50% increased to 100%. I'd really like to see your redacted C & P PTSD DBQ, would be very helpful.

You may or may-not be a 70%, can't tell really, without looking at the DBQ.

DRO De Novo (fresh eyes) review is an automatic, as long as the mandatory submission of the New & Material Evidence Requirement is met. Has the N & M Evid requirement been met?

From your above post, I still don't know if your requested a DRO Review (you don't get a face to face with the DRO), or an actual DRO Hearing (you and your Rep set across from the DRO) where you present your case. All DRO Hearings are initially Formal (Recorded & Transcribed), unless you request at the beginning of the Hearing, that it be an Informal Evidence Discussion (no recording & transcription).

Let's say what I think is wrong, you get a DRO Award of PTSD Rated as Scheduler 100%. Technically, you could have earned income in any amount (Skys the Limit), even exceeding the VA SGI of $12,400 per year because your not Rated IU.

VA Yearly Earned Income 21-2140 reporting is only required with IU, not 100% SC Scheduler. 100% Scheduler Vets are not required to provide yearly earned income information to the VA.

Semper Fi

 

[CaliBay]

Hello Gastone and anyone else,

My lawyer stated this looks like 70% with some TDIU.  Let me know what you think.

 

CaliBay