Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    273%
    $4,108.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0

Question

so my claim was submitted on 12/12/2016.

I submitted for bipolar/depression (reopen) and tinnitus (new). I sent it in as an FDC with all my evidence.

I checked ebenefits on 12/21/2016 and the status is already showing preparation for decision.

Is this normal? I haven't even gone to a c&p exam, I haven't recieved any correspondences or anything.

For the bipolar depression it is a reopen because when i first filed in 2011, I missed my appointment.

After I missed my appointment, the VA sent me papers (back in 2011) saying that they see that i was treated for depression during active duty. but since i failed to show up to the appointment, it was denied.

So now i've sent a ton of new evidence that supports my claim and they've reopened the case. But does the speed with which this is progressing means that i am being denied?

As noted below, ebennies is showing that the va rep has already made a decision, in less than two weeks. With no exams or anything... What does this mean... Is this normal? have i been denied? Is there a phone number i can call?? im freaking out.

Here's what ebenefits show:

Estimated Completion: 01/24/2017 - 03/04/2017

 

STATUS: Preparation For Decision

The Veterans Service Representative has recommended a decision, and is preparing required documents detailing that decision. If more evidence is required, the claim will be sent back in the process for more information or evidence

Link to post
Share on other sites
  • Answers 20
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Popular Posts

No C and P exam is requred if, in the judgement of the AOJ, there is sufficient evidence to award (or deny).  Not everyone who gets benefits got a c and p exam.  

Have you ever had a VA Forensic PTSD C & P Exam? MH Records, Private Pscyc or Psychologist PhD or VMC MH Dr, are insufficient to make a  current PTSD Decision & Rating. Look forward to th

Broken VA changed the whole PTSD SC Deal a few years ago, about the same time the DSM V replaced the DSM IV. PTSD is the only MH condition that requires a VA Forensic C & P Exam by a VA or QT

Recommended Posts

  • 0

Ok you had in service mental health treatment well that is huge and will greatly increase you chances of gettting service connected.  So all we need to do is to get you to an exam and you should be good to go.

Doesn't matter if you sent it as a original claim if it was previously denied then it will be changed to reopen.

So this is what I would do if it was my claim.  You mh treatment in the service, you were deployed to a combat zone I'm assuming SWA.  Do you have any combat badges or campaign medals?

So to get past this reopen BS and just in case whoever is working on your claim is a jerk decides not to order your exam, I would file a new claim for PTSD.  Because a claim for PTSD is a clam for all MH conditions and its new there is no need for N&M evidence.  All you would do is go to an exam get a diagnosis and a positive direct medical opinion in your favor  related to your MH treatment in the service and you're SC. 

Where was this Audio exam done at VAMC?  The Audio exam you should get no problem.  So that leads me to think that it was accidentally sent to rating or the system can sometimes accidentally kick it to rating.  No most likely not that they would just grant service connection based on what you sent.  When you're initially trying to establish SC you can send in DBQs and medical opinions but the issue is that whoever is doing the DBQs needs access to your electronic claim file.  So when establishing SC majority of the time you will see a VA examiner or contractor.  After that if you're trying to do increases by all means send in a fully completed DBQ.  

 

 

Link to post
Share on other sites

  • 0

I applied FDC on 10/14/16 and on 10/24/16 went to Preparation for Decision with no C&P exam. I submitted private medical records, VA medical records, DBQ, service treatment records, and buddy letters. It is has been in prep for decision since 10/24/16 and the estimated completion date has been pushed back about 3 times. It also skipped gathering and review of evidence so I am guessing they went through all my paperwork in about a week and sent it to prep for decision.

I am concerned since no C&P exam. When I applied for tinnitus, was given a C&P exam and awarded 10%. From what I understand, tinnitus and anything hearing related requires a C&P exam.

Link to post
Share on other sites
  • 0

After 3 months in Preparation for Decision my claim just went back to Gathering of Evidence and under Needed from Others it states, "Request 1 <VA MEDICAL FACILITY> due date 02/17/2017." Does this mean that a C&P is being scheduled? Just wondering since I never had a C&P and my claim went straight to Preparation for Decision in October. Thank you.

Link to post
Share on other sites
  • 0

Mine had the same "Request 1 <VA MEDICAL FACILITY> for about a month. It showed a due date of January 13, 2017. Then suddenly on January 13, 2017 the eBenefits site updated and said that they received it on December 29, 2016. So there was definitely some lapse in reporting there. I had three C&Ps and no documentation from the VA -- all my physician information was from private doctors.

Today mine moved from 'Preparation for Decision' to 'Pending Decision Approval'. My completion date was also moved up too. Hope that helps a little bit in trying to figure out a timeline and possible decision.

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Similar Content

    • By Lolo Square Pants
      Request to Reinstallation for Sleep Apnea and Low back condition claims

       


      Back in January 2021, I received via mail a CD containing information to be used before the Board of Veteran Affairs for the MDD condition. I discovered VFW submitted a document on Jul/2011 where he withdraws the claims for Sleep Apnea and Low Back condition. This was the first time I learned about this document.
      For the claim of Sleep Apnea, I hand-delivered favorable IMO to the Hearing officer in 2010 and at the time they had also an IMO for the Low Back Condition(2008) along with a full medical report from the same doctor.

      After reviewing the CD and my paperwork, I asked the VA via phone on Feb/2021 about communications between July and September 2011. The VA representative emailed me a document dated 8/1/2011(attached) with multiple issues on it and an indication of; “We also withdrew all other issues on appeal as per your Veterans of Foreign Veterans letter dated and received July 2011".

      I kept working on the claims throughout the years; these were done in two different RO and to all effects VA indicated that they were working on these claims as presented in their communications on Feb/2012 and Jun/2012.

      Interestingly, for the latter communications, VA does not indicate a withdrawal of appeals nor that my claim is “reopened”. Finally, on Apr/2013, VA use different wording like “denied the reopening” since “Evidence no show event, Evidence not new. Claim not reopened. Not Substantive”. While still, VA did not evaluate IMO on the record.

      Out of frustration, I did not further pursue these claims; until I received the CD in January 2021, and realize that my claims for Sleep Apnea and Low back claims were withdrawn without my consent in 2011.

      Significantly, the VFW letter offers a conditional appeal, where indicates: (1) “As longer his appeals for increase in the other conditions…”, (2) “He would be satisfied with the decision made,” (3) “This withdraw does not mean…” Additionally, there’s an undated additional handwritten note in the printed proposal that indicated another “conversation” with the veteran.

      As I learned under Warren v. McDonald, docket no. 15-0641 (Sep 14, 2016) it is, held: An appellant or his/her representative may withdraw an appeal, but unless the withdrawal is on the record at, it must be in writing. A withdrawal “is only effective where withdrawal is explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant.”

      I tried to get a hold of the VFW trough 12 emails (for 2 months) and multiples calls without success. I did change the VSO. Also, I wrote a letter detailing the events to the VA. Now the VA wants the request in a Form (20-0995). This form explicitly indicates that is to be used for “New and relevant evidence to submit for VA to consider”.

      I request that my claims of Sleep Apnea (2008) and Low back(2005) be reinstated at their original claim date since they were worked continuously since their inception and there was evidence that were not evaluated. As today My sleep apnea is worse indicated in a VA Study in 2019 and had Spinal Fusion in Kentucky (2015).


       
      I appreciate any help you can provide.


       
    • By Confusedvet1
      Hello,
      Years ago I filed a claim for a scar from surgery while in service. They granted the scar at 0% . I appealed it saying it was painful and should be rated at 10%. RO denied it so it went to the BVA who remanded it back to RO because the original exam wasn't proper and the VA didn't review records it had that were pertinent to claim. The BVA remand instructions were to review specific records and do a new exam.
      I had a new exam and later received a letter from RO saying they granted me 10% but the effective date was the date of new exam. They said that is the first diagnosis of scar pain even though my records going back years show me complaining of pain which is why I suspect BVA told them to review those records. The RO decision letter stated the only used the new exam as evidence for their decision.
      So it went back to the BVA and it seems they made a decision. I'm waiting on the letter but website said they granted my claim and also denied it? 
       
      Any ideas on how this is possible?
       
      I'm hoping it's a grant for earlier effective date and denial of an increase in excess of 10%? Anyone have any ideas on what they would grant and deny same claim?
    • By SPO
      I'm looking at a copy of my last c&p exams for arthritis.  I was denied for no diagnosis, which is an issue I am appealing because I have more than one.  However, the examiner checked the block "Pain noted on exam but does not result in / cause functional loss" for many of my joints with varying Ranges of motions( such as flexion or exetension).  Would this qualify as the objective evidence of pain for the painful motion rule?
    • By paoret82655
      I applied for 100% unemployability on my own after my VSO did nothing to help with the process back in February 2021. I received my decision this month stating that I was denied and was also reduced from 70% to 50% for PTSD and depression. They removed anxiety and alcohol use. When I was asked questions during my C&P they kept asking me what happened within the last year, not what happened since the date of injury, which was 2013. I'm not sure how to approach this issue any further. I want to appeal but I want my entire case looked at because I feel that I've been unjustly reviewed. What should I do for 100% UI?
    • By ASU_0331
      I remember other QTC exams being uploaded to Blue Button, but cannot remember where they are located in the reports.  Does anyone have any info on where they are located within the medical record available on Blue Button?
  • Ads

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 16 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Like
      • 53 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
        • Like
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
      • 18 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines