ptsd Iu Status Chanded

[kkp]

I have an appeal for ptsd that will be two years old in feb. 07. (50%- 70%).

I have a nod on a rt. knee injury, I filed seven months ago.

I filed for IU about six months ago.

I also have a claim for tennitis. meniers, and vertigo prepared and ready to file. ( A strong case documented from service to date.) When asked why I hadn't filed before, It's simple. I never knew I had a case until I filed for ptsd, AND JOINED THIS FORUM where I was encouraged to get a copy of My medical records. They clearly showed I had significant hearing loss while in service. So I have a stack of medicals a 1/2 thick to send with that claim when I file.

I talked to the RO just before the holidays and he said my claim was before the hearing review board but no decision had been made.

I called back today to confirm what I was told prior to the holidays. He told me the same thing.

I told him that every time I had called about my case up to this point, I was told a decision had to be made on th IU before it would be sent to the the appeal board. I ask him what had changed to reverse the process. His reply was that my file could only be at one place at a time, since I only have one file. When I questioned him further, He said thats just the way they were handling my case.

I dont know if this is good news or just news.

Also I don't know if I should file on my hearing now. If they are nearing a decision, a new claim could set it back, or would it.

I could really use some advice on what You guys think is going on with my case, and what I should do regarding the hearing claim.

thant kkp

[Cavman]

New claims did set my appeal back. Thats what a letter to my state Senator stated. The Senator`s office sent me a copy of the V.A. s answer to them questioning the status of my appeal and they wrote they were going to complete my new claims before working on the appeal. I filed the new claims right after I sent in my NOD.

As for the phone call, the story can change every call and sometimes quite drastically.

Cavman

[Pete53]

You might ask your Service Officer to check into it and find out for you. They have access to stuff the telephone people do not.

[Vike17]

1968,

The only "special cases" at VA are claims that would be expedited due to finacial hardship or terminal illness. I don't have any idea where you dreamed this up! There isn't any one at VA intentionally putting someones claim at the "bottom of the stack" just because they filled an additional claim after their first one! Every claim is a prioprity in the sense the VA wants to decide them as fast as possible to chip away at the back log and be able to take a 'end product' code. Your C-file isn't just sitting on someones desk collecting dust. Hell, it's probably in a filing cabinet waiting its turn along with 100's if not 1000's of claims that are probably in front of yours. VA claims development can be very complex depending on the issues at hand. From obtaining verification of a veteran's service from the Service Department if the veteran didn't submit a certified DD 214, waiting to receive SMR's from St. Louis, waiting for an opening with the local VAMC for a C&P exam, or waiting to receive records from various outside sources in accordance with the "Duty to Assist," it's no wonder it can take some time to get a claim resolved; especially when you throw a total of over 400,000 claims into the mix! The VA isn't just waiting for the veteran to kick off so the claim goes with them. The problem wasn't solved by this, while the veteran was waiting there was work being done on the claim. Thus using VA resources to try and resolve the issues.

I don't know why you think it's going to take a total of three years to resolve your claims. Maybe you've submitted some very borderline claims on top of others and keep sending in "evidence" to try and substantiate them, which ultimately keeps drawing the claim out!

Vike 17

Edited January 6, 2007 by Vike17

[Guest rickb54]

Vike 17,

Well stated!

[RockyA1911]

The only "special cases" at VA are claims that would be expedited due to finacial hardship or terminal illness. I don't have any idea where you dreamed this up! There isn't any one at VA intentionally putting someones claim at the "bottom of the stack" just because they filled an additional claim after their first one! Every claim is a prioprity in the sense the VA wants to decide them as fast as possible to chip away at the back log and be able to take a 'end product' code.

There is some merit in what 1968 says and I didn't dream the below statement from the recent Independent VSO budget on critical issues. Go to VA Watchdog.com and read the whole story.

"Recently VA has adopted a tactic of diverting public attention away from the structural claims backlog it holds by demonstrating great speed and efficiency in adjudicating the claims of soldiers and Marines wounded in the current conflicts in Iraq and Afghanistan. While at the same time boasting that it is breaking all records in awarding these new veterans their rightful benefits, VA sits on hundreds of thousands of older claims filed by veterans of prior conflicts and military service. These claims lie dormant, awaiting some future resolution.[/color] We applaud VA’s efforts to help our nation’s new veterans, but we feel dismayed when VA continues to fail our older veterans by allowing the backlog to grow daily. "

My claim has been at the rating boart since June 06. Everything was furnished with my claim, in fact there was no missing DD 214's, SMR's, C&Ps, or any of that. All of those things do not apply to my claim and there was no extra documents under duty to assist. I have been on comp since 1972. I believe what the IVSO Critical Issues stated is true. The VA cannot even give me a estimate as to when my claim will be adjudicated. It will be two years March 07. If they don't do it by then, then I will be definitely going on 3 years for the simplest of claims.

The VA failed to adjudicate and award an open claim back in 1972 of which all mine and the VA's records are and were complete. The RO forgot to add the skull loss that I was examined for with C&P and I had claimed at the same time on the same form for TBI while in active service. They awarded 10% for Post concussion residuals due to TBI and forgot the claim for Skull Loss measuring 4.5 x 4.5cm or larger than a 50-cent piece both inner and outer skull. I even had a recent C&P exam and guess what the skull loss is still there. No kidding, the Navy performed a crainiotomy and surgically removed the skull and cranioplasty was performed. All this was done for the same TBI and is what the VA used to give me 10%.

Since 1972 my claim for the skull loss resulting from military surgery is pending and categorized an open claim since there was never a denial, they just over looked it on the rating evaluation form. So my claim is over 30 years old.

There is absolutely no excuse for this lengthy delay. I do agree that my claim is more than likely not gathering dust on someones desk and is more likely in a file cabinet labeled "Do Not Touch"

Edited January 6, 2007 by RockyA1911

[Vike17]

RockA1911,

If memory serves me correctly, since you have filed you claims, you moved to another region where another regional office has jurisdiction over your case, your claims file was farmed out twice to two different regional offices due to the pending back log at the office of original jurisdiction, and you filed additional claims after your first one (granted the additional claims were, I believe, only two months after the first), it wouldn't be beyond the realm of possibility that your issues could would take longer than normal! Then you put this together that you probably have an open claim since the early 1970's that VA is trying to sort out and substantiate for you and other multiple claims issues trying to be worked with getting the C&P exams all starightened out, I would suspect your claims forlder isn't a piece of cake to go through and produce an instant rating! Just because you 'think' everything possible has been submitted to VA to warrent a rating, doesn't mean there 'is' everything needed to rate your claim. Every claim at VA is unique and is developed accordingly.

Hang tight and you'll get your deserved benefits if all of your evidence support what you're claiming!

Vike 17