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Ramp was a waste of time

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Richard1954

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Ok... so I have been confused by what is going on with my claims,  I opted in to ramp Jul 2018 . The claims were already in an appeals status  and I had already requested de- novo reviews. So they took a claim  that did not even exist in one case (Heart)  and requested  a C&P exam. In another case they decided to ignore the issue and what had been written when I requested an earlier effective date for my TBI rating and then denied the EED.  In another case I asked for a separate rating for my sleep apnea,  ( separate and apart from my asthma/copd) and I requested a step increase in my SMC  from L 1/2 to M, because any rating 50% or more entitles the veteran to addition SMC. When the illegally combine a sleep disorder with Lung disease and then deny the SMC I think this is wrong, in fact the BVA has awarded a few separate ratings for Lung Disease and Sleep Apnea. I understand the special rules regarding Lung disease and that they do not award separate ratings for these conditions. My legal argument is that the VA should not be denying a separate rating for sleep apnea because sleep apnea is a sleep disorder not a lung disease.... Anyway I already knew  that this issues will have to be decided at the BVA or higher.. In fact,  I want this to go to the Court of Appeals, and if denied I will take it outside the system to a federal court. For too long the VA has improperly rated sleep apnea as a lung disease and denied me and possibly thousand of other veterans separate ratings when we have a lung disease. In my case I have Asthma rated 60%, COPD 100% and Sleep Apnea 50%. But because of the rules I get screwed and all three diseases are rated as one, first its not right because it fails to take into consideration how serious and different the 3 separate diseases are, and while Asthma and COPD do overlap, sleep apnea does not . Anyway the va then took my knee issue, and hearing issues and requested new C/P exams. I have already had 4 hearing exams ( one just last September) , and two c&p for me knee issues.. Why they need new C&P exams is beyond me and a waste of time and money.  In a different post I indicated they had my claims at pending a decision, and then they were back at seeking information ..well now I know why... So I now have to appeal these two denials to the BVA, and it has to be done on a special 21-4138 that they supplied and they give  6 different options and I have to select 1 option for all appeals.  So In my case Ramp was a waste of time because all they did was deny the claims again  and I have to send them to the BVA anyways.  ( Maybe they saved me a little time, under de-novo they would have denied them under the old system too) Anyway they are off to the BVA and I have new C&P exams sched for the 22  of Jan for my knee, and then at a different office in a different town on the same day a hearing test. I really think ramp is a crappy system. Also when they wrote the denials, the letter actual reads as if they left some lines out of the decision, over all very confusing. I understood the old system and should have just waited for a decision under that system...  Sorry for the long story..... 

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(PRE BVA) Ramp decisions are an approximate equivalent of the legacy DRO review, which likely also has a 90 percent denial rate.  Of course, Im not real sure if HLR or SCL denial rate is 90 percent..VA isnt posting numbers that Im aware of.  

However, since VARO decision are about 85% denied, that is consistent with a DRO/HLR/SCL denial rate of about 90 percent.  Im pretty sure Alex, at one time, even suggested foregoing the DRO because of such a high denial rate.  

At least that means I have a 10 percent chance of not having to wait 5.9 years for the board to decide.  

And, "NO", Im not angry at Alex.  Frankly, I dont give Alex or others the authority to "make" me mad.  I choose whether or not to be angry, and I dont normally delagate that to someone else, except in really rare cases.  

I have my own thinking process, probably different from most, where I decide who to be mad at or whether or not to hold a grudge.  

Right now, and for the past ten years or more, my "grudge list" consists of "0" people, and I dont intend to add any names to my grudge list anytime soon.  

Alex has helped a lot of Veterans, including myself, and I speak highly of him, even if we dont agree on RAMP.  The 5.9 years in legacy appeals is a deal breaker for me.  I wish Alex success in his endeavors.  I appreciate Alex when he takes the time to offer his opinions on hadit.  His opinions are a real help to many Vets, including me.  However, I dont have to agree with him on everything...certainly my wife and I dont agree on everthing, so its not a suprise that we have some differing opinions on RAMP.  

Edited by broncovet
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2 hours ago, broncovet said:

Well, you get travel pay for travel to Va comp and pen exams,  so you might even make a buck if you have a fuel efficient car.  

That's not the point.... and by the way I never take the travel pay I donate it to the drivers fund at the local DAV

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1 hour ago, broncovet said:

 

For those who chose to wait 5.9 years.., knock yourself out.  

 

You have no Idea how long it will actually be..... in my  case it was 10 years before I got an answer and that was just last year.. All claims are different. I had a claim in 2007 that went to the COVA and a week later I had received a rating.  So anyone can take a guess but that's  all it is a guess.

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You are right..I dont know how long it will take.  5.9 years is not my estimate..its the BVA chairmans "average" during 2018.  I posted the link to the BVA Chairmans report  (where I got the numbers) to congress so you can read it for yourself.  He listed in in "days" and listed each step.  I added up the days and divided by 365.  If you have a better estimate, I would love to hear it.  

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I travel 2 hours one-way for my VA appointments.

The last time, I had an appointment at 7:30 am, and  another at 12:00 noon.  Kind of shoots the whole day.

But, its free, and free is good.

Just sayin,

Hamlice

Got to run over there for an eye exam this month.  Not sure I'll get travel for that.  LOL.

 

 

Edited by Hamslice
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