Jump to content
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 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
     
  • Ads

  • 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
Sign in to follow this  
Spink88

"Secondary action required" "Stage 1 Development" What does it all mean?

Question

Hi all,

I was hoping someone more in the know than I am could possibly help me understand what is going on with my claim. 

I filed for an increase back in June of last year, after my migraines a mental health issues really took a dive for the worse. Around the middle of March, I was awarded a "patrial decision" and an initial increase, and my migraines capped out at 50%. The VA also started an inferred TDIU claim. I submitted my 21-4192 from the only full time empoloyer I've had in the last six years, as well as the 21-8940. 

The claim, after adding the IU claim, then had an estimated completion date of December... then January... March... May... June... and now late December.

 

There are seven requests in the "needed from you section." Request 2 was for medical evidence, which now says "<VA Medical Facility>". That request was initially for medical records, which they then said were no longer needed after being informed that all of my care had been at the VA. When I called the 800 number, all they could say was that it was now a request for an appointment.

Request 5 says "Secondary Action Required," but has no info on what it is. The person I spoke to at the 800 number wa sunable to tell me what the request was actually for.

Request 6 says "Stage 1 Development," but other than that status is the same story as request 5... no info from the 800 number.

 

Request 7 is interesting. It says "Exam Request - Processing." It was opened, and closed, on March 26th, according to the person who spoke on the 800 number. He could not give me any information other than that. I had C&P exams for all of my claims back in July, which prompted increases for my migraines and PTSD ratings. I don't know if already having C&P exams available so recently would have impacted a new exam request.

 

 

Any help is really appreciated. I don't fault the people I've talked to at the 800 number. They were extremely patient and friendly, they just weren't able to look and see what was going on with all of this. I'm just at my wits end after seeing my claim date jump literally over a year, and I just want some idea about what all of this means.

Share this post


Link to post
Share on other sites

3 answers to this question

Recommended Posts

  • 0

The short answer is that you can not rely upon ebenefits or the 800 number.   I simply suggest you not worry about "rating specialist" terms such as "stage 1 development", unless you plan on going to work for VA.  

Instead, focus on the basics.  Do you have your current cfile?  If not, you should order it.  To get an increase, you need to show that your symptoms worsened since the c and p exam which awarded them the first time.  

If you are seeking an increase for mental health issues, then compare your symptoms which are documented with the criteria.  While I wont be reposting the criteria for mental health disorders, I can tell you that it revolves around your degree of "occutpational and social impairment".  

I am somewhat "troubled" with your increase taking since June, however.  But..it kinda sounds like they forgot about you for 6 months or so, and now your claim is moving forward.  

What do you mean by a "partial" decision?  Each issue should be denied, awarded, or deferred.  If the VA does not address an issue "at all" in your decision it normally means its "deemed denied" and the appeal period begins to run.  However, some new case law says that the Veteran needs to know that his deemed denial was denied...which makes zero sense.  How would you know it was denied, if Va does not address the issue??

Share this post


Link to post
Share on other sites
  • 0
2 hours ago, broncovet said:

The short answer is that you can not rely upon ebenefits or the 800 number.   I simply suggest you not worry about "rating specialist" terms such as "stage 1 development", unless you plan on going to work for VA.  

Instead, focus on the basics.  Do you have your current cfile?  If not, you should order it.  To get an increase, you need to show that your symptoms worsened since the c and p exam which awarded them the first time.  

If you are seeking an increase for mental health issues, then compare your symptoms which are documented with the criteria.  While I wont be reposting the criteria for mental health disorders, I can tell you that it revolves around your degree of "occutpational and social impairment".  

I am somewhat "troubled" with your increase taking since June, however.  But..it kinda sounds like they forgot about you for 6 months or so, and now your claim is moving forward.  

What do you mean by a "partial" decision?  Each issue should be denied, awarded, or deferred.  If the VA does not address an issue "at all" in your decision it normally means its "deemed denied" and the appeal period begins to run.  However, some new case law says that the Veteran needs to know that his deemed denial was denied...which makes zero sense.  How would you know it was denied, if Va does not address the issue??

Thanks for replying.

 

I submitted a claim for an increase for migraines, and an increase for PTSD + depression. They approved and awarded increases to both, complete with the big envelope, but kept the claim open. Nothing had been denied. I called the VA after I saw that my percentages had gone up, and Peggy said that it was a "partial decision" because they had initiated an inferred TDIU. How it was explained to me was that they had approved, and immediately awarded, increases for those claims but that they wanted to keep the claim open because the TDIU claim had only just been added.

Share this post


Link to post
Share on other sites
  • 0
6 hours ago, Spink88 said:

Thanks for replying.

 

I submitted a claim for an increase for migraines, and an increase for PTSD + depression. They approved and awarded increases to both, complete with the big envelope, but kept the claim open. Nothing had been denied. I called the VA after I saw that my percentages had gone up, and Peggy said that it was a "partial decision" because they had initiated an inferred TDIU. How it was explained to me was that they had approved, and immediately awarded, increases for those claims but that they wanted to keep the claim open because the TDIU claim had only just been added.

In this case you are in a waiting game.  The VA will take their time and get back to you only when they are ready.

Share this post


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.

Sign in to follow this  

  • Our picks

    • My claim went back to gathering of evidence after I had my second c&p exam for tbi initial. My vso the Dav said it was a dbq to differentiate the symptoms of tbi and PTSD as far as social and occupational impairment. I recieved at least as likely as not on all exams, PTSD, both tbi exams. Has anyone experienced this or know what it means? Is this a good sign my claim will be granted ? Thank you.
      • 20 replies
    • VA Claims requires a lot of note taking - What  I use for note taking
      Trouble Remembering? This helped me.

      I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

      Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.
      • 1 reply
    • Do I have to quit my job?
      Hello everyone. See Below for what I received from VA

       

      A little about me currently. I have a job that is very low stress (work nights no people no stress) very secure because I work in a mountain so im surrounded by granite. I work on computers so it engages my mind and keeps me as active as possible and is my passion. So my question is do I have to quit my job? Thanks!

       

      June 23, 1999 June 30, 2019

      VA Benefit InformationSummary of benefit informationYou have one or more service-connected disabilities:Yes         Your combined service-connected evaluation is:100%               You are considered to be totally and permanently disabled due solely to your service-connected disabilities:Yes           The effective date of when you became totally and permanently disabled due to your service-connected disabilities:July 01, 2019

      major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS


                         100%


                               Service Connected



       

      SMC-S1

      Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS rated 100 percent and additional service-connected disabilities of migraine including migraine variants, tinnitus, independently ratable at 60 percent or more from 07/01/2019.

      SMC-K1

      Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS rated 100 percent and additional service-connected disabilities of migraine including migraine variants, tinnitus, independently ratable at 60 percent or more from 07/01/2019.

       

      Thanks all!

       
      • 61 replies
    • Progress Notes on C&P Exam
      Hey guys, 

           I don't know if I'm in the right place but i was needing some clarification. After fighting with the military for six years, the C&P examiner stated that my condition precludes me from any physical occupation. 

      I developed asthma back in 2012, while in service. Is that typical wording for pretty much everyone? I guess my English isn't that great and i would like someone to please explain to me what that entails? The examiner 

      also stated that there is a 50% chance or greater that my injury was incurred in the line of duty, does that mean that they service connected me? 

       

      thank you for responding. 
      • 25 replies
    • I have a 8 year appeal that was granted in May 2019. Entitlement to service connection for acquired psychiatric disorder, to include  post traumatic stress disorders and depression, is granted.

      I live in Missouri, but it looks like the San Diego RO has been tasked with assigning the rating. I am already SC for 10,10,and 10 for shin splints and tinnitus which adds up to 30%. I was trying to determine what would my rating be and timeframe backpay would be paid.

      My symptoms include : nonetheless the examiner opined that is not to say that his issues with pain and tinnitus have not exacerbated mental health symptoms. In this regard the examiner opined that the veterans chronic pain and tinnitus contribute to several depressive symptoms, including depressed mood, sleep impairment, irritability, diminished concentration and interest in activities, relationship problems, and outburst of anger.

      As such the examiner concluded both his tinnitus and issues with chronic pain (not simply limited to shin splints) Are judged to have aggravated and contributed to multiple mental health symptoms. Therefore the examiner concluded that “it is at least as likely as not” that the diagnosis of bilateral shinsplints and tinnitus has  aggravated depressive and overlapping PTSD symptoms beyond their natural course. My diagnosis includes Anxiety disorders too. 

      My grant is secondary to existing disabilities.

      There is a Remand for Inextricably intertwined with the grant of service connection for an acquired psychiatric disorder, granted in the boards decision herein, because it may be affected by the assignment of the disability rating and effective date for the grant of service connection. Once the disability rating and affective date for the grant of service connection for an acquired psychiatric disorder has been assigned, and after completing any other development deem necessary, readjudicate the claim of entitlement to TDIU are you in light of all pertinent Evidence  and legal authority.

      I am not sure but I hope my rating and backpay would be issued before they decide in another possible year for TDIU?

      I am also one of the ones who constantly check Benny’s for a rate change or any updates, but it is the same since May 23rd 2019. Has anyone received a deposit before benny’s Update. Since the new process has been implemented?

       
      • 14 replies
  • Ads

  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines