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Yesterday my claim moved to Prep for decision, this was a week after my latest C&P, I was feeling optimistic that the estimated completion date of 9/4 was reasonable. Today it moved back to review of evidence and my date oushed to 9/14. This is a claim with 1 increase, 2 new, 2 secondary. I filed my claim 9/24/18 it seems like a long time for a claim.
Anyway, my question is: have any of you had the claim move from "prep for Decision" only to regress to review of evidence? If so, what was the timeline like?
Hello, I checked ebenefits and it said I received a GRANT from the CAVC for increased rating "anklyosis of the shoulder." I had appealed for depression and anxiety as well and they were not addressed on ebenefits so I am guessing it is still on remand at the BVA level. Ebenefits also stated that my remand would take 16-24 months. I am currently 60% with 10 for tinnitus, 20 for ankle, 20 for shoulder, 20 for shoulder radicupathy, 10 for knee. What does all this mean? if I am not providing the information needed for input I am happy to do that but at this time I dont know what else to provide you guys.
I made the first post under the AMA forum about my 1st Claim under the AMA process.
I put it up to track the dates and times things took
I filed that post May 8 2019 the same day I filed the claim
On May 17 I was emailed that VES was looking for a Doctor.
on May 20th I found out my C&P was on May 24th
On May 29th VA.GOV said estimated completion date was Oct 22, two days later it went to Oct 23rd.
The next week VA posted they had sent a Request for Clarification.
No change until this morning at 4 a.m. PST. The status went to Preparing for notification with a completion date of 17 June.
Since I am OCD and have taken the good advice not to obsess over what Ebennies and now VA.GOV says about estimated completion dates.
I limit myself to checking it once in the morning, usually around 4 a.m. and once around 8 p.m.
So that is what makes this a little funny. Last night at 8 p.m. the status was still Oct 23rd, but by 4 a.m. PST it changed to June 17th.
It appears someone was working overtime or literally waited to Saturday morning to flip that date switch.
I don't know for sure.
So now the wait begins.
What I know for sure is the Dr. was a idiot and not qualified in Urology or anything else I am rated for. He is only licensed as a General Practioneer
I posted his weak credentials elsewhere. basically he has never practiced medicine, He just does C&P's and probably insurance evals.
I suspect I will be filing a NOD.
I do know that since the change on VA.GOV I am sure the RO has the DBQ, so I will go down and see if I can get that one and the other three I need.
That alone is logistical chore but I will figure that out. The wheel chair and all the hills near the VARO make getting there a bit much.
I will post again when the date changes and see if I start my wait for the BBE or if they bounce it back again.
Interesting little blip I discovered today and am wondering if anyone else has seen these same things under the AMA process.
I just applied for a rating for Voiding Dysfunction as the VA said I had a possible claim when they granted my ED claim.
The whole C&P was a joke and I suspect I will have to appeal based on the fact the Dr was not qualified among other reasons.
However, the blip is that today I went to VA.gov to check the status. I do this to track how many days it takes to get to each stage.
In the file today I noticed it had two closed requests so I went looking around. Both requests are marked closed
Exam Request - Request for Clarification ---Now who they sent this too and if it means the VA has the C&P is up in the air. I will call peggy on monday to find out.
No longer needed Request 1
Exam Request - Processing
No longer needed -------------------- One the files tab under additional evidence was this line
Type: VA 21-4192 Request for Employment Information in Connection with Claim for Disability
Now the blip is that I own my own company, and nowhere in the claim application, C&P, or my VA files is the name and address of my company. Nowhere is there a reference to the fact that I own a company. This is intentional on my part. The Dr who did this C&P did not ask who I worked for or what type of work I did. He only asked how my BPH was service connected and how having to pee a lot impacted my work.
I have not received that request form and of course the VA does not show dates sent.
But VA.gov does show that 2 requests were made and both were closed on May 15th and 17th respectively.
I am 100% P&T and generally work at my office or home.
In none of my claims has there ever been a letter from the VA asking about my employment and I don't remember ever seeing that Form Name or Number on any of my previous claims in Ebenefits. I searched my existing C-File copy and that form is not in there at all.
I am wondering if this is a new thing under AMA and who they sent that form too. It is aimed at an Employer not at the SSA.
I am also wondering if I will be able to get the form and who they sent it too from the VARO office when I go get the C&P once I know it has been brought into the VA system.
There is also this under additional evidence
Type: VA 21-8940 Veterans Application for Increased Compensation Based on Unemployability
I did not file an IU request. I am 100% already. IU would be moot. I searched my C-File for this one too and that form has never been recorded into the C-file.
I don't know if the presence of these files is some automatic thing under AMA. I will have to look and see if they are just new form names and numbers under AMA, but either way they were never sent to me or filled out by me in any of my claims.
This is posted just as information and to put a clock on the claim since the AMA process that started Feb 19, 2019. I don't believe AMA will affect this claim.
I am also posting this so when I do get a decision I can come back here and review my thinking and rationalizations that I will list below. sorry it is so long.
As a note anyone with an ED award secondary to PTSD, and who has any type of leaking, might consider a claim for Voiding Dysfunction or other related Genitourinary problem.
I filed this claim today, May 8, 2019.
This claim is a Secondary Claim suggested by an existing SC award for PTSD.
In a 2018 Award for SMC (K), ED secondary to ptsd, I was notified of another potential claim for Voiding Dysfunction.
I filed an Intent to File in 2018.
This was all under the Legacy system, not RAMP.
Things I don't know about Claims processing since AMA went into effect:
1) I don't know how this claim will process since AMA seems to deal mainly with Appeals instead of a new claim filing or secondary claim filing.
2) I don't know if this will go into the national queue or be done directly by my local RO, which is Seattle.
3) I don't know for sure how the VA will view this claim, meaning will I need a C&P, since they suggested the claim and I submitted a very detailed Statement in Support of Claim form vba-21-4138-are. I know that some consider this the most useless form in the VA library, but since I want to test the process in their suggested way I will use this form. I used the DBQ criteria and Rating criteria to write the factual information for the claim. I was truthful and exact as possible.
4) To upload that vba-21-4138-are, I had to select Buddy/Lay statement as the type of document.
5) I uploaded the Award letter that contained the recommendation to file for Voiding Dysfunction.
6) Voiding Dysfunction did not exist in the category of Secondary claim I had to select from so I chose genitourinary as that is the broadest related category they showed me related to this condition and the ratings table for genitourinary contains Voiding dysfunction ratings.
I am going to guess, and this is probably really just wishful thinking, that this will be a rocket docket process for this claim.
I think that because I am already SC for a known related condition that this is claimed secondary too. The VA has lots of medical literature connecting the two.
I think since they suggested it as part of their Duty to Assist/Notify, that will ease the processing/decision time
I think giving a detailed State. in Sup. of Claim (vba-21-4138-are) using the information from the Rating Table and DBQ, they may not even need a C&P. This is because in my case, my Primary Care Doc has ordered appropriate pads for me. I have a diagnosis of BPH. I am awarded SMC (K) for ED as a secondary, and I am 100% SC for PTSD.
I explicitly stated pad usage, urinary frequency for day and night times and the effect it has on my life. All of which are part of the Rating Table and DBQ.
I think I will get rated at the max, 60% but there is a path that puts it as SMC (K) and I think (but am not sure) that we can get multiple SMC (K) awards but I don't know if they will just 0% it and award SMC (K) or rate it at 20, 40 or 60 and award SMC (K) or bump me to SMC (S) which I have found is met with a single 100% coupled to a 60% rating (even combined I believe). Either way, if an award is granted I end up with more money each month. The third rating outcome would be 0% SC without SMC (K) or (s) and that would be depressing.
I am also wondering if @Tbird will consider creating a user-contributed database of Secondary Conditions Connections. It could be a very helpful resource and would be a unique resource for Veterans trying to figure out what their conditions might extend too if the medical facts concur. The SEO value would be huge if done right. Veterans are searching the internet for SC conditions every single day by the thousands.
I don't now who hosts Hadit, but they should have a free SQL database engine and interface available and the design is literally the most basic. For example the user Selects from a list, I am Rated X%, then selects for Y condition from another list, and Secondary to that I am rated Z. This last could be a combo of user input and list. The ability to input could easily be condition on membership, free or paid or allow both.
Indexing the Y condition would allow displaying the listed secondaries reported by the users and even could say when they were input into the datebase to give a time reference. Indexing the Secondaries would display possible primary conditions to associate to.
The search could be that the user selects " I am primary for Y what are possible secondaries." The other search is "I have Z what is it secondary too." Only two public searches (queries) needed. 3 basic public tables (4 of date included in database is shown). Output would be a simple HTML list.
If anyone else thinks that DB would be helpful please chime in.
I will update this as I find things out. That advent of the AMA and cancellation of RAMP changes things in ways we just don't know yet.
Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
Vync posted an answer to a question,I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:
2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis
2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.
"...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.
First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date.
If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues.
I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.
It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.
Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.
Does this help?
Buck52 posted an answer to a question,Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.
The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.
Picked By66 bricks,
JKWilliamsSr posted a question in VA Disability Compensation Benefits Claims Research Forum,A couple months back before I received my decision I started preparing for the appeal I knew I would be filing. That is how little faith I had in the VA caring about we the veteran.
One of the things I did is I went through the entire M21-1 and documented every CAVC precedent case that the VA cited. I did this because I wanted to see what the rater was seeing. I could not understand for the life of me why so many obviously bad decisions were being handed down. I think the bottom line is that the wrong type of people are hired as raters. I think raters should have some kind of legal background. They do not need to be lawyers but I think paralegals would be a good idea.
There have been more than 3500 precedent setting decisions from the CAVC since 1989. Now we need to concede that all of them are not favorable to the veteran but I have learned that in a lot of cases even though the veteran lost a case it some rules were established that assisted other veterans.
The document I created has about 200 or so decisions cited in the M21-1. Considering the fact that there are more than 3500 precedent cases out there I think it is safe to assume the VA purposely left out decisions that would make it almost impossible to deny veteran claims. Case in point. I know of 14 precedent setting decisions that state the VA cannot ignore or give no weight to outside doctors without providing valid medical reasons as to why. Most of these decision are not cited by the M21.
It is important that we do our due diligence to make sure we do not get screwed. I think the M21-1 is incomplete because there is too much information we veterans are finding on our own to get the benefits we deserve
M21-1 Precedent setting decisions .docx