Pending HLR, Pending Supp Claim, Closed Supp Claim. Should I call or file IRIS

[JKWilliamsSr]

I am trying to decide if I should call the white house line of file an IRIS claim myself.   I am leaning towards filing the IRIS claim because my understanding is that is what happens when you call the white house line anyway.  So here are where my claims stand.

1.  In September my supplemental for Sleep Apnea and 1 other was closed.   I still have not received a letter or any other type of notification about this other than it is what shows on va.gov.   I am certain they are required to send me notification and by not doing so is a clear violation of 38 CFR 3.103

2. The remaining claims on that supplemental claim are still pending.  I have called them twice already on this for the status.  This is the exam where I had the bad C&P exam but there still should have been some kind of movement.  I had the C&P exam on November 5th and 30 days later I called to request the status and was told they were waiting for exam results.  Called them out on that and they said it was because of backlog.  I called a couple weeks later and they were not gave me any additional information.  Just stated it was still pending.    I personally believe this exam should be in the hands of a rater because it is not an appeal but reopened claims with new evidence.  Unlike new claims or increases I cannot request a decision because I do not have additional evidence like you can on ebenefits.

3. I also have an HLR pending for denials I received an October.   Right now the status is "A senior rater is taking a new look at your case".  It has been sitting in that phase for the last 3 weeks and since no evidence  can be submitted it should not take a rater this long to be looking at this.  I could be wrong but I have seen way too many HLR's being completed within a week or so of a senior rater looking at it.   Maybe it is a good sign maybe not.

Here is what I think is happening.  I have several different types of claims going and I think it is just being swept away.   The last time I called I asked about both my HLR and Supplemental claim and the person I spoke to was clueless and could not give me any information because in my opinion they did not know what the hell they were doing.  I think with an IRIS complaint I can detail all of my concerns and have it listed where it cannot be ignored.  Sure it may not make a difference but it will be on record and can be used in my appeal.

[Guest]

OK, I briefly scanned through your post but did not read all but you can get your own private DBQ if you have insurance or even a private IMO.

[JKWilliamsSr]

Just now, pete992 said:

OK, I briefly scanned through your post but did not read all but you can get your own private DBQ if you have insurance or even a private IMO.

I already have a private IME for all of my claimed disabilities that gives a clear nexus.  Submitted it when I submitted my claim. 

[Buck52]

You can request another C&P ..let them know this one was inadquate   the examiner did not read all your evidence.

Also any time you have the evidence  when going to a C&P  take it all with you, if you had  13 Back issues in the military  take all and every note you have, this is considered evidence  and we can't have to much evidence.

Take just a Note the Dr might have written down about your Back Issues  it all counts as probative evidence.

I agree with pete  get a IMO  but it seems to me you have the evidence you need?

Edited January 27, 2020 by Buck52

[JKWilliamsSr]

1 minute ago, Buck52 said:

You can request another C&P ..let them know this one was inadquate   the examiner did not read all your evidence.

Also any time you have the evidence  when going to a C&P  take it all with you, if you had  13 Back issues in the military  take all and every note you have, this is considered evidence  and we can't have to mush evidence.

Take just a Note the Dr might have written down about your Back Issues  it all counts as probative evidence.

Trust me.....I understand all of this completely now.   While I will say the VA screwed me over by not doing their job I have to accept some of the responsibility.  I should never....ever.....trust anything the VA says to me. 

I did request a new C&P exam as soon as I saw the DBQ submitted by the C&P examiner.  I submitted a memorandum for record on December 9th and faxed it in.  I pointed out every error and requested a new exam.  I am going to my appointment tomorrow with the expectation that they may decided to throw in a back exam even though according to the VA rep I spoke too said the appointment request was for foot issues. 

I am creating a separate folder for every single disability that could be examined by Ortho.  Not going to take any chances. 

[Buck52]

I hear that JK

[Guest]

OK great, now the really sad news.  VA will do what VA will do and if you don't like the decision you must appeal.  I know you don't think that is right but what do you think this site was created for?  VA has screwed over more veterans then you can imaging.  My personal claim is VA denied my claim for twenty years and after a CAVC court remand VA then said oops your claim is granted and has been open since the original date.  What, VA means to say after VA denied my claim several times BVA remanded my claim to get the local VARO to correct their error, the VARO still denied my claim then BVA denied my claim and forced me to get a law dog now all of a sudden my claim has been granted and open since the original file date. Ain't that some Sugar Honey Ice Tea.  VA screws all of us.

Edited January 27, 2020 by pete992