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]

8 minutes ago, JKWilliamsSr said:

I am going to give this to the C&P Examiner and make it dummy proof.

Dummy proof, I recently had a C & P examiner tell me that she did not want me to give her or tell her about my symptoms and argued with me about my recent granted claim. I asked her why was I there and she told me she was ordered to redo my C & P exam.  Yes, I did tell the VARO that she was inexperience and did an inadequate C & P exam the last time so she tried to screw me over again. No this exam did not go well.

[JKWilliamsSr]

33 minutes ago, pete992 said:

Dummy proof, I recently had a C & P examiner tell me that she did not want me to give her or tell her about my symptoms and argued with me about my recent granted claim. I asked her why was I there and she told me she was ordered to redo my C & P exam.  Yes, I did tell the VARO that she was inexperience and did an inadequate C & P exam the last time so she tried to screw me over again. No this exam did not go well.

I would not be surprised if this same thing happened to me.  When I submitted my memorandum for record about my last C&P exam I asked for a new exam with a different examiner. I highly doubt this will go in my favor and I am willing to bet I get the same examiner as well.  He did ROM testing and did not even use a goniometer.  He "eyballed" it and even told me to bend further to which I replied this where the pain begins and I am not bending any further than this. 

[Vync]

1 hour ago, JKWilliamsSr said:

I am going to give this to the C&P Examiner and make it dummy proof. 

Now that's what I call spoon feeding the VA exactly what they need! I'm a firm believer of giving them the answer to questions before they can be asked.

[GBArmy]

JK I would write-up what she said to you the second time and request another exam (AGAIN) and/or HLR. Tell the DRO that it was completely adversarial and she was predetermined to give you a non-objective exam. If he/she says forgetaboutit, then tell them you consider a CUE, and you will pursue if necessary. I mean, what do you have to lose.? 

[JKWilliamsSr]

23 minutes ago, GBArmy said:

JK I would write-up what she said to you the second time and request another exam (AGAIN) and/or HLR. Tell the DRO that it was completely adversarial and she was predetermined to give you a non-objective exam. If he/she says forgetaboutit, then tell them you consider a CUE, and you will pursue if necessary. I mean, what do you have to lose.? 

Honestly.....I just want a decision letter because if my HLR (still waiting) and supplemental claims come back denied I am just going to hire an attorney (going to go with hill and ponton) and appeal directly to the board.  

[JKWilliamsSr]

hmmmm......just got a courtesy call from the VA to remind me about my appointment tomorrow.  That has never happened.