Ready to be rated

[Hucast21]

Hi all,

I called Peggy about my appeal and was told that “your claim is ready to be rated.”

Recently, my lawyer faxed intake my IMO, and was curious if anyone knows the timeframe from “ready to be rated” to a decision.

Thanks,

Hucast21

[GBArmy]

Hucast21 Sounds like they are telling you something, doesn't it. Nope. Doesn't mean anything. Not knowing anything at all about your claim, I'd recommend on checking it not more than once a day for a week or two. Then have your attorney check again.I assume he/she has VBMS and can see your file being developed. Or call Peggy once a week. Could be a long time. Sorry

[Guest]

It simply means that according to VA, they have everything they need to rate your appeal when it's your turn when the judge selects it.  You may or may not have several appeals before yours but after your appeal is decided your lawyer should get a copy of it or they can call to check the status of it.  Of course you should know that your appeal could be granted, denied, partially granted or remanded.  You can IRIS VA and ask them if they have received your IMO.  You may or may not get a response or your response may come after you get your rating but it is something you would have in writing instead of a phone call that no one can remember. I would say you should check back every two weeks to a month.  It may be faster but BVA doesn't move that fast.  Watch I be wrong and you get a call in about two weeks.

 

[Hucast21]

So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

It was closed on March 25, and va.gov just states claim closed and nothing more.

Hopefully, I get good news.

[Hucast21]

Update:

My lawyer received the decision letter before I did. I was denied on all of my contentions, and my lawyer sent in the form to appeal to the BVA.

I find this disheartening because one of my issues (migraine headaches) are clearly documented in my SMRs and even on the separation physical exam the physician wrote “Migraine headaches (severe).”

My SMRs also showed the frequency (3-5 per month) and intensity (prostrating in nature) of the migraines with documentation of laying down or sleep was my only relief.

Sumatriptans did not help at all. After I left service, I was also diagnosed by a VA neurologist with migraine headaches.

Then I had an IME w/ IMO with a board certified specialist who provided a nexus with “at least as likely as not related to his military service” in regards to my migraines.

I just feel defeated, and my migraine headaches make me suicidal to the point I have suicidal ideation on a daily basis.

I do no understand how the VA can deny service-connection when the evidence is cut and dry.

The C&P exam for my migraines was done by an NP who incorrectly applied the VA definition for migraines and opined “veteran does not have chronic migraines. Chronic migraines are 15 migraine headaches per month or more.”

Migraine headaches are not rated that way, which to me is clearly a CUE.

I just feel so broken.

Edited April 9, 2020 by Hucast21

[Hucast21]

Update 2:

Just talked to a representative for my lawyer.

I was basically told my lawyer is going to write an argument letter and present it to the BVA hearing judge - citing VA rules, regulations, and other similar cases of how my claim has been unfairly rated by the RO given all of the probative evidence.

The motto of “deny, deny, deny until the veteran quits or dies” is alive and well.

It should not take a veteran to present their case before the BVA to get it right.

It is downright insulting and a spit to the face when a veteran clearly has current disabilities (that are presently being treated) that were diagnosed while in-service and documented in their SMRs.

I find it funny how my least documented disability in my SMRs (patellofemoral syndrome in both knees) was granted when I first filed my claim in 2018. 

Now I know first-hand how most or some of you feel in hadit.

Edited April 9, 2020 by Hucast21

[pacmanx1]

Don't give up the fight, look at it this way, VA would rather grant your least documented disabilities at 10%-20% paying out $142-$281 + other disabilities a month compared to granting your most documented disabilities at 50% paying out $893+ other disabilities a month and that is not even counting dependents.