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Hucast21
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Question

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

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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

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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.😃

 

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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.

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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 by Hucast21
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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 by Hucast21
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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.

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32 minutes ago, pacmanx1 said:

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.

I will not give up the fight. The blatant denial is just a punch to the gut, but I am over it now. 

VA gave me 10% for each knee where my knees were only documented twice in my SMRs - one sick call about my knees hurting, and the separation physical exam stating PFS due to the physician finding crepitus in both knees. The C&P exam found crepitus in both knees and gave the magic words of “at least as likely as not related to his military service.”

My other contentions were major depressive order secondary to migraines and TDIU. Obviously, those were denied. My VA treatment records are littered with “veteran having daily SI due to his migraines” by providers and a diagnosis of major depressive disorder.

And I hope this opens up a lot of eyes to other veterans who wish to file a claim and are perusing this website - having a documented disability in your SMRs along with receiving treatment for your current disabilities diagnosed by VA providers, plus an IME w/ IMO from a board-certified specialist does not guarantee a win if you file or appeal a claim.

It will most likely have to go the BVA, which is a shame. 

 

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Hucast21

Don't feel to bad I think most of us had been denied a few time too I know I was denied and in Appeals for 5 /6years. some of the other hadit members longer than that   broncovet was in appeals 18 years  

Just pick ya hat back up and move forward  you will WIN .

Just remember to keep your Appeal time line up!

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19 minutes ago, Buck52 said:

Hucast21

Don't feel to bad I think most of us had been denied a few time too I know I was denied and in Appeals for 5 /6years. some of the other hadit members longer than that   broncovet was in appeals 18 years  

Just pick ya hat back up and move forward  you will WIN .

Just remember to keep your Appeal time line up!

Thanks Buck52.

Reading other veteran stories here on hadit about how the evidence is so apparent and still got denied, and then the same thing happens to you is really a wtf moment...

Like, the VA does not follow its own rules and regulations in regards to most VA claims.

It just blows my mind how my RO discounts strong probative evidence for my case and takes a medical opinion from an NP who also rendered an unfavorable decision by incorrectly applying VA’s definition of migraine headaches is really something. 

The C&P exam for my migraines states I had migraine headaches while in-service but does not meet the definition of chronic migraines because I do not have 15 episodes per month or more...

The VA rating criteria for migraines is:

8100 Migraine:  
With very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability 50
With characteristic prostrating attacks occurring on an average once a month over last several months 30
With characteristic prostrating attacks averaging one in 2 months over last several months 10
With less frequent attacks 0

Nothing to do with having 15 chronic migraines per month.

At the time of exam, I had 4-6 migraine headaches per month that were prostrating in nature. Currently, the number has increased to 5-7 per month. 

This is just downright sad that the VA does not follow their own rules.

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3 hours ago, Hucast21 said:

 

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

 

 

The RVSRs at the VARO often ignore favorable evidence.

C&P exams are often inadequate yet the RVSRs accept them anyway.

It's a battle to get VA benefits.

You have to fight the VA for what is yours.

 

 

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3 minutes ago, 63Charlie said:

The RVSRs at the VARO often ignore favorable evidence.

C&P exams are often inadequate yet the RVSRs accept them anyway.

It's a battle to get VA benefits.

You have to fight the VA for what is yours.

 

 

And I will continue fighting. I think what puts my mind at ease is because I have representation from a well-known law firm that handles VA claims.

Basically, the law firm (from what I have heard) does not take cases unless it is pretty cut and dry.

So, when my lawyer looked into the system today and saw my NOD and supplemental claim were denied, he immediately faxed VA Form 9 to the intake center.

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Its best now days or yesterdays too, when we submit our evidence its best to send in their own regulations  on the criteria of what were claiming, 

I do think it matters what type of rating specialist we get, if he knows the critera for a rating and the veterans sends it in with his evidence  then that's cut &dry...taking the word of a NP is not a good rater ..so its best to send in their own criteria on what were filing on.  besides the raters are trained to use  the rating criteria manual.

and even then some raters fail to read all our evidence and the rating manual.

Also its best to high-lite the area of evidence you wish them to read..and the rating critera especially filing a FDC

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Just wanted to say thank you to everyone for the replies! It is sad that the VA system is clearly adversarial towards veterans, and that we have to continue fighting until we win.
 

When I win my case, I promise I will donate and help out Tbird.

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Hucast21 You have the right attitude. Whether it's poor training, lack of adequate training, the amount of volume they have to move to meet their "quota", the "adversarial" posture that the raters and examiners have, or whatever, it is just damn hard to get your claim approved and rated at the accurate level at the proper effective date.I saw data published by the VA that said 25% of all claims have an error. I seriously question the accuracy of that finding. But we can win if we keep at it; just takes time,  and unfortunately, some of us don't have enough of it. Keep at it Hucast21. "You don't lose until you quit trying!"

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11 hours ago, GBArmy said:

Hucast21 You have the right attitude. Whether it's poor training, lack of adequate training, the amount of volume they have to move to meet their "quota", the "adversarial" posture that the raters and examiners have, or whatever, it is just damn hard to get your claim approved and rated at the accurate level at the proper effective date.I saw data published by the VA that said 25% of all claims have an error. I seriously question the accuracy of that finding. But we can win if we keep at it; just takes time,  and unfortunately, some of us don't have enough of it. Keep at it Hucast21. "You don't lose until you quit trying!"

Thanks!

Going by the claims process, VA does not follow its own rules and regulations. An unfavorable C&P exam from a NP should never have more weight to an IME w/ IMO but apparently it does.

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On 4/9/2020 at 11:38 AM, Hucast21 said:

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.

Take heart Huscast21.  Godsey v Wilkie, Vet. App. 17-4361 06/13/2019 CAVC Order has forced a shortened time from your NOD to the BVA.

If it takes more than a year, make sure your attorney files a Rule 21 Petition on your behalf.  Things happen quickly then.  My Rule 21 Petitions were filed in February.  Bray v Wilkie, Vet. App. 20-1323 (01/08/2018 Claim Decision NOD) and 20-1415 (05/17/2017 BVA Remand).  I was one month short for the Godsey class action qualification at the time but the Order also includes future NODs.  The BVA remands weren't included but there are other citations including Godsey v Wilkie.

I received an award letter from the Executive Director, Compensation Services on the BVA May 17, 2017 remand (20-1415) that was being delayed on April 8, 2020 granting a claim that had been delayed from October of 1987 and granting TDIU back to my last full time employment job loss date of September 16, 1985.  At 79, I'm not dead yet.  Spent a number of years in abject poverty saving up that $500,000 plus check that I will get.  Probably wouldn't have saved it any other way.  Now I'll have a nice home paid for with enough income to live well plus full medical for me and my wife.

See my posts by clicking on the green L upper left of this post.  I'll try to answer any questions about how I got to this point and where I'm going from here.  Not finished yet.  Still have a 3.154 1151 medical malpractice claim and a temporal lobe epilepsy claim that will probably go back to 1974 with gradually increasing ratings until 100% without TDIU in 1985 to 2015 when I was appropriately treated and the epilepsy went into remission.  But that was more than 35 years of my most employable life out the door and qualifies for the 20 year permanent status if I can get it.

I'm set for life now and don't need that last.  But I was a Navy Corpsman and leaving veterans behind on the paper trail causes me stress.  I will continue for that reason.  To provide precedence for others.  I started my activism in 1985 on the suggestion of a group therapist in a private conversation.  He said to keep my sanity, since my brain didn't function enough of the time to hold a job, I should try to help others as much as possible to keep a sense of self worth.  

One of the things I'll work on is an "undeveloped claim" for others submitted via Bray v Derwinski in 1988.  I'll claim the submission of the class action denied by the Feres Doctrine was an informal claim for all organic brain syndrome veterans who are victims of the specific circumstances outline in my filing with 2 other veterans.  It was first filed in 1987 and should take all TBI claims earlier than 2008 back at least to 1987 and possibly to the earliest evidence of problems with the veteran's employability.

I now have a precedence to go back.  The Fifth Amendment property rights and the Fourteenth Amendment Section (4) guarantees of veterans' benefits together with the extra schedular 38 CFR sections and my 1987 next of friend claims should be enough to overturn the Congressional TBI limitation date as unconstitutional.  At least it is worth a try and this is the time to do it with Judges and Adjudicators seeing the large bailouts to corporations while veterans have been stiffed all these years.  If the attorney I have won't do it, I'll have to find one who will.

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