Hopefully some really good info for all soon!

[Confusedvet1]

Pretty stocked and can't wait to get this info and share it.

I recently submitted an iris claim asking about the 10 day policy of waiting after letter is sent with a decision and why they can't make it available online immediately and rationale for their policies etc.

 

I've spoken to 2 people so far at the Peggy line and both have said that they are jealous (one actually is asking to have the info sent to their management team) of the information being put together for me and that they hope I like to read. One told me I better share this info with other veterans as well so my hopes are high for some really great information to share.

Hopefully more to come by end of next week at latest.

[Confusedvet1]

Ok I'll do that then in the hopes it inspires other veterans to do the same in the future. Any idea what section I should put it in on this forum?

 

[Scottish_Knight]

In 2021, one would think all government departments and agencies could upload documents into an online - logged in account.  I for one would find it very helpful and brilliant as I am tired of the four months to receive a letter.  If we can upload documents for the VA, then they surely can do it for us.

I recently contacted DFAS about a document they require.  My only option is to post it.... that or I was asked if I had a fax machine!  A fax machine?!?  In 2021!?!? I was pleasantly surprised that morse code and the pony express had been finally determined obsolete.

[blahsaysme2u]

1 hour ago, Scottish_Knight said:

In 2021, one would think all government departments and agencies could upload documents into an online - logged in account.  I for one would find it very helpful and brilliant as I am tired of the four months to receive a letter.  If we can upload documents for the VA, then they surely can do it for us.

I recently contacted DFAS about a document they require.  My only option is to post it.... that or I was asked if I had a fax machine!  A fax machine?!?  In 2021!?!? I was pleasantly surprised that morse code and the pony express had been finally determined obsolete.

yuppers! champva application can only be faxed or mailed...its bs! i used free fax online to send it...FAX MACHINE! freaking morons

[Berta]

Confused vet --I went back to your posts and found your remand:

I regret I thought this was a VA cluster ----, as I think you are misinterpreting the remand:

https://community.hadit.com/topic/82577-complicated-mess-need-advice/page/4/#comment-508179

"ORDER

 

Entitlement to an initial disability rating of 10 percent, but no higher, for surgical scar, right wrist status post tenosynovectomy for the period prior to October 15, 2020 is granted.

 

Entitlement to a disability rating in excess of 10 percent for surgical scar, right wrist status post tenosynovectomy for the period from October 15, 2020 onward is denied."

 

The BVA gives a full rationale for the decision-I hope others read it all and opine on it.

It appears that you were granted retro at 10% from the date of the tenosynovectomy up tp October 15, 2020.

I assume your issue is with the lack of 10% from October 15, 2020 'onward.'

The lack of continuance is probably due to a C & P exam result, and can be appealed,if the RO denies it.

That sure might need to be overcome by a strong IME.

Or by requesting a better C & P exam. If it was done by QTC LHI, or VES they have contact info here and other vets have gotten better C & P exams by complaining to them.

Some have even called the White House ( Trump's vet Hot line) which I hope is still in existence:

1-855-948-2311

If the examiner manipulated anything in the exam the BVA based their decision on ,to your detriment, you need to get that fixed.

I suggest you get a copy of the C & P exam that denied that rating.

I also now  feel you are approaching this wrong-

when I asked somewhere here , if this was a BVA remand, you said no-but it was a remand.

BVA remands take time to be implemented.

 

Edited June 6, 2021 by Berta

[Confusedvet1]

6 hours ago, Scottish_Knight said:

In 2021, one would think all government departments and agencies could upload documents into an online - logged in account.  I for one would find it very helpful and brilliant as I am tired of the four months to receive a letter.  If we can upload documents for the VA, then they surely can do it for us.

I recently contacted DFAS about a document they require.  My only option is to post it.... that or I was asked if I had a fax machine!  A fax machine?!?  In 2021!?!? I was pleasantly surprised that morse code and the pony express had been finally determined obsolete.

It's so funny you bring this up lol....... I was told by a Peggy supervisor among other things that they can't put letters online for veterans to see instantly because of the privacy act (wouldn't tell me what one and made it sound like there is a super secret one for VA employees????) And it would also affect appeal rights (wouldn't explain how when I asked) . The kicker though is that the other reasons they can't put the letters online for veterans to see because it's sensitive private information. So I asked why I could download my VA medical records and view those? The supervisor then said that's a different department of VA and they have their own rules and policies.

 

So am I to conclude that the VA as whole has determined that award letters are more private and sensitive then medical records? I guess that's why in past I had a VA Dr tell me I had a heart condition and gave me a ekg printout (she didn't give me an EKG lol) and told me to take it to cardiology. Well that ekg was for a veteran of the opposite sex and 20 years older with that veterans name on it and clinic name!!!

[Confusedvet1]

2 hours ago, Berta said:

Confused vet --I went back to your posts and found your remand:

I regret I thought this was a VA cluster ----, as I think you are misinterpreting the remand:

https://community.hadit.com/topic/82577-complicated-mess-need-advice/page/4/#comment-508179

"ORDER

 

Entitlement to an initial disability rating of 10 percent, but no higher, for surgical scar, right wrist status post tenosynovectomy for the period prior to October 15, 2020 is granted.

 

Entitlement to a disability rating in excess of 10 percent for surgical scar, right wrist status post tenosynovectomy for the period from October 15, 2020 onward is denied."

 

The BVA gives a full rationale for the decision-I hope others read it all and opine on it.

It appears that you were granted retro at 10% from the date of the tenosynovectomy up tp October 15, 2020.

I assume your issue is with the lack of 10% from October 15, 2020 'onward.'

The lack of continuance is probably due to a C & P exam result, and can be appealed,if the RO denies it.

That sure might need to be overcome by a strong IME.

Or by requesting a better C & P exam. If it was done by QTC LHI, or VES they have contact info here and other vets have gotten better C & P exams by complaining to them.

Some have even called the White House ( Trump's vet Hot line) which I hope is still in existence:

1-855-948-2311

If the examiner manipulated anything in the exam the BVA based their decision on ,to your detriment, you need to get that fixed.

I suggest you get a copy of the C & P exam that denied that rating.

I also now  feel you are approaching this wrong-

when I asked somewhere here , if this was a BVA remand, you said no-but it was a remand.

BVA remands take time to be implemented.

 

I spoke with Peggy about my award letter as well as with my lawyer. My understanding is that the BVA decision says they owe my backpay prior to oct 2020 which is the effective date the VA gave me when I got new C&P exam because the BVA said the original one wasn't complete. The RO said the new exam is the first diagnosis of painful scar. However the judge in BVA decision says that there are lots of complaints going back in time and that my effective date should actually be earlier. It also says that I'm not entitled to more then 10% (I agree completely). But i am entitled to 10% moving forward for the scar.

it doesn't change my over all percentage though (currently at 30%).

 

ETA: the original exam said there was no pain which was a lie and why I got it documented medically and the judge saw that in my records which is why he brought it up in decision.

Edited June 6, 2021 by Confusedvet1