My husband currently has claims sitting at the VARO. Some of these are remands back from the BVA. Others are new claims. The ones from the BVA, on remand, have been back at the VARO since the first of February 05. Last week, we get a letter from them telling us that they are currently working on these claims (minus one which I will discuss later). They want us to send in medical records or any other evidence which we may have. They even sent us Release of Information Forms to fill out. They also listed the evidence which they have currently received from us. Well, I have sent them letters explaining exactly what we are claiming, why we are claiming it, gave them their regulations to back up what we feel states why the claim should be approved, letters from myself, letters from the Vet Center, medical articles, lists of medications which he has taken or is now taking, a copy of all of his VAMC medical records that were highlighted for them showing that which pertained to the claim, but they still want more. Most of what I sent to them was not even listed on their letter as evidence they received from us. Are they not looking at his file before sending letters out? Also, they stated that they were sending us a form for my husband to fill out if he wanted his claim expedited. He hasn't even been afforded a C & P exam on some of these claims and I am certain without those, the claim will definitely be denied. Why would we want to expedite his claim when they haven't even fullfilled their obligations to him? Also, at the end of the letter we got from the VARO, there was a Release of Information form attached which has another veterans name and social security number on it. Wonder what he received which should have come to us. Well, a couple of days after getting this letter, he received another letter stating that he was being set up for 2 C & P exams. One for audiology, which he is claiming tinnitus for. The other was for a general C & P exam. I am to assume this may be for his claim for an increase in his current service connected skin condition and NSC hypertension claim. He is also claiming erectile dysfunction due to medications he has been taking for his SC PTSD. Doesn't he need to have a Urology C & P exam for this? Also, he has a claim in for cataracts which is currently NSC. Doesn't he need an Ophthamology C & P exam for this? A general C & P could not cover these medical conditions.
The other issue that the letter did not even cover was for his claim for an increase in his SC PTSD. We don't even know where this claim stands since they did not state in the letter we received that it was being worked on. Nor have we received any information about a C & P exam for this. This is a claim on remand back from the BVA.
I am so confused with this letter. You would think in reading it that these are all new claims and they haven't received anything from us with enough evidence to go forward in our favor with the claim. It really makes me think that they are stalling as much as possible to keep from deciding the claims.
Our SO called us about the letter we received because he has just gotten his copy. Well, I don't mean to be so negative about someone, but this person has no idea of what is going on. All he can do is read parts of the letter to me and then say this is what they are saying they want. I told him I could read. I needed some explanation on why we even received this letter, based on all the information I have already given the VARO. I also asked him why they did not even include his PTSD claim in the letter. He couldn't answer anything I asked him. Finally, he said that he had to end the conversation as he had some errands to run before going home and to call him after my husband had the couple of C & P's he has been scheduled for. He knows nothing about the rules and regulations and cannot answer any questions you put before him. He cannot even offer you any help in finding out any information on your claim. He has an office in the same building as the VARO. I never call him for anything because he has no help to give and only makes me more frustrated that I already am.
Also, in the BVA decision, they told the VARO that we had requested a regional office hearing several times before our BVA hearing, but we were never given one. The letter stated that the VARO was to ask the veteran if he still wanted a hearing and if so he was to be given one. Even though some of his claims are remands back from the BVA and some of the others are new claims, should we request a regional office hearing at this stage or is it too late on the BVA remanded claims?
I know this is a long posting, but my husbands claim process is becoming very complicated. Any help, input or comments you may have would be greatly appreciated.
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mssoup1
My husband currently has claims sitting at the VARO. Some of these are remands back from the BVA. Others are new claims. The ones from the BVA, on remand, have been back at the VARO since the first of February 05. Last week, we get a letter from them telling us that they are currently working on these claims (minus one which I will discuss later). They want us to send in medical records or any other evidence which we may have. They even sent us Release of Information Forms to fill out. They also listed the evidence which they have currently received from us. Well, I have sent them letters explaining exactly what we are claiming, why we are claiming it, gave them their regulations to back up what we feel states why the claim should be approved, letters from myself, letters from the Vet Center, medical articles, lists of medications which he has taken or is now taking, a copy of all of his VAMC medical records that were highlighted for them showing that which pertained to the claim, but they still want more. Most of what I sent to them was not even listed on their letter as evidence they received from us. Are they not looking at his file before sending letters out? Also, they stated that they were sending us a form for my husband to fill out if he wanted his claim expedited. He hasn't even been afforded a C & P exam on some of these claims and I am certain without those, the claim will definitely be denied. Why would we want to expedite his claim when they haven't even fullfilled their obligations to him? Also, at the end of the letter we got from the VARO, there was a Release of Information form attached which has another veterans name and social security number on it. Wonder what he received which should have come to us. Well, a couple of days after getting this letter, he received another letter stating that he was being set up for 2 C & P exams. One for audiology, which he is claiming tinnitus for. The other was for a general C & P exam. I am to assume this may be for his claim for an increase in his current service connected skin condition and NSC hypertension claim. He is also claiming erectile dysfunction due to medications he has been taking for his SC PTSD. Doesn't he need to have a Urology C & P exam for this? Also, he has a claim in for cataracts which is currently NSC. Doesn't he need an Ophthamology C & P exam for this? A general C & P could not cover these medical conditions.
The other issue that the letter did not even cover was for his claim for an increase in his SC PTSD. We don't even know where this claim stands since they did not state in the letter we received that it was being worked on. Nor have we received any information about a C & P exam for this. This is a claim on remand back from the BVA.
I am so confused with this letter. You would think in reading it that these are all new claims and they haven't received anything from us with enough evidence to go forward in our favor with the claim. It really makes me think that they are stalling as much as possible to keep from deciding the claims.
Our SO called us about the letter we received because he has just gotten his copy. Well, I don't mean to be so negative about someone, but this person has no idea of what is going on. All he can do is read parts of the letter to me and then say this is what they are saying they want. I told him I could read. I needed some explanation on why we even received this letter, based on all the information I have already given the VARO. I also asked him why they did not even include his PTSD claim in the letter. He couldn't answer anything I asked him. Finally, he said that he had to end the conversation as he had some errands to run before going home and to call him after my husband had the couple of C & P's he has been scheduled for. He knows nothing about the rules and regulations and cannot answer any questions you put before him. He cannot even offer you any help in finding out any information on your claim. He has an office in the same building as the VARO. I never call him for anything because he has no help to give and only makes me more frustrated that I already am.
Also, in the BVA decision, they told the VARO that we had requested a regional office hearing several times before our BVA hearing, but we were never given one. The letter stated that the VARO was to ask the veteran if he still wanted a hearing and if so he was to be given one. Even though some of his claims are remands back from the BVA and some of the others are new claims, should we request a regional office hearing at this stage or is it too late on the BVA remanded claims?
I know this is a long posting, but my husbands claim process is becoming very complicated. Any help, input or comments you may have would be greatly appreciated.
Thanks,
Bev.
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