BDD claim came back 100% still questions

[Deagle]

My claim just came back after separating a few months ago and I'm blessed that it was 100%, after 11 reconstruction surgeries another next week and a pending back and neck fusion, I feel this is fair. 

 

However, I never got a decision in the letter for sleep apnea, my hernia (which is the operation next week), or the scaring on my lungs (chronic bronchitis). They were all claimed, DBQs were submitted by the contractor and even in the reference section but they are ignored in the decision letter. 

 

What do I do? 

Edited February 3 by Deagle (see edit history)

[Mr cue]

I would upload a statement address this. With dates of exam.

An ask why you don't have a decision.

This will become part of your record.

They are to address your statement.

If they don't you have evidence to start a petition for relief from the cavc.

Ever 30 days upload a statement. If after 3 months they don't respond file the petition for relief to the cavc.

Educated your self on petition for relief in the meantime

They are not hard to do to the court pro SE. The court 9 times out of ten will make the VA respond.

I am going through the same thing the VA will just leave claims and appeals pending is crazy.

Did you call the 1800 and ask do they have the issue still open. An ask why you don't have a decision on them.

 

 

[broncovet]

You can appeal the decision, by filing a NOD, disputing that they did not address those relevant claims.  I would do that within a year, (sooner is better than later).  In the nod, I would explain those benefits were sought, but not addressed, in that decision.  

You can also send an IRIS email inquiring, "what is the status of the issues of sleep apnea, lung scarring, hernia, etc."  

When a Veteran reaches 100 percent, the VA often presumes "everything else is moot".  But, its probably not for several reasons:

1.  Special monthly compensation.  Example, if you have 100 percent, plus another 60 percent combined, seperate and distinct, you are supposed to be awarded SMC S (housebound) which results in about another $400 per month in compensation.  

2.  DIC.  Your family can get dependents compensation if you die of a service connected disorder OR, if you die for any reason after you have been p and t 10 years.  Additional service connections may mean that your spouse gets about 1500 per month after your death, if you die of a sc condition.  

3.  If one of your service connected conditions "actually improves", and you are reduced, then those other claims disability  percentages can take its place and prevent your benefits from going down.  

Edited February 3 by broncovet (see edit history)

[Mr cue]

32 minutes ago, broncovet said:

You can appeal the decision, by filing a NOD, disputing that they did not address those relevant claims.  I would do that within a year, (sooner is better than later).  In the nod, I would explain those benefits were sought, but not addressed, in that decision

? Why would a veteran appeal a fully grant issue. To leave it open 

The problem is the VA didn't address the other issues they sperate from the other issues.

I am not dispute your answer I am just trying to understand.

 

[asdf]

They may be deferred and you will receive an additional letter when they are decided.  I have noticed this is becoming more common and while it helps the veteran since you are not waiting for your 100% check it also confuses since many of the conditions are not listed.  If you have a VSO they can look on your code sheet and tell you exactly which conditions are deferred.

[pacmanx1]

43 minutes ago, Mr cue said:

? Why would a veteran appeal a fully grant issue.

There are times when a decision may state that it is a fully granted decision, but the decision does not always address each and every claim or issue. Even though the VA state that it is a fully granted award, a veteran can still appeal for a higher rating percentage or an earlier effective date or even to address issues/claims that were filed but not rated. You see more and more CAVC decisions coming back stating “These favorable findings should not be disturbed, or these favorable findings are not in dispute and should not be disturbed.”  This is to let the lower offices know that those granted claims are not to be re-adjudicated just the ones that the veteran is appealing. Your decision letter should state if your other issues are/were deferred or not and it is possible that they were missed or overlook.

What does your decision say or not say? This is for the OP (Original Poster).

Edited February 3 by pacmanx1 (see edit history)

[Deagle]

12 hours ago, Mr cue said:

I would upload a statement address this. With dates of exam.

An ask why you don't have a decision.

This will become part of your record.

They are to address your statement.

If they don't you have evidence to start a petition for relief from the cavc.

Ever 30 days upload a statement. If after 3 months they don't respond file the petition for relief to the cavc.

Educated your self on petition for relief in the meantime

They are not hard to do to the court pro SE. The court 9 times out of ten will make the VA respond.

I am going through the same thing the VA will just leave claims and appeals pending is crazy.

Did you call the 1800 and ask do they have the issue still open. An ask why you don't have a decision on them.

 

 

I called the 1800 number and she said it was closed and didn't know why there wasn't a decision. 

[Deagle]

11 hours ago, broncovet said:

You can appeal the decision, by filing a NOD, disputing that they did not address those relevant claims.  I would do that within a year, (sooner is better than later).  In the nod, I would explain those benefits were sought, but not addressed, in that decision.  

You can also send an IRIS email inquiring, "what is the status of the issues of sleep apnea, lung scarring, hernia, etc."  

When a Veteran reaches 100 percent, the VA often presumes "everything else is moot".  But, its probably not for several reasons:

1.  Special monthly compensation.  Example, if you have 100 percent, plus another 60 percent combined, seperate and distinct, you are supposed to be awarded SMC S (housebound) which results in about another $400 per month in compensation.  

2.  DIC.  Your family can get dependents compensation if you die of a service connected disorder OR, if you die for any reason after you have been p and t 10 years.  Additional service connections may mean that your spouse gets about 1500 per month after your death, if you die of a sc condition.  

3.  If one of your service connected conditions "actually improves", and you are reduced, then those other claims disability  percentages can take its place and prevent your benefits from going down.  

Thank you. I am working, luckily my brain still functions and I have a remote job where I work from home and make my own hours. I know they will come after me to reduce something despite there being over a decade of history. sleep apnea not being counted, a hernia I need a surgery on (which I've been paying medical care out of pocket for), tinnitus I got denied for despite having a 10 year history all on active duty, and the scaring on my lungs is pissing me off because I want all that covered. 

[Deagle]

10 hours ago, asdf said:

They may be deferred and you will receive an additional letter when they are decided.  I have noticed this is becoming more common and while it helps the veteran since you are not waiting for your 100% check it also confuses since many of the conditions are not listed.  If you have a VSO they can look on your code sheet and tell you exactly which conditions are deferred.

I do have a VSO, I emailed them today and sent the electronic file. There was nothing about a deferment that I read in what I have. 

[Deagle]

10 hours ago, pacmanx1 said:

There are times when a decision may state that it is a fully granted decision, but the decision does not always address each and every claim or issue. Even though the VA state that it is a fully granted award, a veteran can still appeal for a higher rating percentage or an earlier effective date or even to address issues/claims that were filed but not rated. You see more and more CAVC decisions coming back stating “These favorable findings should not be disturbed, or these favorable findings are not in dispute and should not be disturbed.”  This is to let the lower offices know that those granted claims are not to be re-adjudicated just the ones that the veteran is appealing. Your decision letter should state if your other issues are/were deferred or not and it is possible that they were missed or overlook.

What does your decision say or not say? This is for the OP (Original Poster).

I didn't see that wording on the electronic copy. Is the packet the send different from the electronic one?

[broncovet]

Deagle indicated that he was interested in pursuing additional disabilities, above the 100 percent granted.  Many Veterans continue to apply, (or appeal) even after being awarded 100 percent, as explained, here, in addition to the reasons I mentioned above, by attorney Chris Attig:

 

[Mr cue]

Sorry about what you are going to through.

You got a few choices to make

So appealing the  rating they granted  why do it

It is not going to increase anything you.are 100 percent based on it. Why open a granted issues up.

 

That' has nothing to do with them not addressing your other issues.

Worry about smc when you get them to address the other issues thing straight 

 

I believe the best method to get them to address the other issues is to put them on notice that you will be doing a petition for relief. If they don't address the other issues remand.

Less risk to your income.

I am not one from the VA will not do that there are rules school.

I read everyday about the VA do things 

Now if you keep uploading statement and they don't address them this your evidence for the relief.

Say that dont work you still have a cue that can be file.

It's a lot but I am a veteran that believe in protecting myself from VA games.

That my opinion

Disclaimer I am not a veteran agent I am not acting as one

 

[pacmanx1]

15 hours ago, Deagle said:

I didn't see that wording on the electronic copy. Is the packet the send different from the electronic one?

The packet has much more detailed and should have a lot more information.

[Deagle]

15 minutes ago, pacmanx1 said:

The packet has much more detailed and should have a lot more information.

Thank you!

[Deagle]

So the VSO and I had a call today, she is submitting the additional forms for sleep apnea, hernia, and lung scarring with nodulas that the VA ignored, they denied tinnitus (which was denied though I claimed it for 11 years in service), she's never seen them flat ignore conditions with medical evidence, DBQs, and a claim. They didn't defer, they even mention the DBQs which are all favorable, the tinnitus says not service connected because I wasn't in the military at the time, but I haven't had any breaks in service for 2 decades. Stupid VA just wants to make my blood pressure even higher