Length Of Decision For Increased Disability

[MarineDog]

Has anyone had experience in the length of time it took them to receive a decision once their c-file reached the rating board at the RO in Waco, TX. This would be for an increase in disability not an initial request,

Thanks!

[Josh]

Todd,

I have had my claim in for about five years total time but there have been many steps through the process. However I have also heard others get decisions in a matter of months but I thinks that is rare.

If you are new here welcome. I used to be more active but am getting worn out waiting for them to decide and life mu st continue. But the claim must be attended to to keep it moving forward.

Presently my claim is as the DRO level where the VA is getting an outside opinion. So this is an odd occurance--

I have the VA Cheif of Staff Neurologist say there was clearly an error that the VA doctors overlooked for 7 years which caused among other things quadriplegia. Will they go back to when the mistake was made or only to the point where I was physically able to file a claim.

ok enough bla bla bla from this black sheep and welcome to Hadit.com

[Guest Berta]

"I have the VA Cheif of Staff Neurologist say there was clearly an error that the VA doctors overlooked for 7 years which caused among other things quadriplegia. Will they go back to when the mistake was made or only to the point where I was physically able to file a claim."

I hope you mean that this doctor documented this in the med recs or somewhere.

and I hope you filed this claim specifically under Section 1151, 38 USC.

I bet they will just go back to the date of your claim-but you could push for more-

If you developed quadraplegia due to a VA medical error- serious business-

have you considered filing a FTCA claim too?

The Statute of limits on a FTCA tort is 2 years from when you learned of the errors that caused you additional disablity.

In your case it would might be well worth it to file a FTCA claim too if you have time left under the SOL -I can attach the form you need and give some advise on that.

FTCA settlements are lump sums, usually entirely offset to VA comp for the same condition.

But if a vet has direct SC disabilities too- that comp cannot be offset.

Good investments of a lump sum settlement can also help recover comp offsets.

If the VA med opinion goes against any documentation from the Neuro doctor-I recommend that you get an additional IMO. Of course I recommend Dr. Bash.

[Leap]

Has anyone had experience in the length of time it took them to receive a decision once their c-file reached the rating board at the RO in Waco, TX. This would be for an increase in disability not an initial request,

Thanks!

Have you received a rating from the Waco Regional Office? If so, when did it reavh the rating board and when did you receive your decision? My claim reached the rating board on the 2nd of Dec 2005.

[Pete53]

Leap it takes them a while but the initial decision will come between 6 months and a year.That is a wild ass guess on my part or WAG as we used to say.

If you are suffering financial hardship you can request an expedited decision.

[Guest Jim S.]

Josh: Are you saying its been five years and you still do not have a decision on your claim? I would be contacting my Senetor at the very least. Do you have a SO and what is he doing to help speed up the process.

You might try and write to the VA Secretary and ask for some relief as to why your claim is taking so long.

Might a 1151 claim be supported, since the VAMC caused him physical harm by not treating him for what was clearly noted in the medical records.

Five years is just to long, Their is no logical reason I can think of for that matter, any claim to take this long.

It's time you gather some strength and get someone to take you down to your local VARO and talk to management and get some answers. If not from them, from someone.

Given your medical disabilities, I might even consider finding a simpatheic ear of someone who writes for a major newspaper, or someone who is a reporter for one of the major TV channels.

The VA does not like bad publicity and you might find that your claim is looked upon with a more sempathetic eye and at a faster rate just to get them out of the bulls eye of the press.

good luck with what ever you do,

Jim S. :D

[Leap]

PETE -

THanks for the INFO... started my claim in August of this year... went to the rating board in Waco on 2 Dec...