Help!!! Please!!! JASON?

So I have to wait 4 years after retiring before I hold "veteran" status? There's an oxymoron. Military retired, but not considered a verteran with service connection through the VA. IDIOTS.
 
I'm not trying to be mean but did you not understand what Jason said.

As far as the IU, if the exams, evidence, or your claims suggest that IU might be appropriate, the VA is required to make a determination on this issue, even if you do not specifically claim or request it.

I'm thinking this is good because they are finally getting close to finishing your case no matter what the dates in ebenefits say. I hate ebenefits because it not accurate and it seems like I'm going there just to get upset, garbage. Anyways go to your VSO or the county VA and fill out the paper for TDIU.

I don't want TDIU either, I would rather the VA do their job correctly the first time and stop jerking me around. I really don't see an end to my situation for years to come. I will be doing exactly what I've heard and condemned others of doing, keep appealing.

You know, someday we're going to have to get together to bad mouth the VA. I will bring my wife and son.
 
I'm going to have a freakin cow! Are they ALL morons?

I've been calling monthly and repeatedly told I do not need to send anything, that they have all the information they need.


Now on my ebene shows:

What We Have Never Received from You (solicited)
This is a list of items that have never been received from you and that have been closed.

Items Date Requested Date Closed
Continuity - med evid since service needed (major depressive disorder (MDD)) 05/11/2012 08/07/2013
Continuity - med evid since service needed (post traumatic stress disorder (PTSD)) 05/11/2012 08/07/2013
Continuity - med evid since service needed (thoracic outlet syndrome) 05/11/2012 08/07/2013
Continuity - med evid since service needed (myofascial pain syndrome) 05/11/2012 08/07/2013
Continuity - med evid since service needed (cervial/thoracic spinal stenosis) 05/11/2012 08/07/2013
Continuity - med evid since service needed (thoracic radiculopathy) 05/11/2012 08/07/2013
Continuity - med evid since service needed (cervical radiculopathy) 05/11/2012 08/07/2013
Continuity - med evid since service needed (fibromyalgia) 05/11/2012 08/07/2013
21-4142 (Tampa General Hospital ) 05/11/2012 08/07/2013
Medical evidence for pension 05/11/2012 08/07/2013
90 days service, medical and income 05/11/2012 08/07/2013
PTSD - Need stressor details/med evid personal trauma incdnt 05/11/2012 08/07/2013
Accidental injury - 21-4176 needed 05/11/2012 08/07/2013
Continuity - med evid since service needed (trichotillomania) 05/11/2012 08/07/2013
Continuity - med evid since service needed (anxiety) 05/11/2012 08/07/2013

Example modal window opened. Top of Modal Window.
We Apologize That Your Claim Is Past Due
We recognize that your claim has exceeded the estimated completion date and remain committed to completing our review as quickly and accurately as possible.

Thank you for your patience.

THEY HAVE ALL MY RECORDS, TESTS, REPORTS, VA VISITS. What the hell do they need from me and when I call, why do they keep telling me they don't need any information.

Why the HELL is it going to take 3.5 years to complete. I was medicially retired!!! You all are idiots and there shouldn't be a government freeze, they should fire you all and start from scratch.

I hate this, I hate them. They don't do ANYTHING right and should have inspections repeatedly, and they would fail and get fired.

Can I find out who my VSR is and have them evaluated and get them fired? They have started my claim May of last year and stated I did not send in neccessary evidence by August. They are morons.

Do you know if they ever received you medical records from when you where AD?its possible that's what they requested and never received!

Va and DOD doesn't work as one so the VA has to request a vets medical records from AD in which is what is needed in order to prove service connection, your visits at the VA post retirement doesn't provide proof of service connection
 
Do you know if they ever received you medical records from when you where AD?its possible that's what they requested and never received!

Va and DOD doesn't work as one so the VA has to request a vets medical records from AD in which is what is needed in order to prove service connection, your visits at the VA post retirement doesn't provide proof of service connection

I called repeatedly to see if they received them but I would never be given an answer. Was told 4 different times that they would send a request and I will be notified and never was.

The VA doctors had my hard copy medical records in hand during my C&P.

And my visits were continued care, that they were requesting info for, for my 3 conditions I was medically retired for, which shows service connection.
 
I called repeatedly to see if they received them but I would never be given an answer. Was told 4 different times that they would send a request and I will be notified and never was.

The VA doctors had my hard copy medical records in hand during my C&P.

And my visits were continued care, that they were requesting info for, for my 3 conditions I was medically retired for, which shows service connection.



If they have them in hand I'm sure they sent them along with your exam results to the RO where your ratings decision is being completed
 
Also even though you know what you was seen for at the VA was service connected, as far as the VA eyes it isn't service connected until your rated for it even though you were medically retired

Trust me I was medically retired also and until my rating was completed according to the VA my conditions I was being seen for wasn't service connected, and I was billed as well
 
Yay! After the government shutdown ended, my Ebenefits finally changed. It stated gathering evidence received from the VA 10/17/13. Today it changed to review of evidence date 10/21/13.

It is now stating that A VCAA notice responce is need from me. Does anyone know what that is?

It also states unemployability 21-8940 is needed. Do I fill this out at the VA hospital?

After 25 months of no change in status, it's finally moving along. I am so excited.

Do I assume I am not rated 100%, since they are asking for unemployability? I do have a part time job. I work 14 hours a week, but this keeps me above the $14,000 poverty line. Does this disqualify me?
 
Now it went back to gathering evidence, with a request to the VA.

My finish date has been pushed back even further.

06/29/2015. That's 2 months shy of a 4 year process!!! Do they not care? How is it you read in the news that they are trying to complete all claims 2 years and over in a timely manner, yet I keep getting over looked. I see nothing changing.

And denied Voc Rehab until this is all done. Yet MEB members are getting a 6-12 month turn around. I was MEB'd too!! GDI. Recognize that!
 
Amy,

I'm sorry that you are going through all of this. One question that I have for you in regards to Voc Rehab is this, are you going to use it for achieving an undergraduate degree or for technical training? Also, have you used you GI Bill for education, Post 9/11 or otherwise?

Frank,
 
Amy,

I'm sorry that you are going through all of this. One question that I have for you in regards to Voc Rehab is this, are you going to use it for achieving an undergraduate degree or for technical training? Also, have you used you GI Bill for education, Post 9/11 or otherwise?

Frank,


I have Post 9/11. I have trouble concentrating and reading for long periods of time. I can no longer work as an EMT, LPN, or Allergy spcialist due to the medications I'm on and legal liabilities.

I was going to school full time while on active duty, before my medical conditions start.

I have trouble being around a lot of people, crowds, or going places alone. Rarely leave the house.

I thought the whole point of vocational rehab was to help me determine what I COULD do, inspite of my medical issues.
 
I have Post 9/11. I have trouble concentrating and reading for long periods of time. I can no longer work as an EMT, LPN, or Allergy spcialist due to the medications I'm on and legal liabilities.

I was going to school full time while on active duty, before my medical conditions start.

I have trouble being around a lot of people, crowds, or going places alone. Rarely leave the house.

I thought the whole point of vocational rehab was to help me determine what I COULD do, inspite of my medical issues.


Dear Amy:

I bought this e-book and it has really paid off!

I turned my disabled Vet friend onto it and he put together a plan using the information in this e-book. His plan was approved and he received over 25, 000 in Voc Rehab assistance.

What I found from getting this e-book is that by reading and understanding the VA Voc Rehab "rules" and qualifying pre-requisites BEFORE you apply, you CAN set yourself up for success in advance of your application and raise your odds of getting what YOU need - not what the VA says you need (which can be very paternalistic - VA Voc Rehab authorities often have this "Father Knows Best about your life better than you do" attitude). Sometimes they don't know what they can do to help you, either - and sometimes they don't know HOW to push your case to the "win" stage.

The guy who wrote this book has a website, too for disabled Vets (Krause is a disabled Vet himself who had to get help from Voc Rehab). He's almost finished with his law degree (courtesy of Voc Rehab) and is quite an outspoken advocate for us disabled Vets.

Check this out and see if this will help you by getting you prepared with the knowledge you can use to win your Voc Rehab scenario. Especially if you get a VoC Rehab person/mgmt.team that don't know their own Voc Rehab rules or don't care.

https://www.disabledveterans.org/the-how-to-guide/

https://www.disabledveterans.org/


V/R,
nwlivewire
 
Amy,

I know it hard not to freak out, but try. We get just as angry as you as it has been 26 months now since my husband's original claim as well. In the last month his eBenefits date of resolution has been anywhere from Dec 2013 to Dec 2015. It has changed status and dates at least nine times in the last 3-4 weeks. He just went to Pending Decision Approval yesterday and we are hoping it is for real this time. Just wanted to say you aren't alone and reiterate that the dates in eBenefits are often completely useless. We consistently see "need documentation" on this condition or that when he is being treated only at the VA for everything. I soooo understand your frustration. My husband and I seem to take turns being pissed off at the National Guard, the Army and the VA.

Keep your chin up girl!
 
Amy,

I know it hard not to freak out, but try. We get just as angry as you as it has been 26 months now since my husband's original claim as well. In the last month his eBenefits date of resolution has been anywhere from Dec 2013 to Dec 2015. It has changed status and dates at least nine times in the last 3-4 weeks. He just went to Pending Decision Approval yesterday and we are hoping it is for real this time. Just wanted to say you aren't alone and reiterate that the dates in eBenefits are often completely useless. We consistently see "need documentation" on this condition or that when he is being treated only at the VA for everything. I soooo understand your frustration. My husband and I seem to take turns being pissed off at the National Guard, the Army and the VA.

Keep your chin up girl!

Thank you! I don't really have anyone to talk to that actually understands what's going on.

I'm so confused. I looked at my ebenefits today and it stated a status change to preparing for decision. It completely skipped review of evidence and now my closeout date changed to 02/07/2014.

I'm not complaining, I just hope that since I still have a pending C&P for dental in a couple weeks, this does not mess things up.

Maybe someone at the VA actually got around to reading my military medical records? I don't understand why the VA spends so much money on appointments, doctors, lab work, radiology, ect for conditions that veterans have had documented for years and years. I can understand something new or something questionable, but why for a condition I have had for 11 years and had documented once a year or more for over a decade?

Fingers crossed again. But not getting my hopes up, after all it is the VA. Sigh.
 
Thats a good sign!! Means they probably got their head out of their 4th point of contact checked it out and now they are just waiting for the coach to sign off so you can get what you got coming to you!
 
Thats a good sign!! Means they probably got their head out of their 4th point of contact checked it out and now they are just waiting for the coach to sign off so you can get what you got coming to you!

Thanks :)

The C&P doctor did make a couple mistakes. I just hope I don't have to appeal and fix anything. Thanks for the confidence.
 
So I am now in the "Pending Decision Approval". They must really want to finish before my 2 year claim mark in January (really September, but it took them 4 months to process an online claim, which should take only 2 weeks). My final date is now the day before my 2 year mark.

I'm so nervous. And I still have a C&P to complete.

Are they just going to make a mess of this like everything else so far?

How does it go through 4 phases in just 10 days? When the gathering evidence took 2 years, and it should be evident from the beginning because I was medically retired?
 
Deep down I want to say they are going to screw it up but I'm hoping that it works for you. I'm not sure how they are going to include another C&P exam unless they are going to blow it off for now. Lets hope for something good like the TDIU.
 
They could be giving you a rating for now and then deferring whatever that C&P is, aka you will get an active rating without whatever that C&P states, then you will complete the exam and they will update your rating. I cant remember who, but someone on the forum had this happen to them (They are an active member of the forum)

If this is the case, the good news is that you will have some sort of rating and the ability to apply for TDIU as jeep freak said!
 
They could be giving you a rating for now and then deferring whatever that C&P is, aka you will get an active rating without whatever that C&P states, then you will complete the exam and they will update your rating. I cant remember who, but someone on the forum had this happen to them (They are an active member of the forum)

If this is the case, the good news is that you will have some sort of rating and the ability to apply for TDIU as jeep freak said!


Dear Amy:

That "active member of the forum" is me.

Initially, I had two IDES/VA C&P exams for different issues - one for all the physical & one for all the mental. During my IDES/VA days, the military also put me through their assessments, too.

After all the VA medical/mental tests came back and were collated/folded into all the VA medical/mental C&P issues, the VA raters initially "finalized"/rated my IDES/VA claim at 100% P&T. All but four of my medical/physical issues were rated from 0% - 60% - service connected. Mental was rated @ 70%.

But I did have four leftover medical issues that were VA "deferred" during the IDES process, all receiving a 0% service connected rating that required further evaluation/rating at a later date.

So basically, my initial IDES/VA rating was 70% DoD, but VA came back with 100% anyway -100% without the four "deferred" conditions.

17 months go by since my DoD discharge/VA initial claim & rating, & I finally get C&P examined for those four IDES/VA "deferred" conditions.

THREE WEEKS after those C&P exams, I get a letter in the mail from the VA. The VA has now awarded me an additional 30% for one deferred issue, two 10%s for two other deferred issues, and a 0% service connected for the fourth "deferred" issue - all issues are retro to date of discharge and have the same date as my initially claimed issues.

Obviously, I now have more than 100% service connected issues. But since my initial VA rating was already at 100% P&T, there was no increase in VA monthly compensation.

However, I will be looking into all those VA "SMC" ratings to see if I qualify for anything there.

For some reason, the VA decided to at least rate most of my issues at time of discharge and not hold up my PDRL discharge.

BUT, I can see situations where a SM who is going through IDES/VA would eventually have to go back and appeal their IDES disability percentage rating if any of the "deferred" conditions are later VA rated and examined, and where the evidence shows that that condition FAILS military retention standards. This is what has happened on TWO of my VA "deferred" conditions.

On two of my now VA rated "deferred" conditions, the military did not claim them as failing retention standards for the IDES process, but the medical evidence was present during the IDES process that should have had them listed for a military disability rating.

In my case, I initially rec'd 70% PDRL, so this will not have a big impact on my PDRL as I can only receive a max of 75%.

HOWEVER, I can see this situation of "deferring" IDES/VA issues happening to others where IT WILL make a difference in their initial military disability rating.

And this concerns me as I can see the military intentionally/willfully using this "deferred" issue as a back-door to low-balling a SM at time of discharge and hoping the SM won't come back & fight to get their REAL military disability percentage.

The excuse the military used on me for one of my conditions was that I was in the middle of the IDES process and they refused surgery because I was in the IDES process and "the show must go on". So because my broken ankle was still too broken and unhealed at time of IDES MEB, it never got operated on and fixed - so it healed up all wrong. And now I have a VA rating of 10% for that issue. The other issue is 30% for asthma & that PFT was in my records a time of IDES, but the military called it COPD & did not list it at time of MEB/PEB.

Amy, I can't believe all the crappola you have had to go through!

I sure hope you are at the end of the tunnel on this. Hang in there GRRL!

V/R,
nwlivewire
 
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They did the same for me as well. When they looked at my knee they also started to look at the TDIU. Somehow, because I was told it wasn't possible, I also have an appeal in for all the stuff that the VA screwed up the first time. When this TDIU is complete, I intend to try and get everything that DAV had overlooked the first time added to my appeal. I was told that it would be added when they did my C&P but it wasn't accurate. The good thing about Amy moving forward is my case seems to always follow shortly thereafter just like when we were going through the MEB. During the MEB, I was actually able to mark the day for things to change for me from her info, great comfort at that time.
 
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