They say that knowledge is power, unfortunately when you have knowledge of how things should work and they don't it becomes VERY frustrating. What I have found is that the system is "Broken" at the VA and there are no consequence or recourse. The beginning of the MEB/PEB process went very smoothly and I was very encouraged that my case would be completed in a timely manner, then it came to the VA......
****NOTE***** I had a previous claim at the VA for Sleep Apnea that is under appeal since Feb 2015
Here is how my timeline breaks down:
Referral: 2 days ....... -28 days from goal
VA Claims: 15 days ..... -15 days from goal
Med Exam: 23 days ..... -22 days from goal
Med Eval: 8 days ...... -27 days from goal
Informal PEB: 8 days ...... -7 days from goal
VA Rating: 63 days ..... +48 days from goal
Here is where the trouble began. The VA had actually rated 6 of my 7 conditions 3 days after receiving my package from the PEB, but they required a Medical Opinion from the C&P Doc at Hunter Holmes McGuire VAMC as to whether my Tinnitus was duty related (12 years on the flight deck and flight line). It took the VA 18 days to reply and state "Service member is active duty, therefore no medical opinion is required and none will be provided" (I am National Guard not on Active Duty). Soooooo the DRAS (Seattle) re-requests the medical opinion from the C&P Doc at Hunter Holmes McGuire VAMC and it now takes approx. 19 days for them to send a reply saying Yes, it is duty related.
I received my "Brown Envelope" in the mail from the VA stating that I have been found 100% Total and Permanent.
70% PTSD
40% LDS (back)
40% Right Lower Radiculopathy
40% Left Lower Radiculopathy
10% Tinnitus
Sleep Apnea Not Service Connected
PEB Findings: 33 Days ........ +21 days from goal and COUNTING
The PEB has sent a request BACK to the VA to have them rate the Sleep Apnea for PEB purposes. The VA cannot rate the Sleep Apnea for Disability purposes at this time because of the before mentioned appeal, but they can rate it for PEB purposes. The PEB sent the request as a clear and unmistakable error "CUE" as the VA Doc and MEB found the Sleep Apnea as Service Connected (resulted from a drowning incident in Haifa, Israel during Gulf War). Here is the kicker..... when the PEB requests ratings from the VA, the DRAS has 15 days to respond to the VA. If a mistake is found and a "CUE" is issued by the PEB to the VA, your package goes to the BOTTOM of the DRAS priority listing and they have 30 days to respond. Mind you, this is a clear and unmistakable error and it takes 30 days to fix?!?!?!?!?! I realize that I am just a lowly enlisted kinda guy..... but shouldn't you take care of a "clerical" mistake on a case that is already open rather than moving it to the bottom of the priority list and not touching it until the suspense has passed?
Long story short.... at one point I was 99 days ahead of schedule, as of today I am 9 days behind schedule and it all relates to the VA....STILL BROKEN
M21-1, Part III, Subpart i, 2.D good reading if you want to know how the system is supposed to work
****NOTE***** I had a previous claim at the VA for Sleep Apnea that is under appeal since Feb 2015
Here is how my timeline breaks down:
Referral: 2 days ....... -28 days from goal
VA Claims: 15 days ..... -15 days from goal
Med Exam: 23 days ..... -22 days from goal
Med Eval: 8 days ...... -27 days from goal
Informal PEB: 8 days ...... -7 days from goal
VA Rating: 63 days ..... +48 days from goal
Here is where the trouble began. The VA had actually rated 6 of my 7 conditions 3 days after receiving my package from the PEB, but they required a Medical Opinion from the C&P Doc at Hunter Holmes McGuire VAMC as to whether my Tinnitus was duty related (12 years on the flight deck and flight line). It took the VA 18 days to reply and state "Service member is active duty, therefore no medical opinion is required and none will be provided" (I am National Guard not on Active Duty). Soooooo the DRAS (Seattle) re-requests the medical opinion from the C&P Doc at Hunter Holmes McGuire VAMC and it now takes approx. 19 days for them to send a reply saying Yes, it is duty related.
I received my "Brown Envelope" in the mail from the VA stating that I have been found 100% Total and Permanent.
70% PTSD
40% LDS (back)
40% Right Lower Radiculopathy
40% Left Lower Radiculopathy
10% Tinnitus
Sleep Apnea Not Service Connected
PEB Findings: 33 Days ........ +21 days from goal and COUNTING
The PEB has sent a request BACK to the VA to have them rate the Sleep Apnea for PEB purposes. The VA cannot rate the Sleep Apnea for Disability purposes at this time because of the before mentioned appeal, but they can rate it for PEB purposes. The PEB sent the request as a clear and unmistakable error "CUE" as the VA Doc and MEB found the Sleep Apnea as Service Connected (resulted from a drowning incident in Haifa, Israel during Gulf War). Here is the kicker..... when the PEB requests ratings from the VA, the DRAS has 15 days to respond to the VA. If a mistake is found and a "CUE" is issued by the PEB to the VA, your package goes to the BOTTOM of the DRAS priority listing and they have 30 days to respond. Mind you, this is a clear and unmistakable error and it takes 30 days to fix?!?!?!?!?! I realize that I am just a lowly enlisted kinda guy..... but shouldn't you take care of a "clerical" mistake on a case that is already open rather than moving it to the bottom of the priority list and not touching it until the suspense has passed?
Long story short.... at one point I was 99 days ahead of schedule, as of today I am 9 days behind schedule and it all relates to the VA....STILL BROKEN
M21-1, Part III, Subpart i, 2.D good reading if you want to know how the system is supposed to work
