Some Tips for Filing a VA Disability Claim

Question:

Can I claim my hysterectomy? it was only partial but I am receiving rehabilitation therapy because really the surgery only solved the ” dysmenorrhea” but the pelvic pains persist so I get shots directly in the pelvic area once a week.

Thanks

I received a PTSD stress disability from my police dept after shooting a person on duty and getting shot myself.

The employer requires me to undergo yearly assessments with their Dr. to evaluate me even after my Dr. certifies of my continued disability yearly.

However, employees with non-mental disabilities do not have to be reevaluated at all. Doesn’t this seem to be a violation of the ADA?

The re-eval does nothing but extremely aggravate the PTSD. It is a 3 hour in depth psych eval about the situation.

I recieved VCAA letter and they want me to provide treatment forms . I wouldnt even remember what day of the week it is if it was not for my computer. I worked like 5 jobs in the last thirty years and the last one was over ten years ago . Like i remember. I would rather have them just send me a letter bomb when i open it up case closed .

To whom responding to these concerns
I file my claim June 2010, my claim is with the balitmore office. Dec 2010 my claim was in the decision phase, then May 2011 I was push back to development phase, to have C & P exam. As Sept 2011 B-More had all information need. The persons who answer the 1-800 number saying the claim process for B-more is 403 days…as today my claim is at 467. My question is since I was pushed back in delvelopment phase, do that mean I’m at the bottom of the pile again? there are 15K claims over 125 days back log in b-more….base on their report. ….but their report been saying the same amount all year long (to me that number should went down if they doing their work)

To whom it may concern,

I to was duped into the promise of the BDD program that my claim would be processed within 60 days of my ETS. I was medically retired in Feb 2011 from Robins AFB. I went to all of my appointments, got all of my records copied and personally delivered them to the processing office at Ft Benning before my reitrement date. I received a letter from my regional office, which is Winston-Salem, that stated that my claim/application was received and processed on 18 Feb 2011. I went and set up my account for ebenefits and started to track my progress. My claim sat in the development phase for roughly 54 days. It was finally moved to the decision phase where it is still sitting 150 days later. According to the ebenefits website the decision phase, on most cases, is between 16 and 28 days. This number is based on statistics from May 2010. I was told that my claim was not that complicated as everything was pretty cut and dry and I had provided all of the info the VA needed. I have called the 1-800 number several times a week and most of the time I receive the “this number is unable to process your call, please call back at a later time” message. When I do get thru I usually get the person on the phone that has answered one too many VA phone calls that day and cops attitude when I ask questions concerning my claim. I then receive the pre-programmed Blah, blah, blah we are sorry for your issues, blah, blah, blah please have a nice day. As of my last phone call I have not gotten a solid answer as to what is going on with my claim. I now have a DAV rep, and am writing my congressman a letter weekly. Bottomline: BDD does not work as advertised! I have talked to several personnel I knew that have retired after me and the VA reps are still telling retirees, in TAP, that they will get thier rating within 60 days of thier ETS. If the VA knows that is not true why are they still briefing it? Also the timeline on ebenefits website needs to be taken out of the phase narrative so that people do not get thier hopes up. I am hoping that this post does not fall on deaf ears and that someone from this office can help me with my situation since Mr Pamperin appears to have retired.

Sidenote: Personnel, at all levels, who work at the VA need to remember that we are human not just a file number and that without us vets they would not have a job.

Stephen

Hello,

I was informed that my claim was sent back to the Development Stage because they want a medical opinion. What does this mean? Any input would be greatly appreciated.

steal waiting for help and the abuse is continue in VASJPR

To Mr. Pamperin or Mr. Horton,
What is processing time for claims out of San Diego, CA as Sept. 16, 2011?

Thanks,
Latina Starling

In order to confirm “boots on the ground” I had to get a letter from another sailor who sent me ashore in Da Nang on Navy business. Will his letter be enough to establish service connection for an agent orange claim?

if anyone can help my husband find out about his claim please e-mail back. it is a first time claim after 28 yrs in army . not a retiree had to get out due to being a diabetic this month sept2011 has been a year. at rating board for 5 months what is the deal? what a system! thanks k/

Hi to all fellow Vets,
Has anyone had any experience with VA compensation claims related to the Camp Lejeune water contamination studies from the 1970s and 1980s?

Mr. Pamperin:

Let me begin by thanking you for your service, guidance and obvious dedication to our nation’s veterans. After reading your post I am compelled to detail my rather disturbing and frustrating experience in hopes of soliciting some guidance.

I am a 40% service connected Gulf War Veteran. I served in theater (Saudi Arabia, Iraq and Kuwait) in direct combat operations with the 1st Armored Division from December 24, 1990 until May 26, 1991. Then returned to Germany. I also served with Company B of 1-184th Infantry Regiment(Air Assault),29th Brigade Combat Team of the Hawaii Army National Guard from 1998-2002.

In early 2010 I filed a claim for service connection at the St. Petersburg Regional Office related to my Gulf War service for several illnesses consistent with the clusters and symptoms of illnesses outlined in the statutes. Along with my claim I submitted extensive medical documentation and underwent a compensation and pension examination at the request of the regional office. Furthermore, I explained to the examiner I had undergone a Gulf War Registry examination in or about 1994 at the Palo Alto VAMC.

Disturbingly, in or about early 2011, over a year after filing my claim for service connection and several months after completing my compensation and pension exam, I received an envelope at my address that was signed by the St. Petersburg regional center manager requesting that a,”negative response is requested” by the Palo Alto VAMC on a VA-form 10-7131 in requesting the results of my Gulf War Registry exam.

Notably, although my address was on the envelope, the Palo Alto VAMC address was also listed above the address line. Undoubtedly, the form was meant to go to Palo Alto VAMC but was delivered to my address instead. Accordingly, I responded to the form and requested an explanation.

However, instead of an explanation, after several more months of unnecessary delays given the “presumptive” language recently added to the existing statutes for the purposes of facilitating more expeditious adjudicative decisions for the granting of service connection to veterans of the Gulf War, my claim was transferred without my prior knowledge or consent to the Reno Nevada Regional Office where it sat in the development phase for a few more months.

Recently I received a letter from the Reno regional office stating that the results of my Gulf War registry exam are not,”available” and the custodian of records has indicated,”the records cannot be found”. In addition, the letter requests I should submit any additional information within 10-days from the date indicated on the letter.

I submitted a timely response by certified mail in support of my claims and in response to the regional office’s request for additional information. Today I checked the status of my claims on ebenefits and saw that my claims have now once again been returned for the third time to the “development phase” and for some unexplained reason the claim has been transferred to the Cleveland Ohio Regional Office. Distressingly, once again my claim has been transferred without my knowledge or consent.

Mr. Pamperin, why would an obviously favorably adjudicative decision be transferred to three different regional offices and returned to the development phase when by the VA’s own admission all available evidence has been obtained? Moreover, why would a regional center manger request a negative response from a VAMC unless the manager anticipates a favorable response would be adverse for the agency and beneficial to the veteran.

Any help or assistance with my case would be greatly appreciated Sir. My sincerest gratitude and thanks.

Respectfully,

Will M.

It is very wonderfull center

Dear sir,
Thank you for your service to the VA and welcome home! I wish I knew the proper course of action in the beginning, I only found out by accident that I had to apply for a pension prior to asking for A & A. It’s been 105 days so I hope a decision comes soon.
Again thank you,

TRC

Mr. Alex Horton, I know you wont remember me but my name is Charles P. Lamont.
It seems that the only one who will answer my messages is you. I have sent numerous messages asking for help and you are the only one who answered me I am truly greatful. As discussed in my previous messages I had my C&P examination on 31 March 2011 the Va received on 14 April 2011 which is 11 working days. It is now 84 working days and I have not heard anything the the Veterans Administration. Alex, can anyone give me a straight answer on how long it will take be I hear something. My claim has been going on since 25 July 2008 this is the second appeal. I have had many people say that I should use a VSO, well the one that VA gave me was the American Leigon and I have never received any help from them. I have also tried to get help from other service organization and they keep telling me that I need to join their organization before they can help. Alex I will wait for your reply before I try anything else. Any help you can give me will be greatly appricated. Welcome Home and God Bless.

In reply to the individual who says we Veterans are whiners… I am a Female Vietnam Era Veteran (yes, and females volunteer) who has been fighting with the VA for 37 years trying to get my just compensation, all the while dealing with records that weren’t kept ( in the 70’s females really didn’t count in the military) trying to get compensation for military sexual trauma, polycystic ovarian syndrome, and diabetes (of which there was NO TREATMENT FOR IN THE 70’s), getting medical opinions from VA DOCTORS who opined more likely than not the incidents happened (in the 70’s females being sexually assaulted didn’t matter) and STILL being denied because of “constituionally developmental” and pre-existing before military service, even though “anything that manifests itself within one year of discharge is considered serivce connected” and no treatment was done while on active duty (which lead to diabetes diagnosis in 2009). WELL, TODAY I HAVE DECIDED TO BE A REOCCURRING NIGHTMARE TO THE VA.

I have been out for 4 years. I have a permanent profile for (meralgia paresthetica) and it was denied as not service connected disability. How should I pesewa this further?

I have read the same stories coming from the veterans from the Nam era. “Wait til they die ” is the logo of those who get paid and sit on their butts and could care less. What does it take ? For us to get Senator Patty Murray on their ass. For all of us to go to the Directors of each VA office and twist his arm unil he signs them Or better still realistically, ALL THE VIET NAM VETERANS stage a Protest against the V A on the steps of the WHITEHOUSE and capitols of each state and not leave until we get media coverage local news CBS ABC NBC and let our voices be heard, and see what we look like now after we gave this country our innocence, our adolesence, our youth ? Each one of us wrote a blank check to the government of the United States willing to give our life for this country and now they, the government renigs on us. Are they also going to renig on the veterans of TODAY AND TOMORROW WITH LIES,DECEPTION, COVER UPS, RED TAPE AND BOGGING DOWN PAPERWORK ? THE V. A. ACTS LIKE THEY ANSWER TO NO ONE…..WE VETERANS NEED TO SHOW THEM OTHERWISE !!!! I ENCOURAGE YOU TO BAND TOGETHER AS A BAND OF BROTHERS AND SISTERS AND FIGHT THE VERY INFLUENCE THAT KEEPS PUTTING US DOWN !!

First, thank you to all the veterans out there who volunteered to serve in the military. Secondly, I’d like to say thank you for this informative and eye opening blog. I knew the VA had issues adjudicating claims, but wasn’t aware it was so widespread with so many others experiencing the same issues as I have encountered.

When I left the service I never fathomed I would file a claim for anything with the VA. I felt there were others who were more deserving than me and that I could deal with my problems myself. Well…turns out I wasnt the superman I imagined myself to be and eventually I filed a claim.

Currently I am rated at 40 percent for knee and shoulder problems. Took almost 2 years to get that rating. Seemed like every time I submitted the evidence they requested, a month later I’d get another letter requesting something different. What really irked me was why couldn’t they ask me for all the information at one time instead of milking the process along? I had each and every piece of information they requested. Sometimes they’d ask me for the same info again a second or third time! Well, in the end that claim was approved and they paid me retroactively from the initial claim. But why did it take almost 2 years to process? It was a simple cut and dry claim.

Now since then I have filed another claim that I feel is well substantiated too. All my exams, treatments and evaluations have been done at the VA hospital or clinic. I keep giving the regional office all the requested information and I just had another C&P exam in February for this claim as it too has been going on for over 2 years. I thought they’d be close to making a determination by now, but nope. I got another letter requesting more information that they could have asked for a year ago. I’m starting to believe that all this is done to keep delaying claims.

I don’t want to believe that, but it they were not the VA Regional Offices would make sure they ask for all pertinent information to adjudicate the claim right away. Not asking for something new after each time you send them what they asked for in the previous letter. For example in one letter they ask.. “Please send us information on the medals you have received in service” Ok…off it goes. Then another letter comes… “Please send us copies of your orders in regards to mission X” Ok…off that goes. THen another letter comes asking for something else. I mean…come on.

Another thing that really irkes me is how they keep asking for medical information and each time I keep refering them to get my medical information from the Denver VA Hospital and the Pueblo VA outpatient clinic. I am at either one of those two places once a week for treatment or exams. Are you telling me the regional offices cannot see that?

Now, I am happy that I am able to receive treatment and I am thankful that there is somewhat of a system in place to assist the veterans. But I am disappointed in how it does not work well. I am hoping I am at the last stage in this current open claim I have. I actually went to the Denver regional office today to verify myself for access to the ebenefits and to follow up with my claim. Right now it’s awaiting further documentation….which I gave them there on the spot. So, fingers crossed I don’t get another letter next month asking for something else. :P

All I can say to all my brothers and sisters out there is don’t give up.

HANG TIGHT, UNITE, AND DON’T GIVE UP THE FIGHT!

“Thirty percent of claims have taken longer than 125 days….” I’d say so.
I’m already compensated at the rate of 30%, but the VA has employed every tactic, down to disappearing notes from a former VA doctor, Joseph Magliozzi, who diagnosed me with PTSD on December 1991/January 1992. The record of my visits to him still remain, but not his notes. He even wanted to hospitalize me for a study he was conducting on how PTSD affects men and woman differently. Professional Medical Associations have been even worse in not helping to find him. Probably wrongly assuming that I want to sue him or something. Other records have mysteriously vanished as well. The very records which were used to arrive at my present 30% disability rating. Specifically records attesting to the two (2) incidents of closed head injury at the same time that my present disability injuries/wounds were suffered. My MRI shows “hemosiderin and calcification of my bilateral globus pallidus” (NOTE: PRIMA FACIE EVIDENCE of closed head/traumatic brain injury) VA Doctors attest to my
history of closed head injuries- at age 19 and at 20 within 14 months of each other- but the VA has dragged this one for EIGHT (8)YEARS- count ’em- EIGHT YEARS. I think they are wanting me to DIE so they won’t have to increase my service-connected disability awards. This at a time when VA executives received FREAKING BONUSES for saving the VA money- read for DENYING BENEFITS TO VETERANS. Is it any wonder so many people go berserk and do strange stuff out of sheer frustration?! Who would ever think our OWN COUNTRY would be one of our biggest obstacles!

Tom Thank you for your service in Viet Nam. I recently recieved a 30% for IHD from the Columbia SC RO and had a claim for back injury returned to development for the 2nd time, Also I applied of disability for exposure to agent orange ( C123 crewmember and slid around in agent orange on the airplanes) in Mar 92 and was denied. Any Idea why the claim did not go back to 1992 vs 2009 ?
Thanks 2910

I agree with Win Reither, Tom. Great advice! Wish I had received this advice when I retired back in 1973. I stumbled around on my own until I found a way to make contact with the VA. Long story shortened, I went to a VA doctor and requested a physical exam for the purpose of establishing a VA disability rating. The 3% rating offerred by the doctor who performed the discharge exam (which I flatly refused) was a joke. The VA doctor pronounced my service-connected disability as 60%. I dealt with the agony of post-operative surgery on my spine for several years, but gave into it and had to resign my position as a Civil Service Manpower Analyst (GS-11). After four years of mountains of paperwork, more physical exams and an officiel Appeal, the VA pronounced me to be “individually unemployable” and my rating was changed from 60% to 100% IU.

My experience in dealing with the government caused me to take up the difficult task of a “grass roots” supporter of legislation affecting disabled veterans. My indivudual efforts on behalf of my fellow veterans brought me to an association with three other permanently disabled veterans who were fighting the same fight. That wee group of determined veterans worked voluntarily out of the website CRLegislation.com, which later evolved into a political action committee (VETSPAC) at vetspac.com.

There’s an old expression, “C-4 comes in small packages, but packs a helluva wallop!” That small group of four was very instrumental in getting our Federal Congress to pass a law which permitted veterans categorized 50% or higher (VA) to receive their earned retirement pay and their awarded VA disability compensation, concurrently.

We have added these valuable “tips” in a link from the VETSPAC website. VETSPAC continues to assist our disabled veterans. I relocated to Hawaii about 4 years ago and I have found several issues that affect veterans way out here in the middle of the Pacific. I am presently working closely with state Senator Maile Shimabukuro on a bill which would provide an exemption of the annual vehicle weight tax for permanently disabled veterans(Senate Bill SB-103/House Bill HB-1501). Hopefully this bill will pass in the next session of the Legislature.

Im also attempting to make it possible for our veterans who are patients at the Matsunago Clinic to receive their Beneficiary Travel Reimbursement on the day of their appointment. The system in use today requires a wait-time of four months or longer to receive payment of travel claims.

I had the opportunity to meet face-to-face with General Shinseki at a fund-raising dinner here in Hawaii. When he learned that I am a Korea and Vietnam War veteran, he started up a meaningful conversation. As you no doubt know, the General lost a foot in Vietnam. Before we broke away, he asked my wife Cathy if she would like a photo taken with him. Jaws were dropping all around us; no one anticipated his offer! The General handed me one of his Challange Coins and I gave him one of mine. We did not discuss VA problems, but I personally believe that he is making a great deal of headway in his effort to provide care to all veterans who seek VA assitance. He recently stated that with about 99K claims being filed each month, the task is formidable.

Welcome home to all my fellow veterans. Patience is a worn our word, but that’s just what it takes when it comes to our earned benefits. Hang in there.

tom pamperin sir i need help. the va cant find my records from early 1970s at la jolla vamc. please help bud

I have to constantly reminding myself to not to base my life by what I see.
I so far I see my waiting period is getting really long.
I’m now in the decision phase and my waiting time is now double the average.
I’ve been out of work due to my disability 9 months now. I need the VA’s help more than soon.
There are others Im sure with more troubles than mine. But I remember that it is God that will
provide for me. I/we have to stand on this fact or we will live in disappointments.

Now I’m speaking to the mountain… In Jesus name help is just around the bend.
May God Bless all those that help us. God blesses us so that we may be a blessing to others.
Faith is the currency of God.
Love Mike DAV

To all you good people who say they will help you thanks for nothing. I am getting tired of hearing the same this over and over you have to be patient. I am a very proud veteran who gove almost 27 years in protecting my country on to be screwed by the veterans administration. I really wish that some one would answer my messages even to tell me to stick it in my butt. I love all my brothers and sisters who have put their lives on the line for their country, however I wonder how come all the other veteran get better treatment than the Vietnam Verteran. As you may already know that there is over 2500 Vietnam Veterans who die every day and never get their claims approved. I just wonder when my number will come up I know VA hopes I will give up or die befor they do anything besides disapprove my claim. I know that no body will answer this message so good by and bless all my brother and sister veterans.

I filed for PTSD based on combat in Vietnam. I received no individual awards. The C&P psych as much as said I was lying even though I had all the dots connected to a specific ground action in which we killed 100+ NVA sappers and were on the brink of being over run. I received an SC for PTSD 1 year after filing. I am filing a NOD as I believe it should be higher, but I am very satisfied with what the V.A. has done, is doing and I’m sure will continue to do. I’d like to give a BZ for the hard workers at the VA. People suck, you only hear complaints and not “atta boys”. I did what I had to do and they are treating me fair. Well, except for that C&P assshole…..

WOW…a lot of info here!! It is nice to see some personal attention being paid to vet concerns!

Quick question. This may have been covered earlier, but I simply don’t have the time to go through each individual post on here. I apologize if this has been asked previously.

I have received my VCAA letter. in the letter, they show that they have a copy of my VA records, which is great, due to the majority of my care regarding my claim has been through them. However, they do not say that they have any of my military treatment records. I have a copy of these records, so should I send that information with my response to the VCAA letter? If so, should I send only the pages that show evidence of the condition, or the entire record?

Once again, thanks for taking the time to answer the concerns posted on here.

Mr.Thomas Pamperin:

I have filed a claim on Jan. 27, 2010 and now it contains a 1151 claim attached to it (by the VA) which has been made a part of the original claim. I was told via telephone by the VAMC here in Shreveport to file this 1151 claim as a result of some bad doctoring and a “Peer Review” investigation.

In February 2011 I was told they had all the info they needed for a decision and it would take from 14 to 27 days to make a decision. After about 20 days I got a letter that stated that they needed 2 more documents. I promptly sent them and them and they acknowledged receipt and told me it would be another 4 months to make a decision. On April 13 I was sent an email that stated “It appears all information needed to support your claim has been received as of April 4, 2011, as your claim is currently awaiting a decision.” Also it said “The Decision Phase is completed on most claims between 16 and 27 business days.”

I ask another question via IRIS and received the following on April 15, in part it reads: “We are aware of the 1151 and it is part of your claim. Your Regional Office must develop for all pertinent evidence in order to make a determination as to whether or not benefits for the claimed disability or death are warranted.

The Regional Office will send you a letter advising you of all evidence that is required to substantiate the claim. This letter will also inform you of the specific actions the Regional Office is taking in order to make a proper decision.

The Regional Office will contact the VA Medical Center or Clinic for all pertinent records related to the treatment/examination/event and the claimed additional disability.

The Regional Office will attempt to obtain any other medical evidence (such as private treatment records) that the veteran/claimant identifies as being relevant to the claim. Please note for private treatment records, we require a completed VA Form 21-4142, Authorization and Consent to Release Information to the Department of Veterans Affairs (VA), in order to request the records on behalf of the veteran/claimant.

When all pertinent evidence concerning the VA treatment and disability are received, ROJ may request a medical opinion to determine whether or not the veteran’s additional disability or death was proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or similar finding of fault on the part of the VA, or was proximately caused by an event not reasonably foreseeable.”

Because of this type of service and communication I do not plan to appeal anything within the framework of the VA. I am advised to talk to you before I take any further action, however I do not have any idea who to talk to or how to reach them.

You apparently have info from the VAMC about the “PEER Review” that resulted in the VAMC telling me to file this 1151. At least you say you have everything you need to make a decision. I do not have any info about what was submitted to you by the VAMC.

As a result of the mentioned “Bad Medicine” the quality of my life is now at the very bottom and my life expectancy has been severely impacted. I am now 100% disabled and any other decision on your part would be ludicrous.

My 15 year experience with the VA has been really nice except for this current life ending experience.

Sincerely,
Norman Rose 2344
Claim number: 20 342 758

Maybe someone can help me. I have a 80% rating, my left knee was messed up 45 years ago and last year I had to have a hip replacement due to arthritis. I was told this was caused by me favoring my knee. Do I have an avenue to try to get an increase in my rating? I cannot hold a job due to the pain and limited physical abilities. I am 65 years old.

1. Communicate, communicate, communicate”

Why do veterans get run around concerning questions and conflicting information about their claim when contacting the 18008271000 or when iris response is done? How come the people actually working the claim are not more involved with the claimant? This is customer service talking and resolving problems and concerns the veterans have. I would think this could help both the veteran and VARO’s with claims.

“If we are not clear or you think we have made a mistake, let us know so we can both fix it, and provide a learning opportunity for our staff to serve other Veterans better.”

Ok then today I will try contacting the RO and see if this is actually how the VBA really works.
I just got off phone with public contact at the Winston,Salem VARO and they are going to look into all this. I could tell by speaking they were not happy I was contacting them directly. They assured me they would look into my question and concerns. I know that the VA backlog is overwhelming.

However, when you are the veteran waiting for claim adjudication and have first hand knowledge of the impact of the service connected disabilities on your life. You feel customer service should number one on the list.

Tom,

I need to thank you. Back in January I wrote you about my claim after waiting a year. The very next week I receive a letter from Baltimore to schedule me a C&P Exam. After nearly a year waiting, you managed to light a fire and get those in Baltimore working. Thank you, Thank you, Thank you. Unfortunately, I haven’t heard from them since. eBenefits says my claim is in the decision phase. But it also said that for many months before. Might you check on my claim again. But please try not to upset the rater. I am forever grateful.

Patrick [F1332]

Dear Mr. Pamperin:
I know you are very busy and believe you are trying to help veterans and the backlog of claims…Thank you for that…
I filed in august 2010 for PTSD and had a c&p on Jan 7, 2011.. As of this date, I have not heard on the status of my claim. Is there really any attempt for ALL regional offices to decide claims quickly, or is it only those regional offices who are located in LARGE CITIES???
My claim is being handled by the Columbia, SC regional office and I have heard “horror” stories from other Vets who has claims pending there and it is the general concenses from other veterans in this area that their “orders” are to delay, delay, delay..
I hope this is not true and if it is, they should be fired!!!!!!!!
I expect that if you youtact them about my claim, it will suddely get “lost”
Respectfull,
Steve

Well here is something new. Had an appeal in for a year and had no answer then a couple weeks ago I received a new form for appeals and a statement of whether I still wanted to appeal and if I did send in the new Form 9 again. While reading the statement of case they where once again missing VA medical records and claims from 1992, 1993, and 1994 with Mr. Pamprin’s signature on them. So I sent these back and then received a letter that they where scheduling a C & P exam just because I had in an appeal and they needed it to send to the BVA. So this will be my first C & P since I filed claims in 1992. If my VSO back then would of told me that you have to get the law involved (BVA) then I could of had my claims done by now. Being that a C & P was schedule in 1993 and I had to cancel because of weather and when I asked to reschedule they did not because Mr. Pamprin and crew decided the claim with out it. Just some more CYA by the VA to cover incompetence and an excuse to avoid back pay. I also wonder if this starts the 2 year wait to have my case heard by the BVA. I might get mine done in time for the 2015 that they are stating as the we are all caught up year.

contrary to popular belief i do really think that the va is geared towards helping vets.i have filed for benefits with an awesome vso officer GEORGE BOSOLET and all i really did was show up and follow instructions and though it took about a year for the va to make a decision the process was seamless and favorable so i don`t want to beat up on the va too much but like everything else there is a whole lot to be done to improve the service e.g the turn around time could be sooner it is currently too long and that in itself can add to an already stressful process.To all vets however i must insist that you retain the help of a vso officer or someone qualified to assist you don`t do it alone these folks are familiar with the process and the language and really want to help vets they will take on the va for you too should you have a denial.vets must understand too that there are criteria and if you don`t meet them you simply can`t get an award speak with your doctors and your reps get it right on the first try.lots of great info here though really enjoy reading all the comments.

As of March 30 it will be a year since I filed my claim. When I call they are telling me that it is still in the discovery phase. I am having an issue with this as all my paperwork has been turned in. My daughters live in germany and I only get to see them once every two years but if the va doesnt hurry up and make a decision I will not get to see them as I cant afford to pay to fly them home if I dont have income coming in.

I honestly think that VA would serve the Vets better if all of the Vets had a contact person.

I am a Vietnam-era Air Force veteran. My disability claim was fled on 29 Sep 2009. And, since that time the VA lost a set or two of my medical records despite having receipted for them earlier. Each month the lost records would miraculously be found, but a different set would be lost. Finally, after some intervention by my U.S. Congressman, the VA stopped losing my records.

But, the VA then started the game of bouncing my claim between “development” and “decision”. The VA did this at least two documented times, each time the decision team found a different excuse to bounce it back to development. Following is the summary of the last two times my claim was sent to “decision” and bounced back to “development”.

On 1 December 2010, I was told that my claim was “Ready for Decision and is with the rating specialist”. But, the very next day, on 2 December 2010, the VA informed me that my “claim was returned to the development phase while [the VA] makes a line of duty determination regarding a vehicle accident that occurred while traveling to reserve training.” The line of duty determination is the exact same issue for which I was told was resolved in August 2010. Apparently, the VA either did not read, or conveniently lost, the definitive proof provided to them in August 2010. Therefore, I resubmitted another clarification letter in December 2010.

On 10 February 2011, I requested the status of my claim. On 11 February 2011, I was informed that my claim was sent to “decision” on 25 January 2011. But, on 22 February 2011, my claim was again bounced back to “development” because they interpreted my “clarification letter” as showing that I claimed additional disabilities. However, my support statement did not mention any additional disabilities. Although, page 2 of my statement mentioned a Functional Capacity Evaluation (FCE) conducted by Social Security Administration in March 2010 and submitted to VA in September 2010.

Therefore, it is readily apparent that the December 2010 “decision” team ignored the FCE (submitted in September 2010). This is not the first time VA either ignored, or conveniently lost, my submitted records.

Now I know why there is such a large backlog of claims. The VA has found a loophole to prevent from being sued. Apparently, as long as they don’t make a decision, veterans cannot APPEAL or SUE the VA. To me, this sounds like Fraud, Waste, and Abuse. But, it seems that the VA is exempt from this as well.

Mr.Tom Pamperin
I was in a car accident in June of 2002 while in Airborne school that I was hospitalized and had emergency surgery for. I have no memory of the accident or ever evn being in the hospital. not long after the accident I noticed that I was having short term memory problems, severe migraines, lower back and shoulder pain pain in my right knee and ankle. I filed a claim for all but only received 20% disability. I still have all the pains and memory loss to this day and decided to go to a local chiropractor recently and she explained to me that my right hip was twisted, causing my right foot to stick out at a 45 degree angle and that this could be why I was having the back, knee and ankle pain. Should I resubmit a claim for my knee, ankle and memory loss?

Tom,
Thanks for this article. It really taught me alot, about the flaws in the system. I know that you are trying to make the system work better, and you probably learned a few things too. I feel sorry for you, that some of the blogs attacked you. I’m sure, that you didn’t deserve to be written to,or attacked in that manner. Thanks for the time and effort you put into this, which is truely above and beyond. It has truely been the best blog on the site.

I filed for disability in 1992-1993 and received a 10% rating. Now I have more health related problems that were not included in my original claim. How do I apply for reconsideration of the initial determination and include my new problems?
I fell off a rooftop during my service time and injured my knee, I got out of the service for problems from that injury. Now I am suffering from a disabling spinal issue, have had numerous surgeries and my civilian (NON VA) surgeon has rated me 100% disabled and unable to work, drive, etc….They cannot rule out that my condition was worsened or even caused by my time in the service.
How do I get the VA to reconsider my initial claim and include new doctor information in the hopes my disability rating with VA will be increased?

Mr. Pamperin,
Thanks for your website, information, and advocacy for veterans.
Just wanted to share my timeline, it may help others to gauge their own.
– 18 June 2010 – submitted my claim to Wash DC office, with complete and legible copies of my med/den records. Benefits During Discharge Program.
– Jul/Aug 2010 – attended 5 different exams/physicals at the Wash DC VA Hospital. Made all the appts, never cancelled or rescheduled.
– 01 Oct 2010 – my retirement date from the USMC. I ensured the VA had a copy of my DD-214, so as not to delay claim.
– 27 Oct 2010 – my claim goes to the rating official.
– 15 Feb 2011 – my claim is still with the rating official/Winston Salem regional office.

So, my timeline is:
– To date, 240 days since claim was submitted to VA.
– To date, 110 days with the rating official.
– Still no decision.

I’ve recently written letters to the Vet Benefit Administration, and the Winston Salem Regional Office, inquiring on the status and requesting to be contacted. I also monitor EBenefits and occasionally call the 827-1000 number.

Good luck to all.
Semper Fidelis.

Dear Tom,

I wanted to first say thank you for all your service to our country and your comrades. I am new to this and I have finally decided to file for VA benefits due to 2 horrible circumstances that began while in the military and continue to make my life almost unbearable at times, but at 41 and these wounds not coming from enemy fire, the sting is almost worse.
I served in the Air Force from 1992-2001, as a pharmacy technician. It was a fun job. However we were constantly told that when we dispensed meds form our dispensers, many of the products had residual effects that could cause Cancer among a slew of other things but hopefully would never happen, but could. We also handled Chemo drugs with our bare hands which we all knew could cause cancer when touched.
Let me start back in 1995, my right foot began to tingle and was having trouble, out of the clear blue, my right foot always felt uncomfortable along with I personally noticed that my gait began to shift, but thought maybe I was being over reactive.. I also taught aerobics at the fitness center along with participating in classes in the evening. What I used to be able to do during step aerobics was now becoming harder and I even tripped over the lowest step a few times. I also noticed that when I got off an exercise machine, I could not walk right away; I had to wait for my foot to relax. We left Germany in 98, I was pregnant, and while staying in TLF, I fell getting into the shower face down and had a deep, dark bruise from my neck to my ankles, luckily the baby was fine. My fatigue continued but blamed it on the pregnancy but once Lindsey was born, the fatigue got worse even with naps and extra sleep at night. I also noticed that my right foot would sometimes walk very heavy when I was fatigued/tired. My husband was also in the military and we both decided to get out in early 2001. As each month passed, my right side got a teeny bit worse. I worked in the pharmaceutical sales industry and when ever I would talk to my neuro friends, they would say it could be MS, MD, or ALS, I was too afraid to find out but at the same time my quality of life was slowly diminishing. In 2004, I realized that when I walked in sandals my right big toe would not move and was soon diagnosed with foot drop. Also in the middle of 2004, my daughter was waiting for me at the bottom of the stairs and I ran up stairs and because of that toe, broke the bones around my left eye and got two dark black eyes. I needed to get into the Doctor at Ft Belvoir, but the only doc who could see me was a Richard Dombrowski, DO in the ortho clinic. He watched me walk in the clinic all the way down the hall and said this was an easy diagnosis, I HAD MULTIPLE SCLEROSIS. I was devastated. He knew this so quickly because he was one of the people in charge of the MS clinic for the ARMY so he had been doing this a very long time. He is now at Ft Sam Houston, I immediately had a spinal tap; my IgG was high but nonspecific. When we finally had the MRI, the plaques showed up. Unfortunately those plaques were seen in the C-Spine which is such a small area but was the area that effected by ability to move. In Jan 2005, NNMC officially diagnosed me with MS and although I still do not have a massive amount of plaques they are continuing to show up and also affect my cognitive skills. My life now consists of with a cane sometimes a provided wheelchair, My Neurologist who officially diagnosed me documented that my MS started with those first symptoms 10 years earlier while active duty in the military. Besides the fact that I had to go out on disability, long term know, I can never and have never been able to be a room parent or go on a field trip or take a long walk, heck even a short walk, and I no longer can ride a bike. My husband and daughter always include me, but I am now the official holder and watcher. I fall almost every day; I have for the past ten years and often do it in public places. I have lost a great deal of my bladder function and my ability to hold in #2. When it is ready it is ready. I take Detrol for this. I also take provigil but I am still exhausted. We live in Northern Virginia where all the houses are 2 stories. We bought a house on the smaller side but it takes me a good 10 minutes to get up the stairs. When I get really tired, which does not take long, I fall. 2 months ago, I fell backwards down the stairs and had a concussion and for a short time was asking my daughter who she was and that made me feel horrible because she was terrified. My gait is completely off; I have a terrible time walking. My cognitive skills are starting to go downhill, making rational decisions, my memory sometimes looses itself, I have terrible spasticity in my right leg almost regularly that makes me often need the help of someone else to help bend my leg and with that spasticity comes a weakness on my entire right side including loosing the ability to hold anything in my hand, to include utensil or writing instrument. I was just told last month by my neurologist that my right leg has atrophied and that I need to get tested for what she believes I have, optic neuritis.
Now comes the good stuff, remember when I first told you how working in the pharmacy caused a great deal of contact with Carcinogenics, well that was all I needed to allow all of those carcinogens to run rampid in my body and in the same year as the MS, 2005, I was diagnosed with Stage 3 breast cancer. I was only 35 at the time and already had so much on plate. I did not have the gene but I needed to be treated aggressively, hard core chemo first and then surgery. I had over 7 rounds of death like chemo with horrific vomiting and 2 weeks through all of this in the hospital for neutropenia that could have killed me. The chemo made my bones hurt and I am still treating my MS. After the 7th treatment, my body went into septic shock and was placed in the ICU for 2 says, they told my husband it was a good thing he brought me in because my organ were very close to shutting down with my 105 and climbing fever.. Once I was better and removed from the ICU, I was then diagnosed with a heart condition that there is no treatment for, either sudden death or tachycardia. This condition was one that I was probably born with and only be detected through tachycardia or a stress test, which I had many throughout my military years and they saw nothing. Interesting. Once my Chemo was complete, I was ready for my radical mastectomy. I had my Centinal node removed with other lymphnodes. This arm where the lymphnodes were taken out, this arm can never be used for taking blood, blood pressure and other circumstances that could possibly cause permanent arm edema. After my mastectomy was done and an expander was placed in the area where my breast once lay. The morning after my surgery, my plastic surgeon came in to check my dressing and I was purple from the neck to the bottom of my rib cage. She took me back in for immediate surgery. I had large, thick, blood clots, the size, and consistency of baseballs and they could not find the source of the bleed even after they scraped out most of the tissue. They placed the expander back in and after the first time of adding nacl to the expander, the expander began to thin out my skin to the point where my skin was beginning to tear, and the expander was ready to come through. So back I went in for surgery, to take out the expander. I waited an additional year to have anything else done since I was not ready for anything but a positive result. At this time, OIF was only doing plastics at NNMC so I was as outsourced to Georgetown where I was very blessed to get a doctor who could make my breast look similar. I had a DIEP flap that involved cutting my stomach from hip to hip to remove an artery on each side and connect those arteries to my new breast . I had to stay in the ICU for 3 days before step down therapy. I know have a large scar across my stomach, from hip to hip that was done due to the breast cancer, a scar around my entire new breast that is definitively not symmetrical and huge holes on the side of the new breast from the drain. I will never have back the body I had, however thankful I am alive. Since my breast cancer was HER2, estrogen based, I had to take tamoxifen, another poison daily for five years. I recently hit my five year mark and since I am no where near menopause, the original cancer has to be prevented from coming back, I have to surgically have my ovaries out to push my body over the edge into menopause, a natural occurrence but not natural for my age. I heard that this process of pushing my body will be horrible and intense.
In Pharmacies today there are many protective measures in place to ensure that employees are not exposed to carcinogenic or other dirty drugs. If these measures could have been taken when I was in the pharmacy, I can just imagine how life would/could/should now is, unfortunately, I have to live the horrible consequences.
I do believe that these two disease’s, one alone could push someone over the edge, has caused me to experience PTSD, The NIH characterizes PTSD as “Post-traumatic stress disorder is a type of anxiety disorder It can occur after you’ve seen or experienced a traumatic event that involved the threat of injury or death”. Unfortunately I deal with this everyday. A perfect example was I left the mall yesterday late afternoon and because I lose my balance and fell, I tied 3 times to get back up, unsuccessfully of course, and I was in the middle of the parking lot crying, I also cry a lot and have one person pity parties for one, but mainly because this is what my life has become. Finally a nice couple came by and helped me up. When the wife first came over, I asked her if her husband could please come over too because “those without MS don’t understand that when I fall, I become dead weight and it you are not strong enough to pick up deadweight, then it will be impossible to get me up. This couple came by to help me after 2 other people had walked by because they probably assumed that I was drunk because that is what I look like, but you can’t change others.
Before my daughter was born in 1998, I was told by the military and it was documented that my pelvic bone was too small for natural birth. Unfortunately the civilian hospital did not pay attention to them or I and nurses made me push hard for over 5 hours, leaving bruises all over my ribs. Once the doctors came in they still did not care and were determined to get her out and she was efface, the doctor was pompous and tried both the vacuum pump and the forceps to pull her out. The finally gave up, acting angry at me and did a C-Section. That was inappropriate and unnecessary behavior
I am now on long term disability and have applied for SS. However, because we live where we do, not by choice, we cannot even afford the extra money for a chair that could take me up the stairs. I am sorry for the long winded message and I thank you so much for your service, but my life is forever negatively changed to include ongoing depression, self inadequacy and a dependency on others that I would never wish upon anyone. Please let me know wHat you thinK

Wendy Turner

Tom, Let me first say I’m sorry for my harsh and rash replys to you and your diligent work that you supply to us veterans of all wars. It’s so frustrating not knowing or getting questions answered from my local RO (Pitt. Pa.).I’m again requesting your services to look into the status of my appeal and anything you con do to speed things along. File#27267681.Last four 7548.Again I’m sorry for my actions.Respectfully Gregg F

Mr.Pamperin

I wanted to thank you for taking the time out of your busy schedule to reply and help my fellow Veterans! I understand the claims frustration as i am having problems myself. It has been a breath of fresh air to have a man of your status clarify some needed answers.VA seems to be headed in a positive direction!

MIKE

I AM A 100% TOTALLY DISABLED PHYSICIANS ASSISTANT WHO HAVE BEEN TOTALLY DISABLED FOR 10 YEARS. I M ON SOCIAL SECURITY AND I HAVE PRIVATE DISABILITY POLICY THAT I COLLECT ON. I OWNED AND OPERATED 2 MEDICAL CLINICS AND PAID MILLIONS IN TAXES. I HAVE BEEN DIAGNOSED WITH LUPUS, SJOGRENS AND FIBROMYALGIA AND RAYNAUDS AND HAVE HAD BOTH HIPS REPLACED AND THEY ARE ON RECALL. I HAVE A HOST OF ENDOCRINE PROBLEMS THAT A WHITE MAN IN HIS EARLY FORTIES SHOULD NEVER EXPERIENCE. I AM A CAMP LEJEUNE CLAIMANT. I LIVE IN RICHMOND KY. 90 MILES FROM LOUISVILLE. TODAY I JUST RECEIVED A NOTICE THAT THE VA HAS RECEIVED MY SECOND CLAIM FILED IN EARLY OCTOBER. THERE ARE 200 CLAIMS THEY ARE PROCESSING PER THE PAPER, BUT I AM SURE IT IS HIGHER NOW. IT HAS BEEN A YEAR AND I HAVE NOT HEARD ANYTHING BUT THEY HAVE MY FILE AND THEY ARE BEGINNING TO EVALUATE BUT NOW I HAVE A 30 DAY PERIOD TO GET THE REST OF THE INFORMATION IN OR THEY COULD RULE. I SUBMITTED OVER 900 DOCUMENTS FULL OF RESEARCH AND MEDICAL RECORDS AND NEXUS LETTERS. I HAVE A CHOICE TO HAVE THEM EVALUATE IT AS IS OR WAIT AND SUBMIT MORE INFORMATION. WELL I AM GOING TO SUBMIT MORE INFORMATION YOU BET AND I AM THOROUGH. MY QUESTION IS, HOW MUCH LONGER WILL I HAVE TO WAIT IF I CHOSE TO WAIT TO SUBMIT MORE PAPERWORK THAT WILL TAKE ME 5-7 WEEKS TO PREPARE AS I HAVE HAVE MY BROTHER TO DO THE TYPING AND RESEARCH. I CAN NOT WAIT ANOTHER YEAR TO HAVE A DECISION. I SPENT OVER 50,000 DOLLARS LAST YEAR FOR MY MEDICAL CARE ALONE. I CAN NOT SUSTAIN SUCH OUTLAYS LIKE THIS ANY LONGER. ALL I ASK IS A FAIR SHAKE, I HAVE BEEN PATIENT FOR A YEAR, BUT I AM COMING TO YOU FOR SOME KIND OF REALISTIC EXPECTATIONS OF WHEN MY CASE WILL BE DECIDED. IT IS A VERY COMPLEX ILLNESS.

THANKS
JIM MORELAND PA-C, MHS

After 20yrs 9 mos and 6 days. History, Jun 22 1993, Form SF 600, Dr. Mighell of Kings Bay, to Dr. R. Boehme, Neurology NAS Jaxs. Somnolence now occurring 3-4 x 1 week up to 4 x 1 day, usually sleeps well at night for six hrs, sometimes wakes up thirsty. (Note: This visit was the first recorded number of sleep episodes). Aug 6, 1993. Sleep Disorders Center MLST, Narcolepsy Likely; because of the presence of three sleep-onset REM periods. L. A. Smolley, M.D. Certified, American Board of Sleep Medicine.
Aug 30, 1994, patient on several occasions has fallen asleep. On several occasions, he has fallen asleep while sitting at stoplights. It seems to have manifested itself over last several years and has become progressively worse.
Mar 31 1995, I was s/c for idiopathic daytime hypersomnolence and medically discharge with 20% disabilty based on the navys evaluation for at least 2 minor seizures in the last 6 months form the navy. Placed on TDRL On Mar 31 1995 with a Disability rating of 20% under V. A. Code 8199-8108 for the Diagnosis of Idiopathic Daytime Hypersomnolence. Oct 18 1995, VA OPC Jax’s FL, established diagnosis of narcolepsy, MSLT conducted Aug 5-6 1993 results mean sleep latency 3 min, 3 sleep-onset REM periods, MSLT likely representing NarcolepsyI filed a claim for when i retired and recieved a decision on Mar 18 1996 20% granted for idiopathic daytime hypersomnolence from the VA. TDRL Evaluation on Feb 20, 1997 at NAS Jacksonville Naval Hospital. Physical Evaluation Board Panel reviewed case on Apr 22, 1997, found unfit for duty because of physical disability Ratable at 20% under V. A. code 8199-8108, that was considered permanent. TDRL report indicated the member’s systems have gotten worse since placement on TDRL with two to Three sleep attacks per day despite treatment of Cylert. If such a rate of sleep attacks can be documented, then a rating higher than 20% would be warranted under V. A. code 8199-8108-8911. Such worsening indicates that the disability has not stabilized. Sep 06 1997, VA, Dr. A Herbert, C&P exam results, episodes of narcolepsy were occurring 3-4 times per day, currently 2-3 times per day, symptoms not improved on either Ritalin or pemoline. Patient episodes of narcolepsy as well as hypersomnolence is affecting ability to perform his job and affecting his quality of life to a moderate-to-severe degree.
Applied again, recieved another decision on Sept 8 2000, VA exam notes complaint of fatigue occurring 6 to 7 times per day with blurred vision. Exam opined hypersomnolence was most likely related to his medication, may contribute to poor sleep at night. When continuous meds is necessary for control of seizures a min of 10 percent assigned. The evidence shows a history of episode occurring 6 to 7 times a day 20% eval is confirmed and continued. Feb 5 2010, 20% eval continued, evidence of record failed to sho that it meets the criteria for a higher evaluation. Evals for seizures are based on frequency of seizures (sleep episodes). Diagnosis of idiopathic daytime hypersomnolence occurring 7 times per day. Sep 15 2010 decision, Sleep Dr states that you require both ritalin as well as provigil in order to maintain an adequate level of daytime alertness. Records from VA Medical center gainesville reports, there is no objective evidence within these records to show that a higher eval is warranted.
As you well might know that the rating for narcolepsy is shown below.

The Epilepsies/Narcolepsy Rating

8910 Epilepsy, grand mal. Rate under the general rating formula for major seizures.

8911 Epilepsy, petit mal. Rate under the general rating formula for minor seizures.

Note (1): A major seizure is characterized by the generalized tonic-clonic convulsion with unconsciousness.

Note (2): A minor seizure consists of a brief interruption in consciousness or Conscious control associated with staring or Rhythmic blinking of the eyes or Nodding of the head (“pure” petit mal), or Sudden jerking movements of the arms, trunk, or Head (myoclonic type) or Sudden loss of postural control (akinetic type).

General Rating Formula for Major and Minor Epileptic Seizures:

Averaging at least 1 major seizure per month over the last year 100

Averaging at least 1 major seizure in 3 months over the last year;
or more than 10 minor seizures weekly 80

Averaging at least 1 major seizure in 4 months over the last year;
or 9-10 minor seizures weekly 60

At least 1 major seizure in the last 6 months or 2 in the last year;
or averaging at least 5 to 8 minor seizures weekly 40

At least 1 major seizure in the last 2 years;
or at least 2 minor seizures in the last 6 months 20

A confirmed diagnosis of epilepsy with a history of seizures 10

My question is what am i missing, am i not reading the requirements correctly or what, even my VA rep ask what are they looking for. Could you please help me out. I have filed a claim for Clear and Unmistakable Error CUE, because of the mistakes that have been made, concerning systoms and episodes of sleepiness i have. I awaitg you answer.

John J. Jamason Reply:
January 10th, 2011 at 2:18 am

It is very hard for me to add to John’s post. He has covered it all for me. I am aslo dealing with the St. Pete, Florida bunch and hope to live long enough to receive my fair claim for military service.

@TOM PARPERIN
Mr. Parperin, why is it that I have to go to the extremes to get justice, there is no justice in Columbia Regional Office, just one level of untruths throughout the chain of command, all the way to the top. Does it take seeing the Columbia Regional Office on CNN, or MSNBC to eventually get your office to see the file yourself, and say, oh damn, he was telling the truth. I recently requested the congressional liason send a inquiry, asking specific questions, where they had the evidence already just to see if the Regional Office director would tell the same lie, he did, a lie based upon that congressinal liason had in his hand evidence contrary to what was written.

I’ve asked for my file transferred to another Regional office, denied, I’ve complied with text evidence, and nexus, now the position is that even with new and material evidence, they won’t consider my claimed items, because in doing so, someone has to blamed for ignoring the evidence at first hand. It is indictable that the staff at the Dorn VA even thinks that you are unfairly ajudicating me, i.e. saying i wasnt diagnosed with issues, and the VHA clearly says that is false, so your regional office is indictable by the on campus hospital.

So if its going to take what I originally promised I wouldn’t making this regional office subjective to judgment by the national public, then that is what it will be, but I am hoping that it won’t take that much, at least if you police your own, it won’t damage the opinion of the whole VA in Columbia, just those who don’t deserve to work there.

Your facebook representative contacted me, and promised that someone would call by last friday to see if we could get some resolve, but resolve hasn’t happen, and no phone call as well. I have dedicated my energy to seeing Mr. Hawkins unemployed for providing a written document to a Congressman knowing or should have known that it was false. I am seeking to remove any and known named previous rating person and supervisor, because they purposefully and intentionally decided to exclude evidence to support my claim even excluding the VHA records, knowingly that they existed.

Does it take going this far, or are you willing to police your own, either way it will provide justice no matter who does it. I await your contact, and reply, its to everyones benefit that you do, In my opinion.

Hello, I have been out for a year and finally decided to file a claim with the help from the VFW. I am wondering how the VA decides what kind of disabilty you deserve. I am going to file for compensation becuse I broke my foot during training and It has always botherd me. The problem was that non of my NCOs belived me and by the time i was allowed to see a doctor, my bone was begaining to heal out of place. Now the pain in my foot is getting worse, and the muscle in it cramp up all the time. In addition, My knee is bothers me and it builds up with fluid, I think this might be becuse my broken foot is all messed up. I wanted to go to school to be a cop but I have to change majors becuse it is getting harder for me to run, and I am nervous as to how much damage is getting done. thanks for your time.

I would like that e-mail as well. I do not think that Mr. Pamperin knows what really happens in the bowels of his beast.

I am a retired US Navy LCDR as well as a 70% disabled veteran who is trying to be rated ‘unemployable’ by the VA due to service connected disabilities, one of which is Fibromyalgia, which has a capped rating of 40%(? Who pulled this number out of their anal orifice? Not someone who has the affliction!). I am also a Gulf War Veteran. I served in London, England but received various vaccinations and was under the same stressors, and exposures. I would not only like to refer you to the excerpt below at the bottom of this message, but to your governing regulations as well (the ones that I am able to access) 38CFR 3.102 with regards to “Reasonable Doubt”, 38CFR 4.15 and 4.16 with regards to “Total Disability Ratings for Compensation Based on Unemployability of the Individual”.

It was not nor is it my wish to have a new “designer” disorder but I have one, a neurological disorder “thought” to be caused by and worsened by stress, or maybe a vaccine, pesticide exposure or other exposure but I am not the only veteran you have with this issue. I was first suspected of having Fibromyalgia in 1990, tested for 8 years and diagnosed in 1998, prior to my retirement. (Maybe it was exposure to MREs!) YOUR VA Psychiatrist stated that I was severely depressed as a “direct result of and in addition to my service connected Fibromyalgia”, thought to be caused by severe stress such as I experienced in the Navy workplace as a woman during the 80s and 90s (re Tailhook, ever heard of it?). I am rated as 100% disabled by Social Security SSA due to the depression caused by the Fibromyalgia, the fatigue and the pain of it all. This is Social Security, the one I paid in to all those years, not to be confused with SSI (welfare), which I do not qualify for due to my retirement income.

Due to inability of VA employees to comprehend their own guidance and instructions and lack of knowledge about Fibromyalgia, a neurological disorder that is not curable or really, even treatable as yet, my case is on hold indefinitely. I am not even allowed to know the super secret timeline of alleged suspense dates that they have no intention of meeting anyway, according to your Congressional Representative. Perhaps you have not yet hired enough of his relatives. Another excuse they have invented is that it is due to Fibromyalgia being capped at 40% and some non Fibromyalgia experts deciding that my severe depression is PART of my Fibromyalgia, which is capped at 40% not “IN ADDITION TO AND CAUSED BY” as stated by the VA Psychiatrist. I and my attorney will need to see (demand to see, as a taxpayer and a citizen and a veteran) chapter and verse, the exact reference(s) and wording upon which they are basing this ‘opinion’ as well as the qualifications of the person reaching this opinion (medial or otherwise)…BUT, none of this has anything to do with the fact that I am designate-able as 100% disabled via the 70% rating, with one at 40%. They are lost in their own red tape and cannot see past it, nor do they know anything about Fibromyalgia. They are also wrapped around the axle about my SSA being based on my depression caused by the incurable Fibromyalgia and by some bureaucrats mistaken idea that VA disability pay cannot be paid along with Social Security (if this be the case, there are millions of veterans out there as well as retired civil servants who have been over paid). They cannot even read their own internal instructions which say that if they are in doubt, they should find in favor of the veteran (38 CFR 3.102) and that “marginal employment (as a door stop, for example, which I still cannot do, but I am an experienced Systems Engineer/Analyst with 20 years management experience as well as an MBA) IS NOT acceptable”, only “substantial full time employment” (38 CFR 4.15, 4.16)

I am also told that I do not count as much as my male counterparts because I was blocked from going to war or serving in combat related positions and in fact, I must line up behind both they and their spouses. I am the daughter of a Vietnam combat veteran as well as a retired United States Navy Lieutenant Commander myself. Our new Congressman’s new aid has been overwhelmed with bureaucrat double speak and her head is spinning with all the reasons they cannot act on my case, the number of various committees and levels it must go through and the secret internal timelines that the VA sets but does not feel it should reveal to myself, the customer and the taxpayer. All I can say is that had I ever provided such poor work service, I would have been fired.

Could some knowledgeable individual reach down into Little Rock, Arkansas and help this confused bureaucrat out? Also, this individual should never be allowed to deal with Congressional Representatives. I am in danger of becoming one of your homeless vets along with my daughter due to financial difficulty. We are recovering from Katrina and I owe taxes from all those years when I was homeless and had no idea what my income was or if I even was to have one. We did not eat. There are tax liens on our home and I owe more for last year. FEMA is prevented by law from helping those of us who were insured and the insurance companies would not pay. I have been in major depression and unemployed since 29 August 2005 when I and my then 12 year old daughter were rendered homeless and possessionless in Ocean Springs, MS by Katrina and the stress of it caused my Fibromyaliga/depression to get even worse. The back pay will help me with the back taxes and mortgage so that I can get caught up. Seriously, how hard can it be for those folks to do their jobs? Have they really been doing them so long that they just do not care any more? It has definitely become form-over-function for them and they have long ago lost sight of the goal.

EXCERPT from 105th Congress

“ The United States deployed nearly 700,000 military personnel to the Kuwaiti Theater of Operations (KTO) during Operations Desert Shield and Desert Storm (August 2, 1990, through July 31, 1991). Within months of their return, some Gulf War Veterans reported various symptoms and illnesses they believed were related to their service. Veterans, their families, and VA subsequently became concerned about the possible adverse health effects from various environmental exposures during Operations Desert Shield and Desert Storm. In response, in 1994, VA asked Congress for special authority, granted under the “Persian Gulf War Veterans’ Act,” Public Law 103-446, to provide compensation benefits to Gulf War Veterans who are chronically disabled by undiagnosed illnesses. That authority was later expanded to include certain illnesses of unknown cause. In 1995, VA implemented the “Persian Gulf War Veterans’ Act” by adding 38 C.F.R. § 3.317, which defines qualifying Gulf War service, establishes the presumptive period for service connection, and denotes certain signs and symptoms that may be manifestations of such illnesses. These signs and symptoms include: fatigue, skin signs or symptoms including hair loss, headache, muscle pain, joint pain; as well as neurological, respiratory and cardiac signs or symptoms, abnormal weight loss and menstrual disorders. In addition, three medically unexplained multisystem illnesses’ namely, Chronic Fatigue Syndrome, Fibromyalgia and Irritable Bowel Syndrome, are currently recognized by both statute and regulation as “qualifying chronic disabilities” and thereby presumptively service connected based on Gulf War service.

Further, through the “Persian Gulf War Veterans Act of 1998,” Public Law 105-277, Congress authorized VA to compensate Gulf War Veterans for diagnosed or undiagnosed illnesses that are determined by VA to warrant a presumption of service connection based upon a positive association with exposure, as a result of Gulf War service, to a toxic agent, an environmental or wartime hazard, or a preventive medication or vaccine known or presumed to be associated with Gulf War service.

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Dear Mr. Pamperin

While hospitalized four over four months for my service conectied condition, the BVA mailed myIndiviual Unemployability decision to my home address. Due to me being placed unexpected in the hospital, I was not able to notify the postal service to hold my mail and based on a telephone conversation with a BVA reprepresentaive, the decision letter was returned undiliverable. The BVA informed me that they had sent the decision letter to the Pittsburgh Regional Office where my case is being handled and that I should request a copy from that offioce.

I tried to request this BVA IU decisosin telephoniocally form Pittsburgh Regional Office and was told that the request had to be in writing.

I mailed a letter dated October 11, 2010 explaining my situation and requesting the BVAIU decision from the Pittsburgh Office.

Yesterday, January 29. 2011 I received an envelope dated January 25, 2011 from the Pittsburgh Rergional Office with a letter dated January 21, 2011 stating that the Appeal decision that I requested was enclosed. Mr. Pamperin, the BVA decision was note enclosed. The documents that were mailed in the envelope were of a previous Pittsburgh level decision, NOT THE BVA IU DECISION AS REQUESTED. Today I am going to write Pittsburgh again to inform them of this mistake as well as to inquire about my temporary 100% disability and my 21-4138 requsting an increase to my current disability bases on my recent social security award. The 21-4138 increase was also sent to VA in October 2010 as a result of my long term hospital stay and worsening condition. I have not received any corresponce from VA regarding my Oct 2011 increase request or 100% temporary unemployability being that I had to be hospitalized for over five months for my service connected condition.

Any assistance you can provide in getting my appea decision back on track and my 100% temporary disability request and increase request acknowledged by the Pittsburgh VA Office would be greatly appreciated.

Thank you very much!

Robert Winchester

Dear Mr. Pamperin

A friend of mine wrote you on January 28, 2011 at 8.05 pm regarding a couple of claims that I have filed with the Pittsburgh Regional Office.

Please note that while I have two claimed conditions that have VA mistakes that my service represntatives and I have pointed out. I would in fact like to make you aware of the one of the claims that I think is the most obvious erred and reserve discussion of the second one until the reply decision to my Notice of disagreement is received.

Issue; In August 2008, I applied for a Persistant Tinea Cruris (severe skin condition of the groan). I never received a VCAA notice for the Tinea Cruris condition until 21 November 2009. I replied back to inform them that the August 2008 claim was already open for tinea cruris and was incorrectly noted in their March rating decision. A servere condition that I was diagnosed with treated while in service. In service treatment records were sent in along with the August 2008 claim. I never received a VCAA notice for the Tinea Cruris condition. In March 2009 I received a VA decision from the St. Louis Regional Office, Zip Code 63103, dated 26 February 2009 along with a Pittsburgh Regional Officecover letter dated 5 March 2009 which denied me for a “Fungal condition of the Feet” instead of my claimed Tinea Cruris condition. I noitified my VSO and the Pittsburgh Regional office of the incorrect claim condition and the overwhelming evidence of systemic therapy treatment. Dispite showing the service treatment records in the evidence section of the decision, the St. Louis March 2009 decision also indicated in the REASONS FOR DECICISION section that “you submitted no evidence showing that you currently suffer from a chronic bilateral knee condition” Mr. Pamperin- I did not apply for this condition and it like the fungal condition of the feet should not have been in the decision at all. In my 16 July 2009 Notice of disagreement, I again notified the Piitsburgh Regional Office that I did not apply for the fungal condition of the feet and requested that my tinea cruris claim be reconsidered. 23 October 2009 I received a response from my notice of disagreement stating that “the notice we accepted on appeal is/are service connection of the feet (claimed as tinea cruris). 30 October 2009, I again wrote VA in response to there 23 October 2009 letter clarifying my claimed conditioned again in more detal. All letter were submitted through my veteran service representatives to the Pitsburgh Regional Office. In the mean time, I was sending numerous systemic therapy medication prescriptions through my VSO to VA to help substantiate my claim. As a response to the VCAA notice from Pittburgh dated 12 November 2009 that stated in the WHAT HAVE WE RECEIVED section stated “Your claim for benefits, which we recieved on October 27, 2009”. As mentioned above, I responded accordingly again with the facts. In July 2010, I recived a Statement of the case from the Pittsburgh Regional Office Dated 3 June 2010. In the ISSUE section: it states “Entitlement to service connection for tinea cruris, a fungus condition. In the EVIDENCE section: VCAA letter dated 8-18-08 (I did not and the records will not show that I recieved a VCAA notice for Tinea Cruris. In the ADJUDICATIVE ACTION section in noted that 08-11-08 as the date the claim was recived. In the DECISION section: It states Entitlement to service connection for tinea cruris, a fungus condition, remains denied. In the REASON AND BASIS: It States Rating decicion of 2-26-09 denied service connection for a fungus of the feet: Your treatment records do show treatment for tinea cruris of the groin. Following a de novo review of your case, entitlement to service connection for tinea cruris, a fungug condition remains denied, as there is no medical evidence showing that it presently exsist. Mr. Pamperin, with all due respect, a letter from my pysician in 2009 gave notice to the Pittsburgh VA of the severity of not only my groin skin condition, but also in and around other areas of my body that was just as severe and made an overall diagnosis of Tinea Pedis. The doctor expounded on the groin because the flare up systoms were the same that was diagnosed in my service teratment records that he reviewed during my examination and interview. I ahve since had to complete a VA form 9 which was submitted through my VSO on 16 June 2010 along with all of the important medical evidence that was mistakenly missed by the Rater and the Decision Review Officer. The VA form 9 was certified for the BVA on 8-11-10. I spoke with my VSO repreprsentative on 18 January 2010 to get an update and he stated that a footnote indicated that the Pittsburgh Regional office found mailed evidence and that my claim was again waiting review by a Decision Review Officer. He also stated that VA is just waiting for the Decison Review Officer to send me the supplemental statement of the case, which I interpret as a continous of the denial. Sir, Dispite this long write-up, at this point I am somewhat at a loss for words. I totally understand that maybe I and the VA made a couple of minor mistalke in the processing of this particular claimed condition. I only ask that someone review my case in accordance with VA regulations, schedulars, and the applicable laws. I honestly believe that if viewed in accordance with these standards, as I have read them, I should have received no less than a 60% rating under the skin condition schedualar. In Claim Tips your number one point was Communicate x 3. I have been communicating and believes that do to the abundant amounts of claims that are being processed, errors that I truly belive made on mine were accidental and not intential. Last Question: Is there a way to fix my issues at the VARO level instead of having me wait the 1.5 to 2 years at the Board of Veterans Appeals. If someone just kept me informed with corect information, I would be happy, no matter how long the process took.

Sorry that this post is so long.

Respectfully,

Mike P

Dear Mr. Pamperin:

I earlier posted to this blog (January 11, 2011) and I have a follow-up question.

I have been told by VA personnel answering questions on the 800 number (1-800-827-1000) that the “national average” time in the rating phase is 16 to 27 days. My claim (file number ****) for prostate cancer residuals and secondary chronic fatigue syndrome has been in rating at the Atlanta, GA, VARO since December 6, 2010, and, to the very best of my knowledge, remains there as this is being written (January 30, 2011). Should I be concerned that my claim has been in rating double the “normal” time? In other words, I would hate to be waiting to hear from the VA only to learn later that, somehow, my file has either been lost or misplaced in rating. Certainly, if I don’t raise some type of “red flag,” there would be no way for VA to know that my file may have been lost or misplaced while in the rating phase, correct?

Based upon my understanding of the rating process, it would seem to me that rating a claim would be relatively straightforward, provided the veteran clearly and specifically spells out the nature and type(s) of disabilities being claimed (which I did). That is, in my case, the rating specialist would determine, specifically, what residual symptoms I am claiming (in my case, very high urinary frequency—on average less than an one hour during the daytime and five to six times during the night—as well as specific symptoms relating to chronic fatigue syndrome, e.g., frequent, severe headaches, tiring easily, etc.), determine if my claims matched up with the medical evidence presented to the VA, then go to the rating manual and assign the appropriate percentage(s) of disability allowed. (I’m quite aware that there are a number of steps involved in the entire process, but as I understand it, in the simplest terms this is the way the rating process essentially works, correct?)

If the present delay of my case in rating is due merely to a tremendous backlog in rating, then I will just have to be content to wait my turn. On the other hand, if there has been some sort of snafu with my file . . .

What would be your advice to me at this point?

Thank you!

Michael L. Garee

P.S. The total time my claim has been in process as of this date is 246 days.

Editor’s note: Removed a Social Security number. Please do not leave any secure information on the blog.

Mr. Pamperin,

My husband retired in 1999, after serving 20 years (most of them on jump status). During his service to our great country, he was in the first wave of soldiers to hit the ground during H-hour during the Panama Invasion and he served in the Middle East, during Desert Shield/Desert Storm in 1991.

Upon returning from the Middle East, he had to have a physical for an upcoming school. The chest x-ray revealed abnormalities and he was sent for an MRI. Subsequently he was referred to a surgeon at WAMC (formerly Womack). The surgeon concluded that something was wrong and scheduled him for a right thoracotomy and a left lung biopsy. Both of these procedures were done, taking a portion of each of his lungs. We have NEVER been given a diagnosis as to the findings! No one seems willing to state that whatever they found, he contracted it while in the Middle East. Absurd? I agree!

We currently have a claim filed, seeking increased compensation due to complications from service connected disabilities – which have worsened. The RO in Winston-Salem, NC is handling his claim. They have requested a C&P exam at the VA in Fayetteville. This office seems to be over-loaded with the recent changes of trying to effectively process all claims in a timely manner while reducing the distance that the veteran has to travel for an appointment.

I understand budget restraints, lack of manpower, etc. It just seems as though the government would have a more effective way of reducing the amount of time a veteran has to wait on an answer.

My biggest qualm is not the waiting part (I don’t enjoy it, however we have learned to adjust). I would greatly appreciate it if someone will please explain what he contracted when he went to the Middle East.

When he enlisted in the military, he was deemed 100% fit for service; meaning that he had every vital organ and limb to function at the level necessary to render service to the military. Now that he only has a portion of each lung, a disfigured leg (due to numerous airborne breaks) this is documented through one of the major magazines that photographed the jump in CA where a number of the troops were injured, due to high winds. A nerve condition that produces paralysis, etc. Can you or anyone explain the lack of concern and communication. Is it asking too much to get an answer as to why he was cut opened, vital parts removed?

Don’t get me wrong, I’m not condemning you. You were not the medical professionals which treated him, nor were you the one that assisted with his retirement process. However, since this forum is open, I’d greatly appreciate a response.

Thanking you in Advance.
ABSJ

I filed a claim for PTSD back in 2001 and was denied for I could not prove a stresser.I appealed it with the VA office here where I live and for some reason they said that I never did appeal. The VA Office did it for me and I was told I never Appealed. I was talking to the same person that did the appeal for me. Guess they just did not do anything with it. Now that I (back a few years) started getting the VVA ( Veterans Voice) and the Vet.Mag. which I found they had a Vet. locator, I got in there and finally some guys that was in the unit I was in and wrote me letters and E-Mail so I could prove a stresser, I am now appealing again. I do not think as good as I once did and filled out as much as I could on the paperwork the VA gave me.I was fillig it out and noticed they it said to send it in ,in 30 days. I am 5 days over that date and thought the lady at the VA said I could carry my papers down. I have to be there 1/28/2011, and it took a while to get Doctor Records and some letters from guys that was there and are helping me. Am I srewed now with me taking the records with me?

Tom, have you been able to find out anyting about my case?
You may email me if you need any further information.
Thanks

First and foremost I would like to thank all VBA and VHA employees for their service to our nation and veterans. I have several questions and suggestions for the claims process. This could help improve the disability claims process time meet the goal of the Secretary by the 2015 time frame.
First it is my understanding that it is current VBA practice to pass around the infamous C-FILE. Yes even sending it to VHA / VAMC centers for review during the C&P process. Since veterans only have one C-FILE why would this be done? Below are examples that can lead to delayed claim adjudication.
EXAMPLE 1 A veteran has a DRO appeal pending dated 3-2010 PTSD. The following month the Veteran puts a new claim in for an increase in current service connected headaches. The team that is working the appeal cannot work it because claims folder is now at the medical center and not at the RO because the team has ordered a C&P exam for the headaches.
In the mean time over the next several months the veteran has to have surgery for a service connected condition which under current CFR they are eligible and meet the legal requirement for hospitalization or convalesce but this is not the contentions of the DRO appeal or the new claim for increase in service connection (headaches) and veteran is eligible for a temporary 100% rating for this condition.
It is my understanding the so much weight is put on the claims folder being with that specific team VHA examiner, DRO, and Rater…..Etc. That until the C-file moves from one place to the other then who ever has it the others must wait. All the veterans’ medical treatment records whom have all their care at a VAMC are easily accessible by the RO through it ability to access VHA computer system via CAPRI correct?
Consider not only does VBA and VHA risk losing or mixing claim folder information it also is causing long delays in the claims process. Yes the example above is complicated but veterans medical conditions are often complicated and unpredictable.
The solution that will allow multiple VA personal to view the C-file is to scan it into VISTA or a system that can communicate with VHA and VBA. That way everyone can see the C-File at the same time just like we can view content on the internet from many areas and locations.
So how can millions of documents currently at the RO’s can be scanned into this system? First technology, upgrade the scanners and add more. Create a record department that’s its job is to make this happen. Have a team go to VHA record departments see how they have transformed their near paperless system learn from your sister agency. Off coarse you will need people and lots of them this is one way to lower the unemployment rate. We have so many bright minds in this country I think this could be accomplished by the end of this year if someone in VBA spearheads this digitalization.
If budgets constraints do not allow for new hires/ background checks…Etc. Ask for volunteers provide them transportation or gas vouchers and meal vouchers this could be done on Saturdays or training days so not to interfere with the normal claim adjudication process.Until VBA can implement this department I would start asking for volunteers at the VHA most employees already have background checks and I am sure there are many veterans who will be willing to help other veterans. Digitizing the claims folder must happen if the DVA is to transform and meet the claim load and needs of the veterans of the past, present, and future. Pilot this at one VA RO to work out the kinks for several months then transform every RO to do this as a matter of SOP.

Mr. Pamperin:

Even though you did not respond to my reply concerning the Nashville RO losing my brother’s Statement of Claim and not responding to Senator Alexander’s staffer query concerning same, I must state that it is most appreciated by we veterans of the time that you have taken to respond to many of the veterans on this blog.

The VBA does not respond to letters unless it is via a Congressional Legislative assistant or to deny or approve claims. After viewing the blog on the backlog of paper records at the Nashville office, I can understand why this is so, but still no excuse. Hopefully the electronic files will be better, but I seriously doubt it since each of the documents that are stacked on a raters desk in the photo will now be the same size stack except it will be electronic. It clears the paper, but the rater will still have to trudge through the electronic documents which is more difficult unless the rater has two or more screens to assist them. Additionally, the paper files increase in size because we veterans do not get answers to our correspondence resulting in we sending multiple followups via our VSOs.

Perhaps the VA can initiate an electronic followup postcard that tells the vet that correspondence was received and would be included in their claim file. It would also be helpful for an estimate of when a claim should be reviewed by the rater to further let us know that it has not been lost or shredded by accident. Silence to the vet is probably the biggest enemy of the VBA resulting in more paperwork and frustration on our part.

That said, you are an exception to how the VA interrelates with the vets because of this blog. I can forsee though when the number of people interface with this blog that you will be so overwhelmed that it will become a black hole unless you have a couple of trusted agents in your office who can respond on your behalf with the promises of action that you have indicated to many vets.

Best wishes and try and open the VBA door a little wider to veterans who are both frustrated and demoralized. The men and women at the ROs are extremely helpful but they only touch a handfull of vets because others cannot physically go to an RO due to distance or ailment.

Charles Walters, USMC-Retired

I find it unbelieveable that a VA office does not have a public phone number. The Appeals Management Center is impossible to contact. I’ve written,faxed, tried to call, and no response. 1-800 tells me the same things , they are working on it. My claim from 2003, not done yet, the AMC has had it since 12-14-2009, this tactic of delay,delay,delay, hope they die just might work in my case.I’ve was patient as the BVA had my claim for many years,but now my high school children will be finanicial suspended from school,how do I explain that to them? or explain why dad left us because of the VA.thanks and good bye cruel world.

Tom,

I refiled a claim, again, after being denied 7 years ago which was received at the Baltimore office Mar ’10. Per eBenefits it has been in the decision phase since July of 2010. Why so long? The site says “The Decision Phase is completed on most claims between 16 and 28 days.” What is going on over at Baltimore?
Does the unofficial motto of the VA apply here? “Delay, deny, and hope you die?” I say this because I recently had a heart attack, at 46, which I feel was caused my service in the Gulf War. Ischaemic heart disease has now caused two stents to be placed in my heart. How do I file another claim while a claim is currently pending?
The previous slam on the VA does not apply to the VA Hospital-Wash DC, which saved my life from a heart attack, or the VA medical services.

Sir, is it ever too late to refile for an injury? I retired in 2002 after 22 years. I filed for an upper back injury that was clearly documented several times in my medical files over several years. At the disability interview (or whatever it’s called when you are clearing and filing for disability) when the doctor was looking thru my medical files for a cause, I thought I was being proactive and pointed to an X-ray showing a curve in my spine (scoliosis) and said, “That’s the reason, isn’t it?” The doctor just looked at me and said “sure” and wrote it down. Of course it was denied because scoliosis is hereditary and usually does not affect a person if not too sever (which mine wasn’t). I learned later that I should have just let the doctor write down his own determination. I still have the pain. Usually its bearable but sometimes (like this week) I can barely get out of bed. So is it too late to refile for the same injury and have a doctor review my medical records and make his own determination (like I should have done the first time) or has too many years pasted?
Thank you

My self I have waited now for over 18 months for two intila claims. after supplying many copies of y srb and copies of medical service records to help speed the process> yet what I have seen is the disinfrancizing of me from the process. After being palced in ros section for over 4 months in ohio all of a sudden moved to louesville KY> to only be put at the bottom mmm. I belive that law says you can only move unialaterly a veterns file. They said due to the camp lueijune water contamanation claim on one claim. well the other was also held up having its own merit I see that we tend to violate the law very frequently at the V.A. when asking about this many times no one has called me to explain why this happing. just reinforses my thoughts on this system. I have asked to move the other claim along since it has no bearing on each still deaf ears are not listing. due to the fact Im at the intial stage I can not abtain a councel this should not be allowed for the V.A> to hold up this process the “veteren ” has no rights under this, nor can he have a avenue to complain and get any results from, certain emplyoees in this system that feel that they have to not answer veterans. Two things first: the buercrtes in this system need to read why the v.a> was established not for this I asssure you. second I think privatizing this system is the way to go get rid of the dead weight and usless idelaogies found in it. I honstley think that many in the V.A. think they are to big to have nay accountablity to any one . just to let you and the V.A> know Im not going to die before I get answers. I have warned my son now seriving to obtain copies of all his medical and srbs when they are intered. he will have to fight another war when he gets home. one with the V.A> a much more cunning enamy then the afgains.

Mr. Pemberin:

Thank you for answering veteran’s inquires in your blog. This is the only time that I have ever seen anyone in the VBA answer a veteran’s inquiry about their claims! I am a retired Marine Corps officer. The issues addressed by others are real and still continue. The VA ROs are non-responsive to vets inquires except when the vet travels to an RO and talks to the VA’s rep at the front desk. Only then is there any help to the vet concerning feedback to a question. Everything else goes into the big computer IF it is not lost or shredded first.

This comment concerns my brother, Martin L. Walters, a Vietnam Army vet who died in Aug 2010. I helped him complete and file a Statement of Claim in the July 2007. No hearing anything from the Nashville RO by November 2007, he called and was told there was no record of his claim and to check back later. He checked back in April 2008 and was again told there was no record of his claim (this was the timeframe of the Nashville shredding incident). In Ocober 2008, again with my assistance, he submitted another claim except this time it was via Senator Lamar Alexander’s office. Mrs. Kay Druhan confirmed in a phone call to me and to Martin that his claim had been submitted by her. After no contact by the Nashville office to Martin for a medical exam or even to acknowledge that they had his claim, we requested Mrs. Druhan to followup. She did so on September 21, 2009. After several months, neither Mrs Druhan nor Martin received acknowledgment that Nashville RO had his claim and that it was in processing.

As noted, Martin died in Aug 2010 and his initial claim submitted by a US Senator’s office was never acknowledged. I buried Martin and he received full military honors curteousy of the American Legion. I received a letter from the VA in Sept 2010 concerning burial allowances which stated that he had no claim on file! This was a surprise since I had visited Senator Alexander’s office and Mrs. Druhan showed me the claim she had submitted and her follow up letter. Since then, Senator Corker’s office has also become involved trying to find out why his claim is missing and not processed. Mrs. Magnuson has submitted two followup letters and several phone calls. She to was told they had no record and your Nashville RO director wanted to know what she expected him to do (after all, the Nashville office outlived another combat veteran). She told him what he should do and we are waiting for the correct action which should be to process the claim regardless of he fact he is dead. That is what I expect. You still have someone in that RO who is destroying veterans claims and not responding to a US Senator’s inquiries.

Please investigate this situation. Mrs. Magnuson in Senator Corker’s Jackson TN office can give specifics. Martin worked with Agent Orange in Vietnam at Long Binh, was wounded in a mortar attack but did not receive the purple heart due to his med records being lost by the Army during his medevac. This is a travesty that needs to be corrected to prevent it ever occuring again for another veteran.

Thank you,

Charles Walters
LtCol USMC-Retired

Thank you for the insightful information Mr. Pamperin.

What do you do when all records are gone? My Gulf War unit, ‘A’ Battery 40th FA, MLRS – 3rd Armored Division, deployed with approx. 143 soldiers. Two years ago, I began building a web site for my combat unit. The web site has sense, morphed into the 40th Field Artillery Veterans Association.

We currently have contact with approx.104 veterans from our unit’s Gulf War deployment roster. To a man, every request for service records/medical records from St. Louis comes back with the same reply “We do not have any records.”

The best we can tell, our entire unit’s records were somehow ‘lost’ during our Gulf War deployment. The only people with any records are those who had previously made copies.

Example: My request came back with one document: A dental check-up from the dental clinic in Hanau, Germany in 1989, nothing else!

A large number of our veterans from the 40th Field Artillery have filed for, and received, claims for disability, even without these records.

Do you have any suggestions I can pass on to my fellow A/40th veterans as to what can be done about to handle the lack of records?

By the way, that web site I started 2 years ago, is now the largest, unit web site on the Internet! You can visit us here: http://www.a40deepstrike.com or http://www.40thfieldartillery.com/.org/.net/.info)

Thank you again,

“All for One!”

Bill Morris
A/40th FA, MLRS 88-91
Deep Strike!

Hi Tom,
Thank you for your service and for continuing to serve our country’s veterans.
My message is more of an FYI than a question which needs answering. My first claim in 2002 was for Diabetes Type II for which I am currently rated 50%. I filed a claim in 2007 for my heart condition secondary to Diabetes which of course was denied. I filed with the Military Order of the Purple Heart here in Syracuse, NY. I refiled in October 2009 upon hearing that IHD was now considered a presumptive disease to AO but filed through the NYS Veterans Benefits Office (one door down from the MOPH.) After a couple of months I got a call from the MOPH stating that because I had submitted my first claim through the MOPH that I had to file the second came through the same. So I had to re-sign a Power of Attorney for MOPH which “supposedly” pushed my claim back “two” months. Well…when I check with eBenefits, I see my claim was received in May 2010. That’s seven months after I filed with NYS. So now I sit waiting for my due compensation when in fact I could possibly have received it much before this. I’m not sure why I was told I had to file the second claim with the same VSO as the first. Just a heads up to all of you out there. Good luck with your claims and again Tom, thank you for what you do. I hope I didn’t ramble and that this all makes sense.

Funny.. By reading this article made me think a little.

It took me 3 years (2003-2006) to be granted SSDI by an SSA Admin Judge. With plenty of evidence to support the initial claim, but the SSA office denied it saying the evidence wasn’t enough!!!!!!! 3 years wasted.

Now, with the VA claims process. My STRs from 1986 show I was discharged medically from service as “unfit for duty” for feet/ankle injuries and was under 24 months on active duty so no basic VHA entitlement in 86. So, I did without VA benefits for over 20 years.

But, the military said my injuries weren’t service connected on my DD-214. Have a laugh. I was young and dumb then to know how to fight that error of fact. To late to fight it I found out now. Can’t afford a high priced attorney to fight the military to get a revised DD-215.

The SSA Admin Judge at the time of my hearing in 2006 before him after reviewing my record saw my military service said I should apply for VA benefits. As my feet/ankle conditions were one of the reasons for the SSDI grant.

So, in 2006 I filed an initial claim for VA benefits for my feet/ankles and lower extremity problems secondary to my feet/ankle conditions from pushing my disabilities from working hard labor. Needless to say I am permanent and totally disabled by my private doctors and by virtue of the SSA Judge’s decision.

In 2006 the VARO in Denver, CO. never bothered to schedule a C&P Exam for my conditions and denied the claim going from the military’s decision only. Against the VA regs.

In my opinion this was a way to save the government money under Bush’s admin. Right, wrong or indifferent. Cause my father a 20 year career military person with 4 years in Nam and had heart problems related to Agent Orange. The VARO in Minn. said he wasn’t in Nam.. Have a laugh. 4 years later he got his VA Comp, but died in 2005. Two years after the grant. Sad.

Now, to my claims the VARO in Denver, CO. flat out denied a legit claim full of evidence from private doctors at Denver Health Medical Center, even without a C&P Exam to establish service connection.

Went to a DRO in 2007 and that was a JOKE as the VA DRO employee denied the claim again using the military’s decision.

My claim went to the BVA in 2009 and was granted service connection for my flat feet, and remanded the other problems I had.

C&P Exam was done on Feb. 12, 2010 and the AMC denied the remanded issues in December 2010 even tho the C&P Exam supports a nexus as “casually related” my secondary conditions to my service connected feet. Current my claim is before a VLJ according to ebenefits.com.

Here are my 5 tips on how to file a claim based on my experience:

1) Make sure you have a strong claim in the first place. And only claim conditions that can be supported from your military records including 201 file.
2) Make sure you have a computer and a printer, and keep everything in “triplicate”. STRs, C&P Exams, Rating Decisions, Private Medical Records, etc.
3) Keep Congressional phone numbers handy, as well as numbers to the VA Central Office. (Don’t know if I can post VA Central Office numbers here without deletion?)A Congressional helped me.
4) Keep reference urls on your bookmarks like past BVA decisions that may help your claim… http://www.index.va.gov/search/va/bva.html
5) Do most of the work YOURSELF!!!!!!!! Cause not all Veteran Service Orgs like the one DAV office in the VARO building in Denver, CO. are worth it.

I found the DAV office in my area to be worthless as their staff turn around is every 2 to 3 months and the new person assigned to my claim has to read everything again and familiar him/herself with the claim to be effective. Doesn’t help in a BVA appeal. I found better results doing this stuff myself and only use the DAV for other simpler tasks.

Overall I find the VAROs are denying valid claims for whatever reasons and are forcing unnecessary appeals and a bulk of the backlog problems the VA has. Whether by design or not only the upper VA management knows the truth.

Plus, the C&P Exam I had was a result of two different AMIE request and has some info missing. I can see the board again remanding my TDIU claim again.. Great fun…

Here I am about to become homeless as a result of this B.S. as my rent went up and my benefit payment from SSDI and a flawed AMC rating decision assigning 10% only to my service connected condition which should have been at least be 50% from start. Fighting that issue currently at the BVA level.

Hoping and praying the VA can get their **** together in the near future!!!!!!!!!!

Mr. Pamperin

When I replied the other day about the response, I did not mean to be disrespectful and not appreciative of your response.
I was not looking for a response from you as we know you have way to much on your plate trying to get things back in alignment. I was only expressing my ideas as to maybe help reduce the frustration on the veterans side of the equation.

again I thank you for your support and dedication to Veterans everywhere.

Steve

Mr Pamperin. If you please. Does lack of records constitute evidence against the veteran? That seems to be what you’re implying. If that’s the case then why is there benefit of doubt or combee v brown? The negative response is neither for or against the veteran but the DVA is interpreting as evidence against by denying the veteran his or her service connection. Below is a quote from the 2002 ATSDR report for Andersen AFB Guam:

“On-Base Production Wells (Drinking Water Supply Wells)

The Air Force collects samples from on-base production wells. These
wells supply Andersen AFB with its source of drinking
water. The Air Force routinely monitors these wells under requirements
set forth by EPA’s the Safe Drinking Water Act to ensure safe drinking water for base workers and residents. Currently,
drinking water quality data are collected on a biannual
basis. Production wells in the MARBO Annex and in the Tumon-Maui have
also been extensively monitored since 1978 for
select compounds, including TCE, methylene chloride, pesticides (e.g.,
endrin, lindane methoxychlor, toxaphene, 2,4,5,-T,
2,4-D), nitrates, and certain metals (SAIC 1991). ”

The herbicide Agent Orange is being monitored in the drinking water wells many years after the supposed use was stopped and all AO was sent to Johnston Island. Why would the airforce be testing for something that isn’t there? And in 1978 there was no requirement by EPA for anyone to monitor these substances, the AO 2,4-D and 2,4,5-T.

This is a repeat of what I had submiited before but there is additional information that I had forgot to include. Whether or not I ever recive a response is something else entirely, but at least I have made the effort.I read this article and every article that I could find on the claims process. They are all very informative and well written. Unfortunately the “goals” are not being met and I don’t see anything being done to improve this. Everyone has a story and I of course have my own. After numerous years of substance problems I went into a year long residential treatment program where I was diagnosed with PTSD. To mention things I was in Germany during the cold war era and witnessed some events. I began my claim and quickly received a denial notice that I was never in country. They did however acknowledge the PTSD in my VA file and accepted the stressor event. I then submitted proof that I was in country at which point I was denied again because my name wasn’t specifically in an incident report. I again repeated my explanation and informed them that not everyone there had their name in the police report. So it has now been sitting on someones desk for a year, waiting to go somewhere else. The interesting thing about this is I have been asked at least 3 times for the same information. And of course when I get the requst for the information there is a new time line, which extends the date out even further.
During this time I started receiving a NSC pension with the kicker of my child being in college full time. He took a semester off of school and I like a good soldier notified the VA of this. I then called back and told them he was back in school and what should I do. Well I was told don’t worry about it, he was only out for 1 semester. Well they reduced my pension and then stopped it because I had been over paid. The VA in its infinite wisdom took almost 6 months to process the issue so of course I was over paid. I never did get the issue of VA reducing my pension while he was in school. I fiugred it would just complicate and confuse things even furhter, because unfortunately the left hand never knows what the right hand is doing.
I then began receiving Social Security Disability because I was determined to be unemployable by the paperwork my VA provider filled out and the Social Security. So obviously I am now not receiving any VA pension just my disability. This I do understand even though it is an extreme hardship. However my SC claim should have come though. I have dotted all the i’s and crossed all the t’s and yet everything just sits and spins uselessly.
Our hands are tied and we have no recourse. I would love to see the rate go up to 95%, but realistically we are in 2011 at a supposed 84% and we will never make the numbers. I personally think in the back of someones mind is the thoufght that if we just make people go around in circles enough times they will give up.
I for one will not give up. I would like to receive a reply on where my claim is and the status of it. Things have gone on way too long. What is my claim status, the ebenfits doesn’t help you at all.

i am a 20% disabled veteran i have a back injury. i was released from the service honorably and there was no comment about my back. my records said i was elegable for reinlistment. i could not get a job because of a scar on my back. i could not get back in the service because of this scar. i went to the va and did receive 20% dissability but to this day i believe i deserve more because of the problems other than fisical. i have tried but no one would listen to my other than fisical problems. the scar has haunted me all my working life. should this be considered in the compensation?

I am curious as to the efficiency of the VA mentioned earlier. I too am a disabled vet. I too have my own horror stories (ongoing) dealing with the VA. I am not convinced of a 84% effective rating however. When the VA integrated it’s computer system, that was a move in the right direction. Currently, most VA facilities do not utilize this tool effectively. A regional Hospital, can’t see the information from a local hospital. (or won’t look) I’ve seen where an Ortho department, can’t look in the computer, to see what was noted by the E.R. The VA is also notorious for making the Vet do the leg work, of providing paper copies of treatments, exams, etc that are ALREADY in the computer system. If a vet moves out of state, why can’t the next state Va agency (using the same computer system) see the veteran’s file from his previous home state? To draw attention to more antiquated areas, look at convalescent pay. This is treated as a claim, like for disability. The doctor has ordered a surgery on a vet, for a service connected injury. The doctor has stated the time required for the vet to be convalesced. Under the current system, rather than have the pay be linear to the surgery, it is treated as a claim for benefits. Adding to the piles of claims for actual injury ratings. Rather than being treated as part of the patients care. This takes up needed resources elsewhere, and does the veteran a disservice while under medical care. The pay usually comes as a retro payment, rather than during the time actually needed. Yes, we need people to review cases and documents. Yes, we need people to make decisions based on facts and information. We also need to people to be able to use, and have the desire to use the tools at hand to better assist the veteran. The politician says the system works, the veteran can PROVE the system is broken. A veteran can go into a C&P with all medical records, exams, and images pertinent to his claim. The veteran in that C&P will RARELY get to present that information, as the doctor of general med, is not there to do anything but a visual assessment of the veteran with MAYBE a range of motion test. Sir, pick a vet and walk with him through his process, (every part and exam)and you will see what every other vet has to deal with in the real VA world.

I originally filed a claim in may 2010, was set up for C&P doctor visits, and completed both the physical and the mental. My claim came back with 0% service connected HIV. The other disabilities were deffered, then I re- submitted additional documentation to support Depression associated with HIV and was re-scheduled for a mental C&P. The doctor I visited was the same one I saw a couple of months before on the original C&P, he then told me that he was approving my disability. As of today i have not seen any documentaton from the Waco Office. As for me i, did not file a claim earlier if Life because of a good paying job, not until I retired that i need the assitance from the VA to keep my regiment of medications and Doctor visits. According to the WARMS classifications on HIV if I had originally file in 1987 i would have been a 60% but I did not want to MILK the VA (Governemtnt), maybe just pride. Just ask for what you need, my two cents.

All this is great. How about instructions on how and where to file a claim? What forms do I fill out, where do I find them, who do I send them too?

Many thanks

Sean P

Mr. Pamprin:

Thank you so much for your article and I know that the VA is working really hard to get claims processed. Why pick a accredited CVSO from the master list and give them a call to see what problems or compliments they have concerning the VARO’s and PMC’s. You welcome to call me sometime (my number should be on file with the Office of General Council), but I am not requesting that or anything like that. I think you might get some good feedback on positive and negative points from CVSO’s.

Again Sir, thanks for you caring and thoughtfulness.

AIRBORNE
GO Air Force

Respectfully yours,

Larry Klemesrud

I HAVE A REMANDED APPEAL THATS 9 YEARS OLD IT WAS REMANDED 2/23/2010 AND ALL DEVELOPEMENT WAS COMPLETE IN AUGUST 2010 HAD C&P IN JULY 2010 HAS BEEN READY TO RATE SINCE 09/24/2010 WHAT COULD POSSIBLY BE GOING ON?

I went to basic in the summer of 07. During basic I started having trouble with my back. I went to sickhall several times and all they did was therapy. They gave me a letter that said NOT to carry anything over 10-15 pounds but one of my drill sergeants disregarded the letter and still made me march from one of our campsites with all of my bags (while I was crying the whole time). Then after we were almost back at the barracks she took my bags from me and put them in the vans. After completing basic I returned to high school for my senior year, with several back problems, having to go to the chiropractor. I hauled all of my bags back up to Meps the summer of 08 to go to AIT. There they asked me if anything had changed and I told them I had been diagnosed with slight scoliosis and I had constant back problems. They sent me to the Army doctor at Meps and had Xrays done. They told me that several doctors looked at my Xrays and told them to discharge me. They sent me home with an honorable discharge. I still have all of my luggage and my personal folder. After being discharged I returned to the chiropractor because I was still having a lot of pain in my back. He took full back Xrays and some kind of movement test and showed me on my Xrays that I have two ruptured disk and one on the verge of rupturing. In March 09 I got letters from my unit saying if I didn’t report to them I was gonna be counted as Awoll. I went up there and told them I was discharged and she kept telling me I wasn’t. She then later called my recruiter and he told her I was discharged. I still have tremendous trouble with my back. And I have yet to receive any discharge papers and I still have all of my army issued stuff? Can I file? What do I need to do?

Any advice would be appreciated.

Mr. Pamperin,
I appreciate your service, but I have to tell you the VA does not honor their Vets. It sicken’s me how my Father and other Veteran’s have to fight for their benefits. The government promised to help them for their service. I will do everything in my power to get the word out that this not true to people thinking about signing up! My Father was a received a Purple heart for his serving in Korea. Last week at his Funeral, in his casket, my brother displaced his 3 bronze star medals and Purple Heart. I was so sick with grief because all the hours of work and stress I put into trying to get his Aid & Attendance approved or just get his Medical bills paid for and nothing was ever approved. He had no savings, CD’s or assets and lived in a broken down house. My brother cared for him for FREE because there was no money to pay for a nursing home or caretaker. I sent money for years to help with medical bills and caretakers. I also contacted a congressman and a Senator and all they were ever said is “they are working on his claim” or they never received my information. I have proof that all 3 times that someone signed for it. They asked for the same information over & over. The VA owes my Father and I have no other choice but to use a VA approved Attorney to try to get what we need. Your system is FLAWED!!! I was able to get Registered Trademark approved easier than getting any assitance from the VA. I am not only angry I am outragged how our Veteran’s our treated after they & their families have sacrificed so much. I know that is not your fault but I hope you are making major changes or people need to start loosing their jobs.

Mr. Pamperin, Thank you for an informative post. Many veterans, though, fall through the cracks: After treatment that began in mid-2003 that the VA later conceded breached the standard of care, both my surgeon & tumor board referred me to a VA case worker for end-of-life & financial counseling, and to a civilian hospital for a second surgery, and for radiation therapy, both on my dime. Second surgery unsuccessful. Third surgery proposed. During financial counseling, case worker stated I was not eligible for VA benefits. I learned in late 2006 that was incorrect, and filed claim immediately. Claim denied 6 months later, I appealed, and prevailed in late 2008. I appealed some issues that were in contention, but unsuccessfully. Filed BVA appeal 4th quarter of 2009 – no response to date. In early 2009, filed claim for secondary condition, and partially prevailed near the end of 2009. Again, I appealed some issues that were in contention via DRO process. As for my PCP whose misdiagnosis started everything, it’s arguably a matter of (written) record that he attempted a coverup. As of 01/2011, DRO appeal remains open, with hearing scheduled for late February 2011. Case is approaching the 8-year point, and its end is not in sight. It’s great that upon prevailing in a claim, back benefits are paid. However, famine + a delayed “feast” does not = steady monthly payment from day-1. A lot of bad things and a lot of sleepless nights can happen as a claim drags on. Thank you for being open to our comments.

Mr. Pamperin, Thank you for the information.
I filed a BDD claim and received a rating decision about 2-3 months after I was discharged August 2010. Half of the issues were denied. I filed a new claim for increase and new conditions back in Oct 2009 and was told my claim was paperless and apparently no claim has been established yet. I tried contacting AMVETS (my appointed rep)at the Winston-Salem Office which is the office that handle paperless claims and they NEVER return my phone calls. I recently re-submitted my claim via VONAPP so I would have some record that it was submitted, however, it still has not been established. Mr. Pamperin, can you assist me with getting in touch with someone at the Winston-Salem office or at least find out why a claim has NOT been established three months after submitting my “PAPERLESS” claim? Why can’t my file be transferred to the RO in the state in which I reside which is St Pete, FL? Thank you for your time.

Is there anyway one can apply for hardship and have their claiim expedited? I am unemployed and in great need of my VA benefits. I don’t like putting my situation out publicly like this but I am truly in need of financial assistance.

Great information….all Veterans, relax go straight to a Veterans Service Organization…they will assist you and understand the paperwork.

Good luck and thanks for serving our Country.

U.S. Marines, Retired
New York State Veterans Counselor
VAMC Brooklyn

This was in error

I read this article and every article that I could find on the claims process. They are all very informative and well written. Unfortunately the “goals” are not being met and I don’t see anything being done to improve this. Everyone has a story and I of course have my own. After numerous years of substance problems I went into a year long residential treatment program where I was diagnosed with PTSD. To mention things I was in Germany during the cold war era and witnessed some events. I began my claim and quickly received a denial notice that I was never in country. They did however acknowledge the PTSD in my VA file and accepted the stressor event. I then submitted proof that I was in country at which point I was denied again because my name wasn’t specifically in an incident report. I again repeated my explanation and informed them that not everyone there had their name in the police report. So it has now been sitting on someones desk for a year, waiting to go somewhere else.

During this time I started receiving a NSC pension with the kicker of my child being in college full time. He took a semester off of school and I like a good soldier notified the VA of this. I then called back and told them he was back in school and what should I do. Well I was told don’t worry about it, he was only out for 1 semester. Well they reduced my pension and then stopped it because I had been over paid. The VA in its infinite wisdom took almost 6 months to process the issue so of course I was over paid.

I then began receiving Social Security Disability because I was determined to be unemployable by the paperwork my VA provider filled out and the Social Security. So obviously I am now not receiving any VA pension just my disability. This I do understand even though it is an extreme hardship. However my SC claim should have come though. I have dotted all the i’s and crossed all the t’s and yet everything just sits and spins uselessly.

Our hands are tied and we have no recourse. I would love to see the rate go up to 95%, but realistically we are in 2011 at a supposed 84% and we will never make the numbers. I personally think in the back of someones mind is the thoufght that if we just make people go around in circles enough times they will give up.

I for one will not give up. I would like to receive a reply on where my claim is and the status of it. Things have gone on way too long.

For Ricky and others, to further the comment made by Denise, the VA Clinician Guide provides the following verbage for VA doctors:

1.16 How do I give an opinion for nexus (relationship to a military incident)?
When asked to give an opinion as to whether a condition is related to a specific incident during military service, the opinion should be expressed as follows:

1. “is due to” (100% sure)
2. “more likely than not” (greater than 50%)
3. “at least as likely as not” (equal to or greater than 50%)
4. “not at least as likely as not” (less than 50%)
5. “is not due to” (0%)

I find it a bit ridiculous that the VA can claim such good quality scores when I hear nothing but bad things out the whole process, and its not just what I hear, but what I have to deal with. While it is nothing like the years others have to fight, their stories only serve to frustrate and disappoint me even more. I felt lucky to have finally been given a chance at claims thru a less difficult process last year at the VA with a supposed “one day one stop shop”. Long story short, not one day, not one stop and the appointments were over a month apart. Process started in June and finally was submitted in Sept/Oct.

Mine is processed by the VA.

My wife is filed thru the newer civilian program and has her letter and money in the bank in about 50 days.

I haven’t heard a word from the VA since. I didn’t claim anything ridiculous, everything was in my records, and the conditions had been being treated since I got out. PTSD diagnosed by the VA stemming from Iraq 2003-04, mysterious undiagnosible throat illness making me sick countless times until finally requiring tonsil surgery recommended by VA, shoulder injury requiring months of physical therapy and then surgery, testicular problem found while still active in Army and just waiting for the day I find bloodflow loss and I’m sterile, because that is just my luck. These things were verified in the office by the Dr doing the exam that day as being all over my records and service related. How is it possible that a civilian company is able to help a Veteran in less than two months but the government I served for, and who has some serious experience doing these claims has gone through half a year? And it certainly seems likely from other people it may just be a lot longer. I just realized how much of a rant this was becoming, and somewhat apologize. However, if it wasn’t true and ridiculous I wouldn’t have anything to rant about. And that doesn’t even count my first time using the VA which made me end up using civilian care for so long. I guess my overall point is that the system is broken, and to claim otherwise is preposterous. Thank you for your article and your service, but I followed said article, minus the Vet reps.

Mr. Pamperin ,

Welcome home.

Well done sir. Thank you for a nicely done and straight-forward article. This is exactly what I hope to see much more of on Vantage Point.

Much of your good advice is exactly what I’ve told veterans for many years via my writing at http://www.vawatchdogtoday.org.

I respectfully disagree that the veteran should have a representative at all times. It has been noted often that the first level of a claim for disability compensation is not adversarial and it is an administrative process. While there may be debates about that statement, overall I believe that to be true to a great extent.

To file an initial claim is actually a simple process. It requires only 3 pages of the 21-526 be completed, the DD-214 and evidence in support of the grounded claim. It is no more complex than that.

It is my experience after talking to a great many Veterans Service Representatives and Ratings Veterans Service Representatives (VSRs & RVSRs…VA employees…the decision makers) that they would often rather work directly with the veteran than to have an untrained and overworked Veterans Service Officer (VSO) serve as middleman.

All too often the VARO is blamed for lack of timely processing of a claim or lost paperwork when the fact is that the VSO hasn’t processed it off of his/her desk. The VSO has a well deserved reputation for not returning phone calls, etc.

It is my philosophy and I teach that a veteran who is capable of reading basic instructions, has a computer/printer and Internet connection and who is willing to take a bit of time to learn a few basic rules will be much happier with their own control of the claims process as it goes along.

I teach 5 basic steps to follow

http://www.vawatchdogtoday.org/uploads/5BestPractices.pdf

that are similar in many ways to your advice.

You say that the Veterans Service Officers provide a no-cost alternative to using lawyers, etc. While that may be technically true, most often the first thing a veteran hears from the VSO is a sales pitch to purchase a “life membership” in the organization. The hint (wink, wink) is made that the veteran’s claim will receive heightened attention because of the status if the vet is a life member. I know of times that the VSO has refused to accpet a claim if the veteran declines membership.

The only VSOs that I actively refer to today are those employed by the state/county where the veteran resides.

“Nobody cares about your claim the way you do” has been my credo for years. Most vets are very smart and fully capable of managing their own claim when the VSR-RVSR are well trained and doing their job.

Again, many thanks to you and to Vantage Point for an informative and useful article. To hear from senior officials of VA in their own voice is refreshing.

For the VA to set a goal of 95% by 2015 is crazy, I filed my claim on 1/13/2010 and almost a year later it is sitting on a desk in philadelphia waiting for a 2nd signature since 11/22/2010. I try to call the comp and pension office in philadelphia 1/3/2011 and again today 1/4/2011 and go figure all i get is a busy signal during normal business hours but then after normal business hours it rings right in although everyone has gone home for the day.

Having problems with the captcha code again and then another page came up with Website not found.

I will attempt to put my response in correctly again. If I do, please erase the above as I had added to it as you will see.

Thank you.

BH

I have been out of the service from 5 years but have several military related conditions that need evaluated. After reviewing some documentation, there is reference to “Nexus” letter or “Buddy” letter. I am located in South Korea working as a DoD contractor and want to know where I can get a physician’s Nexus letter.

Thanks