I have an appeal in for a DRO review. The NOD was sent six months ago. 9/10/2009 I call the 1-800 number to check status and this is were it becomes confusing. The counselor stated that I have a secure file (level 7)and that means that I am a federal employee (according to them) so a supervisor had to approve the release of information. Well I've never been a federal employee other than active duty. Secondly, the supervisor tells me that I have no claim on file. No record of an appeal, no record of a NOD, an no record of any C-file request. Which my attorney has requested twice now, three month apart.

Has this happened to anyone else or can anyone give me some advice on what I should do now?

Thanks, ahead of time

Try using the IRIS system to make the request. Someone got it very wrong, probably entered something wrong.

well I got ahold of my attorney today and he was able to shed some light on the problem, I think. He tells me that the counselors at the 1-800 can't access my file since I have legal representation and that is the reason why my file is flagged secured. He also stated that when they try to access the record it comes up blank. The reason why I haven't received my C-file is that my appeal is already in the hands of the DRO and that I can expect a decision by the end of this month or the first part of next month.

Does his explainations seem reasonable to you guys?

mp_Clark

Yes, the 1-800 cust svc reps have very, very limited access to your file, and only have basic information available to them on their p.c screen. Also, you're right that if the DRO has your file, then they have even less. As for your file being "secured" because you have legal counsel is not factually correct. Your file has no more protection than any other C-File they have. As to the expected decision by the 1st of next month or so...Don't hold your breath...normal turn around time from DRO acceptance, DRO review, DRO decision (or no decision, i,e., another C&P to clarify a question the DRO may run across) and then review, signature and sign off by Claims Reiew Supervisor is anywhere between 2-6 months.

But, you never know...you could be lucky, I hope you are.

Eres Tu!

To answer the question, a Sensitive-7 file means either you or a family member work for the Veterans Affairs. Only a few people have access to the file at the 1-800 # and the file must be accessed by someone who has the Sensitive-7 access. Any employee of the VA is unable to access their own file and it will be sent to another Veterans Adminstration Regional Office for obvious reasons. I hope this helps.

quote:

Originally posted by mp_clark:
well I got ahold of my attorney today and he was able to shed some light on the problem, I think. He tells me that the counselors at the 1-800 can't access my file since I have legal representation and that is the reason why my file is flagged secured. He also stated that when they try to access the record it comes up blank. The reason why I haven't received my C-file is that my appeal is already in the hands of the DRO and that I can expect a decision by the end of this month or the first part of next month.

Does his explainations seem reasonable to you guys?

Your representative should be able to obtain the information you need. That is why you obtained representation.

Well, I am starting to see some progress with my claim. I received a letter from the DRO in October stating that they pulled my claim and was pending review. I thought that was good news, now knowing that they are atleast working on it. I now have received a notice that I have a C&P exam coming up very soon, and here is my next question.

During a C&P exam can the claimant ask questions? The reason I'm asking is that part of my appeal is that the Army failed to completely treat and/or failed to follow standard recommend treatment guidlines for my particular mental issue; the following will spell out what I am getting at.

Sept. 2000: Evaluated and Diagnosed with Major Depressive Disorder (Did not specify single or multiple expisode, but this was the first time in my life; so single) Started treatment, combination of psyco therapy and medication.

The rest of 2000: condition did not improve and decision to seperate me from service was made. Army Doctor stated in evaluation "soldier would likely improve once seperated from service.

March 2001: Seperated from the service and all government provided treatment stopped.

Since then: continually treated for depression and that depression has been classified as Major Depressive Disorder, Multiple Episode.

Recommended Treatment for Major Depressive Disorder, Single Episode is: Combination of Psyco Therapy and Medication Therapy until symptoms are no longer present. Once symptoms are no longer present continue treatment for a period of one year before considering to take the patient off of the medication. When taking patient off of medication, gradually reduce the amount of medication taken and continue to observe for reappearance of symptoms. If symptoms do not return, it is highly recommended to keep the patient on a minimal dosage of medication to prevent symptoms from returning for an extended period of time referred to as maintance phase of treatment.

In the army I had a single episode and I feel as long with my doctor is that since the Army failed to treat the problem as recommended by the medical community, that opened the door for my condition to worsten into multiple episode and furthermore with every new episode the likely hood of me having more episodes dramatically increases.

Any opinions or advice on the up and coming C&P exam?

Thanks

If something is not clear, you better ask questions. If you are not seeing a VSO find one fast. I hope you have enrolled in the VAMC and receiving treatement.

The exam will only cover what the rating specialist requested. The examiner will not advise you normally and will not be writing a prescription. Often the examiner will tell a veteran they need to see their Primary Care Physician, so if told do it.

Check this post out:
http://forums.military.com/eve...242001#9510034242001

Thank you for the input Dave,

For your questions; I do not have a VSO, I actually have an attorney. Reason being, when I did have a VSO my representative told me that my case was based on arguements and he had too many veterans to represent to have to worry about arguments. He is the one that recommended the law office my attorney works with. It does make me wonder if he wasn't just doing that to get in good with the law office. Since, he had graduated law school and was getting ready to start practicing law.

Secondly, I have gone to a VAMC for treatment and I made too much money for them to continue to treat me. So they saw me that day and prescribed some medications. Then had to follow up with family doctor. Well, my family doctor had already been treating me for sometime. It was actually that episode that made my family doctor say it was out of his specialty and referred me to a specialist. He has been the one trying to treat me since then. However, both my family doctor and the specialist (psychiatrist) believe my problems originated from service. Family doctor placed his opinion in my medical records and specialist actually wrote a nexus letter.

Well I had my C&P Exam today and it just lasted 4 hours. I think it went pretty well and the doctor doing the exam had some interesting things to say after the exam. Well the exam started with the doctor lightly going over pre military and then he it military problems treatment etc. very hard. Then he told me that doctor in the military did not keep very in depth records so there was alot of questions. He then showed me the letter from the regional office asking his opinion to if he thought my condition was as likely as not caused by the military service. He finished that portion of the exam and then started asking questions and tests to determ the extent it effects my life in reguards to work. Well at the end he said, flat out, that he agrees with my personal doctor, who wrote a nexus letter, stating more than likely as not (greater then %50) that my current condition is the same condition suffered in the military and caused by my military service.

So guys do you think the doctor was bull ****ing me, or what do you think my chances are?

Thanks

Sounds very likely to me that you can anticipate a favorable VA decision.

It can go either way. My C&P for PTSD doc spent lots of hours, told me "off the record" that it was a clear cut 70% disability (which I agreed with). The RO however said he did not justify his findings, and gave me 50%. I don't know why they bothered with a C&P if they were going to ignore his findings.

Just an update: I did the online status check friday the 29th of January. They responded back to me today; 1st of February. According to the email response, a decision has been reached as of the 29th of January; and the response stated

"Now that a decision has been made, your file will go to the authorization department for verification and review."

Question: If the DRO denied my benefits would it still have to go to the authorization department for verification and review?

Question: Any ideas on how long before I have something in writing?

Thanks for all of your imput, I'm not trying to get my hopes up but it would be nice to end this fight after 19 months with a favorable decision.

Schwanke:

Sounds like you might want to request a hearing with your representative, and bring a supporting medical opinion supporting your occupational and social impairment with deficiencies in most areas...

Why a hearing? Well to waste some of their time, allow your testimony to go on record, and burn an hour or so of their time. The medical evidence will be most of the basis for a grant, but skilled articulation of the issues and severity of your PTSD will be icing on the cake.

Thank about it and mull it over.

MP Clark:

Authorization should take most VARO's approximately 30 days unless it is an extraordinary award.

Hello guys; I was hoping to get some clearification on the verification and review process.

I have been researching it and I'm alittle confused. What exactly is a VSR and a SVSR? What involvement do they have with a claim? Also, I keep seeing the numbers of $10,000 and $25,000; what is the importance of these numbers?

Thanks

quote:

VSR

Veterans Service Representative - collect and prepare the information for the rating specialists to review. S is for Senior.

Please provide a context for where you are seeing these numbers.

Job description for VSR:

Major Duties:

: The Veterans Service Representative (VSR) works within a team environment and serves as (1) a counselor or advocate for VA claimants providing information about a broad range of benefits and assisting with applications for VA benefits and services, (2) a legal technician gathering requisite evidence from medical, military, community, and other sources to support benefit determinations, (3) a decision maker weighing the evidence and applying the controlling laws and regulations, and (4) a computer systems user who enters appropriate data to generate accurate benefits payments, controls pending issues or schedules future actions, and releases complete, correct notifications of benefits determinations. The VSR must not only be competent in interpretation and application of law and procedures, but must be well-versed in medical principles and terminology and in public relations skills. In learning this position, the VSR can expect to work in all areas of the Veterans Service Center.

quote:

Originally posted by Rakkwarrior:
Schwanke:

Sounds like you might want to request a hearing with your representative, and bring a supporting medical opinion supporting your occupational and social impairment with deficiencies in most areas...

Rak, just an FYI, Donald is 100% with VA and a retired CWO with the Army.

Very Astute...

Dave_M

The numbers in question, to what I understand, is that a SVSR has to sign off when back pay is equal to or above $25,000. However, that started an argument on the other board I check, some said $10,000 others said $25,000. Then someone said if it was less than $25,000 two signatures were required to approve and three signatures were required to approve $25,000 or more. This is what I'm gathering but the argument made it difficult to follow. So I thought I would ask here, by what I read several people have the ducks in a row, including you and the other Dave.

Thanks for the response though.

The big sign offs are in the rating process. The higher the rating, the more senior the rating officer is required to review the claim for accuracy.

As a former software designer, my best estimate of the process is that the computer knows the filing date, and effective date. The VSR enters each disability approved and the percentage granted. This calculates the total percentage, monthly pay and back pay. Different levels of awards trigger checks to make sure they are entered right. Most people who use direct deposit receive their back pay before they receive their package from the VA.

I do not think it is important how many people check what, it is important that it is right, and that is a good process.