VA is sitting on my package and "no one" can help...

ankspondLT

ankspondLT

PEB Forum Regular Member
My package was reviewed/signed/mailed on June 30th of this year. I have been calling the chiefs in the DTAP office at Portsmouth Naval Hospital for the last 2 months for status updates and have been told every time, "It's with the VA for rating." I spoke with my VA MSC and she told me the same thing. About 2 weeks later I spoke with her and got the same answer again. About 2 weeks later (this brings us to yesterday) I spoke with a chief in the DTAP office and he gave me the same answer, which I refused to just accept, at which point he began talking over me and basically hung up on me. I called his supervisor (a fellow O-3) and got only voice mail.

At this point my package has been in the hands of the PEB/VA for 140 days and not only have I received no notification about what is happening, the answer I have continuously received is that the VA has it for rating and that I need to sit tight. Apparently there is NO ONE who can be contacted for a status update, there is no accountability for the 295 day timeline, and the VA is completely insulated from any kind of DoN scrutiny or oversight.

I'm furious at this point and pretty much unable to handle this situation on my own without losing my already short temper. I'm not generally one to rock the boat, but this is completely UNSAT. If my package is sitting on someone's desk at the VA, I think I'm entitled to at least know that it is still tracking through their system and is being processed in queue. I strongly suspect that my package is either lost or backlogged somewhere and the MSC is either unable or unwilling to take any action on behalf of the servicemember/patient (myself). Again, UNSAT.

Who or what is the bellybutton to push to get this process moving?

Where is the transparency and accountability to ensure that the IDES timeline is adhered to or at least vaguely acknowledged?

What are my rights as a servicemember/patient when the VA/DoN exceeds the alloted 295 days?

All good questions for a JAG, I know (going that route as we speak) but I figured I'd ask here in case anyone has been in a similar situation.

Thanks,

Tim

Edit: I recognize the title of this thread is a big "that's what she said..." That was unintentional...lol
 
No good answer here. If you look at my case timeline below, this process CAN take a long, long time. Since I was in the legacy program, I'm still waiting on a VA RATING. I sent my package to them in Oct 2009 and exams have been complete since Apr 2010. I have the DAV as my rep in Roanoke VA but have never been able to get them on the phone.
 
ankspondLT,

I would call the 800 number for the VA and ask them. I did this and the VA was able to tell me:

Yes, we have received your information (packet/package from PEB).
Yes, we have made a determination.
No, I can not (do not have the information available to me) on your percentages.
It is under final review at this time and will be sent out to the PEB when finished.

I asked how long will it take because I am changing addresses:
Her response was you will receive the information before you move (two weeks).

She was correct in all aspects.

Call the VA and see what they tell you.
 
If you don't have any luck with the 800 # for va, call the va regional office directly. If you know what office your packet is at, then do a wed search to find the # for that office. I did this and the lady I got ahold of was very helpful.
 
Funny thing, about 45 minutes after I finished my little rant on here I got a phone call from the OIC of the DTAP office at Portsmouth. He called the VA on my behalf and they told him my package was finalized on the 15th; I should receive notification within 7-9 days and be called in to review/sign the findings.

Squeaky wheel gets the grease, I guess...I'll post back once I get to review the findings.
 
Got a verbal over the phone yesterday that I was found UNFIT and will be separated with severance at 10% disability. Going in to the PEBLO this afternoon to review my findings. I'm curious what DC's they have me listed under since 10% seems low for AS...this has been a very frustrating process.
 
We need to talk. I hust had an Army AS case come back at 10% by the VA as well. This is wrong. Please send me a PM with a phone number and a good time to talk.

Mike
 
PM'ed. My DC is 5239 for seronegative spondyloarthropathy, vice Ankylosing Spondylitis. The thought my Rheum. had was that since we stopped the disease early there's no concrete evidence of ankylosis, hence why he put the diagnosis in as it is. The VA writeup says that since I fall into the "normal" category for ROM and only have residual tenderness in the joint that it's 10%, case closed. 5239 is listed as "spondyloisthesis or segmental instability." Not sure that's the same thing as seronegative spondylitis.

Looking forward to your call.
 
Your condition should be rated under DC 5009-5002 which should garner at least a 20% rating. I will try and call this evening.

Mike
 
Epilogue: Rating was reconsidered and the DC5009/5002 code was applied to my case. 20% proposed rating with severance. I tried to play the psoriasis/immunosuppressive angle and they basically shot that right in the head:

"While the rating criteria does mention the same medications you take, this evaluation is predicated on having the diagnosis of psoriasis. There are no provisions in the law which allow us to apply this rating criteria to sero-negative spondyloarthropathy."

As to my argument that the use of such medications should qualify for extra-schedular rating consideration under 38 CFR 3.21(b)(1) they said:

"This issue is not being referred to C&P Service because the available schedular evaluations (for active and non-active) are considered to be adequate for this disability."


Not the answers I wanted, but it's ultimately what I expected. The rheumatologist submitted his addendum 30 days late, so it was not included in my rate reconsideration package...based on what he said in there, I think I would have been assesed at 40% for 3 or more flare ups per year:

"Given the research that LT XXXXX has found on the disability, it would be in my professional opinion he would warrant at least a 20% disability rating considering he does have an autoimmune condition that is likely to be lifelong. It will require biologic therapy, which is considered very strong immunosuppressive drugs. It is very likely the patient will go into a falre of his condition if this medication were held. The patient actually has done that trial himself where he had an infection and held his Humira, and his condition did worsen then did remit once he started back on the medication. Therefore, it would be reasonable to say he would get more than two exacerbations per year, especially if he was not on therapy, and we know of at least two exacerbations that he has had while on therapy although one of them was subjective and one of them was documented."

I'm not really sure if there's anything else I want to do about this. I already have a job on the outside waiting and at this point the sooner I can separate the better. I think the only other option I have is to involve my congressman in some capacity to have the Rheumy's addendum included, and honestly I'm not really game to go through that kind of nonsense at this stage. It's been over a year now since I started this nonsense and I'd rather just move on with my life. Hopefully this is somewhat helpful for anyone going through something similar.

Tim
 
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