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Reconsideration Letter Question

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Re: Reconsideration Letter Question

Post by Sapper Zodiak on Mon 13 Jul 2015, 12:40

Regarding your file and personal injury information:
I had a meeting with my new cm now that I have moved. We went over my entire file and found something missing. In 1991, I was diagnosed with brachial plexus palsy in my right arm and hand, approved, covered, pensioned etc. At the same time I was diagnosed with a Long Thoracic nerve injury directly related to my pensioned conditions. I was operated on for this nerve damage where the doctors fused my right scapula to my vertebrae in my thoracic spine. I have had two such operations on this problem. It does not exist in my file! Nothing about a LTN injury, surgery, years of therapy or anything. Now I still have the nerve damage, but must convince VAC that it has always been there. I have all the surgical reports etc. but my cm found no mention of this condition in my file!! Amazing! Further to this, VAC thinks I have a shoulder problem. Uh...shoulder problem yes, with nerve damage in my arm and hand and back. Shoulder...I'll shoulder them! Check your info my people. You may be surprised by what is missing.
Shoulder shruggin Sap

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Re: Reconsideration Letter Question

Post by tfmm on Mon 13 Jul 2015, 11:29

Sorry Bigrex,

Auto-correct drives me banonkers.

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Re: Reconsideration Letter Question

Post by tfmm on Mon 13 Jul 2015, 11:27

Big red,

Years???

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Re: Reconsideration Letter Question

Post by tfmm on Mon 13 Jul 2015, 11:26

Being in uniform and on your way to a base should be considered service related.
A Legion rep told me VA has awarded in the past under similar circumstances.

As for wait times...
A friend of mine told me yesterday that a large number of GST cheques were not processed (hers included), and that when she asked her gov. friend about it she was told gov. employees were being sacked across country so Harper could say he balanced the budget before re-election.
Prepare for a long wait for pretty much everything.

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Re: Reconsideration Letter Question

Post by bigrex on Mon 13 Jul 2015, 11:19

I am almost out of the woods. The only thing left is a reconsideration hearing for my back, because after my VRAb appeal hearing, they increased my entitlement to 2/5, but refused any higher. They said it was because of preexisting conditions, and other injuries, but yet there were none, and did not expand on that, nor did they list any actual contradictory evidence used, such as an accident report. They also said that they questioned how my doctor determined a minimum level of 3/5, and questioned her credibility, without actually saying what exactly they had a problem with. Even the OVO staff that I have spoken with were left shaking their heads after reading the decision, but are powerless to actually do anything about it.

But the lawyers said that the hearing will likely not occur for several years, so for the time being, I am done.
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Re: Reconsideration Letter Question

Post by Dannypaj on Mon 13 Jul 2015, 07:56

Found this tidbit of information on-line for those interested.
Veterans Affairs Canada's explanation regarding wait times.
"In particular, the department is failing to meet its targets when it comes to re-examining previously rejected applications, and processing those where a veteran is asking for new benefits because of a worsening condition."
This is probably the answer I am looking for to why there are delays, VAC is failing to hit their target .  My ass! They are running out of ways to frack a Veteran.  That is what is happening!   
and also,"They (VAC) have also cited “the learning curve associated with digitizing our processes” and a new requirement to call veterans for additional evidence before rejecting any claim."

So now Prior to an application being rejected, one will receive a phone call asking if they can gather up more evidence or what?  Checking my mailbox honestly causes me anxiety and instant stress! Now every time the phone rings Monday thru Friday has just been added to my daily struggle and stresses dealing with Veterans Affairs Canada.    

No phone calls as of yet, so either a good thing or they haven't even looked at my file yet.
How long can one wait.
BigRex,
I also can't wait for the day I can say that I don't have anything pending with Veterans Affairs Canada.
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Re: Reconsideration Letter Question

Post by Dannypaj on Sat 11 Jul 2015, 16:39

Thanks guys,
Hopefully I will hear something sooner than later.
It is frustrating not knowing what sort of response I will receive this time around and also what options I have remaining if I am denied again.
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Re: Reconsideration Letter Question

Post by bigrex on Sat 11 Jul 2015, 10:45

Honestly, I do not think there is any rhyme or reason to the reassessment processing. I submitted the medical questionnaire for my reassessment back in February, and it was sent to PEI at the end of March. I was preparing myself for the long delay, after reading others experiences, but was shocked when the answer arrived a day shy of 14 weeks, on July 2. The thing is, the letter was dated June 22, stating the effective date for the disability award increase was the 16th, just past the 11th week mark. I' m not complaining, but if there are active files sitting at over 16 weeks, those should have been cleared off the books before even looking my file, or at least send the veteran an explanation for the delay. That is the only fair thing to do.
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Re: Reconsideration Letter Question

Post by johnny211 on Sat 11 Jul 2015, 09:54

Dannypaj - Hi, on my sit. I had 2 just completed recently, first one was 19 wks, and the second a review was 23 wks. On the last one, I had enough called the OVO, and after they lit a fire, it was completed 2 days later. The OVO rep told me they are getting alot of calls due to wait times way over the 16 wks. VVV...
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Re: Reconsideration Letter Question

Post by Dannypaj on Sat 11 Jul 2015, 08:07

Situation update

Myself, I am  still waiting for a decision from VAC.

What is the usual time frame for a reassessment?

I have seen a picture on social media of a veteran with a sign saying that he has been waiting 11 months for VAC.
Well, he better set up camp, he could be there awhile.
I am not sure what he is waiting for and for him having to do this in order for VAC to notice him and move his file along faster is unsatisfactory.
Not knowing what they are going to decide and having that hanging over your head for 11 months and for someone like myself, awaiting decisions for the last 12 years is pretty fracked up.
Your life is pretty screwed up when the best part of your day is checking the mail for  any kind of correspondence from VAC.

Anyway, has anybody else been waiting for VAC for anything and what has been roughly the time frame for getting a response?
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Re: Reconsideration Letter Question

Post by Dannypaj on Sat 02 May 2015, 08:13

Wild Thing,
Did you contact the OVO and have them review your file?
Sometimes DVA makes mistakes and if you are not on top of it, you will never know and they will never tell you.  
In saying this, it is important to have a set of fresh eyes look over your file and see if they can help.
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Re: Reconsideration Letter Question

Post by Dannypaj on Sat 02 May 2015, 08:05

SITUATION REPORT

1. After the OVO reviewed my file and a discussion the OVO made with Head Office, they concluded that a departmental review of my case is needed (Holistically).
2.   Head office will also review my PIA application, where as they did not have a clear picture of my situation. Head office were relying on information gathered in 2012 to do their assessment.
3.  The DVA advocate finished writing my appeal letter to VRAB including the submission of new evidence and an updated CT scan.  She indicated that there is no time frame as when my case would be looked at for reconsideration (reconsiderations are second to an appeal case which take presentence).

This was a good week for me.  My pleas for help are being heard; and maybe just maybe I can finally put this to rest knowing that VAC is actually listening.  The saga continues, as now I sit and wait on the outcome of the reconsideration and the departmental review.

What should I expect and does anyone know on how long it takes for a departmental review?

Thanks Dan
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Re: Reconsideration Letter Question

Post by Dannypaj on Sat 11 Apr 2015, 14:54

VRAB took away 4/5th and justified it by stating my medical condition was mostly contributed by the MVA. 
VRAB will now have to consider this new evidence and give me the benefit of the doubt, of what I have already stated in the decision process, which is that, the military contributed more then 1/5th to my back condition. 

This new evidence is just further proof.  Anyway thanks. I will call the office and get clarification of what else they would need to help my case.
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Re: Reconsideration Letter Question

Post by Guest on Sat 11 Apr 2015, 14:22

What about consequential from a previous awarded condition ?

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Re: Reconsideration Letter Question

Post by bigrex on Sat 11 Apr 2015, 13:59

The ct scan will not affect the 1/5th, but hopefully the letter will. You could be paralyzed, but if VRAB doesn't think that it is related to military service, they still wouldn't increase the 1/5.
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