This was not BVA this was Dept of VA. It happened to me long ago- I had an appeal at the BVA but subsequently succeeded in the claim at the VARO level. I dont read all posts every login and will gravitate towards those I have more info on. I was in the Army for 5 years. HadIt.com Veteran to Veteran Changes Ownershi. How do you approach Dave with a problem? done with speed and efficiency. Unfortunately, the website appears to be down and it is unclear if this is temporary or permanent. It was explained some time ago that "certified" by the VARO should take 2 hours, but it can take more than 1 year. Many customers have had positive experiences ordering from them, and their customer service has been praised for keeping buyers updated on order status. What does your eBenefits status tracker say? There was new evidence that was submitted before that was NOT considered, and I again submitted even more NEW and supporting evidence this time. Clear editor. BVA decision : r/VeteransBenefits - Reddit Many visits to the allergist with no conclusion or diagnosis. Social Security Disability Attorneys in Kansas City, MO Your link has been automatically embedded. Your appeal is at the Board of Veterans' Appeals, waiting to be sent to a Veterans Law Judge. It's possible to pay with credit card or Western Union, but PayPal isn't an option. or concerned about one, connect with our caring, qualified responders for confidential help. They tell me that BVA is taking about one year. I see on the dockets that many other states are moving fast but for some reason Texas is taking the longest. Your appeal is at the Board of Veterans Appeals, waiting to be sent to a Veterans Law Judge. You must demonstrate that your active military service is what caused or aggravated the diagnosed condition. Problem solved. In other words, you applied, it was denied, you appealed (or reopened) and it has kept your appeal "alive" since you first applied because you have kept on jumping through the hoops to preserve your effective date. BEING OVER THE AGE OF 75 I WAS LUCKY TO HAVE A HEARING IN 12/2018. the VA writes lots about their new moderization act yet, I hear their mouths moving and their actions dont match!!! I contacted a US Senator for assistance. the expeditious processing of his VBA remand We want to keep the focus on VA Claims, and this helps us do that. He was 100% disabled many years ago. Hi Arnold, in your second sentence, you wrote that you called in, but didnt say who you called. Still in school. Scan this QR code to download the app now. While VA does request them from the DoD/Archives, never assume that VA was able to obtain them, or all of them. Do you also have a current pending new claim for the same or similar medical condition? (which they took credit for but Never helped me at all). Mine was filed 12/2019 and still says waiting for judge assignment. This patent covers not only the Grub's Mystery Green, but also Brads Atomic Grape and Barrys Crazy Cherry. Please read the dictionary meaning posted above and get back with me. Was that female Indian Doctor at the Syracuse VA by chance? It is the same code, but for a dislocated collar bone its 20% for either arm. As an example of what the new system can do for you, lets say that you got two decisions in 10 years in legacy. I finished and gained my wings. Hi Steve, the AMA began in February 2019. In the meantime, I didnt have enough time to get the social security for him nor for any life insurance via the DAV and etc. I have suffered severe pain and because of the opioid crisis I just have to suffer. Mine was dislocated in March 1987. If it did when was it sent and what is the current status? I faxed 5 pages of VA awards to 60% and a cover page saying in bold PLEASE HELP. Then people wonder why veteran suicide rates are so damn high! After not hearing any thing after 2 months, I called in and asked for assistance in finding out if there was a problem, and if there was, how to work on it. Include your name, the VA file number for your appeal, and the reason why you need a new hearing date. I did not take that long to get turned down again, even though its documented in my military medical records. That didnt check out. I would estimate that tens of thousands (if not hundreds) of veterans have had claims delayed and/or denied because of these two basic issues. Hi Kimberly, the options are well explained. My lawyer did request a hearing and my Ebenefits was showing I was waiting to have my hearing. I filed had filed an appeal to upgrade to 100%. Im like no, its still wrong, the dates are wrong, how they are writing the percentage for the code is wrong. My school mha (bah) is 4900. The judge will review the hearing and the other evidence in your appeal file before making a decision. Q? Financial Literacy Month provides an opportunity to get caught up on often overlooked end-of-life planning. That is where you can get an update on its current statusincluding whether it is in RAMP, or in the legacy process. If you were injured then but not now, then you may not be eligible to be compensated. German Commander (WWI)lectured to the US Army after the war on warfare-- PTSD - tactics etc-and Leadership This was right after Nurse Maude DeVictor brought to attention of physical problems Vietnam vets were experiencing. Federal government websites often end in .gov or .mil. Submit VA Form 9 to the Board of Veterans Appeals. Fear is not an option. The judge will review all the evidence and make a decision or remand it. I know you have to request a hearing if you want one. Powered by Invision Community. Have evidence of sleep apnea since 1954, but have been denied twice as insufficient, even with a NOD statement from my sleep Doctor. BVA decision soon?????? - Appealing Your Veterans Compensation That system was broken, and often took several years to render a single second decision. Your appeal is at the Board of Veterans' Appeals, waiting to be sent to a Veterans Law Judge. Took close to another year to deny EVERYTHING, except increasing my shoulder another 20(Even though Im only getting paid for 10 of that) then decided they would compensate giving me more money, by taking 10 AWAY from my damn knee! The video above touts the virtues of the new process, and explains two new ways for you to opt in. I have also had problems at the VA hospital that I go to. A representative whos trained in the appeals process can help you prepare for your hearing and for the conversation with the judge. Upload or insert images from URL. Yet, they wanted me to dig up names and get them to testifyYou know how many Martinezs there are? When will this torment end?! adjective This process allows us to remove spam and other junk posts before hitting the board. EIN 92-2360268, VA Disability Claims Community Forums - Hadit.com. VA Court Remand Appeal Timeframes - Veterans Benefits Network A Veterans Law Judgewill review all of the available evidence and write a decision. I also am in this exact stage. When the 90-day time period for submitting new evidence closes, your case will be placed on the docket for a decision by a judge. When the 90-day time period for submitting new evidence closes, your case will be placed on the docket for a decision by a judge. So they got the initial claim wait time down, but at same time, these new, unqualified folks made some dumb mistakes. So now we have a new improved RAMP system and they arent doing what they said they would do. Question A. I was previously denied for apnea Should I refile a claim? If your lawyer is familiar with the judge, he or she may have an idea of how long that judge is known to take to issue a decision. Whether youre growing heirloom varieties or hybrids, tomatoes offer something for everyone. So I did and they say back then that average claim time is 120 days. Your first posts on the board may be delayed before they appear as they are reviewed. Before you get started, you'll need to decide what type of vegetables you want to grow. Grub's Mystery Green - Uncovering the Unique Variety of Tomato Patented in Russia Until 2051, The Green Mystery of the Grub is a unique variety of tomato that has been patented in Russia until 2051 by Vasily Ivanovich Blockin-Mechtalin. About two weeks ago, I received a letter saying it had been docketed, but they are waiting for assignment. Is that normal if you dont request one or can the judge request one. Your appeal is at the Board of Veterans' Appeals, waiting to be sent to a Veterans Law Judge. I have multiple disabilities and am at 90%. Copper has been known to kill tomato plants if placed directly into the stem or base, but placing copper wire around the wound may not have the same effect. Two weeks later they approved my claim. Today, I can not stand to walk into another VA facility. The funny thing is, mine has never been broken. all the while I continue not be able to pay the VA copays that they keep sending for the illnesses they caused?? I immediately filed a motion to have a hearing ON THE RECORD WITH THE EVIDENCE. Just wondering if anyone has any idea how long an appeal can stay in " Your appeal is waiting to be sent to a judge" status. NOTHING HAS CHANGED AND NOTHING WILL CHANGE UNLESS YOU WALK INTO THAT HEARING ROOM WITH F. LEE BAILY, ESQ. The appeal was filed in 2010, but it would not be 2016. I would say that the majority of claims that are processed are short sheeted (the reviewer only looks at specific things like the DBQ or a IMO) and they never really check the claimants history. Hi John, having a medical condition is not enough, on its own, to be granted compensation. I ask him why and he couldnt give me a reason. Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. It appears that most of the problems are caused internally by VA personnel. First off thank you for what you all are doing, my concerns are the following: 3/25/2019 my appeal was awarded and my percentage was raised from 10% to 60%. I had three disabilities that had been sitting in the legacy appeal system for four years. But he also showed me differences in exam, it is now much worse than 2017 and she could not have gotten the data she inputted. Under 38 U.S.C. They ignored my letters completely-I sent more than one letter and finally called the OGC and the VA OGC fixed that immediately with an order to my RO to refund the offset, and a copy of the order to me as well..the check suddenly was in the mail. If not all BVA can do is to remand everything back to the VARO. I suggest you contact the BVA ombudsman to let them know and they can withdraw the appeal. I have been waiting 9 months on this so called quicker way and have heard nothing. No remand, hasn't got that far. So they must approve some in a few days to have an average of 36 days. It was kicked back from the Veterans Appeal Judge to the RO to do some more work. They definitely did not have my back and since my discharge in 1970, I felt left behind. Get VA Form 10182 to downloadLearn more about requesting a Board Appeal. The National Caner Society told me cancer cells can stay dormat for years and years before becoming active. Bva Advance On Docket For Hardship - HadIt.com Veterans Hi James, the simple answer is that its in the Code of Federal Regulations. Donations to Hadit.com are tax-deductible. WARTAC trains separating service members to become VA Veteran Service Representatives (VSR) or rating Veteran Service Representatives (RVSR) with the Veterans Benefits Administration (VBA). Privacy Policy. He says well this is what youve been waiting for. "When arguing with a fool, you should first be sure the other person isn't doing the same thing. Your appeal is Advanced on the Docket. Trench warfare The whole system is corrupt. Washington, D.C. 20038, go to the Board of Veterans' Appeals (BVA) Hearing page, Find out what to expect at your Board hearing, Reschedule or withdraw your Board hearing request, Learn more about requesting a Board Appeal, Use the address or fax number listed below, Appealing a VA decision you received on or after February 19, 2019, Opting into the new process using VA Form 10182, Tell the judge why you think you qualify for the VA benefits in your appeal, Answer any questions the judge has about your appeal. What your decision review or appeal status means Your status tells you where your claim is in the decision review or appeal process. If you don't agree with the Statement of the Case, you can continue your appeal to the Board of Veterans' Appeals. My only request to Dave is to run this properly, or move on. Appeals Council: The appellate division is the third step in the process of appealing a denied SSD application. Well today it change to your appeal is with the judge. Submitting new evidence at this time could delay review of your appeal. Hi Tom, if you would like medical help, please click here: https://www.va.gov/health-care/. chocolate brownies Then you would need to file an appeal after that. This gives members a starting point to ask clarifying questions like. What the VBA, or BVA what ever entity has my remanded claim now needs to do, is hold the person, or persons accountable for not following the law. Cruiser I don't know if my VSO mentioned that. Redirect millions to prevent the errors that cause the expenses generated in repetitive processing and appeals and this should pay for itself. You can see this by the VCAA notices and the Bryant discussions at hearings. You can post now and register later. They lost my file for 6 months). have hearing loss, VA plans, budget, finances, and performance. them are Veterans themselves. 33 years I have been fighting the system 33 YEARS!! I call about once a month to check the status of it. It took over 25 years before the VA admitted there was an agent orange issue for my husband. The site is secure. My life has completely turned upside down. And now youre stuck. You must demonstrate that your active military service is what caused or aggravated the diagnosed condition. Please make sure Dave receives this, and have him call me to answer other questions. Damnhope I dont have any remands lolololol.. My remand took about 6 months to complete, from the time the VBA submitted the orders for the remand to completion. Currently, there is a small group of RAMP claims pending, and are being completed everyday. I had a similar experience with a female Indian Doctor. It's been 2 years for me.i'm just trying to see if there's any movement. or how can my case be expedited? Advice given is in no way a substitute for consulting with a competent Veterans law firm, such as one on the NOVA advocate website !! Regards. Whatever evidence I presented was pooh-poohed and then those reading my claims, compared me to themselves and others who happen to succeed in life without any problems. Yes, you can bring new and relevant evidence to your hearing to share with the judge. One of the first questions that you might ask is this:Its a legitimate question rare is the Veteran that finds themselves sitting on the couch eating bon-bons Continue reading, try to see what is the timeline is of veterans. Q? Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. My DIC came by direct deposit to my account.My bank never got the wire transfer and I was stunned that instead they sent this very large check by mail. !! Congress complained and VA hired a bunch of new claims people. Our appeal was filed 2/20 and its still pending judge review. The new and improved appeals process allows us to do all of this with less red tape (antiquated laws), and to actually work with Vets in some instances in getting them to a favorable decision. I also have a dependency claim for my son in college and travel back pay reimbursement. Donations to Hadit.com are tax-deductible. Before my leg was amputated I had metal from my ankle to my thigh and the leg was very unstable. See comment above for rating criteria in the CFR. Yes. They still denied my claim. Your previous content has been restored. Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. She looked up my information, and said that she looked at it, and determined that it did not fit the profile, and that she reassigned it to the regular process, and that my approximate wait would be 458 days. That is to insure the retied Soldier gets as little as possible for what is due. If the Vet has more or new evidence to strengthen their case, or would like assistance from VA, the SCL is the lane to take. Veterans are assigned 0%, 30%, 50% and 100% ratings for sleep apnea, depending on the severity of their condition. Capt Adoph Von Shell-interested in any info at all! Paste as plain text instead, However, the time it takes to get a decision is different on each docket. Fought for an increase, which took about 3-6 months for 10 more on my knee. Beautiful hills of NY andwidow of 2 vets, 2 HD each and mother of USAF vet-my daughter, 7 years Top Secret Intel, tactical warfare - AMU 1st Civilian graduate and with Honors An Interview with a Board of Veterans Appeals Judge: Learn what's For more info on the benefits of HLR and SCL (compared to legacy), please watch the video above. Choosing the Right Variety I used to believe this until VA Proved me Wrong. The site is secure. That they were incurred while in Service, did not Exist prior to Service, were Permanently Aggregated by Service. Get more resources at VeteransCrisisLine.net. I can even remember two instances where I was sprayed, once in my face, where the cancer is located. The VA is responsible for the loss of my right leg, above the knee. Decision soon Your appeal will soon receive a Board decision. 7107 (a) (1), all appeals at the Board shall be considered and decided in regular docket order according to its place on the docket. This is all very sad that we are treated like this. I have had outside organizations screw everything up and never followed up with the apeals Im tired and the VA SUCKS! If a hearing was requested, one must be provided. Two last things, I will not be afraid to send in additional claim evidence when my appeals are not finalized. Your appeal is being reviewed to either be granted or rejected. Any advice would be greatly appreciated. Live with Restream | license | Live with Restream CCLI Copyright 4390 Send your written request to the Board using the address or fax number listed below. Theyve done a few xrays, but didnt do a MRI until just 6 months ago. I did a lot of research and was under the impression that if the evidence was SO compelling and it was at a 50/50 status WE the veteran were supposed to be granted the benefit of the doubt and GRANTED OUR APPEAL and given the benefits we have earned. If you're appealing a VA decision under the new process, keep reading below to learn how to request and prepare for a hearing. That letter only denied two disabilities and did not even mention the illegally closed appeal. Hi Ted, sorry to hear. Been going to school since October 2020. I was enlisted during paper records. Cal Tjader, Miles Davis, AmerIndian battle chants, So guess what, they Appeal waiting time skyrockets from less than a year to as much as 7 years. Most CommonVADisabilities Claimed for Compensation: Can a 100 percent Disabled Veteran Work and Earn an Income? Youre still in the legacy system, which is now closed to new appeals and which will someday be closed for good. The average wait time it takes to get a decision is eight weeks. I dont wish this system on anybody least the government I defended??? He said there must have been a mistake so he said he would forward it. I really dont like hearing this from one Vet to another! Well yes I won 8 years retro because the regional office Never certified my appeal to the board from service.. As Dave mentions in the video, RAMP averaged about 130 days, which is slightly higher than our 125-day goal. Even a confirmed location of Agent orange at Utapao AB, Thailand & my workstation was the 11th USAF Hospital which backed up to the Klung which was infested requiring the burning with Agent Orange. That, after all, was the primary purpose of the Federal Government in the first place: to defend the national borders and protect the states from foreign invasion.another thing they failed at. In the case of sleep apnea is secondary related the pain killer like tramadol and anxiety medication like lorazepam . Why would a sane person even think about using RAMP? :). Examples of good cause for rescheduling would include if you, your representative, or a witness are sick or you had trouble getting records. Your hearing will be transcribed and added to your appeal file. Cant get ahold of, leave messages, still doesnt return your call or when he did, he called me by a different name. This was over a year after I appealed. I will likely go to the grave believing, they owe me big time, and they truly could have made a real difference in the outcome of my life had they listened and actually helped years ago. If you have an account, sign in now to post with your account. Display as a link instead, Federal government websites often end in .gov or .mil. After my husband died, the representatives at this senators office said they forgot about him as well as the rest of the vets at the VA nursing home. My case was screwed up so badly I had to hire a lawyer to take over. To commemorate this special occasion, KarenO, a registered nurse with 35 years of experience, has started The Nightingale Project. They have the roster for those whom I lived with while in Vietnam. Should I refile? I have been considering an appeal process to try and get some medical help on old injuries from active duty days. (Yes, that is what she said, and hung up. im not back at the docet myself for misapplied EEFso another 2 years and i might officially be done with this mess. "jump through the hoops" means you timely filed a NOD, or got VA to reopen, and when denied again, you appealed timely again. Youll keep the same docket date, and your hearing will be rescheduled to the earliest date possible. You arent required to have a hearing. Most veterans wait at least a year. Vets often submit new claims for medical conditions that are pending in appeals, and we have to close/merge those. Finally please if anyone reads this Do not hire a law firm please take it from me my daughters lost 8,000 in the blink of an eye because I did this and they got the money before I was able to fire them. We want to keep the focus on VA Claims, and this helps us do that. It is a secondary service connected lumbar back pain? Seems to me the new AMA process is the same process as it always has been, except for a speedier denial avenue for the VA. And when do we get the notification paperwork to start this opt-in process? Three months later, I have received nothing back. Also she would not tell me her name or facility that she was located at.) Getting rid of a law firm is very difficult once you retain them and they are directly related to the appeal process or the initial claim. (having a medical condition is not enough, on its own, to be granted compensation. To call my representative (I mean to get ahold of him), when he finally calls back. 101st ABN 2 times in Vietnam. The VA dosent follow their own rules about settling claims. this was originally submitted in April 2015 and the regional office in Wisconsin is incompetent and stalling this process which is painfully obvious!!! A Board hearing is always optional. I have experienced PTSD even from the VA and the VA hospitals who abused me while I was inwhen I subjected myself to them. It says on Va.gov that I will have a decision soon. 2. Here in Feb. Who appeal was at this point to the decision. Your first posts on the board may be delayed before they appear as they are reviewed. Youve just been rated 100% disabled by the Veterans Affairs. The results, Traces of scar tissue identified as the so called Agent Orange. My VSO and Am Legion reps tell me Do not send any updated claim info or contact the VA it will just confuse them.The VSO office also claims there will be a domino effect and the 60% will come then the dependents then 100% for unemployability and then the rest of the appeals due to my cardiac condition not being properly diagnosed. You still have the option to submit new evidence, as long as you send it to the Board within 90 days of withdrawing your hearing request. If the latter, then this blog tells how you can have it moved into the new AMA. Note: Your post will require moderator approval before it will be visible. Its sick when they hire those who can not be hired anywhere else. Im too tired and weary to start another claim or appeal process. The only thing this provided was that the original award date could be maintained forever, as long as you keep chasing the bone down the road and renewing an appeal option. If youve moved recently, please make sure that VA has your up-to-date mailing address. I haven't either. It appears that this patent is exclusive to the Russian Federation, with exporting to Belarus and K-stan and importing from Germany being allowed. Anybody working in the system can write whatever they want in your file, even if they are a one year intern and it is not their specialty. The average wait time for a decision on your initial claim is about 118.3 days. Below are the criteria listed in VAs rating schedule for sleep apnea: 100%: Chronic respiratory failure with carbon dioxide retention, the need for a tracheostomy, or cor pulmonale. Cor pulmonale is the enlargement or failure of the right side of the heart due to lung disease. Youve just been rated 100% disabled by the Veterans Affairs. My husband died at the young age of 52 at the VA nursing home in Pittsburgh. Hes like well now youll be waiting another 4 years to get this right. He made a comment in notes about her not doing physical exam, and she actually used measurement form his 2017 exam to fill in data. I have to wear coveralls due to how pronounced my condition is today! After filing the appeal, your attorney has the option to request an oral argument. I have heard a lot of problem stories over the years, and they are not all from the Tucson VA, it has been the same story from Veterans all over the US, that have moved here. Did you ever win a claim because it was 'certified' to the board by the VARO? Your representative, if you have one, may help you at the hearing. fishing I proved Direct SC death under 2 theorys- and sent the RO the BVA decision, requesting a full refund of my FTCA offset, per the regulations from the BVA. 18 Holden737 Air Force Veteran 1 yr. ago Yeah but if I click on the issues tab on the second picture it changed today to closed: granted 5 saik0pod Army Veteran 100% P&T 1 yr. ago Congratulations your appeal was granted. What your decision review or appeal status means
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