your appeal is waiting to be sent to a judge

your appeal is waiting to be sent to a judge

This isnt the first time I have had problems with the VA. After I filed the RAMP, I was not seen or did I hear from VA until after the 120 day point. AMA fixes some of the procedural red tape. You can also call your hearing office to ask about the status of your particular case. "When arguing with a fool, you should first be sure the other person isn't doing the same thing. My appeal was awarded a month ago and that's the only appeal I have. But to get the most out of your tomato plants, its important to understand the basics of planting and caring for them. Donations to Hadit.com are tax-deductible. Get VA Form 10182 to downloadLearn more about requesting a Board Appeal. Youve received multiple decisions that dont clearly explain why VA made the decisions it made, nor what it means to you, and it has left you confused and angry. My Ebenefits update and said the same thing however I did not have the hearing. Please I need an advice. Your link has been automatically embedded. I think they are waiting for us to die (since there are thousands of guys complaining about Agent Orange) which means lots and lots of money. Nobody knew what the hell it was. Still in school. Anyone have an idea of a timeline when my appeal get reviewed? The whole it in the nut shell puts boots on the ground where the veteran and examinations are taking place, reducing the error rates caused by failure to be familiar with claim history, and the failure to account for facts presented in the claim or medical records, and expedite collection of information, review of the facts leading to an initial decision, which should cut weeks or more from the time it takes to complete. I had joined the class action lawsuit concerning Agent Orange exposure. It has been 3 years. Use paragraphs instead of one massive, rambling introduction or story. 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. Agent Orange poisoning. I was prescribed a steroid (Prednisone 5mg X2 daily) before I new it my symptoms were worse. Please dont submit new evidence prior to your hearing. A healthy financial future isnt only about how much money you make, but how you manage it. I'm giving you the blueprint to financial freedom Brother/Sister. Today, I received a response that said, We have placed your RAMP Supplemental Claim for Obstructive Sleep Apnea back under control and it will be assigned to a Decision Review Operations Center (DROC) for processing. Next came a Rheumatologist, he thought it might be Lupus. The real problem is the people and how they do their jobs within the system. Your previous content has been restored. Hi Ted, sorry to hear. When it comes to planting tomatoes, the first step is choosing the right variety for your climate and soil type. Does this new appeals process help with this issue? Been going to school since October 2020. Advice given is in no way a substitute for consulting with a competent Veterans law firm, such as one on the NOVA advocate website !! NOTHING HAS CHANGED AND NOTHING WILL CHANGE UNLESS YOU WALK INTO THAT HEARING ROOM WITH F. LEE BAILY, ESQ. If youve moved recently, please make sure that VA has your up-to-date mailing address. Can you log into your eBenefits and tell me what your historical claim (appeal) data says about the pending sleep apnea? He says well this is what youve been waiting for. The BVA then rendered my appeal as moot citing the award I had received for the same issue..wait maybe it was a different issue-I just remembered something it said- 'the widow has been awarded DIC under Section 1151 but could subsequently attempt to prove direct SC death'----I need to find the case at BVA- I am just recalling what they said.They also said my FTCA offset would have to be refunded if I ever proved direct SC death ( probably what the appeal was for). The new process is said to have 3 NEW lanes to choose fromlanes A and B arent new. Mine was dislocated in March 1987. Pasted as rich text. I thought they were only supposed to do an exam, ask a few pertinent questions and send you on your way. Having a linear line of appeal would be so much easier for the VA and easier on Vets to understand. Check your VA claim status Supplemental Claim status Higher-Level Review status Board Appeal status Legacy appeal status Q? In this case what do I do? This is administered by VBA, and the laws governing it are more than 80 years old. I filled my Form 9 February 2019. Yet VA always Denies me. How Long After a Board (BVA) Hearing Will I Get a Decision? Did you call DAV, or VA? Send your written request to the Board. I dont read all posts every login and will gravitate towards those I have more info on. Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. This process does not take long. Yes, it will cost you a portion of your claim, but 100% of nothing is ZERO, ..NOTHING. How can I get help? I also got a letter from VA asking if I have any medical records from 1986-1997 as they could not find them. Remand:The judge sends the issue back to theVeterans Benefits Administrationtogather more evidence or to fix a mistake before deciding whether to grant or deny. I dont read all posts every login and will gravitate towards those I have more info on. This gives members a starting point to ask clarifying questions like. So, appeals are processed in first in first out method. Can someone explain this? : r/VeteransBenefits - Reddit Oh, and the VBA manual on the 30 day issue. We advise Vets to check the status of their claims and appeals on eBenefits or VA.gov. Ive waited 9 years now, so whats another 4. If the Vet wants BVA, they appeal to BVA. Doesn't seem to be an unanswered question there. It has been over 30 days since the second exam and still no updates. 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. Find your type of decision review or appeal below to learn what your status means. The judge will listen to your testimony and may ask you a few questions. My claims have been denied because the lack of military medical records. The hearing will be transcribed and added to your appeal file. I have experienced PTSD even from the VA and the VA hospitals who abused me while I was inwhen I subjected myself to them. These federal employees are instrumental in delivering earned benefits to Veterans. 101st ABN 2 times in Vietnam. Since that day I have had 14 surgeries and now I live with a softball size hernia and I can no longer wear regular pants.. They say the effective date was dated for Feb. 2016 (thats the date that the first appeal came back from Washington D.C,) They can use a lot of dates, but Feb. 2016 wouldnt be one of them. Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. 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. Cant get ahold of, leave messages, still doesnt return your call or when he did, he called me by a different name. 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. I did not take that long to get turned down again, even though its documented in my military medical records. If your hearing is less than 2 weeks away, youll need to file a motion explaining why you need to reschedule. It just sat in a corner file cabinet for nearly a year, and the response from the VA was just plain arrogant. Question B. I may have PTSD- how can I be sure? Now my mind is everywhere lol. Finally I was directed to an internist. Why is it, at the VA veterans hear your not rated high enough even come into play ( with other benefits) when veterans are waiting 7+ years for an expeditious claim . I dont have much longer in this world and my wife will not be able to get a thing once Im dead.. Hi John, do you currently have a pending appeal of a compensation claim? EricR33 12 days ago Hi I just came across your post. chocolate brownies Many customers have had positive experiences ordering from them, and their customer service has been praised for keeping buyers updated on order status. Girl, 11, gets surprise Britain's Got Talent audition invite from Your first posts on the board may be delayed before they appear as they are reviewed. 31 Youll be asked if youd like a copy of the transcript for your personal records. It is a secondary service connected lumbar back pain? Still sitting at being reviewed by veteran's law judge 50%: If a veteran requires use of a breathing assistance device, such as a continuous airway pressure (CPAP) machine.. My husband died at the young age of 52 at the VA nursing home in Pittsburgh. My lawyer did request a hearing and my Ebenefits was showing I was waiting to have my hearing. adjective Jason, the article doesnt make it clear that they are separate programs. This gives members a starting point to ask clarifying questions like. Before sharing sensitive information, make sure you're on a federal government site. I dont wish this system on anybody least the government I defended??? If a hearing has been properly requested BVA won't make a decision until the hearing has been either held or the request cancelled. Do you also have a current pending new claim for the same or similar medical condition? Olivia said . Mine has been waiting since Oct 2020. 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. **** the VA and dont try and tell me anything about how they are going to help me.. If you were injured then but not now, then you may not be eligible to be compensated. Youve just been rated 100% disabled by the Veterans Affairs. Question A. I was previously denied for apnea Should I refile a claim? I honestly believe that might be a significant understatement. I used 266 hours of sick leave and 100 hours of vacation time (at that time I was only accruing 8 hours of each a month, so you do the math). A few years back, the initial claim wait time was over a year-2 years. After many years of the VA playing games with my claim, and pretending that my records did not exist, I caught them in a bald faced lie HadIt.com Veteran to Veteran Changes Ownershi. An official website of the United States government. About two weeks ago, I received a letter saying it had been docketed, but they are waiting for assignment. Vets often submit new claims for medical conditions that are pending in appeals, and we have to close/merge those. Not to mention the civilian life is for the birds as is the job market.. Your appeal is at the Board of Veterans' Appeals, waiting to be sent to a Veterans Law Judge. Clear editor. Time waiting for a judge : r/VeteransAffairs - Reddit 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. Hi Ben, did you include your military records WITH your claim? Use paragraphs instead of one massive, rambling introduction or story. If you change your mind about having a hearing, you can write to the Board to withdraw (cancel) your hearing request. The .gov means its official. 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. Before my leg was amputated I had metal from my ankle to my thigh and the leg was very unstable. In this blog p, Buy Organic Seeds Risk Free From Organic Seeds TOP - Credit Card & Western Union Payment Options, Organic Seeds TOP is a seed vendor based in the Ukraine. 5109B, 7112 Judge Clementi: I don't have a "single best idea," but I think that the direction the law and VA are taking right now is a good one: increasingly moving toward a greater emphasis on "Veteran-friendly" processes. God bless you all! I have never smoked or drank alcohol. Docket is defined by the date of receipt of the appeal. Now I was to be on the agenda for the National Board last Feb. 19,2019, still not on the agenda, I was told they dont know when it will be set up to begin. The average wait time it takes to get a decision is eight weeks. I can not talk to anyone directly and point this out. On 4/22/2021 at 2:18 PM, spirit_grt said: On 1/19/2023 at 5:01 PM, spirit_grt said: On 2/3/2023 at 10:28 AM, Freedom101 said: Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC, General VA Disability Compensation Benefits Claims Forums. anything amphibious Hi You can also submit new evidence for the judge to review within 90 days of the day of your hearing. I really dont think that the process is the problem in the VBA system. Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. The code that it listed was for a broken collar bone that hadnt heal right, so it would be rated as 10%. The judge will review all the evidence and make a decision or remand it. 0%: If the veterans condition is Asymptomatic but has documented sleep disorder breathing. An asymptomatic condition is one that is diagnosed, but may not be producing symptoms. IT OR IS THERE AN ADDITIONAL PROCESS AT THE REGIONAL OFFICEAND IF SO WHAT FURTHER DELAYS WILL Its sick that the VA utilizes non Board certified doctors to experiment, diagnose, and perform surgery on veterans. Live with Restream | license | Live with Restream CCLI Copyright 4390 I have been denied because I was seen by someone other than the VA. Your appeal is at the Board of Veterans' Appeals, waiting to be sent to a Veterans Law Judge. Why would a sane person even think about using RAMP? Well, first, you have to get into the new system. How long until a judge is ready for your appeal? USN/USMC. I hadnt heard anything as of of May 31,2019. 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. The worse is I havent recovered from losing my husband in the way that I lost him. The site is secure. 2. Donations to Hadit.com are tax-deductible. license | 41 views, 2 likes, 0 loves, 1 comments, 2 shares, Facebook Watch Videos from Parkview Christian Church: Live with Restream CCLI Copyright. Financial Literacy Month provides an opportunity to get caught up on often overlooked end-of-life planning. I filed several times with a DA Forms 3947 and 199 Clearly showing my disabilities. BEING OVER THE AGE OF 75 I WAS LUCKY TO HAVE A HEARING IN 12/2018. Im wondering what process is available for Veterans who have been told that their records cant be found. I am presently # 19,564 on the list and based on the timeliness of completing these remands it appears I am going to have to wait for a final decision another 2-3 years. Federal government websites often end in .gov or .mil. It says on Va.gov that I will have a decision soon. So about three months later I received another e-mail/letter and phone call. You can request a direct review, submit more evidence, or request a hearing. Please read the dictionary meaning posted above and get back with me. Its sick when they hire those who can not be hired anywhere else. However, some gardeners prefer heirloom tomatoes due to their historical significance, seed-saving capabilities, and diverse characteristics. Delay, Deny, and Hope You Die is the VA way of thinking. Its continuous, allowable torture/abuse for veterans and for their families. A representative whos trained in the appeals process can help you prepare for your hearing and for the conversation with the judge. My regional representative with the VFW has been worthless. Your representative must be a VA-accredited lawyer, claims agent, or someone from a Veterans Service Organization (VSO). If the VBA/VHA put the veteran in the same room with the examiner and the rating official, most of the problem would go away. Review by Appeals Council: If the administrative law judge still denies your claim for SSDI, you may request the Social Security Appeals Council review your case. and our Include your name, the VA file number for your appeal, and the reason why you need a new hearing date. I used to believe this until VA Proved me Wrong. Sorry this has nothing to do with your claim but one never knows how many widows or widowers read the site and might need info like this. Oddly enough, she even went as far as telling me straight out that I should NOT expect any increase in my claim/disability! I also am in this exact stage. The Statement of the Case explain the reason why they couldn't fully grant your appeal. Yes, you can bring new and relevant evidence to your hearing to share with the judge. Submitting new evidence at this time could delay review of your appeal. What your decision review or appeal status means, Made a decision that changes your disability rating or eligibility for benefits. That letter only denied two disabilities and did not even mention the illegally closed appeal. 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. Today, I can not stand to walk into another VA facility. Q? 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. Fear is not an option. Regards. I MADE TWO COMMENTS WHICH THEY DID NOT ALLOW ME TO POST THE ESSENCE OF WHICH IS THAT THE ONLY WAY TO EXPEDITE YOUR CLAIM IS TO SECURE A HEARING ON THE RECORD WITHIN 30 DAYS AND BE PREPARED WITH F LEE BAILEY AND YOUR FACTS AND RECORDS AND EXPERTS. Decision wait times - Board of Veterans' Appeals At this point, I would not wish the VA on anyone and thats sad. it took me 12 yrs of reviewing my case, I gave up , their response was missing documents, not enough cause to increase, well I got tired until I placed a Lawyer to look over my case and after spending $6.000.00 they are still withholding evaluation on my case so what else is to do, will the Government will give me a refund or increase my % . This process does not take long. That said, most of its features are porting to VA.gov, which Im sure youll find simpler to use. I had to give up on my career/education for numerous years and then my employment for over a year to care for him. I told her during exam that I disagreed with one of her statements. It only took the VA 32 years to do the first MRI. I thought all this out and as a good NCO at age 60 decided communication is the best road to follow. Google searches can provide inform, Start Gardening This Summer and Reap the Rewards | Successful Harvesting for Beginners, Gardening is a rewarding experience that brings with it many benefits, from improved physical and mental health to the joy of harvesting fresh produce. After filing the appeal, your attorney has the option to request an oral argument. That was done in Feb. of this year, so yet to see or hear anything on it. You're up next. o much for a new improved system to process claims. Did yours get to a judge yet? We sacrificed our bodies for this country, and we have to struggle for 10 damn percent! It is not known what happened to the breeder of Rebel Starfighter Prime or why Galactic Magic Seeds is no longer available. Oriental home design VBA remanded due to 3 out of 4 IMOs missing from file, when all 4 were sent together. Well today it change to your appeal is with the judge. Ebenefits is a joke, they make disabled veterans, that dont remember yesterday, keep changing the password. Appeals Management Office unveils new path to speed up appeals the VA writes lots about their new moderization act yet, I hear their mouths moving and their actions dont match!!! Q? With the right planning and dedication, anyone can have a successful garden this summer. However, the number of hearings VA held in 2019 is up 38 percent from the previous year, which is a good sign for veterans. For 17 years, youve shuffled in and out of the broken appeals process with little information or choice. A revision is more involved than the knee replacement. It appears that most of the problems are caused internally by VA personnel. 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. Your appeal is being reviewed to either be granted or rejected. I am otherwise very healthy and have none of the diseases associated with amputation, such as vascular disease or diabetes. To learn how to do their job. Was that female Indian Doctor at the Syracuse VA by chance? I told him, I want it done right, so whats another 4 years. This blog discusses a new way for Vets locked in that broken system a way to opt into the new, modern appeals process. Question B. I may have PTSD- how can I be sure? It can take anywhere from three weeks to three months or more. Veterans are assigned 0%, 30%, 50% and 100% ratings for sleep apnea, depending on the severity of their condition. We're here Monday through Friday, 8:00 a.m. to 9:00 p.m. BVA decision : r/VeteransBenefits - Reddit Two weeks later they approved my claim. The veterans advocate advised me to file a claim for malpractice by the VA. Because the VA had no one qualified to fix a botched knee replacement they sent me to their educational partner, the University of Missouri. 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? So now we have a new improved RAMP system and they arent doing what they said they would do. Should I refile? I call about once a month to check the status of it. Hi Arnold, in your second sentence, you wrote that you called in, but didnt say who you called. The .gov means its official. The DAV sent through a RAMP application and the answer was that I dont qualify for RAMP. all the while I continue not be able to pay the VA copays that they keep sending for the illnesses they caused?? Fought for an increase, which took about 3-6 months for 10 more on my knee. Anyone have thoughts on this? /ekspdiSHs/ I cant be considered Service Connected because there are no medical records. Mine is just for an effective date issue. Supplemental claim, higher level review or BVA review is too much confusion. I have been waiting for NINE YEARS for my appeal to make it through the process. The Board often receives questions regarding how appeals are worked at the Board. The site is secure. While my claim languishes awaiting remand action, I am not receiving an SSOC and therefore this AMA doesnt apply to me. I have been treated by a Chiropractor, taken pain medication, and had therapy. Three months later, I have received nothing back. Thanks. This was right after Nurse Maude DeVictor brought to attention of physical problems Vietnam vets were experiencing. See comment above for rating criteria in the CFR. This time by the same Doctor who did initial claim exam back in 2017. I also have a dependency claim for my son in college and travel back pay reimbursement. Im like no, its still wrong, the dates are wrong, how they are writing the percentage for the code is wrong. https://benefits.va.gov/benefits/appeals.asp. Hi James, the simple answer is that its in the Code of Federal Regulations. I kept reading where she could do this and that. They wanted me to see their doctor in 2015, I went , wasnt a doctor, she was someone who worked for the doctor ( dont know if she was even a nurse) . How can I get help? Backpay $33 grand. Capt Adoph Von Shell-interested in any info at all! Have evidence of sleep apnea since 1954, but have been denied twice as insufficient, even with a NOD statement from my sleep Doctor. So I had to ask if the call was for me or by the name he thought he was call for. I don't know why and I wonder if they are going give me what I am asking for and the hearing isn't necessary so the VA cancelled it? Many visits to the allergist with no conclusion or diagnosis. They agree I was exposed and in Nam, but it doesnt cover my cancer. To do this you must complete and return a VA Form 9 within 60 days. So they must approve some in a few days to have an average of 36 days. Q? Under 38 U.S.C. The standards setting and IP regimes in Russia are open to some manipulation, as evidenced by last y, Discover Tomato Varieties: While Galactic Magic Seeds is No Longer Available, There's Still Plenty of Variety for Your Garden, Galactic Magic Seeds was a website that offered tomato seeds from various breeders, including Rebel Starfighter Prime.

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your appeal is waiting to be sent to a judge

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This isnt the first time I have had problems with the VA. After I filed the RAMP, I was not seen or did I hear from VA until after the 120 day point. AMA fixes some of the procedural red tape. You can also call your hearing office to ask about the status of your particular case. "When arguing with a fool, you should first be sure the other person isn't doing the same thing. My appeal was awarded a month ago and that's the only appeal I have. But to get the most out of your tomato plants, its important to understand the basics of planting and caring for them. Donations to Hadit.com are tax-deductible. Get VA Form 10182 to downloadLearn more about requesting a Board Appeal. Youve received multiple decisions that dont clearly explain why VA made the decisions it made, nor what it means to you, and it has left you confused and angry. My Ebenefits update and said the same thing however I did not have the hearing. Please I need an advice. Your link has been automatically embedded. I think they are waiting for us to die (since there are thousands of guys complaining about Agent Orange) which means lots and lots of money. Nobody knew what the hell it was. Still in school. Anyone have an idea of a timeline when my appeal get reviewed? The whole it in the nut shell puts boots on the ground where the veteran and examinations are taking place, reducing the error rates caused by failure to be familiar with claim history, and the failure to account for facts presented in the claim or medical records, and expedite collection of information, review of the facts leading to an initial decision, which should cut weeks or more from the time it takes to complete. I had joined the class action lawsuit concerning Agent Orange exposure. It has been 3 years. Use paragraphs instead of one massive, rambling introduction or story. 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. Agent Orange poisoning. I was prescribed a steroid (Prednisone 5mg X2 daily) before I new it my symptoms were worse. Please dont submit new evidence prior to your hearing. A healthy financial future isnt only about how much money you make, but how you manage it. I'm giving you the blueprint to financial freedom Brother/Sister. Today, I received a response that said, We have placed your RAMP Supplemental Claim for Obstructive Sleep Apnea back under control and it will be assigned to a Decision Review Operations Center (DROC) for processing. Next came a Rheumatologist, he thought it might be Lupus. The real problem is the people and how they do their jobs within the system. Your previous content has been restored. Hi Ted, sorry to hear. When it comes to planting tomatoes, the first step is choosing the right variety for your climate and soil type. Does this new appeals process help with this issue? Been going to school since October 2020. Advice given is in no way a substitute for consulting with a competent Veterans law firm, such as one on the NOVA advocate website !! NOTHING HAS CHANGED AND NOTHING WILL CHANGE UNLESS YOU WALK INTO THAT HEARING ROOM WITH F. LEE BAILY, ESQ. If youve moved recently, please make sure that VA has your up-to-date mailing address. Can you log into your eBenefits and tell me what your historical claim (appeal) data says about the pending sleep apnea? He says well this is what youve been waiting for. The BVA then rendered my appeal as moot citing the award I had received for the same issue..wait maybe it was a different issue-I just remembered something it said- 'the widow has been awarded DIC under Section 1151 but could subsequently attempt to prove direct SC death'----I need to find the case at BVA- I am just recalling what they said.They also said my FTCA offset would have to be refunded if I ever proved direct SC death ( probably what the appeal was for). The new process is said to have 3 NEW lanes to choose fromlanes A and B arent new. Mine was dislocated in March 1987. Pasted as rich text. I thought they were only supposed to do an exam, ask a few pertinent questions and send you on your way. Having a linear line of appeal would be so much easier for the VA and easier on Vets to understand. Check your VA claim status Supplemental Claim status Higher-Level Review status Board Appeal status Legacy appeal status Q? In this case what do I do? This is administered by VBA, and the laws governing it are more than 80 years old. I filled my Form 9 February 2019. Yet VA always Denies me. How Long After a Board (BVA) Hearing Will I Get a Decision? Did you call DAV, or VA? Send your written request to the Board. I dont read all posts every login and will gravitate towards those I have more info on. Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. This process does not take long. Yes, it will cost you a portion of your claim, but 100% of nothing is ZERO, ..NOTHING. How can I get help? I also got a letter from VA asking if I have any medical records from 1986-1997 as they could not find them. Remand:The judge sends the issue back to theVeterans Benefits Administrationtogather more evidence or to fix a mistake before deciding whether to grant or deny. I dont read all posts every login and will gravitate towards those I have more info on. This gives members a starting point to ask clarifying questions like. So, appeals are processed in first in first out method. Can someone explain this? : r/VeteransBenefits - Reddit Oh, and the VBA manual on the 30 day issue. We advise Vets to check the status of their claims and appeals on eBenefits or VA.gov. Ive waited 9 years now, so whats another 4. If the Vet wants BVA, they appeal to BVA. Doesn't seem to be an unanswered question there. It has been over 30 days since the second exam and still no updates. 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. Find your type of decision review or appeal below to learn what your status means. The judge will listen to your testimony and may ask you a few questions. My claims have been denied because the lack of military medical records. The hearing will be transcribed and added to your appeal file. I have experienced PTSD even from the VA and the VA hospitals who abused me while I was inwhen I subjected myself to them. These federal employees are instrumental in delivering earned benefits to Veterans. 101st ABN 2 times in Vietnam. Since that day I have had 14 surgeries and now I live with a softball size hernia and I can no longer wear regular pants.. They say the effective date was dated for Feb. 2016 (thats the date that the first appeal came back from Washington D.C,) They can use a lot of dates, but Feb. 2016 wouldnt be one of them. Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. 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. Cant get ahold of, leave messages, still doesnt return your call or when he did, he called me by a different name. 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. I did not take that long to get turned down again, even though its documented in my military medical records. If your hearing is less than 2 weeks away, youll need to file a motion explaining why you need to reschedule. It just sat in a corner file cabinet for nearly a year, and the response from the VA was just plain arrogant. Question B. I may have PTSD- how can I be sure? Now my mind is everywhere lol. Finally I was directed to an internist. Why is it, at the VA veterans hear your not rated high enough even come into play ( with other benefits) when veterans are waiting 7+ years for an expeditious claim . I dont have much longer in this world and my wife will not be able to get a thing once Im dead.. Hi John, do you currently have a pending appeal of a compensation claim? EricR33 12 days ago Hi I just came across your post. chocolate brownies Many customers have had positive experiences ordering from them, and their customer service has been praised for keeping buyers updated on order status. Girl, 11, gets surprise Britain's Got Talent audition invite from Your first posts on the board may be delayed before they appear as they are reviewed. 31 Youll be asked if youd like a copy of the transcript for your personal records. It is a secondary service connected lumbar back pain? Still sitting at being reviewed by veteran's law judge 50%: If a veteran requires use of a breathing assistance device, such as a continuous airway pressure (CPAP) machine.. My husband died at the young age of 52 at the VA nursing home in Pittsburgh. My lawyer did request a hearing and my Ebenefits was showing I was waiting to have my hearing. adjective Jason, the article doesnt make it clear that they are separate programs. This gives members a starting point to ask clarifying questions like. Before sharing sensitive information, make sure you're on a federal government site. I dont wish this system on anybody least the government I defended??? If a hearing has been properly requested BVA won't make a decision until the hearing has been either held or the request cancelled. Do you also have a current pending new claim for the same or similar medical condition? Olivia said . Mine has been waiting since Oct 2020. 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. **** the VA and dont try and tell me anything about how they are going to help me.. If you were injured then but not now, then you may not be eligible to be compensated. Youve just been rated 100% disabled by the Veterans Affairs. Question A. I was previously denied for apnea Should I refile a claim? I honestly believe that might be a significant understatement. I used 266 hours of sick leave and 100 hours of vacation time (at that time I was only accruing 8 hours of each a month, so you do the math). A few years back, the initial claim wait time was over a year-2 years. After many years of the VA playing games with my claim, and pretending that my records did not exist, I caught them in a bald faced lie HadIt.com Veteran to Veteran Changes Ownershi. An official website of the United States government. About two weeks ago, I received a letter saying it had been docketed, but they are waiting for assignment. Vets often submit new claims for medical conditions that are pending in appeals, and we have to close/merge those. Not to mention the civilian life is for the birds as is the job market.. Your appeal is at the Board of Veterans' Appeals, waiting to be sent to a Veterans Law Judge. Clear editor. Time waiting for a judge : r/VeteransAffairs - Reddit 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. Hi Ben, did you include your military records WITH your claim? Use paragraphs instead of one massive, rambling introduction or story. If you change your mind about having a hearing, you can write to the Board to withdraw (cancel) your hearing request. The .gov means its official. 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. Before my leg was amputated I had metal from my ankle to my thigh and the leg was very unstable. In this blog p, Buy Organic Seeds Risk Free From Organic Seeds TOP - Credit Card & Western Union Payment Options, Organic Seeds TOP is a seed vendor based in the Ukraine. 5109B, 7112 Judge Clementi: I don't have a "single best idea," but I think that the direction the law and VA are taking right now is a good one: increasingly moving toward a greater emphasis on "Veteran-friendly" processes. God bless you all! I have never smoked or drank alcohol. Docket is defined by the date of receipt of the appeal. Now I was to be on the agenda for the National Board last Feb. 19,2019, still not on the agenda, I was told they dont know when it will be set up to begin. The average wait time it takes to get a decision is eight weeks. I can not talk to anyone directly and point this out. On 4/22/2021 at 2:18 PM, spirit_grt said: On 1/19/2023 at 5:01 PM, spirit_grt said: On 2/3/2023 at 10:28 AM, Freedom101 said: Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC, General VA Disability Compensation Benefits Claims Forums. anything amphibious Hi You can also submit new evidence for the judge to review within 90 days of the day of your hearing. I really dont think that the process is the problem in the VBA system. Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. The code that it listed was for a broken collar bone that hadnt heal right, so it would be rated as 10%. The judge will review all the evidence and make a decision or remand it. 0%: If the veterans condition is Asymptomatic but has documented sleep disorder breathing. An asymptomatic condition is one that is diagnosed, but may not be producing symptoms. IT OR IS THERE AN ADDITIONAL PROCESS AT THE REGIONAL OFFICEAND IF SO WHAT FURTHER DELAYS WILL Its sick that the VA utilizes non Board certified doctors to experiment, diagnose, and perform surgery on veterans. Live with Restream | license | Live with Restream CCLI Copyright 4390 I have been denied because I was seen by someone other than the VA. Your appeal is at the Board of Veterans' Appeals, waiting to be sent to a Veterans Law Judge. Why would a sane person even think about using RAMP? Well, first, you have to get into the new system. How long until a judge is ready for your appeal? USN/USMC. I hadnt heard anything as of of May 31,2019. 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. The worse is I havent recovered from losing my husband in the way that I lost him. The site is secure. 2. Donations to Hadit.com are tax-deductible. license | 41 views, 2 likes, 0 loves, 1 comments, 2 shares, Facebook Watch Videos from Parkview Christian Church: Live with Restream CCLI Copyright. Financial Literacy Month provides an opportunity to get caught up on often overlooked end-of-life planning. I filed several times with a DA Forms 3947 and 199 Clearly showing my disabilities. BEING OVER THE AGE OF 75 I WAS LUCKY TO HAVE A HEARING IN 12/2018. Im wondering what process is available for Veterans who have been told that their records cant be found. I am presently # 19,564 on the list and based on the timeliness of completing these remands it appears I am going to have to wait for a final decision another 2-3 years. Federal government websites often end in .gov or .mil. It says on Va.gov that I will have a decision soon. So about three months later I received another e-mail/letter and phone call. You can request a direct review, submit more evidence, or request a hearing. Please read the dictionary meaning posted above and get back with me. Its sick when they hire those who can not be hired anywhere else. However, some gardeners prefer heirloom tomatoes due to their historical significance, seed-saving capabilities, and diverse characteristics. Delay, Deny, and Hope You Die is the VA way of thinking. Its continuous, allowable torture/abuse for veterans and for their families. A representative whos trained in the appeals process can help you prepare for your hearing and for the conversation with the judge. My regional representative with the VFW has been worthless. Your representative must be a VA-accredited lawyer, claims agent, or someone from a Veterans Service Organization (VSO). If the VBA/VHA put the veteran in the same room with the examiner and the rating official, most of the problem would go away. Review by Appeals Council: If the administrative law judge still denies your claim for SSDI, you may request the Social Security Appeals Council review your case. and our Include your name, the VA file number for your appeal, and the reason why you need a new hearing date. I used to believe this until VA Proved me Wrong. Sorry this has nothing to do with your claim but one never knows how many widows or widowers read the site and might need info like this. Oddly enough, she even went as far as telling me straight out that I should NOT expect any increase in my claim/disability! I also am in this exact stage. The Statement of the Case explain the reason why they couldn't fully grant your appeal. Yes, you can bring new and relevant evidence to your hearing to share with the judge. Submitting new evidence at this time could delay review of your appeal. What your decision review or appeal status means, Made a decision that changes your disability rating or eligibility for benefits. That letter only denied two disabilities and did not even mention the illegally closed appeal. 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. Today, I can not stand to walk into another VA facility. Q? 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. Fear is not an option. Regards. I MADE TWO COMMENTS WHICH THEY DID NOT ALLOW ME TO POST THE ESSENCE OF WHICH IS THAT THE ONLY WAY TO EXPEDITE YOUR CLAIM IS TO SECURE A HEARING ON THE RECORD WITHIN 30 DAYS AND BE PREPARED WITH F LEE BAILEY AND YOUR FACTS AND RECORDS AND EXPERTS. Decision wait times - Board of Veterans' Appeals At this point, I would not wish the VA on anyone and thats sad. it took me 12 yrs of reviewing my case, I gave up , their response was missing documents, not enough cause to increase, well I got tired until I placed a Lawyer to look over my case and after spending $6.000.00 they are still withholding evaluation on my case so what else is to do, will the Government will give me a refund or increase my % . This process does not take long. That said, most of its features are porting to VA.gov, which Im sure youll find simpler to use. I had to give up on my career/education for numerous years and then my employment for over a year to care for him. I told her during exam that I disagreed with one of her statements. It only took the VA 32 years to do the first MRI. I thought all this out and as a good NCO at age 60 decided communication is the best road to follow. Google searches can provide inform, Start Gardening This Summer and Reap the Rewards | Successful Harvesting for Beginners, Gardening is a rewarding experience that brings with it many benefits, from improved physical and mental health to the joy of harvesting fresh produce. After filing the appeal, your attorney has the option to request an oral argument. That was done in Feb. of this year, so yet to see or hear anything on it. You're up next. o much for a new improved system to process claims. Did yours get to a judge yet? We sacrificed our bodies for this country, and we have to struggle for 10 damn percent! It is not known what happened to the breeder of Rebel Starfighter Prime or why Galactic Magic Seeds is no longer available. Oriental home design VBA remanded due to 3 out of 4 IMOs missing from file, when all 4 were sent together. Well today it change to your appeal is with the judge. Ebenefits is a joke, they make disabled veterans, that dont remember yesterday, keep changing the password. Appeals Management Office unveils new path to speed up appeals the VA writes lots about their new moderization act yet, I hear their mouths moving and their actions dont match!!! Q? With the right planning and dedication, anyone can have a successful garden this summer. However, the number of hearings VA held in 2019 is up 38 percent from the previous year, which is a good sign for veterans. For 17 years, youve shuffled in and out of the broken appeals process with little information or choice. A revision is more involved than the knee replacement. It appears that most of the problems are caused internally by VA personnel. 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. Your appeal is being reviewed to either be granted or rejected. I am otherwise very healthy and have none of the diseases associated with amputation, such as vascular disease or diabetes. To learn how to do their job. Was that female Indian Doctor at the Syracuse VA by chance? I told him, I want it done right, so whats another 4 years. This blog discusses a new way for Vets locked in that broken system a way to opt into the new, modern appeals process. Question B. I may have PTSD- how can I be sure? It can take anywhere from three weeks to three months or more. Veterans are assigned 0%, 30%, 50% and 100% ratings for sleep apnea, depending on the severity of their condition. We're here Monday through Friday, 8:00 a.m. to 9:00 p.m. BVA decision : r/VeteransBenefits - Reddit Two weeks later they approved my claim. The veterans advocate advised me to file a claim for malpractice by the VA. Because the VA had no one qualified to fix a botched knee replacement they sent me to their educational partner, the University of Missouri. 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? So now we have a new improved RAMP system and they arent doing what they said they would do. Should I refile? I call about once a month to check the status of it. Hi Arnold, in your second sentence, you wrote that you called in, but didnt say who you called. The .gov means its official. The DAV sent through a RAMP application and the answer was that I dont qualify for RAMP. all the while I continue not be able to pay the VA copays that they keep sending for the illnesses they caused?? Fought for an increase, which took about 3-6 months for 10 more on my knee. Anyone have thoughts on this? /ekspdiSHs/ I cant be considered Service Connected because there are no medical records. Mine is just for an effective date issue. Supplemental claim, higher level review or BVA review is too much confusion. I have been waiting for NINE YEARS for my appeal to make it through the process. The Board often receives questions regarding how appeals are worked at the Board. The site is secure. While my claim languishes awaiting remand action, I am not receiving an SSOC and therefore this AMA doesnt apply to me. I have been treated by a Chiropractor, taken pain medication, and had therapy. Three months later, I have received nothing back. Thanks. This was right after Nurse Maude DeVictor brought to attention of physical problems Vietnam vets were experiencing. See comment above for rating criteria in the CFR. This time by the same Doctor who did initial claim exam back in 2017. I also have a dependency claim for my son in college and travel back pay reimbursement. Im like no, its still wrong, the dates are wrong, how they are writing the percentage for the code is wrong. https://benefits.va.gov/benefits/appeals.asp. Hi James, the simple answer is that its in the Code of Federal Regulations. I kept reading where she could do this and that. They wanted me to see their doctor in 2015, I went , wasnt a doctor, she was someone who worked for the doctor ( dont know if she was even a nurse) . How can I get help? Backpay $33 grand. Capt Adoph Von Shell-interested in any info at all! Have evidence of sleep apnea since 1954, but have been denied twice as insufficient, even with a NOD statement from my sleep Doctor. So I had to ask if the call was for me or by the name he thought he was call for. I don't know why and I wonder if they are going give me what I am asking for and the hearing isn't necessary so the VA cancelled it? Many visits to the allergist with no conclusion or diagnosis. They agree I was exposed and in Nam, but it doesnt cover my cancer. To do this you must complete and return a VA Form 9 within 60 days. So they must approve some in a few days to have an average of 36 days. Q? Under 38 U.S.C. The standards setting and IP regimes in Russia are open to some manipulation, as evidenced by last y, Discover Tomato Varieties: While Galactic Magic Seeds is No Longer Available, There's Still Plenty of Variety for Your Garden, Galactic Magic Seeds was a website that offered tomato seeds from various breeders, including Rebel Starfighter Prime. 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January 28th 2022. As I write this impassioned letter to you, Naomi, I would like to sympathize with you about your mental health issues that