Problem solved. I filed had filed an appeal to upgrade to 100%. Hi Tom, if you would like medical help, please click here: https://www.va.gov/health-care/. 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. You're up next. A Board hearing is always optional. . It has been 3 years. Unfortunately, the website appears to be down and it is unclear if this is temporary or permanent. Currently, there is a small group of RAMP claims pending, and are being completed everyday. Hi James, if your service connected condition has worsened, you can file a new claim for an increase. If you arent sure how to do this, or whats needed, we recommend you enlist the services of a certified VSO (theyre trained, AND free). Now nearing age of 83, with even more medical problems, but still no Diabetes or Cancer, all of my Doctors have been convinced since 1990 that I had to be exposed to Agent Orange. "When arguing with a fool, you should first be sure the other person isn't doing the same thing. It's been 2 years for me.i'm just trying to see if there's any movement. Question is how long does it take. This process allows us to remove spam and other junk posts before hitting the board. And now youre stuck. WARTAC trains separating service members to become VA Veteran Service Representatives (VSR) or rating Veteran Service Representatives (RVSR) with the Veterans Benefits Administration (VBA). This isnt the first time I have had problems with the VA. Send your written request to the Board using the address or fax number listed below. Advice given is in no way a substitute for consulting with a competent Veterans law firm, such as one on the NOVA advocate website !! 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). Pho and nuc mam dinners, Copyright 2023 | Hadit.com | Hadit.com is exempt from federal income tax under Internal Revenue Code Section 501(c)(3). AMA fixes some of the procedural red tape. 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. Scan this QR code to download the app now. I get a letter from Washington D.C. that stated that my appeal had been denied, but that my collar bone had never been rated, so now it was going to be. After filing the appeal, your attorney has the option to request an oral argument. (having a medical condition is not enough, on its own, to be granted compensation. Many visits to the allergist with no conclusion or diagnosis. it sat with the judge until last week. HadIt.com Veteran to Veteran Changes Ownershi. The results, Traces of scar tissue identified as the so called Agent Orange. Get more resources at VeteransCrisisLine.net. As the video above shows, weve granted more than $375 million in retroactive benefits. 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%. There are many different types of tomatoes, This website uses cookies for functionality, analytics and advertising purposes as described in our. Was that female Indian Doctor at the Syracuse VA by chance? 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. And the delay caused by the wait for the hearing will mean a larger back pay amount if you prevail and the amount of the lawyer's cut would then be larger . The .gov means its official. Has anyone had an updates on remands? So I had to ask if the call was for me or by the name he thought he was call for. Paste as plain text instead, It was only a few months before he died they finally gave him 100%. Hendrix,etc etc etc All youve done is taken the so called Legacy Appeals Process and added lane C which allows claimants to appeal directly to BVA. I could not find out if was a decision on my claim, or just her decision to get rid of it. Good Luck Don. That is to insure the retied Soldier gets as little as possible for what is due. Submitting new evidence at this time could delay review of your appeal. Mine is just for an effective date issue. Hi John, having a medical condition is not enough, on its own, to be granted compensation. I have never smoked or drank alcohol. He said there must have been a mistake so he said he would forward it. 30%: The veteran is experiencing persistent daytime hypersomnolence. Hypersomnolence is a condition similar to insomnia, characterized by chronic daytime sleepiness that does not improve even with sufficient sleep. Congress complained and VA hired a bunch of new claims people. This is with our new veterans as well. The Board of Veterans Appeals schedules hearings in docket order (the order in which they receive requests). Stay together we are a team we do not need money seeking law firms to take what belongs to your children. So I did and they say back then that average claim time is 120 days. Find your type of decision review or appeal below to learn what your status means. 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. 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. Please dont submit new evidence prior to your hearing. So I was seen by an Indian female doctor who spent 40 minutes inputting data into the computer prior to starting physical exam. Its been back in forth between Washington D.C. and the regional office 3 times since Feb. 2016 (wait Ill have more about that date). The aim of Congress is to deter you from receiving your benefits, while they bask in the bales of money from private interests. 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 was enlisted during paper records. They agree I was exposed and in Nam, but it doesnt cover my cancer. I thought all this out and as a good NCO at age 60 decided communication is the best road to follow. Discover the Best Heirloom Tomato Varieties Comparable to Big Beef, Title: Discovering Heirloom Tomato Varieties Close to Big Beef The whole system is corrupt. 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. 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.. However, we reserve the right to keep anyone on moderator preview. I have suffered severe pain and because of the opioid crisis I just have to suffer. Maybe the VA needs to concentrate on getting the decisions correct the first time, one of mine was nothing more than a dumb employee couldnt speak English and put my job title as a Radarman instead of a Radioman which should have been fixed with a phone call. I served in the USMC in good faith believing the BS which the USMC & the VA told me. If you dont have new evidence to submit, you can waive the 90-day time period thats automatically added to your appeal. I have to wear coveralls due to how pronounced my condition is today! Its sickening when I could not find anyone to be responsible or held responsible for his death because its a government entity; therefore, can not be sued or held responsible. (Yes, that is what she said, and hung up. The new AMA remedies all of that. USN/USMC. The code that it listed was for a broken collar bone that hadnt heal right, so it would be rated as 10%. That said, most of its features are porting to VA.gov, which Im sure youll find simpler to use. Its sick that blankets with humane fecal matter is left in a patience bathroom for over a week even though the VA personnel were told the blanket is there. I believe the VA, like most of the government, is a lot of campaigning and good PR of no beneficial consequence to the average person. Youll keep the same docket date, and your hearing will be rescheduled to the earliest date possible. It has been over 30 days since the second exam and still no updates. The video above touts the virtues of the new process, and explains two new ways for you to opt in. I also am in this exact stage. :). I suggest you contact the BVA ombudsman to let them know and they can withdraw the appeal. Pasted as rich text. Decision soon Your appeal will soon receive a Board decision. HOW can the VBA loose DIGITAL paperwork? If you didnt include your military records as evidence with your claim, then VA will have a hard time connecting the injury to your service. Your representative, if you have one, may help you at the hearing. Further, legacy means your BVA appeal will have to be "certified" by your VARO. If a hearing was requested, one must be provided. Q? Donations to Hadit.com are tax-deductible. If the Vet wants BVA, they appeal to BVA. 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. The actual procedure took only a few minutes. Yes. Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. Th last time I contacted them, with a reply was late 2019.The BVA also has a Fax #844-678-8979 (Toll Free). Lastly, your doctor needs to provide a nexus confirming that your current medical diagnosis was more likely than not caused or aggravated by your active military service. Submitted an appeal for just that 10, and its already been 3-4 months and they told me the same crap as yall.. 460 more freaking days to get my measly 10 BACK! Your appeal is at the Board of Veterans' Appeals, waiting to be sent to a Veterans Law Judge. anything amphibious 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. Legacy makes it worse. Here are the steps to filing a BVA appeal: 1. The hearing will be transcribed and added to your appeal file. A huge thank you to all my brothers and sisters out there for their service and sacrifice! 33 years I have been fighting the system 33 YEARS!! I am not the only one that has had a problem like this. You're up next. Hes like well now youll be waiting another 4 years to get this right. Its sick when they hire those who can not be hired anywhere else. I kept reading where she could do this and that. I have problems with my neck and numbness radiating down my left arm. I have worked as A Veteran Advocate at the Tucson VA since I moved to Arizona in 1978. 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? Visit USA.gov, This will take you to the MyHealtheVet website, This will take you to the Suicide Prevention website, This will take you to the VA Find a Form page, This will take you to the VA Publications page, Appeals Management Office unveils new path to speed up appeals decisions, https://www.va.gov/disability/how-to-file-claim/, Pursue financial stability and security by taking the Veteran Saves pledge, WARTAC internship program offers career transition for service members, Call TTY if you Please read the dictionary meaning posted above and get back with me. My school mha (bah) is 4900. My appeal was remanded by the U.S. Court of Appeals for Veterans Claims in Nov 2020 it has now been in the system since Dec 9 2010 and I have been waiting this long it is almost like I can see the finish line but it is still out of reach. That is it sat in my mailbox for almost 3 days as we had a severe snowstorm and the lids had been blown open and the mailbox was full of snow- with the check so wet I had to dry it before depositing it-ironically three week prior my RO sent me a letter to take to my bank advising them it would be sent by wire. Does this new appeals process help with this issue? To do this you must complete and return a VA Form 9 within 60 days. I filled my Form 9 February 2019. Next came a Rheumatologist, he thought it might be Lupus. HadIt.com Veteran to Veteran Changes Ownershi. Well, the VA moved two of my appeals into the RAMP, but illegally closed the most significant one with no decision and no notice to me. EIN 92-2360268, VA Disability Claims Community Forums - Hadit.com. 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. A few years back, the initial claim wait time was over a year-2 years. Many have been disrespectful. Submitting new evidence at this time could delay review of your appeal. For more information, please see our Please make sure Dave receives this, and have him call me to answer other questions. WHITE SNAKE, Led Zepplin, Bob Dylan, Sting, Al Green, Mozart, Classical guitar,Moog synthesizer, Eminem,Janis Joplin, Wow, did you file many claims? I will find the BVA ombudsman's email addy and post it here. or how can my case be expedited? Two last things, I will not be afraid to send in additional claim evidence when my appeals are not finalized. A Board Appeal can be taken directly from the initial claim decision or a new decision on either a supplemental claim or higher-level review. 7107 (a) (1), all appeals at the Board shall be considered and decided in regular docket order according to its place on the docket. I told him about previous exam and he said I was the forth person he had seen in last 30 days with same problem with Indian Doctor. If youve moved recently, please make sure that VA has your up-to-date mailing address. Decisions are averaging weeks instead of years; the decisions are written in regular language, not legalese; and more importantly, in the AMA, VA can actually assist you. !! The judge will listen to your testimony and may ask you a few questions. You can mail or fax a written request to reschedule or withdraw your Board hearing. Find out what happens at a Board of Veterans Appeals hearingand how to request one if you want to discuss your appeal with a Veterans Law Judge. So now I am back in same waiting period. This is all very sad that we are treated like this. That system was broken, and often took several years to render a single second decision. I finished and gained my wings. I see on the dockets that many other states are moving fast but for some reason Texas is taking the longest. Display as a link instead, 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. How can the VBA tout to congress Appeals are a second chance most are already rated when the initial rating isnt even close to the veterans disabilities? The new process is said to have 3 NEW lanes to choose fromlanes A and B arent new. About two weeks ago, I received a letter saying it had been docketed, but they are waiting for assignment. The VA is responsible for the loss of my right leg, above the knee. The worse is I havent recovered from losing my husband in the way that I lost him. Following the rejection of an SSD application by an administrative judge, your attorney has a 20-day window to file an appeal with the appellate division. Q? Judge David Munsu reached this conclusion in a ruling in which he refused an application for leave to appeal to the Supreme Court that was filed by Hatuikulipi (42) after Munsu dismissed his . NOTHING HAS CHANGED AND NOTHING WILL CHANGE UNLESS YOU WALK INTO THAT HEARING ROOM WITH F. LEE BAILY, ESQ. Semper Fi. You call the VA and they no nothing and just basically say no you are on appeals status. and our Advice given is in no way a substitute for consulting with a competent Veterans law firm, such as one on the NOVA advocate website !! Cookie Notice I have also had problems at the VA hospital that I go to. Its sick that the personal they hire (not all) are not qualified nor really care about their patience. Choosing the Right Variety Been going to school since October 2020. You can also submit new evidence for the judge to review within 90 days of the day of your hearing. Hi Arnold, in your second sentence, you wrote that you called in, but didnt say who you called. Decision soon Your appeal will soon receive a Board decision. They saw me the first time in 2003. There was new evidence that was submitted before that was NOT considered, and I again submitted even more NEW and supporting evidence this time. 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? My only request to Dave is to run this properly, or move on. o much for a new improved system to process claims. 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 Agent Orange poisoning. (2012). Youve just been rated 100% disabled by the Veterans Affairs. Years ago I suffered with swelling of joints and giant hives whenever I did manual work at home and on the job. My initial rating was 30, which was 10 for my shoulder (Which I had surgery on WHILE active, and they never fixed anything just removed scar tissue) and 20 for my left knee. That doesnt make sense. How long did it take to get in front of the judge? It's possible to pay with credit card or Western Union, but PayPal isn't an option. No remand, hasn't got that far. 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 Does I got partially approve? 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. 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. Apparently, VA is waiting until almost the end of our lives before they finally realize that maybe the Doctors were right. Question B. I may have PTSD- how can I be sure? 5109B, 7112 I was taking 60mg a day for control. Ive waited my turn. I hadnt heard anything as of of May 31,2019. I really dont like hearing this from one Vet to another! We should have realized when signing up, we are expendable and of no value to them. The National Caner Society told me cancer cells can stay dormat for years and years before becoming active. So they must approve some in a few days to have an average of 36 days. 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. The appeals process is a system for Vets to formally file a disagreement with a decision VBA made on a Vets disability compensation claim. EIN 92-2360268 Not to mention the civilian life is for the birds as is the job market.. Have evidence of sleep apnea since 1954, but have been denied twice as insufficient, even with a NOD statement from my sleep Doctor. chocolate brownies Are you referring to RAMP, which was active from late 2017 to February? Most CommonVADisabilities Claimed for Compensation: Can a 100 percent Disabled Veteran Work and Earn an Income? 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. 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. I went to school. Nine months later, I found out during a chat session with a VA rep that they had done this. Submit VA Form 9 to the Board of Veterans Appeals. Yes, you can bring new and relevant evidence to your hearing to share with the judge. 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 % . Veterans are assigned 0%, 30%, 50% and 100% ratings for sleep apnea, depending on the severity of their condition. The appeal was filed in 2010, but it would not be 2016. This process does not take long. However, I did not receive my records when I was discharged from the Army and there are no medical records in the National Archive. 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. So why would it being going to BVA judge now? By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. I was prescribed a steroid (Prednisone 5mg X2 daily) before I new it my symptoms were worse. Having a linear line of appeal would be so much easier for the VA and easier on Vets to understand. Well today it change to your appeal is with the judge. How can the VBA tout the The New Modernization Act so vigorously, yet leave behind 200,000 veterans? They really dont care what we go through or suffer from, as a result of their foreign wars or abuse in the camps here in the states. We sacrificed our bodies for this country, and we have to struggle for 10 damn percent! I dont read all posts every login and will gravitate towards those I have more info on. My question is how long can it remain like this ?? So, appeals are processed in first in first out method. I went through the RAMP. :). 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. Donations to Hadit.com are tax-deductible. You can also call your hearing office to ask about the status of your particular case. You can request a direct review, submit more evidence, or request a hearing. I contacted a US Senator for assistance. The judge will review the hearing and the other evidence in your appeal file before making a decision. Is that normal if you dont request one or can the judge request one. Trench warfare How can that problem be solved? I am otherwise very healthy and have none of the diseases associated with amputation, such as vascular disease or diabetes. I hurt my back during Air Assault School while stationed in Ft. Campbell in 1988. Veterans stuck in the old, legacy appeals process now have two new paths to transfer their appeals into the AMA Decision Review Process. adjective We want to keep the focus on VA Claims, and this helps us do that. While my claim languishes awaiting remand action, I am not receiving an SSOC and therefore this AMA doesnt apply to me. Thank you. Well today it change to your appeal is with the judge. Financial Literacy Month provides an opportunity to get caught up on often overlooked end-of-life planning. A revision is more involved than the knee replacement. Got denied for eye issues, ringing in my ears, and not sure what else at that point. an expeditious manner I finally lost my temper and sent a secure message telling the VA how disgusted I was with their performance. Hi Steve, the AMA began in February 2019. Hi Kimberly, the options are well explained. Please I need an advice. Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. Display as a link instead, But having been to BVA means that you first received a Statement of the Case, which is also a decision, before moving up to BVA. Gardening is a great way to spend time outdoors and get in touch with nature. Vets often submit new claims for medical conditions that are pending in appeals, and we have to close/merge those. 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. Your link has been automatically embedded. Ty, what you explained is exactly some of the reasons why weve said the legacy appeals process is broken. This includes the examinations a veteran submits to as well. God bless you all! Use paragraphs instead of one massive, rambling introduction or story. Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. So being told Im 41,000 in line with average wait time over 3 years is expeditious? 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. This gives members a starting point to ask clarifying questions like. My appeal was remanded to the director of compensation and after they got done with it my appeal was awarded. If you notified the judge at the hearing that you were going to submit additional evidence the judge would have either had you sign a waiver or if not let the appeal stay at the VARO until they considered the additional evidence. The Veterans Crisis Line can help even if youre not enrolled in VA benefits or health care. I have had my stuff kicked down the road and in the meantime Im one step closer to being dead.. After being kicked out of the Army for an accident I had in there they told me the VA would help me that was March 1986..