It adds paperwork, with little benefit to the Veteran. When the new appeals modernization act was introduced I had a District Office Trial De Nova hearing scheduled in San Diego I attended that hearing on January 8th 2019 and the hearing officer was as clueless and ill informed as one could be? See comment above for rating criteria in the CFR.). So, in all, youve received at least two decisions since your claim was completed. So many times the facts already sitting in the medical records are ignored and the claim denied. The Board often receives questions regarding how appeals are worked at the Board. Board Appeals | Veterans Affairs 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. Your appeal is waiting to be sent to a judge - Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC - VA Disability Claims Community Forums - Hadit.com Home General VA Disability Compensation Benefits Claims Forums Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC In January 2021, I sent off one to the BVA. Please read the dictionary meaning posted above and get back with me. This was over a year after I appealed. By the time they got back to me. If your hearing is less than 2 weeks away, youll need to file a motion explaining why you need to reschedule. Thats why VA would want your military records. What your decision review or appeal status means, Made a decision that changes your disability rating or eligibility for benefits. 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. 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. 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. The funny thing is, mine has never been broken. I have been considering an appeal process to try and get some medical help on old injuries from active duty days. Many of 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. I have to wear coveralls due to how pronounced my condition is today! Still sitting at being reviewed by veteran's law judge 2020 marks both the International Year of the Nurse and Florence Nightingale's 200th birthday, making it the perfect time to recognize and celebrate the brave and selfless nurses all over the world. Youll be asked if youd like a copy of the transcript for your personal records. Because the VA didn't address my appeal or write nod. Most veterans wait at least a year. That is where you can get an update on its current statusincluding whether it is in RAMP, or in the legacy process. Are you referring to RAMP, which was active from late 2017 to February? Poor paper record keeping should not be held against the Veterans. To answer your question who knows, I will say legacy appeals seem to take forever. Powered by Invision Community. Update: appeal waiting to be sent to judge : r/VeteransBenefits - Reddit 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. 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. THERE BE? So, two decisions in two lanes in new process in less than four months. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Finally I was directed to an internist. Hi Steve, the AMA began in February 2019. Original Legacy Appeals ADP: The average days pending for original appeals is calculated from the date the appeal is certified to the Board by the Agency of Original Jurisdiction (AOJ) and any given date for appeals currently awaiting a Board decision. 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) . This is all very sad that we are treated like this. When will this torment end?! 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. I filed several times with a DA Forms 3947 and 199 Clearly showing my disabilities. But they had also looked within VA back in 2017 for same records. Also she would not tell me her name or facility that she was located at.) 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. They still denied my claim. this was originally submitted in April 2015 and the regional office in Wisconsin is incompetent and stalling this process which is painfully obvious!!! Yes. Get more resources at VeteransCrisisLine.net. You call the VA and they no nothing and just basically say no you are on appeals status. 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. You're up next. I ask him why and he couldnt give me a reason. Include your name, the VA file number for your appeal, and the reason youre withdrawing the appeal. I contacted a US Senator for assistance. Our appeal was filed 2/20 and its still pending judge review. 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! This, in my opinion, undermines the reason lanes A and B are in place. an expeditious manner Use paragraphs instead of one massive, rambling introduction or story. After the excitement of finally having the rating you deserve wears off, you start asking questions. An official website of the United States government. Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. So I was seen by an Indian female doctor who spent 40 minutes inputting data into the computer prior to starting physical exam. Scan this QR code to download the app now. The judge will listen to your testimony and may ask you a few questions. I see on the dockets that many other states are moving fast but for some reason Texas is taking the longest. 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. Judges made her decision (she agreed with me) in October 7 2020. 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. There is no doubt in my mind that if this was in the private sector I could at least get help from an attorney. It's possible to pay with credit card or Western Union, but PayPal isn't an option. At this point, I would not wish the VA on anyone and thats sad. Its continuous, allowable torture/abuse for veterans and for their families. So guess what, they Appeal waiting time skyrockets from less than a year to as much as 7 years. God bless you all! Hi Todd, RAMP ended in February 2019. Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. Obviously, VA is not as sympathetic as Doctors, but who should be the correct Judge? 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! I am continuously hearing the nightmare stories from other vets of either denials, bad medical treatment, no medical treatment, the waiting, and etc. This will total 9-10 years before a final decision is made. Sit back relax and enjoy the ride, youve got time. Yes, you can bring new and relevant evidence to your hearing to share with the judge. Was that female Indian Doctor at the Syracuse VA by chance? 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. Hes like well now youll be waiting another 4 years to get this right. That they were incurred while in Service, did not Exist prior to Service, were Permanently Aggregated by Service. The average wait time for a decision on your initial claim is about 118.3 days. I appealed a claim in 2017. The chat representative was very helpful and immediately sent a notice to my regional office explaining their ERROR and asking to reinstate the closed appeal. VBA remanded due to 3 out of 4 IMOs missing from file, when all 4 were sent together. Instead its just one of the appeals I have in process. Board of Veterans Appeals Federal government websites often end in .gov or .mil. 4.97, Code 6847 as Sleep Apnea Syndromes (Obstructive, Central, Mixed). If you are a Veteran in crisis the expeditious processing of his VBA remand I have another issue pending from 2003 just remand by the cavc. However, some gardeners prefer heirloom tomatoes due to their historical significance, seed-saving capabilities, and diverse characteristics. Not service related Took a year for that to even get approved! The medical exam is viewable so that everything is documented, If the veteran meets all required elements for claim approval, the rating official can make that determination on the spot or shortly thereafter, and then forward the claim for higher level review and approval. I told her during exam that I disagreed with one of her statements. Based on the limited information provided (thank you for not posting PII), whether you have a medical condition is not in question, but rather that your medical condition was caused by active military service is? 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? NOTHING HAS CHANGED AND NOTHING WILL CHANGE UNLESS YOU WALK INTO THAT HEARING ROOM WITH F. LEE BAILY, ESQ. I call about once a month to check the status of it. (which they took credit for but Never helped me at all). BVA decision : r/VeteransBenefits - Reddit If you're appealing a VA decision under the new process, keep reading below to learn how to request and prepare for a hearing. 1 year on average or 3 years? How does any new system help me? Well, first, you have to get into the new system. HOW can the VBA loose DIGITAL paperwork? While VA does request them from the DoD/Archives, never assume that VA was able to obtain them, or all of them. Under 38 U.S.C. Board of Veterans' Appeals tious If you have an account, sign in now to post with your account. It happened to me long ago- I had an appeal at the BVA but subsequently succeeded in the claim at the VARO level. It is not known what happened to the breeder of Rebel Starfighter Prime or why Galactic Magic Seeds is no longer available. We advise Vets to check the status of their claims and appeals on eBenefits or VA.gov. Q? The National Caner Society told me cancer cells can stay dormat for years and years before becoming active. Its been 2 years 4 months since my appeal was remanded and 15 months since all C&P exams ordered by the remand were done. https://benefits.va.gov/benefits/appeals.asp. Then people wonder why veteran suicide rates are so damn high! Submitting new evidence at this time could delay review of your appeal. Decision wait times - Board of Veterans' Appeals I think his sleep apnea is secondary connected to his back pain. Your previous content has been restored. Please make sure Dave receives this, and have him call me to answer other questions. Hi Lorin, RAMP closed in February 2019. I have never smoked or drank alcohol. The results, Traces of scar tissue identified as the so called Agent Orange. Maybe being politically correct on gender is minor compared to the actual claims collecting dust. We should have realized when signing up, we are expendable and of no value to them. Well today it change to your appeal is with the judge. Her mum Melissa had sent her daughter's audition tapes to Britain's Got Talent. The worse is I havent recovered from losing my husband in the way that I lost him. Your appeal is at the Board of Veterans' Appeals, waiting to be sent to a Veterans Law Judge. 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. How can I get help? This is administered by VBA, and the laws governing it are more than 80 years old. Send your written request to the Board. Theyve done a few xrays, but didnt do a MRI until just 6 months ago. Those are not part of the AMAs current 36-day average. Tissue was extracted and the results were positive. So AMA replaces RAMP? Problem solved. It has been 3 years. Find a VA regional office near you By fax In this case what do I do? You can post now and register later. Did you call DAV, or VA? Your hearing will be transcribed and added to your appeal file. I applied in Aug. 2015. The Board of Veterans Appeals schedules hearings in docket order (the order in which they receive requests). JB 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. So they must approve some in a few days to have an average of 36 days. Supplemental claim, higher level review or BVA review is too much confusion. Pasted as rich text. After filing the appeal, your attorney has the option to request an oral argument. Hi Ben, did you include your military records WITH your claim? My husband died at the young age of 52 at the VA nursing home in Pittsburgh. Appeals Council: The appellate division is the third step in the process of appealing a denied SSD application. adjective This time by the same Doctor who did initial claim exam back in 2017. 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. We sacrificed our bodies for this country, and we have to struggle for 10 damn percent! They have the roster for those whom I lived with while in Vietnam. AFTER THIS HEARING IN THE LEGACY Anyone have an idea of a timeline when my appeal get reviewed? It has Girl, 11, gets surprise Britain's Got Talent audition invite from Donations to Hadit.com are tax-deductible. To start, the judge will swear you in, asking you to take an oath that youll tell the truth during the hearing. I had already scheduled my first surgery. Is that normal if you dont request one or can the judge request one. After the excitement of finally having the rating you deserve wears off, you start asking questions. Any injury or medical condition incurred or aggravated by active military service can be claimed for compensation. An Interview with a Board of Veterans Appeals Judge: Learn what's :). Choosing the Right Variety So I lost out in that way as it dinged my resume for better future employment and retirement as well as my social security. Check your VA claim status Supplemental Claim status Higher-Level Review status Board Appeal status Legacy appeal status The hearing will be transcribed and added to your appeal file. You can post now and register later. The review requirement will usually be removed by the 6th post. You must have your experts and facts ready, to roll over these slobs. The actual procedure took only a few minutes. VA Court Remand Appeal Timeframes - Veterans Benefits Network A judge will review your request, and youll receive a notice in the mail when the judge decides if the hearing can be rescheduled. organic cleaning tips So I did and they say back then that average claim time is 120 days. Pasted as rich text. 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. it sat with the judge until last week. You must demonstrate that your active military service is what caused or aggravated the diagnosed condition. I dont wish this system on anybody least the government I defended??? Your appeal is at the Board of Veterans' Appeals, waiting to be sent to a Veterans Law Judge. So I had to ask if the call was for me or by the name he thought he was call for. 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. But to get the most out of your tomato plants, its important to understand the basics of planting and caring for them. I have suffered severe pain and because of the opioid crisis I just have to suffer. This was right after Nurse Maude DeVictor brought to attention of physical problems Vietnam vets were experiencing. He was 100% disabled many years ago. How can there be no medical records for 5 years? Here in Feb. I also got a letter from VA asking if I have any medical records from 1986-1997 as they could not find them. To learn how to do their job. 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. Can someone explain this? : r/VeteransBenefits - Reddit Next came a Rheumatologist, he thought it might be Lupus. Cookie Notice This article says 36 days, Since mine started in Oct 2018 it has been 8 months, over 240 days. IT mgr should be fired, use fingerprinting, face recognition, as I write my password down, but cant use old password. So they repeated the same request, just 19 months later. So, appeals are processed in first in first out method. ET. If you watch the video above, you can see exactly why very sane people (favorably) moved their appeals into RAMP when it was active. Oh, and the VBA manual on the 30 day issue. Three months later, I have received nothing back. Discover the Best Heirloom Tomato Varieties Comparable to Big Beef, Title: Discovering Heirloom Tomato Varieties Close to Big Beef Your appeal is waiting to be sent to a judge, Mathematics, climate change, VA rules & regulations, Family, fishing, movies, video games, gardening, hot rods, computer programming, electronics, music, Copyright 2023 | Hadit.com | Hadit.com is exempt from federal income tax under Internal Revenue Code Section 501(c)(3). Youre still in the legacy system, which is now closed to new appeals and which will someday be closed for good. (having a medical condition is not enough, on its own, to be granted compensation. My claims have been denied because the lack of military medical records. 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. The VA dosent follow their own rules about settling claims. Decision soon Your appeal will soon receive a Board decision. However, the time it takes to get a decision is different on each docket. 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. The new claims process is just a smoke screen, just more bullsht from the biggest bullshtters in the world, the VA. Hi Frank, a remand means that BVA couldnt overturn a lower decision. 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. How long until a judge is ready for your appeal? Board Hearings With A Veterans Law Judge | Veterans Affairs "jump through the hoops" means you timely filed a NOD, or got VA to reopen, and when denied again, you appealed timely again. My appeal was awarded a month ago and that's the only appeal I have. The company offers Elephant Gigantes seeds, as well as free seeds that come with recommended shelf life information included. That said, most of its features are porting to VA.gov, which Im sure youll find simpler to use. You're up next. Your previous content has been restored. Your appeal is Advanced on the Docket. Decision review replaces the old ("legacy") VA appeals process. Gardening is a great way to spend time outdoors and get in touch with nature. 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. (2012). That was done in Feb. of this year, so yet to see or hear anything on it. Yes, it will cost you a portion of your claim, but 100% of nothing is ZERO, ..NOTHING. SYSTEM BEFORE A JUDGE VIA VIDEO-HOW MUCH TIME DOES THE FURTHER REVIEW TAKE? all the while I continue not be able to pay the VA copays that they keep sending for the illnesses they caused?? I finished and gained my wings. Appeals Management Office unveils new path to speed up appeals We both lost out on benefit monies for many years. You cannot paste images directly. HadIt.com Veteran to Veteran Changes Ownershi. 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. Its sick that a vet or family member calls the VA and each time gets a different story.or blatant lack of training, care, or knowledge. Powered by Invision Community, Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC, General VA Disability Compensation Benefits Claims Forums. 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 . In my latest denial someone wrote one of my issues existed Pryor to Service tho the Forms disagrees with them. 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.. synonyms: speedy, swift, quick, rapid, fast; prompt, punctual, immediate, instant, sudden; high-speed, fast-track, whistle-stop, lightning, meteoric, whirlwind; brisk, nimble; efficient, diligent; hasty, summary, abrupt; Send the completed form to this address: Board of Veterans' Appeals PO Box 27063 Washington, D.C. 20038 In person Bring your completed form to a VA regional office. He tells me to fill out some form online and to mail it to him, that he was just to busy to see me, so just mail it and to make sure that it was addressed a certain way otherwise he would not get it. It will let you know the date and time of the hearing and where its located. I finally lost my temper and sent a secure message telling the VA how disgusted I was with their performance. I hurt my back during Air Assault School while stationed in Ft. Campbell in 1988. I served in the USMC in good faith believing the BS which the USMC & the VA told me. It is a secondary service connected lumbar back pain? I too, believe they wait us out to see if we die first. This is standard practice when ordering from Ukraine, according to customers wh, Honour Nursing Professionals and Support American Farming Heritage with The Nightingale Project & True North 2022, The Nightingale Project and True North 2022: Celebrating Nurses and Preserving American Farming Heritage 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. 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. 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. Oh, thats right, sit on those claims til 2020 and MAKE them join the modernization act, since they didnt volunteer for RAMP. Doesn't seem to be an unanswered question there. Years ago I suffered with swelling of joints and giant hives whenever I did manual work at home and on the job. Advice given is in no way a substitute for consulting with a competent Veterans law firm, such as one on the NOVA advocate website !! Mine is in remand at the RO. Your first posts on the board may be delayed before they appear as they are reviewed. This gives members a starting point to ask clarifying questions like. My lawyer did request a hearing and my Ebenefits was showing I was waiting to have my hearing. Backpay $33 grand. I have been denied repeatedly. Your appeal is being reviewed to either be granted or rejected. Then in February I got a letter from the VA stating within 90 days of February 12, 2020 I would have a decision made. The new AMA remedies all of that. And now youre stuck. Have evidence of sleep apnea since 1954, but have been denied twice as insufficient, even with a NOD statement from my sleep Doctor. Submitting new evidence at this time could delay review of your appeal. !! Lawyers arent free. Live with Restream | license | Live with Restream CCLI Copyright 4390
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