your appeal is waiting to be sent to a judge

Hi James, the simple answer is that its in the Code of Federal Regulations. 38 USC 5109B, 7112 already states the following: However, I now see that VA is still doing what it was originally chartered to do. I told him, I want it done right, so whats another 4 years. Use paragraphs instead of one massive, rambling introduction or story. So they must approve some in a few days to have an average of 36 days. I feel the pain of everyone who commented i have been messed around so much by the Va its not even funny they lost records even refused to send me mail saying they sent it then send letters about they error on my claim and gave a lawyer which they paid for and Im still waiting on them to finish my claim from 2012 I thank God that Im receiving social security from my injuries while on the Marines social security said there are no jobs out there that I can do but VA still wont say Im unemployable but social security say so really this cares alot of stress and anger. 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. If the Vet thinks VA is wrong or made an error and would like a more senior rater to review the evidence, then HLR is the lane to go to. They have the roster for those whom I lived with while in Vietnam. The video above explains the benefits of the new system and also how someone like you can opt into the new system. an expeditious manner Been going to school since October 2020. However, we reserve the right to keep anyone on moderator preview. Hi Tom, if you would like medical help, please click here: https://www.va.gov/health-care/. It says on Va.gov that I will have a decision soon. Also she would not tell me her name or facility that she was located at.) Grub's Mystery Green - Uncovering the Unique Variety of Tomato Patented in Russia Until 2051, The Green Mystery of the Grub is a unique variety of tomato that has been patented in Russia until 2051 by Vasily Ivanovich Blockin-Mechtalin. Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. It's possible to pay with credit card or Western Union, but PayPal isn't an option. Advice given is in no way a substitute for consulting with a competent Veterans law firm, such as one on the NOVA advocate website !! This will total 9-10 years before a final decision is made. Thats not entirely accurate because in the new Supplemental Claim Lane in the new process, VA can work with you to develop the case that could lead to a more favorable outcome for you. 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. Then, youll also want to include a current medical diagnosis from your VA or private doctor. SMH, SMH, UP GRADE YOUR PHONE SYSTEM AND, Hi Chris, eBenefits is a joint DoD/VA website, and it is the DoD who controls logon and security features. I too, believe they wait us out to see if we die first. 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. A huge thank you to all my brothers and sisters out there for their service and sacrifice! Your previous content has been restored. I had already scheduled my first surgery. Th last time I contacted them, with a reply was late 2019.The BVA also has a Fax #844-678-8979 (Toll Free). Getting Started I dont read all posts every login and will gravitate towards those I have more info on. If the Vet wants BVA, they appeal to BVA. Send your written request to the Board. Get more resources at VeteransCrisisLine.net. Many of There are a lot of people working for the VA making these kind of decisions, and there is no way to check on them, let alone request another evaluation. Cant have two open pending at same time. This process allows us to remove spam and other junk posts before hitting the board. I call about once a month to check the status of it. It can take anywhere from three weeks to three months or more. Doesn't seem to be an unanswered question there. Upload or insert images from URL. Before his death, I had numerous meetings with all the VA personal from admin to medical pertaining to all the botched issues and neglect; provided dates, times, facts, and data as well as pictures. 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. You can also call your hearing office to ask about the status of your particular case. Then in February I got a letter from the VA stating within 90 days of February 12, 2020 I would have a decision made. This time by the same Doctor who did initial claim exam back in 2017. Hi John, having a medical condition is not enough, on its own, to be granted compensation. Im like no, its still wrong, the dates are wrong, how they are writing the percentage for the code is wrong. Hi Lorin, RAMP closed in February 2019. Hi Kimberly, the options are well explained. This includes the examinations a veteran submits to as well. See comment above for rating criteria in the CFR. It just sat in a corner file cabinet for nearly a year, and the response from the VA was just plain arrogant. 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. I'm giving you the blueprint to financial freedom Brother/Sister. I have another issue pending from 2003 just remand by the cavc. Three months later, I have received nothing back. We want to keep the focus on VA Claims, and this helps us do that. 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 actual procedure took only a few minutes. If you don't agree with the Statement of the Case, you can continue your appeal to the Board of Veterans' Appeals. I talk with them all the time too. hope that helpssorry you guys are having to wait so long. 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. A Board hearing is always optional. Multiple diagnosis between 1988 & 1992 of which none are Diabetes or Cancer other than skin cancer, VA says I was not exposed to Agent Orange. Youll get a notice in the mail at least 30 days before your hearing is scheduled. A healthy financial future isnt only about how much money you make, but how you manage it. So AMA replaces RAMP? The Board of Veterans Appeals schedules hearings in docket order (the order in which they receive requests). Its sick that the VA utilizes non Board certified doctors to experiment, diagnose, and perform surgery on veterans. We advise Vets to check the status of their claims and appeals on eBenefits or VA.gov. to date I have waited over Four months and going on five months?? 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. views, . likes, . loves, comments, . shares, Facebook Watch Videos from Jane Yap: LIVE: Saulog Tagbilaran Street Dancing and Ritual. Got help from Soldier On and GI Go Fund to submit more issues, including neck, concussion related, and more plus going over the initial items again. Here in Feb. So I can have an idea where they are at reviewing cases. No remand, hasn't got that far. I finally lost my temper and sent a secure message telling the VA how disgusted I was with their performance. I have been denied because I was seen by someone other than the VA. Please I need an advice. Unfortunately, the website appears to be down and it is unclear if this is temporary or permanent. This is administered by VBA, and the laws governing it are more than 80 years old. That system was broken, and often took several years to render a single second decision. Ive waited my turn. There is NO WAY to overcome the I dont give a sht attitude by the VA except that you be prepared with an ATTORNEY TO GO INTO A HEARING ON THE RECORD WITHIN 30 DAYS OF THE DECISION TO DENY YOUR CLAIM. You can mail or fax a written request to reschedule or withdraw your Board hearing. For more information, please see our Decision soon Your appeal will soon receive a Board decision. SYSTEM BEFORE A JUDGE VIA VIDEO-HOW MUCH TIME DOES THE FURTHER REVIEW TAKE? I am not the only one that has had a problem like this. (Yes, that is what she said, and hung up. WARTAC trains separating service members to become VA Veteran Service Representatives (VSR) or rating Veteran Service Representatives (RVSR) with the Veterans Benefits Administration (VBA). USN/USMC. anything at all regarding Vietnam You'll follow the new process if you're: If youre using VA Form 9 to appeal a VA decision you received before February 19, 2019, go to the Board of Veterans' Appeals (BVA) Hearing page. Delay, Deny, and Hope You Die is the VA way of thinking. Here are the steps to filing a BVA appeal: 1. A direct review, where the VLJ only reviews the existing claim record without any new evidence or arguments, will take about a year. This blog discusses a new way for Vets locked in that broken system a way to opt into the new, modern appeals process. Mine is in remand at the RO. How long until a judge is ready for your appeal? the expeditious processing of his VBA remand The judge will review all the evidence and make a decision or remand it. 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? Gardening is a great way to spend time outdoors and get in touch with nature. 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 It has been over 30 days since the second exam and still no updates. HOW can the VBA loose DIGITAL paperwork? Please make sure Dave receives this, and have him call me to answer other questions. I see on the dockets that many other states are moving fast but for some reason Texas is taking the longest. Anybody working in the system can write whatever they want in your file, even if they are a one year intern and it is not their specialty. If you have an account, sign in now to post with your account. I went through the RAMP. Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Or so I have heard. Note: Your post will require moderator approval before it will be visible. Please read the dictionary meaning posted above and get back with me. 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. How does any new system help me? Veterans stuck in the old, legacy appeals process now have two new paths to transfer their appeals into the AMA Decision Review Process. 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 . tious That being said it appears the two computer systems are no processing or updating the information. My claim should be a clear cut approval but still they wait. BEING OVER THE AGE OF 75 I WAS LUCKY TO HAVE A HEARING IN 12/2018. You also have 90 days after the day of your hearing to submit new evidence for the judges review. I got a woman on the phone and asked her for help. Find a VA regional office near you By fax Trench warfare Those are not part of the AMAs current 36-day average. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. The https:// ensures that you're connecting to the official website and that any information you provide is encrypted and sent securely. PO Box 27063 The Board of Veterans Appeals schedules hearings in docket order (the order in which they receive requests). However, I did not receive my records when I was discharged from the Army and there are no medical records in the National Archive. I haven't either. 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? 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. (which they took credit for but Never helped me at all). them are Veterans themselves. 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. Also, it would be a great supplementary article to explain how appeals employees that had been working legacy appeals were diverted to work RAMP appeals (dont know about AMA), and so the oldest appeals will certainly get much older. Ive waited 9 years now, so whats another 4. I have been denied repeatedly. That is where you can get an update on its current statusincluding whether it is in RAMP, or in the legacy process. My case was screwed up so badly I had to hire a lawyer to take over. You arent required to have a hearing. I did not submit anything concerning Addisons Disease and have no clue where that came from??? EricR33 12 days ago Hi I just came across your post. Further, legacy means your BVA appeal will have to be "certified" by your VARO. So I had to ask if the call was for me or by the name he thought he was call for. Supplemental claim, higher level review or BVA review is too much confusion. 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. 4.97, Code 6847 as Sleep Apnea Syndromes (Obstructive, Central, Mixed). Decision soon Your appeal will soon receive a Board decision. 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. "When arguing with a fool, you should first be sure the other person isn't doing the same thing. This gives members a starting point to ask clarifying questions like. In my latest denial someone wrote one of my issues existed Pryor to Service tho the Forms disagrees with them. My DIC came by direct deposit to my account.My bank never got the wire transfer and I was stunned that instead they sent this very large check by mail. Your letter sounded VERY familiar! When it comes to planting tomatoes, the first step is choosing the right variety for your climate and soil type. Before sharing sensitive information, make sure you're on a federal government site. Please dont submit new evidence prior to your hearing. That didnt check out. I can not talk to anyone directly and point this out. !! I was taking 60mg a day for control. 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. My regional representative with the VFW has been worthless. 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. Not to be an ass, but how is sleep apnea a service connected disability? Hi Arnold, in your second sentence, you wrote that you called in, but didnt say who you called. Oh, yes, there still are "old school" people around who recommend legacy, mostly because they often "dont like change", and want to do it the way it was always done, even tho that may mean it takes 2-5 years to get a BVA appeal done and implemented. In the case of sleep apnea is secondary related the pain killer like tramadol and anxiety medication like lorazepam . Donations to Hadit.com are tax-deductible. Your appeal is at the Board of Veterans' Appeals, waiting to be sent to a Veterans Law Judge. My appeal was awarded a month ago and that's the only appeal I have. Your claim will be worked in date order relative to other claims of this type. No apology. You can request a direct review, submit more evidence, or request a hearing. I hope this journey is over, My appeal changed to the same status today. or how can my case be expedited? Three days later I get a call verifying my wife and children and told a letter is being sent out. Years ago I suffered with swelling of joints and giant hives whenever I did manual work at home and on the job. I was seen by the resident physicians at the VA. 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. Mine was dislocated in March 1987. This process does not take long. fishing Your representative, if you have one, may help you at the hearing. the VA writes lots about their new moderization act yet, I hear their mouths moving and their actions dont match!!! To answer your question who knows, I will say legacy appeals seem to take forever. Most CommonVADisabilities Claimed for Compensation: Can a 100 percent Disabled Veteran Work and Earn an Income? Should I refile? 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. About two weeks ago, I received a letter saying it had been docketed, but they are waiting for assignment. Q? Youll need to send a written request to the Board of Veterans Appeals providing good cause to reschedule your hearing at least 2 weeks before your hearing. After appealing it at the local level it was written up to be sent to Washington D.C. (that was in 2010 and yet had a second surgery in 2011) So far my appeal has taken 9 years. I still havent recovered from the dings. Your appeal is being reviewed to either be granted or rejected. I also am in this exact stage. Clear editor. EIN 92-2360268 It is not known what happened to the breeder of Rebel Starfighter Prime or why Galactic Magic Seeds is no longer available. Mine has been waiting since Oct 2020. So they got the initial claim wait time down, but at same time, these new, unqualified folks made some dumb mistakes. 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 Board will make a decision A Veterans Law Judge will review all of the available evidence and write a decision. Theyve done a few xrays, but didnt do a MRI until just 6 months ago. Ive lost everything, including my quality of life. The https:// ensures that you're connecting to the official website and that any information you provide is encrypted and sent securely. Your appeal is at the Board of Veterans Appeals, waiting to be sent to a Veterans Law Judge. 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. Fear is not an option. Most veterans wait at least a year. Anyone have an idea of a timeline when my appeal get reviewed? This gives members a starting point to ask clarifying questions like. And judge Amanda Holden was waiting at the theatre to invite Olivia to audition on the ITV hit show. Because the VA didn't address my appeal or write nod. How can I get help? 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. This isnt the first time I have had problems with the VA. Did you call DAV, or VA? There is a large population of Veterans who are not being compensated for injuries that happened while they were on active duty because their paper records cant be found. I have never smoked or drank alcohol. Two weeks later they approved my claim. Two last things, I will not be afraid to send in additional claim evidence when my appeals are not finalized. Thats why VA would want your military records. i got a decision back in Novemberjust for some perspective. Question is how long does it take. Still in school. You're up next. Decision review replaces the old ("legacy") VA appeals process. I was told it should not stay at the RO for more than 30 days and it has been several MONTHS! Oh, and the VBA manual on the 30 day issue. After the excitement of finally having the rating you deserve wears off, you start asking questions. Youll keep the same docket date, and your hearing will be rescheduled to the earliest date possible. 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. I faxed 5 pages of VA awards to 60% and a cover page saying in bold PLEASE HELP. 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). If a hearing was requested, one must be provided. One popular hybrid tomato is the Big Beef variety, known for its productivity, disease tolerance, and adaptability. Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. My only request to Dave is to run this properly, or move on. I also got a letter from VA asking if I have any medical records from 1986-1997 as they could not find them. Donations to Hadit.com are tax-deductible. I filed several times with a DA Forms 3947 and 199 Clearly showing my disabilities. That they were incurred while in Service, did not Exist prior to Service, were Permanently Aggregated by Service. An official website of the United States government. I have worked as A Veteran Advocate at the Tucson VA since I moved to Arizona in 1978. 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 have been waiting 9 months on this so called quicker way and have heard nothing. There was new evidence that was submitted before that was NOT considered, and I again submitted even more NEW and supporting evidence this time. organic cleaning tips Wow, did you file many claims? Now my mind is everywhere lol. I really dont think that the process is the problem in the VBA system. ", My case is currently with a veterans law judge. Then you would need to file an appeal after that. What your decision review or appeal status means, Made a decision that changes your disability rating or eligibility for benefits. Donations to Hadit.com are tax-deductible. It was only a few months before he died they finally gave him 100%. News for and about the Department of Veterans Affairs: Veterans Benefits Administration, Veterans Health Administration, National Cemetery Administration. And now youre stuck. Cant get ahold of, leave messages, still doesnt return your call or when he did, he called me by a different name. Still, Vietnam era veterans are not very important, and never have been from the day we returned home. Submitting new evidence at this time could delay review of your appeal. An official website of the United States government. The new AMA remedies all of that. You can also submit new evidence for the judge to review within 90 days of the day of your hearing. 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. Maybe being politically correct on gender is minor compared to the actual claims collecting dust. Powered by Invision Community. license | 41 views, 2 likes, 0 loves, 1 comments, 2 shares, Facebook Watch Videos from Parkview Christian Church: Live with Restream CCLI Copyright. Im not asking for favoritism, Im not trying to jump a line, or lane, just asking for a decision. Copper has been known to kill tomato plants if placed directly into the stem or base, but placing copper wire around the wound may not have the same effect. Veterans are assigned 0%, 30%, 50% and 100% ratings for sleep apnea, depending on the severity of their condition.

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