I had to give up on my career/education for numerous years and then my employment for over a year to care for him. If the Regional Office missed the hearing request and sent it to BVA it will almost definitely be picked up on by BVA when they start reviewing everything at which time it will be sent back to the Regional Office to schedule the hearing. 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 Well yes I won 8 years retro because the regional office Never certified my appeal to the board from service.. THERE BE? If a hearing was requested, one must be provided. It adds paperwork, with little benefit to the Veteran. Grant:The judge disagrees with the original decision and decides in your favor. I can not talk to anyone directly and point this out. I thought they were only supposed to do an exam, ask a few pertinent questions and send you on your way. I told her during exam that I disagreed with one of her statements. So, appeals are processed in first in first out method. Advice given is in no way a substitute for consulting with a competent Veterans law firm, such as one on the NOVA advocate website !! Then, youll also want to include a current medical diagnosis from your VA or private doctor. While VA does request them from the DoD/Archives, never assume that VA was able to obtain them, or all of them. An official website of the United States government. I have never smoked or drank alcohol. Your appeal is at the Board of Veterans' Appeals, waiting to be sent to a Veterans Law Judge. Hi Arnold, in your second sentence, you wrote that you called in, but didnt say who you called. Your link has been automatically embedded. Regards. ", My case is currently with a veterans law judge. Yet, they wanted me to dig up names and get them to testifyYou know how many Martinezs there are? Supplemental claim, higher level review or BVA review is too much confusion. VA offers programs to assist with end-of-life planning and help ease the burden on family members when a Veteran passes. In the case of sleep apnea is secondary related the pain killer like tramadol and anxiety medication like lorazepam . So many times the facts already sitting in the medical records are ignored and the claim denied. The review requirement will usually be removed by the 6th post. Send your written request to the Board. The site of injection of the needle was numbed, I was able to watch the needle puncture through my back and into my kidney. I did not take that long to get turned down again, even though its documented in my military medical records. I had a POA rep (DAV)but they didn't have a clue, and I thought they had withdrawn my appeal when they got the award letter. 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. RAMP was a temporary sneak peek at the new AMA, and it was an opportunity for thoselike youto move out of the old, broken, legacy appeals process. Copyright 2023 | Hadit.com | Hadit.com is exempt from federal income tax under Internal Revenue Code Section 501(c)(3). One of the first questions that you might ask is this:Its a legitimate question rare is the Veteran that finds themselves sitting on the couch eating bon-bons Continue reading, try to see what is the timeline is of veterans. 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). First off thank you for what you all are doing, my concerns are the following: 3/25/2019 my appeal was awarded and my percentage was raised from 10% to 60%. I immediately filed a motion to have a hearing ON THE RECORD WITH THE EVIDENCE. Ive been fighting for increases for close to 5 or 6 years now I believe, and its all a damn numbers game to them. The video above explains the benefits of the new system and also how someone like you can opt into the new system. Now my mind is everywhere lol. 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. Decision soon Your appeal will soon receive a Board decision. Does this new appeals process help with this issue? Those are not part of the AMAs current 36-day average. I have been denied because I was seen by someone other than the VA. Before sharing sensitive information, make sure you're on a federal government site. Thats why VA would want your military records. hope that helpssorry you guys are having to wait so long. Further, legacy means your BVA appeal will have to be "certified" by your VARO. I served in the USMC in good faith believing the BS which the USMC & the VA told me. Its sick when they hire those who can not be hired anywhere else. I went through the RAMP. Get more resources at VeteransCrisisLine.net. Or, you can call us at 800-827-1000to request a form. 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. So I called VA and when I talked to a representative I was told it had been received but not forwarded to the right agency. The real problem is the people and how they do their jobs within the system. 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. 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. If your hearing is less than 2 weeks away, youll need to file a motion explaining why you need to reschedule. Next came a Rheumatologist, he thought it might be Lupus. I cant be considered Service Connected because there are no medical records. This is administered by VBA, and the laws governing it are more than 80 years old. You're up next. Submit VA Form 9 to the Board of Veterans Appeals. Your appeal is at the Board of Veterans' Appeals, waiting to be sent to a Veterans Law Judge. How can the VBA tout the The New Modernization Act so vigorously, yet leave behind 200,000 veterans? Donations to Hadit.com are tax-deductible. News for and about the Department of Veterans Affairs: Veterans Benefits Administration, Veterans Health Administration, National Cemetery Administration. 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. We both lost out on benefit monies for many years. Additionally, modern pennies are only 2.5% copper, so older pennies should be used instead for better results. I know you have to request a hearing if you want one. 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. If you were injured then but not now, then you may not be eligible to be compensated. Not to be an ass, but how is sleep apnea a service connected disability? Got denied for eye issues, ringing in my ears, and not sure what else at that point. I hadnt heard anything as of of May 31,2019. That system was broken, and often took several years to render a single second decision. 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 To do this you must complete and return a VA Form 9 within 60 days. I had joined the class action lawsuit concerning Agent Orange exposure. JB As Dave mentions in the video, RAMP averaged about 130 days, which is slightly higher than our 125-day goal. Veterans stuck in the old, legacy appeals process now have two new paths to transfer their appeals into the AMA Decision Review Process. For 17 years, youve shuffled in and out of the broken appeals process with little information or choice. Ive got video of my knee swollen, and having spasm attacks, and I KNOW this shits documented through the VA! The site is secure. I honestly believe that might be a significant understatement. (2012). Knowledgeable people who dont have time to read all posts may skip yours if your need isnt clear in the title. I will find the BVA ombudsman's email addy and post it here. You wont lose your place in line. To commemorate this special occasion, KarenO, a registered nurse with 35 years of experience, has started The Nightingale Project. You're up next. Use the address or fax number listed below. I ask him why and he couldnt give me a reason. I have problems with my neck and numbness radiating down my left arm. 100% rating. I original filed a claim April 2002 and wasnt seen until May 2003 (yes, 13 months. Not to mention the civilian life is for the birds as is the job market.. A representative whos trained in the appeals process can help you prepare for your hearing and for the conversation with the judge. Basically back to the end of the line. It only took the VA 32 years to do the first MRI. We want to keep the focus on VA Claims, and this helps us do that. So AMA replaces RAMP? One of the first questions that you might ask is this:Its a legitimate question rare is the Veteran that finds themselves sitting on the couch eating bon-bons Continue reading. 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). I did not submit anything concerning Addisons Disease and have no clue where that came from??? Your status tells you where your claim is in the decision review or appeal process. 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 VA CLAIMS PROCESS IS A FRAUD. 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 dont read all posts every login and will gravitate towards those I have more info on. What your decision review or appeal status means, Made a decision that changes your disability rating or eligibility for benefits. He says well this is what youve been waiting for. This process allows us to remove spam and other junk posts before hitting the board. Hi Steve, the AMA began in February 2019. Did you call DAV, or VA? If you have a POA, and the RO awarded the same conditions as noted in your BVA appeal-. The judge will review the hearing and the other evidence in your appeal file before making a decision. You see, this requires VA to do a Statement of Case, and Suplemental Statement of case, each time you add new evidence. VA Court Remand Appeal Timeframes - Veterans Benefits Network My question is how long can it remain like this ?? As an example of what the new system can do for you, lets say that you got two decisions in 10 years in legacy. The results, Traces of scar tissue identified as the so called Agent Orange. It's possible to pay with credit card or Western Union, but PayPal isn't an option. They lost my file for 6 months). So I had to ask if the call was for me or by the name he thought he was call for. See comment above for rating criteria in the CFR.). 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. Submitting new evidence at this time could delay review of your appeal. Examples of good cause for rescheduling would include if you, your representative, or a witness are sick or you had trouble getting records. You can request a video conference hearing if you want to provide testimony to a judge about your appeal. 40 years, 4 claims, 4 appeals and rejected every time with unprofessional intimidation, accusations of lying, fabricating photos, while all the years the symptoms dont go away. Well, first, you have to get into the new system. HadIt.com Veteran to Veteran Changes Ownershi. The VA referred me and paid the bill but will not take responsibility. One popular hybrid tomato is the Big Beef variety, known for its productivity, disease tolerance, and adaptability. You can also submit new evidence for the judge to review within 90 days of the day of your hearing. Decision review replaces the old ("legacy") VA appeals process. 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. 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. See comment above for rating criteria in the CFR. (Yes, that is what she said, and hung up. 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. 31 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. Find a VA regional office near you By fax So they got the initial claim wait time down, but at same time, these new, unqualified folks made some dumb mistakes. 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. Poor paper record keeping should not be held against the Veterans. Two weeks later they approved my claim. Cant have two open pending at same time. However, I now see that VA is still doing what it was originally chartered to do. So guess what, they Appeal waiting time skyrockets from less than a year to as much as 7 years. The code that it listed was for a broken collar bone that hadnt heal right, so it would be rated as 10%. IT mgr should be fired, use fingerprinting, face recognition, as I write my password down, but cant use old password. His last resort was a Kidney Biopsy. So why would it being going to BVA judge now? Before you get started, you'll need to decide what type of vegetables you want to grow. The BVA timeline depends on several factors based on your appeal approach. It is the same code, but for a dislocated collar bone its 20% for either arm. 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. If you switch to a different appeal option, youll keep the same docket date and your appeal will be decided at the same time as other appeals with the same date. She spent less than 5 minutes doing exam of Total knee replacement, and severe back structure issues. The Board of Veterans Appeals schedules hearings in docket order (the order in which they receive requests). Donations to Hadit.com are tax-deductible. HOW can the VBA loose DIGITAL paperwork? 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? The denials were because my skin caner did not show up within a year of my service with the Marines in 1969. Hi Ted, sorry to hear. That doesnt make sense. The judge will review the hearing and the other evidence in your appeal file before making a decision. Many have been disrespectful. An official website of the United States government. Q? The Appeals Council considers every request for review, though they may still deny your request if they believe the decision from the hearing was correct. (having a medical condition is not enough, on its own, to be granted compensation. Problem solved. Its why, for years, weve been wanting a newer, more modern process that doesnt take years to get to a single decision point. They refused to talk to my wife who could have testified of my behavioral problems and the experiences she observed, but, they wont. 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. The https:// ensures that you're connecting to the official website and that any information you provide is encrypted and sent securely. I thought all this out and as a good NCO at age 60 decided communication is the best road to follow. Hi John, having a medical condition is not enough, on its own, to be granted compensation. They were all residents that were everything but colorectal surgeons.. Our appeal was filed 2/20 and its still pending judge review. It just sat in a corner file cabinet for nearly a year, and the response from the VA was just plain arrogant. I appealed a claim in 2017. Thats a lot of granting of benefits. I can even remember two instances where I was sprayed, once in my face, where the cancer is located. The judge will review all the evidence and make a decision or remand it. Privacy Policy. A huge thank you to all my brothers and sisters out there for their service and sacrifice! 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 . 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. Did yours get to a judge yet? How come a veteran is given days to respond, when the VBA takes YEARS to Not respond? We're here Monday through Friday, 8:00 a.m. to 9:00 p.m. I too, believe they wait us out to see if we die first. organic cleaning tips How Long Will It Take for a Judge's Decision and How Long Before That letter only denied two disabilities and did not even mention the illegally closed appeal. :). 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. Having a linear line of appeal would be so much easier for the VA and easier on Vets to understand. 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. My claim should be a clear cut approval but still they wait. I had already scheduled my first surgery. this was originally submitted in April 2015 and the regional office in Wisconsin is incompetent and stalling this process which is painfully obvious!!! So about three months later I received another e-mail/letter and phone call. He was 100% disabled many years ago. Sit back relax and enjoy the ride, youve got time. Your wait time depends on which appeals lane you choose and how long it takes for the VBA or the BVA to get through the appeals in front of them. Question B. I may have PTSD- how can I be sure? Your appeal is at the Board of Veterans' Appeals, waiting to be sent to a Veterans Law Judge. Currently, there is a small group of RAMP claims pending, and are being completed everyday. I have been denied repeatedly. Reddit and its partners use cookies and similar technologies to provide you with a better experience. 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. So I can have an idea where they are at reviewing cases. The appeal was filed in 2010, but it would not be 2016. https://benefits.va.gov/benefits/appeals.asp. The new process is said to have 3 NEW lanes to choose fromlanes A and B arent new. Theyve done a few xrays, but didnt do a MRI until just 6 months ago. Maybe being politically correct on gender is minor compared to the actual claims collecting dust. I have also had problems at the VA hospital that I go to. 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. Doesn't seem to be an unanswered question there. We sacrificed our bodies for this country, and we have to struggle for 10 damn percent! In this case what do I do? Deny:The judge agrees with the original decision. or how can my case be expedited? So, in all, youve received at least two decisions since your claim was completed. Then in February I got a letter from the VA stating within 90 days of February 12, 2020 I would have a decision made. Any advice would be greatly appreciated. The Board will make a decision A Veterans Law Judge will review all of the available evidence and write a decision.