Any injury or medical condition incurred or aggravated by active military service can be claimed for compensation. And judge Amanda Holden was waiting at the theatre to invite Olivia to audition on the ITV hit show. it sat with the judge until last week. That they were incurred while in Service, did not Exist prior to Service, were Permanently Aggregated by Service. Oh, and the VBA manual on the 30 day issue. This patent covers not only the Grub's Mystery Green, but also Brads Atomic Grape and Barrys Crazy Cherry. How can that problem be solved? You and the judge will have a conversation. 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. 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 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. The site is secure. Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. 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. An official website of the United States government. 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. A revision is more involved than the knee replacement. "jump through the hoops" means you timely filed a NOD, or got VA to reopen, and when denied again, you appealed timely again. The Statement of the Case explain the reason why they couldn't fully grant your appeal. Or so I have heard. They tell me that BVA is taking about one year. 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. 38 USC 5109B, 7112 already states the following: The .gov means its official. Ive waited 9 years now, so whats another 4. The appeals process is a system for Vets to formally file a disagreement with a decision VBA made on a Vets disability compensation claim. done with speed and efficiency. If you disagree with a VA claim decision, you can request a decision review. Many of 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. The VA dosent follow their own rules about settling claims. BEING OVER THE AGE OF 75 I WAS LUCKY TO HAVE A HEARING IN 12/2018. This gives members a starting point to ask clarifying questions like. So, two decisions in two lanes in new process in less than four months. Ive lost everything, including my quality of life. I can even remember two instances where I was sprayed, once in my face, where the cancer is located. Scan this QR code to download the app now. About two weeks ago, I received a letter saying it had been docketed, but they are waiting for assignment. Supplemental claim, higher level review or BVA review is too much confusion. That was done in Feb. of this year, so yet to see or hear anything on it. :). My appeal was remanded to the director of compensation and after they got done with it my appeal was awarded. Problem solved. My regional representative with the VFW has been worthless. They agree I was exposed and in Nam, but it doesnt cover my cancer. 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. Ebenefits is a joke, they make disabled veterans, that dont remember yesterday, keep changing the password. Hi Todd, RAMP ended in February 2019. Knowledgeable people who dont have time to read all posts may skip yours if your need isnt clear in the title. The aim of Congress is to deter you from receiving your benefits, while they bask in the bales of money from private interests. So why would it being going to BVA judge now? Then, youll also want to include a current medical diagnosis from your VA or private doctor. All youve done is taken the so called Legacy Appeals Process and added lane C which allows claimants to appeal directly to BVA. I appealed a claim in 2017. I went through the RAMP. 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? Should I refile? Why does the VBA/RO manuals say expeditious manner on remands and when required remanded paperwork is received as requested, a decision is to be made in 30 days? 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. In my mind I feel the process is now going forward only because I faxed in the VA award letters. Thanks. Hi Arnold, in your second sentence, you wrote that you called in, but didnt say who you called. This will total 9-10 years before a final decision is made. Do you also have a current pending new claim for the same or similar medical condition? The judge will listen to your testimony and may ask you a few questions. NOTHING THE VA DREAMS UP IS INTENDED TO HELP YOU SECURE YOUR CLAIM BENEFITS WITHIN A REASONABLE TIME. Donations to Hadit.com are tax-deductible. Still, Vietnam era veterans are not very important, and never have been from the day we returned home. Capt Adoph Von Shell-interested in any info at all! The whole system is corrupt. It was a temporary program, a sneak peak at the new AMA, and a way for those stuck in the old legacy process to have their appeals moved into the new process. I sent my appeal to a judge in 2018. (having a medical condition is not enough, on its own, to be granted compensation. Hi John, having a medical condition is not enough, on its own, to be granted compensation. I filled my Form 9 February 2019. 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. an expeditious manner Agent Orange poisoning. You also have 90 days after the day of your hearing to submit new evidence for the judges review. im not back at the docet myself for misapplied EEFso another 2 years and i might officially be done with this mess. 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. Have evidence of sleep apnea since 1954, but have been denied twice as insufficient, even with a NOD statement from my sleep Doctor. She was the same one who did my last C&P that got my claim denied the last time. However, I now see that VA is still doing what it was originally chartered to do. 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. However, the number of hearings VA held in 2019 is up 38 percent from the previous year, which is a good sign for veterans. After I filed the RAMP, I was not seen or did I hear from VA until after the 120 day point. if that gives you any timeline, Did yours get finalized? 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. Currently, there is a small group of RAMP claims pending, and are being completed everyday. This isnt the first time I have had problems with the VA. 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. They lost my file for 6 months). Moreover, the Board has already sent out over 100,000 decisions in Fiscal Year 2020, which indicates that appeals are being worked through . My claims have been denied because the lack of military medical records. Find your type of decision review or appeal below to learn what your status means. Question A. I was previously denied for apnea Should I refile a claim? That doesnt make sense. Even a confirmed location of Agent orange at Utapao AB, Thailand & my workstation was the 11th USAF Hospital which backed up to the Klung which was infested requiring the burning with Agent Orange. Veteran Saves, which is part of the Consumer Federation of Americas America Saves program, wants to help increase financial stability, savings and economic resilience among Veterans. Mine has been waiting since Oct 2020. Board of Veterans Appeals 4.97, Code 6847 as Sleep Apnea Syndromes (Obstructive, Central, Mixed). Why would a sane person even think about using RAMP? 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. The National Caner Society told me cancer cells can stay dormat for years and years before becoming active. As an example of what the new system can do for you, lets say that you got two decisions in 10 years in legacy. Semper Fi. organic cleaning tips So being told Im 41,000 in line with average wait time over 3 years is expeditious? HadIt.com Veteran to Veteran Changes Ownershi. Hi Randall, the BVA lane is the most unchanged lane. Hendrix,etc etc etc I think his sleep apnea is secondary connected to his back pain. The code that it listed was for a broken collar bone that hadnt heal right, so it would be rated as 10%. And now youre stuck. My appeal changed to the same status today. This article says 36 days, Since mine started in Oct 2018 it has been 8 months, over 240 days. Its continuous, allowable torture/abuse for veterans and for their families. 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. That letter only denied two disabilities and did not even mention the illegally closed appeal. I dont read all posts every login and will gravitate towards those I have more info on. If you are a Veteran in crisis 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. Mine is in remand at the RO. You see, this requires VA to do a Statement of Case, and Suplemental Statement of case, each time you add new evidence. My lawyer did request a hearing and my Ebenefits was showing I was waiting to have my hearing. Since when are they the decision makers on how the claim will shake out? I will find the BVA ombudsman's email addy and post it here. 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. It only took the VA 32 years to do the first MRI. Paste as plain text instead, Submitting new evidence at this time could delay review of your appeal. I immediately filed a motion to have a hearing ON THE RECORD WITH THE EVIDENCE. Three months later, I have received nothing back. We're here Monday through Friday, 8:00 a.m. to 9:00 p.m. I have been denied because I was seen by someone other than the VA. They saw me the first time in 2003. When That hearing request was submitted I waited a full two years Now, I was promised either a Statement of Case or Benefits within three months? I original filed a claim April 2002 and wasnt seen until May 2003 (yes, 13 months. This gives members a starting point to ask clarifying questions like. Having a linear line of appeal would be so much easier for the VA and easier on Vets to understand. This time by the same Doctor who did initial claim exam back in 2017. (which they took credit for but Never helped me at all). The Board will make a decision A Veterans Law Judge will review all of the available evidence and write a decision. However, I did not receive my records when I was discharged from the Army and there are no medical records in the National Archive. 31 God bless you all! Question B. I may have PTSD- how can I be sure? 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) . 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. I finally went to my Congressman, who immediately sent an inquiry to the VA on my behalf. A few years back, the initial claim wait time was over a year-2 years. Has anyone had an updates on remands? 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. Include your name, the VA file number for your appeal, and the reason youre withdrawing the appeal. HadIt.com Veteran to Veteran Changes Ownershi. For each issue youre appealing, they can decide to: I don't know what is being appealed. The https:// ensures that you're connecting to the official website and that any information you provide is encrypted and sent securely. Like mine, with an appeal date of 2010. The new process is said to have 3 NEW lanes to choose fromlanes A and B arent new. The VA is responsible for the loss of my right leg, above the knee. I am otherwise very healthy and have none of the diseases associated with amputation, such as vascular disease or diabetes. A judge will review your request, and youll receive a notice in the mail when the judge decides if the hearing can be rescheduled. After reading the above comments, I can truly say that life is short and the unnecessary time requirements in the VA appeals process will definitely make it shorter. You're up next. The real problem is the people and how they do their jobs within the system. THE VA CLAIMS PROCESS IS A FRAUD. I was in the Army for 5 years. Oriental home design Then when I logged into the VA.gov website to check on status I see as one of the disabilities claimed is Addison Disease??? I talk with them all the time too. 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. 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 thought all this out and as a good NCO at age 60 decided communication is the best road to follow. EIN 92-2360268, VA Disability Claims Community Forums - Hadit.com. I had to have an additional exam. Here are the steps to filing a BVA appeal: 1. Hi Kimberly, the options are well explained. If your hearing is less than 2 weeks away, youll need to file a motion explaining why you need to reschedule. Send your written request to the Board. Does this new appeals process help with this issue? 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. If the latter, then this blog tells how you can have it moved into the new AMA. A Board hearing is always optional. I have another issue pending from 2003 just remand by the cavc. 1 year on average or 3 years? Google searches can provide inform, Start Gardening This Summer and Reap the Rewards | Successful Harvesting for Beginners, Gardening is a rewarding experience that brings with it many benefits, from improved physical and mental health to the joy of harvesting fresh produce. Send your written request to the Board using the address or fax number listed below. I have suffered severe pain and because of the opioid crisis I just have to suffer. The review requirement will usually be removed by the 6th post. Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. I applied in Aug. 2015. I haven't either. I served in the USMC in good faith believing the BS which the USMC & the VA told me. You can post now and register later. After filing the appeal, your attorney has the option to request an oral argument. Find your type of decision review or appeal below to learn what your status means. You can see this by the VCAA notices and the Bryant discussions at hearings. They still denied my claim. Discover the Best Heirloom Tomato Varieties Comparable to Big Beef, Title: Discovering Heirloom Tomato Varieties Close to Big Beef Knowledgeable people who dont have time to read all posts may skip yours if your need isnt clear in the title. It took over 25 years before the VA admitted there was an agent orange issue for my husband. Because the VA didn't address my appeal or write nod. Did yours get to a judge yet? Obviously, VA is not as sympathetic as Doctors, but who should be the correct Judge? The judge will review the hearing and the other evidence in your appeal file before making a decision. Additionally, modern pennies are only 2.5% copper, so older pennies should be used instead for better results. It was explained some time ago that "certified" by the VARO should take 2 hours, but it can take more than 1 year. You still have the option to submit new evidence, as long as you send it to the Board within 90 days of withdrawing your hearing request. I was taking 60mg a day for control. Cookie Notice 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). No remand, hasn't got that far. 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. The DAV sent through a RAMP application and the answer was that I dont qualify for RAMP. I was told it should not stay at the RO for more than 30 days and it has been several MONTHS! 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. Youve just been rated 100% disabled by the Veterans Affairs. Mine is just for an effective date issue. This process does not take long. She spent less than 5 minutes doing exam of Total knee replacement, and severe back structure issues. There was new evidence that was submitted before that was NOT considered, and I again submitted even more NEW and supporting evidence this time. Record the examination with the consent of all individuals and there is an indisputable record on hand if any dispute arises. DOES THIS END After not hearing any thing after 2 months, I called in and asked for assistance in finding out if there was a problem, and if there was, how to work on it. I had 4 knee revisions in 6 months time.