your appeal is waiting to be sent to a judge

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. This was right after Nurse Maude DeVictor brought to attention of physical problems Vietnam vets were experiencing. No remand, hasn't got that far. We sacrificed our bodies for this country, and we have to struggle for 10 damn percent! Federal government websites often end in .gov or .mil. Oddly enough, she even went as far as telling me straight out that I should NOT expect any increase in my claim/disability! The Pullers-Chesty and Lewis (USMC) The Board will make a decision A Veterans Law Judge will review all of the available evidence and write a decision. Your first posts on the board may be delayed before they appear as they are reviewed. How can that problem be solved? I dont have much longer in this world and my wife will not be able to get a thing once Im dead.. Hi John, do you currently have a pending appeal of a compensation claim? I can even remember two instances where I was sprayed, once in my face, where the cancer is located. I also have a dependency claim for my son in college and travel back pay reimbursement. DOES THIS END Years ago I suffered with swelling of joints and giant hives whenever I did manual work at home and on the job. The results, Traces of scar tissue identified as the so called Agent Orange. Next came a Rheumatologist, he thought it might be Lupus. I had to give up on my career/education for numerous years and then my employment for over a year to care for him. Get VA Form 10182 to downloadLearn more about requesting a Board Appeal. Not service related Took a year for that to even get approved! Use the address or fax number listed below. Tissue was extracted and the results were positive. This was over a year after I appealed. I filed several times with a DA Forms 3947 and 199 Clearly showing my disabilities. I have to wear coveralls due to how pronounced my condition is today! Your appeal is at the Board of Veterans Appeals, waiting to be sent to a Veterans Law Judge. Im too tired and weary to start another claim or appeal process. I talk with them all the time too. AMA fixes some of the procedural red tape. Here are the steps to filing a BVA appeal: 1. The judge will review all the evidence and make a decision or remand it. WARTAC trains separating service members to become VA Veteran Service Representatives (VSR) or rating Veteran Service Representatives (RVSR) with the Veterans Benefits Administration (VBA). I was taking 60mg a day for control. When will this torment end?! BROVET 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). Hello Don, 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 you fill out the Decision Review Request: Board Appeal (VA Form 10182), select block 11c, Hearing with a Veterans Law Judge." One popular hybrid tomato is the Big Beef variety, known for its productivity, disease tolerance, and adaptability. Olivia said . Semper Fi. How can there be no medical records for 5 years? o much for a new improved system to process claims. Does this new appeals process help with this issue? So, in all, youve received at least two decisions since your claim was completed. 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. I dont wish this system on anybody least the government I defended??? Did you call DAV, or VA? Judges made her decision (she agreed with me) in October 7 2020. 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. Any advice would be greatly appreciated. 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. This claim must be afforded expeditious treatment. Ty, what you explained is exactly some of the reasons why weve said the legacy appeals process is broken. They saw me the first time in 2003. Ive waited my turn. Yes. Congress complained and VA hired a bunch of new claims people. "jump through the hoops" means you timely filed a NOD, or got VA to reopen, and when denied again, you appealed timely again. 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. THERE BE? Yes, it will cost you a portion of your claim, but 100% of nothing is ZERO, ..NOTHING. the failure of the Maginot Line (WWII) My husband died at the young age of 52 at the VA nursing home in Pittsburgh. At this point, I would not wish the VA on anyone and thats sad. So glad that Senator is no longer in office. Veterans are assigned 0%, 30%, 50% and 100% ratings for sleep apnea, depending on the severity of their condition. 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? With the right planning and dedication, anyone can have a successful garden this summer. You must demonstrate that your active military service is what caused or aggravated the diagnosed condition. 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. We advise Vets to check the status of their claims and appeals on eBenefits or VA.gov. IT OR IS THERE AN ADDITIONAL PROCESS AT THE REGIONAL OFFICEAND IF SO WHAT FURTHER DELAYS WILL Got denied for eye issues, ringing in my ears, and not sure what else at that point. the VA writes lots about their new moderization act yet, I hear their mouths moving and their actions dont match!!! So they must approve some in a few days to have an average of 36 days. Your appeal is at the Board of Veterans' Appeals, waiting to be sent to a Veterans Law Judge. Most veterans wait at least a year. To call my representative (I mean to get ahold of him), when he finally calls back. It was kicked back from the Veterans Appeal Judge to the RO to do some more work. SYSTEM BEFORE A JUDGE VIA VIDEO-HOW MUCH TIME DOES THE FURTHER REVIEW TAKE? The BVA timeline depends on several factors based on your appeal approach. It can take anywhere from three weeks to three months or more. I will find the BVA ombudsman's email addy and post it here. I thought all this out and as a good NCO at age 60 decided communication is the best road to follow. Clear editor. It seems to be Texas Judges and Regional Office moving slow. Send your written request to the Board. So about three months later I received another e-mail/letter and phone call. Its sick that the VA utilizes non Board certified doctors to experiment, diagnose, and perform surgery on veterans. Record the examination with the consent of all individuals and there is an indisputable record on hand if any dispute arises. I had 4 knee revisions in 6 months time. Cant have two open pending at same time. I have multiple disabilities and am at 90%. A few years back, the initial claim wait time was over a year-2 years. The Veterans Crisis Line can help even if youre not enrolled in VA benefits or health care. 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. My wife had her case remanded from the US Court of Veterans Appeals back to the BVA stating BVA had errored in their decision. Knowledgeable people who dont have time to read all posts may skip yours if your need isnt clear in the title. The .gov means its official. An official website of the United States government. Still, Vietnam era veterans are not very important, and never have been from the day we returned home. !! For more information, please see our i had my appeal hearing with judge in aug of last year. They have always replied to me on many BVA issues but Covid has them probably on a limited work schedule. Yet VA always Denies me. 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. Donations to Hadit.com are tax-deductible. 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. Its sick when they hire those who can not be hired anywhere else. 5109B, 7112 My Ebenefits update and said the same thing however I did not have the hearing. 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%. Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Delay, Deny, and Hope You Die is the VA way of thinking. Hi Kimberly, the options are well explained. The .gov means its official. 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! After you've decided to file an appeal directly to the Board of Veterans' Appeals, you must choose which of the three docket options to file. My case was screwed up so badly I had to hire a lawyer to take over. I had to have an additional exam. Your appeal is at the Board of Veterans' Appeals, waiting to be sent to a Veterans Law Judge. These federal employees are instrumental in delivering earned benefits to Veterans. bva appeal says waiting for judge to be assigned - Appealing Your So guess what, they Appeal waiting time skyrockets from less than a year to as much as 7 years. I cant be considered Service Connected because there are no medical records. Get more resources at VeteransCrisisLine.net. An Interview with a Board of Veterans Appeals Judge: Learn what's 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). or how can my case be expedited? Then in June of 2018 I got the RAMP request and sent it in. 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 problems with my neck and numbness radiating down my left arm. Q? 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. Still sitting at being reviewed by veteran's law judge ET. Note: Your post will require moderator approval before it will be visible. I really dont like hearing this from one Vet to another! You're up next. Stay together we are a team we do not need money seeking law firms to take what belongs to your children. About two weeks ago, I received a letter saying it had been docketed, but they are waiting for assignment. This process allows us to remove spam and other junk posts before hitting the board. /ekspdiSHs/ However, I now see that VA is still doing what it was originally chartered to do. In this case what do I do? So they got the initial claim wait time down, but at same time, these new, unqualified folks made some dumb mistakes. A revision is more involved than the knee replacement. 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. They agree I was exposed and in Nam, but it doesnt cover my cancer. Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. But they had zero experience, and they are not Medical folks reviewing the claims, but admin folks. That is where you can get an update on its current statusincluding whether it is in RAMP, or in the legacy process. Your status tells you where your claim is in the decision review or appeal process. Why Does My VA Appeal Take So Long? | Veterans Law Group Thank you. We want to keep the focus on VA Claims, and this helps us do that. Choose which type of docket you want to file. Q? 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. Youve received multiple decisions that dont clearly explain why VA made the decisions it made, nor what it means to you, and it has left you confused and angry. Should I refile? 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. The VA referred me and paid the bill but will not take responsibility. They tell me that BVA is taking about one year. Board of Veterans' Appeals Were not happy about it, and we know youre not happy about it. A huge thank you to all my brothers and sisters out there for their service and sacrifice! Apparently, VA is waiting until almost the end of our lives before they finally realize that maybe the Doctors were right. :). A judge will review your request, and youll receive a notice in the mail when the judge decides if the hearing can be rescheduled. 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 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. HOW can the VBA loose DIGITAL paperwork? 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. If not all BVA can do is to remand everything back to the VARO. They have the roster for those whom I lived with while in Vietnam. 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. 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. My appeal was awarded a month ago and that's the only appeal I have. Girl, 11, gets surprise Britain's Got Talent audition invite from Include your name, the VA file number for your appeal, and the reason why you need a new hearing date. Then you would need to file an appeal after that. I did not have a hearing. It will let you know the date and time of the hearing and where its located. 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. I still havent recovered from the dings. Backpay $33 grand. My life has completely turned upside down. How can the VBA tout the The New Modernization Act so vigorously, yet leave behind 200,000 veterans? My question is how long can it remain like this ?? Its continuous, allowable torture/abuse for veterans and for their families. I have a PTSD case that was originally appealed in March 2012 and was remanded over a year ago. Hopefully, we get what we deserve. How do you approach Dave with a problem? That said, most of its features are porting to VA.gov, which Im sure youll find simpler to use. Have evidence of sleep apnea since 1954, but have been denied twice as insufficient, even with a NOD statement from my sleep Doctor. Vets often submit new claims for medical conditions that are pending in appeals, and we have to close/merge those. See comment above for rating criteria in the CFR.). I came in contact by pumping the solution into containers from 55 gallon drums. It was explained some time ago that "certified" by the VARO should take 2 hours, but it can take more than 1 year. Oh, thats right, sit on those claims til 2020 and MAKE them join the modernization act, since they didnt volunteer for RAMP. That is to insure the retied Soldier gets as little as possible for what is due. For 17 years, youve shuffled in and out of the broken appeals process with little information or choice. All updated paperwork has been submitted as per VA remand /appeal request. WHITE SNAKE, Led Zepplin, Bob Dylan, Sting, Al Green, Mozart, Classical guitar,Moog synthesizer, Eminem,Janis Joplin,

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