He past Dec 23 2011.. Dont die. Hello.. So far as of today I have been waiting about 476 day. Now two years later my appeal sits.. And why is it that so many of the people who do the C&P evaluations have no military experience at all? I originally had a 60% rating, and went to my VSO and told him that I felt that it should be higher. Grossly incompetent regional office. February 12, 2016 at 11:02 am. February 13, 2016 at 8:59 pm. Filing an NOD and waiting for a BVA hearing is now at 6 years. I filed an appeal in December of 2010, it is now at the BOV. Without the military records, it wouldn’t do anything to include not taking into account my TMJ Specialist I’ve been seeing for 5 years. William R. Crowell   Why Hire CCK for Your VA Disability Appeal? My appeal, IS STILL PENDING. The VA has had all the Medical Information since August 2015, I don’t understand why it is taking so long for some form of decision when the VA has everything needed? So far I’ve received the “We have received your claim, but you are at the end of our list…” forms from Minnesota, Wisconsin, and about six from Idaho, where the claims and appeal originated. Fernando   And I still have no idea if my appeals have moved from the bottom of the too-hard basket. THE GOOD ONES WORK WITH VA DAILY AND KNOWN BY THEM BY NAME. ELPATO   February 17, 2016 at 3:35 pm. On my second claim i included the 4 items that the VA advised me to claim and they had the nerve to say they are not service connected. February 13, 2016 at 7:30 pm. Never did nor was I ever notified. Fernando, Michael Stesen   Don’t be afraid. They lived all their lives with my disability and picked up the lack in my care and their own care. I’m Gonna Cut Your Ears Off, The Orange turn, Dillinger’s Deception, and Stay On the Blue Grass. Dale Todd   When the Board of Veterans’ Appeals, also known as the Board or the BVA, makes a decision on your appeal, they can grant, deny, or remand your claim. Contacting us does not create an attorney-client relationship. Then it will be a couple more years before the RO issues another finding. I would like just one person from the VA to explain to me, or convince me that the VA really does give a (redacted) about my claim, about this process, about if the ruling on my claim and appeal is in my favor. Something has to be done, and it has to be done in a timely manner in the favor of so many deserving veterans for their service compensations. As a result I developed neuropthy within a week and has only gotten worse. Maria Brosious   I stay in the high desert. But the longer I wait, the more I am convinced that they are just waiting until I die and then they won’t have to pay anything. So i told him thanks for nothing I’m going to appeal anyway, Gale petty   THE VA APPEALS BACKLOG. I am a retired Clinical Nurse Speicalist and retired from the VA inCleveland. Editor’s note: Portions of this comment were redacted by the Vantage Point staff per VA’s social media policy. I can not understand why the appeals process takes so long. If you have more questions, please comment below. Unless you can can provide the CONGRESSIONAL FEDERAL REGULATION that supports your comment, I would recommend you STOP posting incorrect and misguided information. Jimmie D. Grimes   It shows how combined ratings are calculated. If it were easy, everyone would make a claim. Learn About CCK's Partnership with DAV and Harvard Law School, - Learn About CCK's Partnership with DAV and Harvard Law School. So on the one hand, the VA recognizes his claim as valid; on the other hand, “we” are still in the waiting game. I only received the letter from BVA, but it also said they sent my decision back to the RO or Appeals Management Center to process the award. Copyright © 2021 Chisholm Chisholm & Kilpatrick LTD.All Rights Reserved. But at least it will noted in your service connected claims. Look carefully at the rating decision. Can’t drive, seizure on street walking, fall from ladder, real hard to get a job with slow memory and falling down or no more pills to add, they said and of ways to try to stop seizures. Only a spouse (might) get the benefits. In my previous post, I wrote about the difference between a claim and an appeal. VA says all paper work is in order and correct. They have never represented me. CLOSE CLAIMS BASED ON LACK OF INFORMATION AFTER YOU HAVE PERSONALLY HAND DELIVERED 200 pages to the office. Can you help with a civil matter concerning a Veteran such as myself? Since open heart surgery twenty years ago my ability to learn has been non exist ant. I don’t trust the VA. I moved to another VSO office when I filed the appeal. VA DOES ALLOW DISABLED VETERANS EASY TO GET LOW COST EXCELLENT MEDICAL VA Backlog. So… if you thing that after the BVA finally grants your claims, you are going to be compensated, get back in the long line. Crime doesn’t pay…. I won 70% after 10 years of trying I got the rating for personalality D/O severe depression disorder answer anxiety disorder I have not worked for 3 years should I try for a higher rating. Just a suggestion. Is it just me? February 13, 2016 at 10:45 am, iwent to va for first time last year and my primary dr told me he thought i had ptsd and depression,so i was then sent to a psycholists who agreeed,then sen sent to psychaist who agree also and put me on medication,i have been treated at va clinc for 10 months ,and thestressors that cause my isssue happen while i was in service but the va turn my my claim even tho i have 5 va drs telling me that my stessors that happen to me while i was in service, Terry Blue   My head fell out of the bracket during the surgery, had over 40 staples put in my skull, and the VA took over $11,000.00 from a law suit that I won. It took a year and she was approved and payments started to her, 24 payments. Each new SSOC can add up to 400 days to the appeal, so my best advice is, submit all available evidence to support your appeal when you file your NOD. However, “they have been/are working on it since 2014 with no idea when review may be finalized.”. February 11, 2016 at 10:05 am. The Dr believed it was contracted while I was in Iraq inhaling all that “sh*t” they burn along with the fumes from a burning Vehicle we were in that got hit. In the meantime, my anxiety and stress continue to wreak havoc in new ways. I live 52 miles, door-to-door to Bay Pines Hospital. As of July 29, 2019, remands from the BVA that had been sent back to the agency of original jurisdiction (i.e., typically the RO) for further development have been pending for almost 2,500 days since the filing of the initial NOD; furthermore, remands that have been pending since the filing of the initial NOD which are now back at the BVA for review have an even longer wait time. It took two trips to BVA first to get the percentage correct the second to get the correct effective date. February 16, 2016 at 4:06 pm. Unfortunately, an appeal remanded (from the Board to VBA) at least once in FY2015 took an average of 6 years to reach a final resolution. THe problem I have at this short notice is as follow: My attorney already has prior commitments to a Social Security Hearing in Mount Pleasant at 2 p.m. same day; one that has already been postponed before. February 11, 2016 at 6:08 pm. February 12, 2016 at 5:36 pm. Make sure you file your NOD on time: your right to appeal ends a year from the date of VA’s decision. Dominique Joseph   The average turnaround time is 284 days. After years of fighting, I have just been notified of my hearing in a letter from the regional office dated 9 Feb 2016. You have 60 days from the date the SOC is mailed to you to file a VA Form 9, Appeal to the Board of Veterans’ Appeals, if you wish to continue your appeal to the Board. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. I file my claim in April 2002. Now that they disagree with the decision they have to wait another year for an appeal. I was homeless for two months, and had to act up before I received any help. dee smith   February 14, 2016 at 10:23 pm. Further, the VA screwed up my original claim and now I had to file all over again. Why isn’t it documented in this blog? Furthermore, the VA has the ability to INFER and grant medical conditions that would have been found as you said in your medical report, and that were service related. I have always been ashamed of being a vet. February 13, 2016 at 10:00 am. At least once. The evidence docket allows you to submit additional evidence. The copy that should have went to my attorney was set to the American Legion. You can find the status of your appeal … We need the help NOW and many of us will die before getting a decision. February 10, 2016 at 3:36 pm, If you appeal the effective date of your award, and ask for a review/appeal, can they change their decision? Let me explain: I came here from South Texas where, if a service was not readily available for a veteran, a voucher was issued & the veteran could go to “ANY” doctor of his/her choice. In August of 2017, the Appeals Modernization Act (AMA) was signed into law. Burn Pits: The Agent Orange for Post-9/11 Veterans, “Other related factors” must be considered in extraschedular analysis. February 13, 2016 at 10:09 am. 35 years later still seizing. United States Department of Veterans Affairs Regional Office, Montgomery, AL Montgomery Regional Office Home Apply for and manage the VA benefits and services you’ve earned … February 14, 2016 at 12:42 pm, He may be getting non-service pension mixed up with service-connected compensation which isn’t much, Michael Frost   I never received one penny from them! You need to stop providing FALSE information to Veterans. The VA used this excuse to close my case. I would be more than willing to sign my name for a class action lawsuit. Keep those receipts in a safe. February 12, 2016 at 2:58 pm. It is a long road we Vets must travel for justice. Albert M. Anderer   Dr. Arthur Klirk: Charles Reaves   Thank you DAV and VARO San Diego! At a hearing, twenty pages of knee evidence sat in front of the Claims Examiner. You see, you have the right to go to any of the 58 REGIONAL OFFICES around the country. You have no clue of the structure of the VBA, therefore you have nothing that helps the Vetetans but irrelevant info and inaccurate. I think if the VA would start thinking simple, instead of making things complex, the veteran would benefit & the VA should save money & we all know that the VA needs to save money. This new system will be installed in all 56 of our regional offices … Had an appointment with one particular counselor for the “orientation”, and when I went to the office, he wasn’t in there that day, and I had to wait for someone else who took down all my information, and never got back with me AFTER many phone calls and messages left. Great information for Veterans to know, as many do not. Dominique Joseph   I recently received a letter from them about a hearing I requested in 2008. They should have a non bias Dr. to examine you. Similarly, the average number of days needed by the BVA to process claims in the AMA system has also gone up. Kenny Kaiser   Donna Locke   This information is not legal advice. I am going to put the hassle behind me and life, peace and joy in front of me and find something to enjoy. I would appreciate a response please. That’s The VA spin machine at its best trying to look like its a smooth, simple process but in reality it’s far from it. February 17, 2016 at 3:38 pm. Jennifer Perkins   I was given a combined rating of 10% after retirement in 1985 for a number of factors. I’m glad you never had a problem with your claims. Garrick Turner   Good luck to everyone. February 12, 2016 at 7:06 pm. Agency!! I also have a Remanded Appeal almost 6 yrs old now, for Shoulder Condition, and Un-employability , as well as a Cervical Issue the VA has now listed as Arthritis due to Trauma. Why do they have this in the claims process to begin with? Without knowing the specifics of your case, it’s possible that when the DRO reviewed the evidence of record he/she needed a current examination in order to make a decision. This is not expeditious treatment Congressman and Senators have done nothing to help. I will publish sometime the full story and follow up paperwork. My claim was from January 2006. Yes the system is as broken as Washington, D.C. itself. I sent in more medical evidence about a disformation in the same knee and filed an appeal. Took until 2015 for a doctor that had enough sense to say they were seizures. I have a primary autoimmune disease and other diseases linked with Gulf War Illness, am now on SSDI. I have never lived there nor do I know where it is. This is a shameful way to thank us for our service. Richard L.   John Given   If it was decided as you say it was, did you get the documentation that shows you the decision and if you were granted? If you are already service connected at a certain percent and are awarded an increase you may not get an increase in compensation. February 12, 2016 at 12:43 pm. The appeals process is a joke. I tried E-Benefits and that was a joke. February 12, 2016 at 1:35 pm, I have been waiting for a decision for almost 5 years. I’ll probably be dead by the time that claim is resolved. My designated representative is DAV. February 13, 2016 at 8:25 am. js03   Section F – Requests for Reconsideration – Updated 7/15/15. Why and how is this possible? He’ll try to crack the code of government employee process but he said “the doctors are great but the administrators stink”…I agree wholeheartedly. Aledia Marie Johnson   Fernando   February 12, 2016 at 7:51 pm. This reduction was possible due to our 56 regional … The numerical count of my service connected is 140% and I am paid “DUE to regulations” is 80#” that is why I am going strait to my senator with the next denial. I asked because my BVA decision was completed in Dec 2015 from an appeal which the entire process started in 2008, from claim, to appeal, to BVA. If you requested a hearing, your appeal will be moved to the appropriate hearing queue based on which type you requested: video conference, in-person, or travel. YELONDA STEINHISER   Have tried, unsuccessfully, to get an American Legion rep at tge Regional Office, to set up an appointment for advocacy. He risk his life for his country and gets no respect?? February 12, 2016 at 12:58 pm. Furthermore, as to case summaries, reports of past results, individual lawyer biographies, news posts and other information pertaining to past and present cases, these descriptions are meant only to provide information to the public about the activities and experience of our law firm. I know you guys are doing the best you can…, Michelle Turner   Any time you submit more evidence after the SOC or before the Form 9, VBA must conduct another review of the case and issue another SOC – this one called a supplemental statement of the case (SSOC) that includes the additional evidence – or a rating decision, if the additional evidence allows VBA to grant the appeal. KEEP FIGHTING! But in the meantime, I am happy to answer questions about the RO appeals process in the comments section. I truly think they are waiting for me to die and that will be one appeal finished. , Dominique Joseph   If you were to submit medical records that are current and medical opinions from your doctors or medical notes that you have the conditions you say you do, it makes it much easier for the VA and much faster to make a decision. In 2013 I was given a 10% rating connection w/ a torn labrum-shoulder. Here’s a great blog by my colleague Dominique about the program http://www.blogs.va.gov/VAntage/17608/individual-unemployability-understanding-basics/. VA is dysfunctional organization! Proof of anything human is about what one does NEVER what they say! I filed my NOD and was received by the Regional Office in Dec 2013. Is this a good thing or a bad thing? If you have not yet been rated for service connection or are not currently rated as 30% disabled you will not receive the dependency benefit. We Need to Rebuild the Appeal Process. February 12, 2016 at 1:37 pm. February 12, 2016 at 1:55 pm. Meanwhile, shortly after my husband’s death I started receiving DIC because my husband died from causes for which he was seeking restitution. been waiting on a decision on my appeal since 2008. theodore s fulsom   February 22, 2016 at 4:50 pm. Please be on the lookout for a response here or directly from them in the coming days. Have a nice day. February 17, 2016 at 2:50 pm. He has yet to take any kind of action that is worth any thing. frank enfinger   js03   For the purpose of this topic, a request for reconsideration is a request from a claimant for the Department of Veterans Affairs (VA) to reconsider one of its decisions that has not yet become final (the one-year appeal period, which begins on the date the claimant was notified of the decision at issue, has not yet expired). You can submit supporting evidence at any point. you are wasting your time with a va appeal, first thing they do is send you to a va doctor that works for the rating board ,mine was a real asshole who told me i did not get raped in the the army that [redacted]. I That’s what the VA does is wear you down till you can not fight anymore. 10-03166-75, May 30, 2012), concluded that opportunities existed for Veterans Benefitsthe Administration (VBA) to improve timeliness in processing appeals. Click on the "View Status" … The VA had to of giving a reason on your denial. The top of VA does not care how we are treated at the regional office. February 12, 2016 at 9:11 pm, Furthermore, you obviously doesn’t understand what is included in a VA award letter. If you choose the third option, you must submit a Decision Review Request: Board Appeal, also called a Notice of Disagreement (NOD); this is a formal statement informing the Department of Veterans Affairs (VA) that you disagree with the decision issued on your disability claim. get to my file on time or take copies with me? When I went to the VA orthopedist, he didn’t even look at the MRI I had done. After grants came denials, then grants with remand (in the case of AMA appeals). And every time you call you get the same standard bs about thank you for your service, we are currently backlogged and your claim will be processed as quickly as possible. Is this the same appeal process if the Veteran has filed an NOD regarding an apportionment? I am not sure but maybe changing regional offices may help? As veterans we’ve experience some things that most ordinary Americans could not begin to imagine. That is still local, unless there is a different RO that is closest to you, then that would be local. February 12, 2016 at 9:17 pm, I received notice from the bva that they have reached a decision on my appeals.