Yes. ET. Question A. I was previously denied for apnea Should I refile a claim? Should I refile? JB 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. Q? 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? 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 . The average wait time it takes to get a decision is eight weeks. Donations to Hadit.com are tax-deductible. Apparently, VA is waiting until almost the end of our lives before they finally realize that maybe the Doctors were right. Hi Ted, sorry to hear. Q? Decision soon Your appeal will soon receive a Board decision. Semper Fi. That is where you can get an update on its current statusincluding whether it is in RAMP, or in the legacy process. The VA referred me and paid the bill but will not take responsibility. Also she would not tell me her name or facility that she was located at.) 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. I filled my Form 9 February 2019. If you did include them, it also helps to submit a lay statement noting where, such as page X, paragraph Y, etc. But they had also looked within VA back in 2017 for same records. How can that problem be solved? Unfortunately, the website appears to be down and it is unclear if this is temporary or permanent. This process does not take long. So now we have a new improved RAMP system and they arent doing what they said they would do. Yes, you can bring new and relevant evidence to your hearing to share with the judge. So I can have an idea where they are at reviewing cases. So I did and they say back then that average claim time is 120 days. My regional representative with the VFW has been worthless. I finally went to my Congressman, who immediately sent an inquiry to the VA on my behalf. All youve done is taken the so called Legacy Appeals Process and added lane C which allows claimants to appeal directly to BVA. If not all BVA can do is to remand everything back to the VARO. The DAV sent through a RAMP application and the answer was that I dont qualify for RAMP. 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. Advice given is in no way a substitute for consulting with a competent Veterans law firm, such as one on the NOVA advocate website !! Your appeal is waiting to be sent to a judge, Mathematics, climate change, VA rules & regulations, Family, fishing, movies, video games, gardening, hot rods, computer programming, electronics, music, Copyright 2023 | Hadit.com | Hadit.com is exempt from federal income tax under Internal Revenue Code Section 501(c)(3). Your appeal is being reviewed to either be granted or rejected. Hi Randall, the BVA lane is the most unchanged lane. My question is how long can it remain like this ?? That they were incurred while in Service, did not Exist prior to Service, were Permanently Aggregated by Service. The National Caner Society told me cancer cells can stay dormat for years and years before becoming active. The new and improved appeals process allows us to do all of this with less red tape (antiquated laws), and to actually work with Vets in some instances in getting them to a favorable decision. Hopefully, we get what we deserve. If a hearing was requested, one must be provided. 5109B, 7112 My only request to Dave is to run this properly, or move on. I have been denied because I was seen by someone other than the VA. This was right after Nurse Maude DeVictor brought to attention of physical problems Vietnam vets were experiencing. have hearing loss, VA plans, budget, finances, and performance. BROVET The site is secure. What your decision review or appeal status means Your status tells you where your claim is in the decision review or appeal process. Still, Vietnam era veterans are not very important, and never have been from the day we returned home. I hope this journey is over, My appeal changed to the same status today. Instead its just one of the appeals I have in process. A Board hearing is always optional. Just wondering if anyone has any idea how long an appeal can stay in " Your appeal is waiting to be sent to a judge" status. Your representative, if you have one, may help you at the hearing. Find a VA regional office near you By fax (2012). tious The hearing will be transcribed and added to your appeal file. In the world of tomatoes, there are countless varieties that offer unique flavors, textures, and growth habits. Surely there input DOES have significant impact on ones claims. The new process is said to have 3 NEW lanes to choose fromlanes A and B arent new. If you were injured then but not now, then you may not be eligible to be compensated. Your appeal will soon receive a Board decision. Those are not part of the AMAs current 36-day average. There are a far greater number of Hes out there getting screwed over by the VA, I talk with them all the time, than what there are females. Well, first, you have to get into the new system. The Board of Veterans Appeals schedules hearings in docket order (the order in which they receive requests). So being told Im 41,000 in line with average wait time over 3 years is expeditious? I have received amazingly great medical care from the VA over the last 15 years, but the disability claims process they are bragging about today is a total disaster, and they keep lying to the public and to Congress on how good it is. Question is how long does it take. :). Our appeal was filed 2/20 and its still pending judge review. The new AMA remedies all of that. Powered by Invision Community. Oriental home design Does anyone have any idea ??? Before sharing sensitive information, make sure you're on a federal government site. An official website of the United States government. Clear editor. The aim of Congress is to deter you from receiving your benefits, while they bask in the bales of money from private interests. BEING OVER THE AGE OF 75 I WAS LUCKY TO HAVE A HEARING IN 12/2018. 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. Then when I logged into the VA.gov website to check on status I see as one of the disabilities claimed is Addison Disease??? anything at all regarding Vietnam Hi Ben, did you include your military records WITH your claim? 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. Check your VA claim status Supplemental Claim status Higher-Level Review status Board Appeal status Legacy appeal status Choosing the Right Variety I original filed a claim April 2002 and wasnt seen until May 2003 (yes, 13 months. 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. Include your name, the VA file number for your appeal, and the reason why you need a new hearing date. He says well this is what youve been waiting for. Whatever evidence I presented was pooh-poohed and then those reading my claims, compared me to themselves and others who happen to succeed in life without any problems. 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. 101st ABN 2 times in Vietnam. I had joined the class action lawsuit concerning Agent Orange exposure. You can also call your hearing office to ask about the status of your particular case. I still havent recovered from the dings. I thought all this out and as a good NCO at age 60 decided communication is the best road to follow. A Veterans Law Judgewill review all of the available evidence and write a decision. I told him about previous exam and he said I was the forth person he had seen in last 30 days with same problem with Indian Doctor. 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? At this point, I would not wish the VA on anyone and thats sad. May I ask when you filed your VA form 9? THERE BE? You wont lose your place in line. And now youre stuck. What does your eBenefits status tracker say? So, in all, youve received at least two decisions since your claim was completed. They definitely did not have my back and since my discharge in 1970, I felt left behind. I did a lot of research and was under the impression that if the evidence was SO compelling and it was at a 50/50 status WE the veteran were supposed to be granted the benefit of the doubt and GRANTED OUR APPEAL and given the benefits we have earned. ", My case is currently with a veterans law judge. I have multiple disabilities and am at 90%. To call my representative (I mean to get ahold of him), when he finally calls back. 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. Knowledgeable people who dont have time to read all posts may skip yours if your need isnt clear in the title. Under 38 U.S.C. You arent required to have a hearing. 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. Its sick that the VA utilizes non Board certified doctors to experiment, diagnose, and perform surgery on veterans. In the new process, all things being equal, you could have received a decision in five weeks, disagreed with it, moved to a second lane, received another decision in a few more weeks. Find your type of decision review or appeal below to learn what your status means. 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 . I will find the BVA ombudsman's email addy and post it here. The Board will make a decision A Veterans Law Judge will review all of the available evidence and write a decision. Clear editor. Tissue was extracted and the results were positive. Your first posts on the board may be delayed before they appear as they are reviewed. This process allows us to remove spam and other junk posts before hitting the board. Q? Obviously, VA is not as sympathetic as Doctors, but who should be the correct Judge? I say his again to our children. You must demonstrate that your active military service is what caused or aggravated the diagnosed condition. Then, youll also want to include a current medical diagnosis from your VA or private doctor. Well, the VA moved two of my appeals into the RAMP, but illegally closed the most significant one with no decision and no notice to me. Legacy makes it worse. Your letter sounded VERY familiar! 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. So about three months later I received another e-mail/letter and phone call. 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. Scan this QR code to download the app now. I came in contact by pumping the solution into containers from 55 gallon drums. Hendrix,etc etc etc It has been over 30 days since the second exam and still no updates. Veterans stuck in the old, legacy appeals process now have two new paths to transfer their appeals into the AMA Decision Review Process. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. If the Vet has more or new evidence to strengthen their case, or would like assistance from VA, the SCL is the lane to take. Many of Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. An official website of theU.S. Department of Veterans Affairs, Looking for U.S. government information and services? I have been denied repeatedly. 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. Your representative must be a VA-accredited lawyer, claims agent, or someone from a Veterans Service Organization (VSO). I have another issue pending from 2003 just remand by the cavc. We want to keep the focus on VA Claims, and this helps us do that. You can mail or fax a written request to reschedule or withdraw your Board hearing. Two last things, I will not be afraid to send in additional claim evidence when my appeals are not finalized. The Veterans Crisis Line can help even if youre not enrolled in VA benefits or health care. I just had the third surgery earlier this week after the VA farmed me out to a community doctor. 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. AMA fixes some of the procedural red tape. Submitting new evidence at this time could delay review of your appeal. 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. They agree I was exposed and in Nam, but it doesnt cover my cancer. Your appeal is at the Board of Veterans' Appeals, waiting to be sent to a Veterans Law Judge. 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. Ive lost everything, including my quality of life. I had to have an additional exam. Deny:The judge agrees with the original decision. Decision soon Your appeal will soon receive a Board decision. Use paragraphs instead of one massive, rambling introduction or story. im not back at the docet myself for misapplied EEFso another 2 years and i might officially be done with this mess. 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. They have the roster for those whom I lived with while in Vietnam. i got a decision back in Novemberjust for some perspective. 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. if that gives you any timeline, Did yours get finalized? My husband takes to many pain killers Tramadol, neurontin, methocarbamol and also lorazepam. Reddit and its partners use cookies and similar technologies to provide you with a better experience. They tell me that BVA is taking about one year. After the excitement of finally having the rating you deserve wears off, you start asking questions. The VA dosent follow their own rules about settling claims. Pasted as rich text. This isnt the first time I have had problems with the VA. I applaud the VA for trying to expedite cases but cant help feeling that this adds another level of confusion to an already confusing process. So glad that Senator is no longer in office. When the new appeals modernization act was introduced I had a District Office Trial De Nova hearing scheduled in San Diego I attended that hearing on January 8th 2019 and the hearing officer was as clueless and ill informed as one could be? Fought for an increase, which took about 3-6 months for 10 more on my knee. The standards setting and IP regimes in Russia are open to some manipulation, as evidenced by last y, Discover Tomato Varieties: While Galactic Magic Seeds is No Longer Available, There's Still Plenty of Variety for Your Garden, Galactic Magic Seeds was a website that offered tomato seeds from various breeders, including Rebel Starfighter Prime. Then people wonder why veteran suicide rates are so damn high! I told him, I want it done right, so whats another 4 years. Oh, thats right, sit on those claims til 2020 and MAKE them join the modernization act, since they didnt volunteer for RAMP. I am otherwise very healthy and have none of the diseases associated with amputation, such as vascular disease or diabetes. Initially, VA estimated veterans could wait from 3-5 years for a hearing under AMA. The appeal was filed in 2010, but it would not be 2016. After I filed the RAMP, I was not seen or did I hear from VA until after the 120 day point. 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. IT OR IS THERE AN ADDITIONAL PROCESS AT THE REGIONAL OFFICEAND IF SO WHAT FURTHER DELAYS WILL I had 4 knee revisions in 6 months time. 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. Board of Veterans Appeals You cannot paste images directly. The https:// ensures that you're connecting to the official website and that any information you provide is encrypted and sent securely. German Commander (WWI)lectured to the US Army after the war on warfare-- PTSD - tactics etc-and Leadership synonyms: speedy, swift, quick, rapid, fast; prompt, punctual, immediate, instant, sudden; high-speed, fast-track, whistle-stop, lightning, meteoric, whirlwind; brisk, nimble; efficient, diligent; hasty, summary, abrupt; I had three disabilities that had been sitting in the legacy appeal system for four years. Ive waited 9 years now, so whats another 4. all the while I continue not be able to pay the VA copays that they keep sending for the illnesses they caused?? Currently, there is a small group of RAMP claims pending, and are being completed everyday. I honestly believe that might be a significant understatement. Your appeal is at the Board of Veterans' Appeals, waiting to be sent to a Veterans Law Judge. 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) . These federal employees are instrumental in delivering earned benefits to Veterans. 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. I too, believe they wait us out to see if we die first. Paste as plain text instead, Today, I can not stand to walk into another VA facility. You can request a video conference hearing if you want to provide testimony to a judge about your appeal. How can I get help? 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. If you have a POA, and the RO awarded the same conditions as noted in your BVA appeal-. Please read the dictionary meaning posted above and get back with me. Its continuous, allowable torture/abuse for veterans and for their families. We sacrificed our bodies for this country, and we have to struggle for 10 damn percent!
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