I don’t have much longer in this world and my wife will not be able to get a thing once I’m dead.. Jason Davis   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. June 6, 2019 at 6:25 pm, (having a medical condition is not enough, on its own, to be granted compensation. June 6, 2019 at 10:54 am. Arnold H Fuller   Hi John, do you currently have a pending appeal of a compensation claim? They have the roster for those whom I lived with while in Vietnam. Lastly, your doctor needs to provide a nexus confirming that your current medical diagnosis was more likely than not caused or aggravated by your active military service. So about three months later I received another e-mail/letter and phone call. I have no power to be treated fairly. Please I need an advice. June 6, 2019 at 10:56 am. That said, most of its features are porting to VA.gov, which I’m sure you’ll find simpler to use. Robert Leinberger   I filed several times with a DA Forms 3947 and 199 Clearly showing my disabilities. So I was seen by an Indian female doctor who spent 40 minutes inputting data into the computer prior to starting physical exam. Waiting for a Hearing to be Scheduled before an ALJ, Administrative Law Judge Individuals who have been A) denied on a disability application and B) denied on a request for reconsideration appeal have the option of filing a second appeal which is a request for a hearing that is decided by a federally appointed judge. My case was screwed up so badly I had to hire a lawyer to take over. That they were incurred while in Service, did not Exist prior to Service, were Permanently Aggregated by Service. The Board is currently reviewing appeals from December 2019 or older. Any injury or medical condition incurred or aggravated by active military service can be claimed for compensation. “an expeditious manner” Q? 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%. The site is secure. I lost my colon because the VA Hospital in Pittsburgh botched the surgery and they never even had an attending in the operating room.. Those are not part of the AMA’s current 36-day average. June 6, 2019 at 10:29 am, Hi Randall, the BVA lane is the most unchanged lane. How come a veteran is given days to respond, when the VBA takes YEARS to “Not respond”? 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. Its main job is to review decisions of immigration judges. Hi Kimberly, the options are well explained. But having been to BVA means that you first received a Statement of the Case, which is also a decision, before moving up to BVA. 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. “Not service related” Took a year for that to even get approved! The denials were because my skin caner did not show up within a year of my service with the Marines in 1969. Mine was dislocated in March 1987. Since when are they the decision makers on how the claim will shake out? Was that female Indian Doctor at the Syracuse VA by chance? 6 comments. Took close to another year to deny EVERYTHING, except increasing my shoulder another 20(Even though I’m only getting paid for 10 of that) then decided they would compensate giving me more money, by taking 10 AWAY from my damn knee! That is where you can get an update on its current status–including whether it is in RAMP, or in the legacy process. or how can my case be expedited? Not to be a potential bearer of bad news, but mine switched to that status 13 months ago and I'm still waiting for a hearing date. So glad that Senator is no longer in office. Fear is not an option. NOTHING THE VA DREAMS UP IS INTENDED TO HELP YOU SECURE YOUR CLAIM BENEFITS WITHIN A REASONABLE TIME. Vincent F. Mazzei   If you did include them, it also helps to submit a lay statement noting where, such as page X, paragraph Y, etc. An appeal is a request sent to a higher court (a court with more authority) asking it to review a lower court’s decision. If your claim was remanded to the RO for a rating and authorization activity, then the RO generally has 30 days after they receive the file and any additional evidence they may need on your claim, to make the rating decision, etc., before they have to return it to the BVA … The worse is I haven’t recovered from losing my husband in the way that I lost him. We advise Vets to check the status of their claims and appeals on eBenefits or VA.gov. Send your written request to the Board. This is administered by VBA, and the laws governing it are more than 80 years old. I told him, I want it done right, so what’s another 4 years. There are a far greater number of “He’s” out there getting screwed over by the VA, I talk with them all the time, than what there are females. Jason Davis   That letter only denied two disabilities and did not even mention the illegally closed appeal. After completing the required steps, the regional office will make a new decision that either continues the prior decision or grants your appeal. June 6, 2019 at 10:34 am. 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. Sat at PFD until they removed those "new" claims on Oct 25th. If you were injured then but not now, then you may not be eligible to be compensated. There was new evidence that was submitted before that was NOT considered, and I again submitted even more NEW and supporting evidence this time. 33 years I have been fighting the system 33 YEARS!! Can I appeal a decision made by the Board? Yet VA always Denies me. Many visits to the allergist with no conclusion or diagnosis. May 31, 2019 at 11:15 pm. There is NO WAY to overcome the I don’t 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. Poor paper record keeping should not be held against the Veterans. By the time they got back to me. I am continuously hearing the nightmare stories from other vets of either denials, bad medical treatment, no medical treatment, the waiting, and etc. I had three disabilities that had been sitting in the legacy appeal system for four years. A revision is more involved than the knee replacement. Q? You’ve received multiple decisions that don’t clearly explain why VA made the decisions it made, nor what it means to you, and it has left you confused and angry. She was the same one who did my last C&P that got my claim denied the last time. This is with our new veterans as well. They definitely did not have my back and since my discharge in 1970, I felt left behind. I had a similar experience with a female Indian Doctor. The Board will ask if you’d like a copy of the transcript for your personal records. This is all very sad that we are treated like this. Yes, it will cost you a portion of your claim, but 100% of nothing is ZERO, ..NOTHING. I have multiple disabilities and am at 90%. Find a VA regional office near you. I talk with them all the time too. But they had zero experience, and they are not Medical folks reviewing the claims, but admin folks. 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; Your appeal is at the Board of Veterans’ Appeals, waiting to be sent to a Veterans Law Judge. It was only a few months before he died they finally gave him 100%. That being said it appears the two computer systems are no processing or updating the information. Then people wonder why veteran suicide rates are so damn high! Your appeal is waiting to be sent to a judge. Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. Multiple diagnosis between 1988 & 1992 of which none are Diabetes or Cancer other than skin cancer, VA says I was not exposed to Agent Orange. I told her during exam that I disagreed with one of her statements. Veterans are assigned 0%, 30%, 50% and 100% ratings for sleep apnea, depending on the severity of their condition. After I filed the RAMP, I was not seen or did I hear from VA until after the 120 day point. It took over 25 years before the VA admitted there was an agent orange issue for my husband. So now we have a new improved RAMP system and they aren’t doing what they said they would do. Many have been disrespectful. This date is important: under the law, the board must work appeals in docket order. I used to believe this until VA Proved me Wrong. He’s like ‘well now you’ll be waiting another 4 years to get this right. Hi Frank, a remand means that BVA couldn’t overturn a lower decision. Albert L Witherspoon   Regards, Jason Davis   They wanted me to see their doctor in 2015, I went , wasn’t a doctor, she was someone who worked for the doctor ( don’t know if she was even a nurse) . 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. May 30, 2019 at 3:07 am, I have been waiting 9 months on this so called quicker way and have heard nothing, Jason Davis   May 31, 2019 at 10:54 pm. SO many questions… I’m dealing with a two claims that are going into their tenth year. They agree I was exposed and in Nam, but it doesn’t cover my cancer. VA Disability. Are you referring to RAMP, which was active from late 2017 to February? Just wondering what this means “Your appeal is at the Board of Veterans’ Appeals, waiting to be sent to a Veterans Law Judge. So now I am back in same waiting period. Yes. Include your name, the VA file number for your appeal, and the reason why you need a new hearing date. June 1, 2019 at 7:57 am. o much for a new improved system to process claims. 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. The code that it listed was for a broken collar bone that hadn’t heal right, so it would be rated as 10%. May 30, 2019 at 10:10 am. Had my C&P exams ordered by the judge completed and showing as uploaded in ebenefits on 9/22/2017. So I did and they say back then that average claim time is 120 days. Did you call DAV, or VA? Hello Don, If you didn’t include your military records as evidence with your claim, then VA will have a hard time connecting the injury to your service. I original filed a claim April 2002 and wasn’t seen until May 2003 (yes, 13 months. A Veterans Law Judge will begin work on your appeal when it’s among the oldest appeals ready for their review. Thanks. The results, Traces of scar tissue identified as the so called Agent Orange. 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? It’s why, for years, we’ve been wanting a newer, more modern process that doesn’t take years to get to a single decision point. May 31, 2019 at 10:14 pm. That, after all, was the primary purpose of the Federal Government in the first place: to defend the national borders and protect the states from foreign invasion….another thing they failed at. The chat representative was very helpful and immediately sent a notice to my regional office explaining their ‘ERROR” and asking to reinstate the closed appeal. How can that problem be solved? Your claim will be worked in date order relative to other claims of this type.” No apology. Stay together we are a team we do not need money seeking law firms to take what belongs to your children. If your hearing is less than 2 weeks away, you’ll need to … I can’t be considered Service Connected because there are no medical records. You most likely would need to make your appeal to the Board of Immigration Appeals (B.I.A.). To call my representative (I mean to get ahold of him), when he finally calls back. My claims have been denied because the lack of military medical records. By fax. On July 01, 2020 the status changed to “Your Appeal is Waiting to be Sent to the Judge.” Does anyone know how long the average wait is from this point? As an example of what the new system can do for you, let’s say that you got two decisions in 10 years in legacy. I faxed 5 pages of VA awards to 60% and a cover page saying in bold PLEASE HELP. I kept reading where “she” could do this and that. We both lost out on benefit monies for many years. You’re still in the legacy system, which is now closed to new appeals and which will someday be closed for good. Please make sure Dave receives this, and have him call me to answer other questions. How do you approach Dave with a problem? A huge thank you to all my brothers and sisters out there for their service and sacrifice! Obviously, VA is not as sympathetic as Doctors, but who should be the correct Judge? After appealing it at the local level it was written up to be sent to Washington D.C. (that was in 2010 and yet had a second surgery in 2011) So far my appeal has taken 9 years. June 6, 2019 at 10:30 am, 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.). Jason Davis   VBA remanded due to 3 out of 4 IMO’s missing from file, when all 4 were sent together. They’ve done a few xrays, but didn’t do a MRI until just 6 months ago. That’s 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. In this case what do I do? Q? I have heard a lot of problem stories over the years, and they are not all from the Tucson VA, it has been the same story from Veterans all over the US, that have moved here. 0%: If the veteran’s condition is Asymptomatic but has “documented sleep disorder breathing.” An asymptomatic condition is one that is diagnosed, but may not be producing symptoms. June 6, 2019 at 10:11 am. DOES THIS END Do you also have a current pending new claim for the same or similar medical condition? I finally went to my Congressman, who immediately sent an inquiry to the VA on my behalf. The medical exam is viewable so that everything is documented, If the veteran meets all required elements for claim approval, the rating official can make that determination on the spot or shortly thereafter, and then forward the claim for higher level review and approval. If you are approved for benefits, your file will be sent by the Office of Hearings Operations (OHO) to a payment processing center. Jason Davis   June 6, 2019 at 10:41 am. Current status. The appeals process is a system for Vets to formally file a disagreement with a decision VBA made on a Vet’s disability compensation claim. JB Submit your appeal form by mail, in person, or by fax. The site of injection of the needle was numbed, I was able to watch the needle puncture through my back and into my kidney. So I lost out in that way as it dinged my resume for better future employment and retirement as well as my social security. I’m not asking for favoritism, I’m not trying to jump a line, or lane, just asking for a decision. At this point, I would not wish the VA on anyone and that’s sad. Still, Vietnam era veterans are not very important, and never have been from the day we returned home. USN/USMC, John Cultrera   My husband died at the young age of 52 at the VA nursing home in Pittsburgh. They say the effective date was dated for Feb. 2016 (that’s the date that the first appeal came back from Washington D.C,) They can use a lot of dates, but Feb. 2016 wouldn’t be one of them. Or so I have heard. done with speed and efficiency. How can the VBA tout the “The New Modernization Act” so vigorously, yet leave behind 200,000 veterans? So guess what, they Appeal waiting time skyrockets from less than a year to as much as 7 years. You must demonstrate that your active military service is what caused or aggravated the diagnosed condition. A decision will not be rendered immediately after the hearing. The video above touts the virtues of the new process, and explains two new ways for you to opt in. “the expeditious processing of his VBA remand” Gary L Portier   § 4.97, Code 6847 as Sleep Apnea Syndromes (Obstructive, Central, Mixed). Not to mention the civilian life is for the birds as is the job market.. Calvin Harding Winchell   I am otherwise very healthy and have none of the diseases associated with amputation, such as vascular disease or diabetes. Jason Davis   The Board provides a list of tasks that it wants the Regional Office (as well as you and your attorney) to do before the Regional Office issues a new decision. 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. Your browser is out of date. In person. June 6, 2019 at 10:52 am. I have suffered severe pain and because of the opioid crisis I just have to suffer. Decision soon Your appeal will soon receive a Board decision. I thought they were only supposed to do an exam, ask a few pertinent questions and send you on your way. We sacrificed our bodies for this country, and we have to struggle for 10 damn percent! Basically back to the end of the line. Veterans have been experiencing long wait times for VA claims process for quite some time. While my claim languishes awaiting remand action, I am not receiving an SSOC and therefore this AMA doesn’t apply to me. This, in my opinion, undermines the reason lanes A and B are in place. There is not real way to judge your wait time. I still haven’t recovered from the dings. When an appeal reaches the BVA, an administrative judge will review the VA’s decision for errors. The new AMA remedies all of that. Jason Davis   Once your claim is filed it is sent to your Regional Office for review. 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? I hurt my back during Air Assault School while stationed in Ft. Campbell in 1988. Hi John, having a medical condition is not enough, on its own, to be granted compensation. My initial rating was 30, which was 10 for my shoulder (Which I had surgery on WHILE active, and they never fixed anything just removed scar tissue) and 20 for my left knee. 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? 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.

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