your appeal is waiting to be sent to a judge

The Statement of the Case explain the reason why they couldn't fully grant your appeal. AMA fixes some of the procedural red tape. A healthy financial future isnt only about how much money you make, but how you manage it. It is a secondary service connected lumbar back pain? USN/USMC. My appeal changed to the same status today. If you have an account, sign in now to post with your account. That doesnt make sense. So now we have a new improved RAMP system and they arent doing what they said they would do. I was a guinea pig for some Drs. I came in contact by pumping the solution into containers from 55 gallon drums. German Commander (WWI)lectured to the US Army after the war on warfare-- PTSD - tactics etc-and Leadership Thanks. While my claim languishes awaiting remand action, I am not receiving an SSOC and therefore this AMA doesnt apply to me. Im wondering what process is available for Veterans who have been told that their records cant be found. NOTHING HAS CHANGED AND NOTHING WILL CHANGE UNLESS YOU WALK INTO THAT HEARING ROOM WITH F. LEE BAILY, ESQ. If you did include them, it also helps to submit a lay statement noting where, such as page X, paragraph Y, etc. "jump through the hoops" means you timely filed a NOD, or got VA to reopen, and when denied again, you appealed timely again. Oddly enough, she even went as far as telling me straight out that I should NOT expect any increase in my claim/disability! The Quest for the Perfect Heirloom Tomato Variety an expeditious manner Following the rejection of an SSD application by an administrative judge, your attorney has a 20-day window to file an appeal with the appellate division. Next came a Rheumatologist, he thought it might be Lupus. How can there be no medical records for 5 years? Capt Adoph Von Shell-interested in any info at all! I had a POA rep (DAV)but they didn't have a clue, and I thought they had withdrawn my appeal when they got the award letter. Since when are they the decision makers on how the claim will shake out? The review requirement will usually be removed by the 6th post. I would estimate that tens of thousands (if not hundreds) of veterans have had claims delayed and/or denied because of these two basic issues. Our appeal was filed 2/20 and its still pending judge review. If you're appealing a VA decision under the new process, keep reading below to learn how to request and prepare for a hearing. That said, most of its features are porting to VA.gov, which Im sure youll find simpler to use. 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. This was not BVA this was Dept of VA. This wont speed up your appeal unless you also switch to the Direct Review appeal option, which can only be done at certain times. Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. My husband died at the young age of 52 at the VA nursing home in Pittsburgh. We both lost out on benefit monies for many years. As the video above shows, weve granted more than $375 million in retroactive benefits. So glad that Senator is no longer in office. I have problems with my neck and numbness radiating down my left arm. 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! 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). This was over a year after I appealed. So they must approve some in a few days to have an average of 36 days. Ive got video of my knee swollen, and having spasm attacks, and I KNOW this shits documented through the VA! Pho and nuc mam dinners, Copyright 2023 | Hadit.com | Hadit.com is exempt from federal income tax under Internal Revenue Code Section 501(c)(3). You can post now and register later. Or so I have heard. 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. I told him, I want it done right, so whats another 4 years. Basically back to the end of the line. Getting Started I have been denied because I was seen by someone other than the VA. The https:// ensures that you're connecting to the official website and that any information you provide is encrypted and sent securely. When you fill out the Decision Review Request: Board Appeal (VA Form 10182), select block 11c, Hearing with a Veterans Law Judge." Not to be an ass, but how is sleep apnea a service connected disability? To do this you must complete and return a VA Form 9 within 60 days. This is with our new veterans as well. Its sick when they hire those who can not be hired anywhere else. 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. It was initially thought that Blane Horton was the breeder for Rebel Starfighter Prime but this has been proven incorrect. Question A. I was previously denied for apnea Should I refile a claim? Any injury or medical condition incurred or aggravated by active military service can be claimed for compensation. The VA referred me and paid the bill but will not take responsibility. My lawyer did request a hearing and my Ebenefits was showing I was waiting to have my hearing. Decision review replaces the old ("legacy") VA appeals process. The https:// ensures that you're connecting to the official website and that any information you provide is encrypted and sent securely. 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. Do you also have a current pending new claim for the same or similar medical condition? Good Luck Don. Here in Feb. Thank you. Oh, and the VBA manual on the 30 day issue. Are you referring to RAMP, which was active from late 2017 to February? As an example of what the new system can do for you, lets say that you got two decisions in 10 years in legacy. A judge will review your request, and youll receive a notice in the mail when the judge decides if the hearing can be rescheduled. Cal Tjader, Miles Davis, AmerIndian battle chants, Th last time I contacted them, with a reply was late 2019.The BVA also has a Fax #844-678-8979 (Toll Free). :). 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. SYSTEM BEFORE A JUDGE VIA VIDEO-HOW MUCH TIME DOES THE FURTHER REVIEW TAKE? Poor paper record keeping should not be held against the Veterans. I have had my stuff kicked down the road and in the meantime Im one step closer to being dead.. After being kicked out of the Army for an accident I had in there they told me the VA would help me that was March 1986.. 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. Also she would not tell me her name or facility that she was located at.) Donations to Hadit.com are tax-deductible. So, two decisions in two lanes in new process in less than four months. This gives members a starting point to ask clarifying questions like. If your hearing is less than 2 weeks away, youll need to file a motion explaining why you need to reschedule. 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. Scan this QR code to download the app now. VA offers programs to assist with end-of-life planning and help ease the burden on family members when a Veteran passes. You ask, how can the new system help you? Copyright 2023 | Hadit.com | Hadit.com is exempt from federal income tax under Internal Revenue Code Section 501(c)(3). You and the judge will have a conversation. This was right after Nurse Maude DeVictor brought to attention of physical problems Vietnam vets were experiencing. Veterans stuck in the old, legacy appeals process now have two new paths to transfer their appeals into the AMA Decision Review Process. I have been denied repeatedly. Semper Fi. 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. Remand:The judge sends the issue back to theVeterans Benefits Administrationtogather more evidence or to fix a mistake before deciding whether to grant or deny. I kept reading where she could do this and that. Your previous content has been restored. I had already scheduled my first surgery. 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. One popular hybrid tomato is the Big Beef variety, known for its productivity, disease tolerance, and adaptability. My wife had her case remanded from the US Court of Veterans Appeals back to the BVA stating BVA had errored in their decision. As for remands, those usually mean that BVA couldnt overturn a lower decision (could not grant), meaning sent back to the RO for more development. fishing Having a linear line of appeal would be so much easier for the VA and easier on Vets to understand. The whole system is corrupt. 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. Initially, VA estimated veterans could wait from 3-5 years for a hearing under AMA. I have worked as A Veteran Advocate at the Tucson VA since I moved to Arizona in 1978. Financial Literacy Month provides an opportunity to get caught up on often overlooked end-of-life planning. 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. Regards. So I lost out in that way as it dinged my resume for better future employment and retirement as well as my social security. And its a long line. I filed several times with a DA Forms 3947 and 199 Clearly showing my disabilities. EricR33 12 days ago Hi I just came across your post. This claim must be afforded expeditious treatment. Hello Don, By the time they got back to me. Hi Steve, the AMA began in February 2019. No matter how you shuffle the deck of cards, if these basic issues are not addressed and resolved then the same problem is going to resurface every time. organic cleaning tips Nobody knew what the hell it was. Question A. I was previously denied for apnea Should I refile a claim? 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. The soldiers today would suffer far less if they were on the home front defending our nation against the invasion happening at our borders, which is dividing and weakening the inner strengths of America. It happened to me long ago- I had an appeal at the BVA but subsequently succeeded in the claim at the VARO level. These federal employees are instrumental in delivering earned benefits to Veterans. 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. Paste as plain text instead, If it did when was it sent and what is the current status? 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). An official website of the United States government. 4.97, Code 6847 as Sleep Apnea Syndromes (Obstructive, Central, Mixed). The Board will make a decision A Veterans Law Judge will review all of the available evidence and write a decision. A Board hearing is always optional. Im like no, its still wrong, the dates are wrong, how they are writing the percentage for the code is wrong. tious Oh, thats right, sit on those claims til 2020 and MAKE them join the modernization act, since they didnt volunteer for RAMP. I have been waiting 9 months on this so called quicker way and have heard nothing. I talk with them all the time too. I would say that the majority of claims that are processed are short sheeted (the reviewer only looks at specific things like the DBQ or a IMO) and they never really check the claimants history. 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. 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. On 4/22/2021 at 2:18 PM, spirit_grt said: On 1/19/2023 at 5:01 PM, spirit_grt said: On 2/3/2023 at 10:28 AM, Freedom101 said: Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC, General VA Disability Compensation Benefits Claims Forums. 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. Your appeal is at the Board of Veterans' Appeals, waiting to be sent to a Veterans Law Judge. Q? I also am in this exact stage. Youve just been rated 100% disabled by the Veterans Affairs. This blog discusses a new way for Vets locked in that broken system a way to opt into the new, modern appeals process. 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. 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. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. The judge will review the hearing and the other evidence in your appeal file before making a decision. 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. anything at all regarding Vietnam Choosing the Right Variety This process allows us to remove spam and other junk posts before hitting the board. They saw me the first time in 2003. My VSO and Am Legion reps tell me Do not send any updated claim info or contact the VA it will just confuse them.The VSO office also claims there will be a domino effect and the 60% will come then the dependents then 100% for unemployability and then the rest of the appeals due to my cardiac condition not being properly diagnosed. !! Anyone have an idea of a timeline when my appeal get reviewed? Or, you can call us at 800-827-1000to request a form. 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. 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. Hi Randall, the BVA lane is the most unchanged lane. They refused to talk to my wife who could have testified of my behavioral problems and the experiences she observed, but, they wont. BEING OVER THE AGE OF 75 I WAS LUCKY TO HAVE A HEARING IN 12/2018. 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. 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. I had joined the class action lawsuit concerning Agent Orange exposure. You can also submit new evidence for the judge to review within 90 days of the day of your hearing. We dont want that on our end, and we dont want that on your end. As Dave mentions in the video, RAMP averaged about 130 days, which is slightly higher than our 125-day goal. The real problem is the people and how they do their jobs within the system. Use paragraphs instead of one massive, rambling introduction or story. Your link has been automatically embedded. 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