your appeal is waiting to be sent to a judge

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). RAMP was a temporary sneak peek at the new AMA, and it was an opportunity for thoselike youto move out of the old, broken, legacy appeals process. The hearing will be transcribed and added to your appeal file. I cant be considered Service Connected because there are no medical records. Hi Arnold, in your second sentence, you wrote that you called in, but didnt say who you called. They say the effective date was dated for Feb. 2016 (thats the date that the first appeal came back from Washington D.C,) They can use a lot of dates, but Feb. 2016 wouldnt be one of them. Cal Tjader, Miles Davis, AmerIndian battle chants, Still, Vietnam era veterans are not very important, and never have been from the day we returned home. How can the VBA tout the The New Modernization Act so vigorously, yet leave behind 200,000 veterans? 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. Judges made her decision (she agreed with me) in October 7 2020. the failure of the Maginot Line (WWII) 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. There are many different types of tomatoes, This website uses cookies for functionality, analytics and advertising purposes as described in our. Your appeal is waiting to be sent to a judge - Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC - VA Disability Claims Community Forums - Hadit.com Home General VA Disability Compensation Benefits Claims Forums Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC To commemorate this special occasion, KarenO, a registered nurse with 35 years of experience, has started The Nightingale Project. I am presently # 19,564 on the list and based on the timeliness of completing these remands it appears I am going to have to wait for a final decision another 2-3 years. My Ebenefits update and said the same thing however I did not have the hearing. They have always replied to me on many BVA issues but Covid has them probably on a limited work schedule. I used 266 hours of sick leave and 100 hours of vacation time (at that time I was only accruing 8 hours of each a month, so you do the math). Use paragraphs instead of one massive, rambling introduction or story. 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. You can also submit new evidence for the judge to review within 90 days of the day of your hearing. Today, I can not stand to walk into another VA facility. Your status tells you where your claim is in the decision review or appeal process. Vets often submit new claims for medical conditions that are pending in appeals, and we have to close/merge those. Hi Randall, the BVA lane is the most unchanged lane. I sent my appeal to a judge in 2018. I hurt my back during Air Assault School while stationed in Ft. Campbell in 1988. So I had to ask if the call was for me or by the name he thought he was call for. 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? IT OR IS THERE AN ADDITIONAL PROCESS AT THE REGIONAL OFFICEAND IF SO WHAT FURTHER DELAYS WILL Its been back in forth between Washington D.C. and the regional office 3 times since Feb. 2016 (wait Ill have more about that date). My wife had her case remanded from the US Court of Veterans Appeals back to the BVA stating BVA had errored in their decision. If you need to withdraw your hearing request, you or your representative should send a written request at least 2 weeks before your hearing. The Board of Veterans Appeals schedules hearings in docket order (the order in which they receive requests). I went through the RAMP. I have a PTSD case that was originally appealed in March 2012 and was remanded over a year ago. :). Im like no, its still wrong, the dates are wrong, how they are writing the percentage for the code is wrong. Your first posts on the board may be delayed before they appear as they are reviewed. BEING OVER THE AGE OF 75 I WAS LUCKY TO HAVE A HEARING IN 12/2018. Donations to Hadit.com are tax-deductible. Send the completed form to this address: Board of Veterans' Appeals PO Box 27063 Washington, D.C. 20038 In person Bring your completed form to a VA regional office. Thats why VA would want your military records. 2. So about three months later I received another e-mail/letter and phone call. It is not known what happened to the breeder of Rebel Starfighter Prime or why Galactic Magic Seeds is no longer available. To learn how to do their job. ET. Your previous content has been restored. If you have an account, sign in now to post with your account. I dont read all posts every login and will gravitate towards those I have more info on. Board of Veterans Appeals 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. If you're appealing a VA decision under the new process, keep reading below to learn how to request and prepare for a hearing. Or, you can call us at 800-827-1000to request a form. Does this new appeals process help with this issue? So many times the facts already sitting in the medical records are ignored and the claim denied. Decision wait times - Board of Veterans' Appeals 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. Hello Don, Before sharing sensitive information, make sure you're on a federal government site. How does any new system help me? Well, first, you have to get into the new system. The law requires that all claims that are remanded by the Board of Veterans Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. 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. 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. THE VA CLAIMS PROCESS IS A FRAUD. You can request a video conference hearing if you want to provide testimony to a judge about your appeal. There was new evidence that was submitted before that was NOT considered, and I again submitted even more NEW and supporting evidence this time. it took me 12 yrs of reviewing my case, I gave up , their response was missing documents, not enough cause to increase, well I got tired until I placed a Lawyer to look over my case and after spending $6.000.00 they are still withholding evaluation on my case so what else is to do, will the Government will give me a refund or increase my % . NOTHING HAS CHANGED AND NOTHING WILL CHANGE UNLESS YOU WALK INTO THAT HEARING ROOM WITH F. LEE BAILY, ESQ. I have been denied repeatedly. Th last time I contacted them, with a reply was late 2019.The BVA also has a Fax #844-678-8979 (Toll Free). Well yes I won 8 years retro because the regional office Never certified my appeal to the board from service.. Back in the late 1990s, I went to the BVA twice and each took about two years. The results, Traces of scar tissue identified as the so called Agent Orange. Q? The judge will review all the evidence and make a decision or remand it. Oh, thats right, sit on those claims til 2020 and MAKE them join the modernization act, since they didnt volunteer for RAMP. Question A. I was previously denied for apnea Should I refile a claim? gardening It was initially thought that Blane Horton was the breeder for Rebel Starfighter Prime but this has been proven incorrect. 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%. Clear editor. This process does not take long. anything at all regarding Vietnam No wonder so many Veterans commit suicide. I proved Direct SC death under 2 theorys- and sent the RO the BVA decision, requesting a full refund of my FTCA offset, per the regulations from the BVA. IT mgr should be fired, use fingerprinting, face recognition, as I write my password down, but cant use old password. Our appeal was filed 2/20 and its still pending judge review. In other words, you applied, it was denied, you appealed (or reopened) and it has kept your appeal "alive" since you first applied because you have kept on jumping through the hoops to preserve your effective date. That said, most of its features are porting to VA.gov, which Im sure youll find simpler to use. Nobody knew what the hell it was. I finally lost my temper and sent a secure message telling the VA how disgusted I was with their performance. Submitting new evidence at this time could delay review of your appeal. That system was broken, and often took several years to render a single second decision. Hendrix,etc etc etc I think his sleep apnea is secondary connected to his back pain. What the VBA, or BVA what ever entity has my remanded claim now needs to do, is hold the person, or persons accountable for not following the law. . 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. You can see this by the VCAA notices and the Bryant discussions at hearings. You must demonstrate that your active military service is what caused or aggravated the diagnosed condition. The aim of Congress is to deter you from receiving your benefits, while they bask in the bales of money from private interests. Fear is not an option. There is no doubt in my mind that if this was in the private sector I could at least get help from an attorney. Tissue was extracted and the results were positive. Question B. I may have PTSD- how can I be sure? Donations to Hadit.com are tax-deductible. After filing the appeal, your attorney has the option to request an oral argument. Basically back to the end of the line. :). These federal employees are instrumental in delivering earned benefits to Veterans. Hi John, having a medical condition is not enough, on its own, to be granted compensation. My appeal was awarded a month ago and that's the only appeal I have. Beautiful hills of NY andwidow of 2 vets, 2 HD each and mother of USAF vet-my daughter, 7 years Top Secret Intel, tactical warfare - AMU 1st Civilian graduate and with Honors Submitting new evidence at this time could delay review of your appeal. Check your VA claim status Supplemental Claim status Higher-Level Review status Board Appeal status Legacy appeal status I also got a letter from VA asking if I have any medical records from 1986-1997 as they could not find them. That they were incurred while in Service, did not Exist prior to Service, were Permanently Aggregated by Service. 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. So I can have an idea where they are at reviewing cases. EIN 92-2360268, VA Disability Claims Community Forums - Hadit.com. if that gives you any timeline, Did yours get finalized? Your first posts on the board may be delayed before they appear as they are reviewed. The veterans advocate advised me to file a claim for malpractice by the VA. Because the VA had no one qualified to fix a botched knee replacement they sent me to their educational partner, the University of Missouri. My question is how long can it remain like this ?? Stay together we are a team we do not need money seeking law firms to take what belongs to your children. It says on Va.gov that I will have a decision soon. So I lost out in that way as it dinged my resume for better future employment and retirement as well as my social security. He was 100% disabled many years ago. Capt Adoph Von Shell-interested in any info at all! I know you have to request a hearing if you want one. In the case of sleep apnea is secondary related the pain killer like tramadol and anxiety medication like lorazepam . It is a secondary service connected lumbar back pain? Paste as plain text instead, My lawyer did request a hearing and my Ebenefits was showing I was waiting to have my hearing. 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 your lawyer is familiar with the judge, he or she may have an idea of how long that judge is known to take to issue a decision. Maybe being politically correct on gender is minor compared to the actual claims collecting dust. NOTHING THE VA DREAMS UP IS INTENDED TO HELP YOU SECURE YOUR CLAIM BENEFITS WITHIN A REASONABLE TIME. This was over a year after I appealed. The Veterans Crisis Line can help even if youre not enrolled in VA benefits or health care. Mine is in remand at the RO. Should I refile? Redirect millions to prevent the errors that cause the expenses generated in repetitive processing and appeals and this should pay for itself. Unfortunately, the website appears to be down and it is unclear if this is temporary or permanent. Its sick when they hire those who can not be hired anywhere else. This was right after Nurse Maude DeVictor brought to attention of physical problems Vietnam vets were experiencing. May I ask when you filed your VA form 9? Any injury or medical condition incurred or aggravated by active military service can be claimed for compensation. o much for a new improved system to process claims. Hes like well now youll be waiting another 4 years to get this right. I have been denied because I was seen by someone other than the VA. 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? Did yours get to a judge yet? Hi James, the simple answer is that its in the Code of Federal Regulations. Your claim will be worked in date order relative to other claims of this type. No apology. 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. Update: appeal waiting to be sent to judge : r/VeteransBenefits - Reddit 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. 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. With the right planning and dedication, anyone can have a successful garden this summer. Before his death, I had numerous meetings with all the VA personal from admin to medical pertaining to all the botched issues and neglect; provided dates, times, facts, and data as well as pictures. 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. See comment above for rating criteria in the CFR.). Regards. 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. The video above explains the benefits of the new system and also how someone like you can opt into the new system. 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. I have problems with my neck and numbness radiating down my left arm. The worse is I havent recovered from losing my husband in the way that I lost him. The Pullers-Chesty and Lewis (USMC) The average wait time for a decision on your initial claim is about 118.3 days. This, in my opinion, undermines the reason lanes A and B are in place. A judge will review your request, and youll receive a notice in the mail when the judge decides if the hearing can be rescheduled. Three days later I get a call verifying my wife and children and told a letter is being sent out. Girl, 11, gets surprise Britain's Got Talent audition invite from Ive waited my turn. 0%: If the veterans condition is Asymptomatic but has documented sleep disorder breathing. An asymptomatic condition is one that is diagnosed, but may not be producing symptoms. The denials were because my skin caner did not show up within a year of my service with the Marines in 1969. The .gov means its official. What does your eBenefits status tracker say? Can you log into your eBenefits and tell me what your historical claim (appeal) data says about the pending sleep apnea? Copyright 2023 | Hadit.com | Hadit.com is exempt from federal income tax under Internal Revenue Code Section 501(c)(3). Tomatoes are a great choice for beginners as they're easy to care for and c, Gardening Tips for Growing Tomatoes | Everything You Need to Know, Gardening is an incredibly rewarding activity, and tomatoes are one of the most popular crops to grow. 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. VBA remanded due to 3 out of 4 IMOs missing from file, when all 4 were sent together. It appears that most of the problems are caused internally by VA personnel. After not hearing any thing after 2 months, I called in and asked for assistance in finding out if there was a problem, and if there was, how to work on it. The judge will listen to your testimony and may ask you a few questions. If you disagree with a VA claim decision, you can request a decision review. You can mail or fax a written request to reschedule or withdraw your Board hearing. So AMA replaces RAMP? One popular hybrid tomato is the Big Beef variety, known for its productivity, disease tolerance, and adaptability. Months later, the VA still had done nothing other than send me a letter telling me that they had made a decision and sent me a letter in January 2019. I applied in Aug. 2015. If you are a Veteran in crisis It's been 2 years for me.i'm just trying to see if there's any movement. 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). Q? 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. Live with Restream | license | Live with Restream CCLI Copyright 4390 The funny thing is, mine has never been broken. fishing As the video above shows, weve granted more than $375 million in retroactive benefits. Getting Started Youve just been rated 100% disabled by the Veterans Affairs. Veterans are assigned 0%, 30%, 50% and 100% ratings for sleep apnea, depending on the severity of their condition. Board Hearings With A Veterans Law Judge | Veterans Affairs Then people wonder why veteran suicide rates are so damn high! You can request a direct review, submit more evidence, or request a hearing. SMH, SMH, UP GRADE YOUR PHONE SYSTEM AND, Hi Chris, eBenefits is a joint DoD/VA website, and it is the DoD who controls logon and security features. 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? Then in June of 2018 I got the RAMP request and sent it in. This is on a appeal from 2012. Note: Your post will require moderator approval before it will be visible. BROVET Thats a lot of granting of benefits. Time waiting for a judge : r/VeteransAffairs - Reddit After many years of the VA playing games with my claim, and pretending that my records did not exist, I caught them in a bald faced lie Your first posts on the board may be delayed before they appear as they are reviewed. If a hearing has been properly requested BVA won't make a decision until the hearing has been either held or the request cancelled. What your decision review or appeal status means Your status tells you where your claim is in the decision review or appeal process. I thought all this out and as a good NCO at age 60 decided communication is the best road to follow. tious The video above touts the virtues of the new process, and explains two new ways for you to opt in. I too, believe they wait us out to see if we die first. I have experienced PTSD even from the VA and the VA hospitals who abused me while I was inwhen I subjected myself to them. (which they took credit for but Never helped me at all). Youre still in the legacy system, which is now closed to new appeals and which will someday be closed for good. And now youre stuck. If you watch the video above, you can see exactly why very sane people (favorably) moved their appeals into RAMP when it was active. You see, this requires VA to do a Statement of Case, and Suplemental Statement of case, each time you add new evidence. My husband takes to many pain killers Tramadol, neurontin, methocarbamol and also lorazepam. This time by the same Doctor who did initial claim exam back in 2017. But to get the most out of your tomato plants, its important to understand the basics of planting and caring for them. I used the RAMP option with the help of a person from the DAV. Upload or insert images from URL. 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. Decision soon Your appeal will soon receive a Board decision. We dont want that on our end, and we dont want that on your end. You cannot paste images directly. Choose which type of docket you want to file. all the while I continue not be able to pay the VA copays that they keep sending for the illnesses they caused?? I was prescribed a steroid (Prednisone 5mg X2 daily) before I new it my symptoms were worse. She was the same one who did my last C&P that got my claim denied the last time. 100% rating. Gardening is a great way to spend time outdoors and get in touch with nature. done with speed and efficiency. He said there must have been a mistake so he said he would forward it. Note: Your post will require moderator approval before it will be visible. It happened to me long ago- I had an appeal at the BVA but subsequently succeeded in the claim at the VARO level. Still sitting at being reviewed by veteran's law judge After reading the above comments, I can truly say that life is short and the unnecessary time requirements in the VA appeals process will definitely make it shorter. I have multiple disabilities and am at 90%. Oh, and the VBA manual on the 30 day issue. WARTAC trains separating service members to become VA Veteran Service Representatives (VSR) or rating Veteran Service Representatives (RVSR) with the Veterans Benefits Administration (VBA). This is with our new veterans as well. Currently, there is a small group of RAMP claims pending, and are being completed everyday. Two weeks later they approved my claim. Backpay $33 grand. If it did when was it sent and what is the current status? 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) . That is to insure the retied Soldier gets as little as possible for what is due. Please read the dictionary meaning posted above and get back with me. Your link has been automatically embedded. It only took the VA 32 years to do the first MRI. Yes, you can bring new and relevant evidence to your hearing to share with the 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. 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. I could not find out if was a decision on my claim, or just her decision to get rid of it. After I filed the RAMP, I was not seen or did I hear from VA until after the 120 day point. Question B. I may have PTSD- how can I be sure? Yet, they wanted me to dig up names and get them to testifyYou know how many Martinezs there are? For more information, please see our It was only a few months before he died they finally gave him 100%. The actual procedure took only a few minutes. They have the roster for those whom I lived with while in Vietnam. However, some gardeners prefer heirloom tomatoes due to their historical significance, seed-saving capabilities, and diverse characteristics.

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