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. Well today it change to your appeal is with the judge. Initially, VA estimated veterans could wait from 3-5 years for a hearing under AMA. You can request a video conference hearing if you want to provide testimony to a judge about your appeal. I have suffered severe pain and because of the opioid crisis I just have to suffer. This gives members a starting point to ask clarifying questions like. 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? How do you approach Dave with a problem? I say his again to our children. The site is secure. 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. 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? 30%: The veteran is experiencing persistent daytime hypersomnolence. Hypersomnolence is a condition similar to insomnia, characterized by chronic daytime sleepiness that does not improve even with sufficient sleep. However, the number of hearings VA held in 2019 is up 38 percent from the previous year, which is a good sign for veterans. Is that normal if you dont request one or can the judge request one. So they repeated the same request, just 19 months later. I did not take that long to get turned down again, even though its documented in my military medical records. So I was seen by an Indian female doctor who spent 40 minutes inputting data into the computer prior to starting physical exam. I have problems with my neck and numbness radiating down my left arm. Cant get ahold of, leave messages, still doesnt return your call or when he did, he called me by a different name. BROVET Please dont submit new evidence prior to your hearing. I went to school. Maybe being politically correct on gender is minor compared to the actual claims collecting dust. See comment above for rating criteria in the CFR.). have hearing loss, VA plans, budget, finances, and performance. WHITE SNAKE, Led Zepplin, Bob Dylan, Sting, Al Green, Mozart, Classical guitar,Moog synthesizer, Eminem,Janis Joplin, Still in school. Not to be an ass, but how is sleep apnea a service connected disability? The denials were because my skin caner did not show up within a year of my service with the Marines in 1969. (Yes, that is what she said, and hung up. 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. Q? To learn how to do their job. The average wait time for a decision on your initial claim is about 118.3 days. Send your written request to the Board. done with speed and efficiency. If you have a POA, and the RO awarded the same conditions as noted in your BVA appeal-. I have also had problems at the VA hospital that I go to. 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. Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Before sharing sensitive information, make sure you're on a federal government site. Its sick that the VA utilizes non Board certified doctors to experiment, diagnose, and perform surgery on veterans. Mine was dislocated in March 1987. Then you would need to file an appeal after that. So they must approve some in a few days to have an average of 36 days. Please read the dictionary meaning posted above and get back with me. I have no power to be treated fairly. It's been 2 years for me.i'm just trying to see if there's any movement. So, appeals are processed in first in first out method. AFTER THIS HEARING IN THE LEGACY How can the VBA tout to congress Appeals are a second chance most are already rated when the initial rating isnt even close to the veterans disabilities? 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. My wife had her case remanded from the US Court of Veterans Appeals back to the BVA stating BVA had errored in their decision. How long until a judge is ready for your appeal? I hadnt heard anything as of of May 31,2019. Oriental home design Submitting new evidence at this time could delay review of your appeal. May I ask when you filed your VA form 9? So guess what, they Appeal waiting time skyrockets from less than a year to as much as 7 years. My appeal was remanded to the director of compensation and after they got done with it my appeal was awarded. Find out what happens at a Board of Veterans Appeals hearingand how to request one if you want to discuss your appeal with a Veterans Law Judge. You call the VA and they no nothing and just basically say no you are on appeals status. God bless you all! How does any new system help me? Its sick when they hire those who can not be hired anywhere else. 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. It took over 25 years before the VA admitted there was an agent orange issue for my husband. This claim must be afforded expeditious treatment. Not service related Took a year for that to even get approved! Yet, they wanted me to dig up names and get them to testifyYou know how many Martinezs there are? 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. When it comes to planting tomatoes, the first step is choosing the right variety for your climate and soil type. That is to insure the retied Soldier gets as little as possible for what is due. There is NO WAY to overcome the I dont 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. When the 90-day time period for submitting new evidence closes, your case will be placed on the docket for a decision by a judge. 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. Nine months later, I found out during a chat session with a VA rep that they had done this. That said, most of its features are porting to VA.gov, which Im sure youll find simpler to use. Display as a link instead, Original Legacy Appeals ADP: The average days pending for original appeals is calculated from the date the appeal is certified to the Board by the Agency of Original Jurisdiction (AOJ) and any given date for appeals currently awaiting a Board decision. An official website of the United States government. 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. I'm giving you the blueprint to financial freedom Brother/Sister. I was in the Army for 5 years. Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. That doesnt make sense. If the latter, then this blog tells how you can have it moved into the new AMA. For more information, please see our 4.97, Code 6847 as Sleep Apnea Syndromes (Obstructive, Central, Mixed). Copyright 2023 | Hadit.com | Hadit.com is exempt from federal income tax under Internal Revenue Code Section 501(c)(3). I have been denied because I was seen by someone other than the VA. Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. Moreover, the Board has already sent out over 100,000 decisions in Fiscal Year 2020, which indicates that appeals are being worked through . The .gov means its official. 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? 2. 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 . Decision review replaces the old ("legacy") VA appeals process. Fear is not an option. im not back at the docet myself for misapplied EEFso another 2 years and i might officially be done with this mess. Im like no, its still wrong, the dates are wrong, how they are writing the percentage for the code is wrong. 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. i got a decision back in Novemberjust for some perspective. Ive got video of my knee swollen, and having spasm attacks, and I KNOW this shits documented through the VA! Additionally, modern pennies are only 2.5% copper, so older pennies should be used instead for better results. Should I refile? I can not talk to anyone directly and point this out. Has anyone had an updates on remands? It is a secondary service connected lumbar back pain? 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. Submitting new evidence at this time could delay review of your appeal. Ive lost everything, including my quality of life. The site of injection of the needle was numbed, I was able to watch the needle puncture through my back and into my kidney. Well today it change to your appeal is with the judge. It was kicked back from the Veterans Appeal Judge to the RO to do some more work. Then in June of 2018 I got the RAMP request and sent it in. An official website of theU.S. Department of Veterans Affairs, Looking for U.S. government information and services? Trench warfare 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. It appears that most of the problems are caused internally by VA personnel. So many times the facts already sitting in the medical records are ignored and the claim denied. It's possible to pay with credit card or Western Union, but PayPal isn't an option. Your appeal is at the Board of Veterans' Appeals, waiting to be sent to a Veterans Law Judge. Thats why VA would want your military records. 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. 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. How can there be no medical records for 5 years? If a hearing was requested, one must be provided. How come a veteran is given days to respond, when the VBA takes YEARS to Not respond? 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). Your appeal is at the Board of Veterans' Appeals, waiting to be sent to a Veterans Law Judge. 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. 100% rating. I lost my colon because the VA Hospital in Pittsburgh botched the surgery and they never even had an attending in the operating room.. The Pullers-Chesty and Lewis (USMC) Any advice would be greatly appreciated. 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. We sacrificed our bodies for this country, and we have to struggle for 10 damn percent! Been going to school since October 2020. You can also submit new evidence for the judge to review within 90 days of the day of your hearing. views, . likes, . loves, comments, . shares, Facebook Watch Videos from Jane Yap: LIVE: Saulog Tagbilaran Street Dancing and Ritual. Q? Ive waited my turn. Decision soon Your appeal will soon receive a Board decision. My appeal changed to the same status today. Youll be asked if youd like a copy of the transcript for your personal records. Knowledgeable people who dont have time to read all posts may skip yours if your need isnt clear in the title. How can I get help? Hopefully, we get what we deserve. I have had outside organizations screw everything up and never followed up with the apeals Im tired and the VA SUCKS! This time by the same Doctor who did initial claim exam back in 2017. I really dont like hearing this from one Vet to another! That being said it appears the two computer systems are no processing or updating the information. I haven't either. 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.
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your appeal is waiting to be sent to a judge