your appeal is waiting to be sent to a judge

Olivia said . I lost my colon because the VA Hospital in Pittsburgh botched the surgery and they never even had an attending in the operating room.. Hi Tom, if you would like medical help, please click here: https://www.va.gov/health-care/. However, some gardeners prefer heirloom tomatoes due to their historical significance, seed-saving capabilities, and diverse characteristics. Before sharing sensitive information, make sure you're on a federal government site. I hurt my back during Air Assault School while stationed in Ft. Campbell in 1988. THERE BE? 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. If not all BVA can do is to remand everything back to the VARO. 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. The judge will review all the evidence and make a decision or remand it. Most CommonVADisabilities Claimed for Compensation: Can a 100 percent Disabled Veteran Work and Earn an Income? EIN 92-2360268, VA Disability Claims Community Forums - Hadit.com. I immediately filed a motion to have a hearing ON THE RECORD WITH THE EVIDENCE. Judge David Munsu reached this conclusion in a ruling in which he refused an application for leave to appeal to the Supreme Court that was filed by Hatuikulipi (42) after Munsu dismissed his . We want to keep the focus on VA Claims, and this helps us do that. Your representative must be a VA-accredited lawyer, claims agent, or someone from a Veterans Service Organization (VSO). Then, youll also want to include a current medical diagnosis from your VA or private doctor. Some Veterans Service Organizations will ask for time to make additional arguments in support of your case, so contact your representative first if youre thinking of waiving this time period. The Pullers-Chesty and Lewis (USMC) Question is how long does it take. Then you would need to file an appeal after that. Moreover, the Board has already sent out over 100,000 decisions in Fiscal Year 2020, which indicates that appeals are being worked through . But they had zero experience, and they are not Medical folks reviewing the claims, but admin folks. Yet VA always Denies me. WHITE SNAKE, Led Zepplin, Bob Dylan, Sting, Al Green, Mozart, Classical guitar,Moog synthesizer, Eminem,Janis Joplin, The average wait time it takes to get a decision is eight weeks. Still in school. 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. We sacrificed our bodies for this country, and we have to struggle for 10 damn percent! Submit VA Form 9 to the Board of Veterans Appeals. EIN 92-2360268 Under 38 U.S.C. Many visits to the allergist with no conclusion or diagnosis. the VA writes lots about their new moderization act yet, I hear their mouths moving and their actions dont match!!! Knowledgeable people who dont have time to read all posts may skip yours if your need isnt clear in the title. With the right planning and dedication, anyone can have a successful garden this summer. I was seen by the resident physicians at the VA. To start, the judge will swear you in, asking you to take an oath that youll tell the truth during the hearing. Donations to Hadit.com are tax-deductible. 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? https://benefits.va.gov/benefits/appeals.asp. Nobody knew what the hell it was. So AMA replaces RAMP? You see, this requires VA to do a Statement of Case, and Suplemental Statement of case, each time you add new evidence. 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. This claim must be afforded expeditious treatment. So guess what, they Appeal waiting time skyrockets from less than a year to as much as 7 years. 101st ABN 2 times in Vietnam. BEING OVER THE AGE OF 75 I WAS LUCKY TO HAVE A HEARING IN 12/2018. The results, Traces of scar tissue identified as the so called Agent Orange. Record the examination with the consent of all individuals and there is an indisputable record on hand if any dispute arises. 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. In January 2021, I sent off one to the BVA. 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. Deny:The judge agrees with the original decision. Thats a lot of granting of benefits. I original filed a claim April 2002 and wasnt seen until May 2003 (yes, 13 months. 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. Your representative, if you have one, may help you at the hearing. This patent covers not only the Grub's Mystery Green, but also Brads Atomic Grape and Barrys Crazy Cherry. The judge will listen to your testimony and may ask you a few questions. Further, legacy means your BVA appeal will have to be "certified" by your VARO. Advice given is in no way a substitute for consulting with a competent Veterans law firm, such as one on the NOVA advocate website !! I am not the only one that has had a problem like this. 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. You can post now and register later. USN/USMC. A Board Appeal can be taken directly from the initial claim decision or a new decision on either a supplemental claim or higher-level review. I cant be considered Service Connected because there are no medical records. 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. Decision soon Your appeal will soon receive a Board decision. But they had also looked within VA back in 2017 for same records. Fear is not an option. ", My case is currently with a veterans law judge. Im too tired and weary to start another claim or appeal process. The video above touts the virtues of the new process, and explains two new ways for you to opt in. Many have been disrespectful. It happened to me long ago- I had an appeal at the BVA but subsequently succeeded in the claim at the VARO level. I have been denied repeatedly. They still denied my claim. Your appeal is Advanced on the Docket. There was new evidence that was submitted before that was NOT considered, and I again submitted even more NEW and supporting evidence this time. Semper Fi. The https:// ensures that you're connecting to the official website and that any information you provide is encrypted and sent securely. Thanks. 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. 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. A direct review, where the VLJ only reviews the existing claim record without any new evidence or arguments, will take about a year. Finally I was directed to an internist. A judge will review your request, and youll receive a notice in the mail when the judge decides if the hearing can be rescheduled. In my latest denial someone wrote one of my issues existed Pryor to Service tho the Forms disagrees with them. I really dont like hearing this from one Vet to another! Basically back to the end of the line. It can take anywhere from three weeks to three months or more. Damnhope I dont have any remands lolololol.. My remand took about 6 months to complete, from the time the VBA submitted the orders for the remand to completion. The Board of Veterans Appeals schedules hearings in docket order (the order in which they receive requests). I suggest you contact the BVA ombudsman to let them know and they can withdraw the appeal. So they got the initial claim wait time down, but at same time, these new, unqualified folks made some dumb mistakes. 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 also am in this exact stage. Examples of good cause for rescheduling would include if you, your representative, or a witness are sick or you had trouble getting records. If you need to withdraw your hearing request, you or your representative should send a written request at least 2 weeks before your hearing. For each issue youre appealing, they can decide to: I don't know what is being appealed. Cant get ahold of, leave messages, still doesnt return your call or when he did, he called me by a different name. Ive been fighting for increases for close to 5 or 6 years now I believe, and its all a damn numbers game to them. 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. You can also submit new evidence for the judge to review within 90 days of the day of your hearing. How come a veteran is given days to respond, when the VBA takes YEARS to Not respond? Include your name, the VA file number for your appeal, and the reason why you need a new hearing date. Donations to Hadit.com are tax-deductible. Its been 2 years 4 months since my appeal was remanded and 15 months since all C&P exams ordered by the remand were done. Congress complained and VA hired a bunch of new claims people. You cannot paste images directly. You must have your experts and facts ready, to roll over these slobs. 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. them are Veterans themselves. Get more resources at VeteransCrisisLine.net. So they repeated the same request, just 19 months later. But to get the most out of your tomato plants, its important to understand the basics of planting and caring for them. So now I am back in same waiting period. Today, I received a response that said, We have placed your RAMP Supplemental Claim for Obstructive Sleep Apnea back under control and it will be assigned to a Decision Review Operations Center (DROC) for processing. Are you referring to RAMP, which was active from late 2017 to February? So, appeals are processed in first in first out method. Powered by Invision Community. So why would it being going to BVA judge now? Use paragraphs instead of one massive, rambling introduction or story. 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. Hendrix,etc etc etc Advice given is in no way a substitute for consulting with a competent Veterans law firm, such as one on the NOVA advocate website !! What does your eBenefits status tracker say? Maybe the VA needs to concentrate on getting the decisions correct the first time, one of mine was nothing more than a dumb employee couldnt speak English and put my job title as a Radarman instead of a Radioman which should have been fixed with a phone call. 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. That didnt check out. So they must approve some in a few days to have an average of 36 days. You ask, how can the new system help you? She was the same one who did my last C&P that got my claim denied the last time. Include your name, the VA file number for your appeal, and the reason youre withdrawing the appeal. If you dont have new evidence to submit, you can waive the 90-day time period thats automatically added to your appeal. The actual procedure took only a few minutes. Were not happy about it, and we know youre not happy about it. It's possible to pay with credit card or Western Union, but PayPal isn't an option. Ive got video of my knee swollen, and having spasm attacks, and I KNOW this shits documented through the VA! The worse is I havent recovered from losing my husband in the way that I lost him. Q? You're up next. Ive waited 9 years now, so whats another 4. SYSTEM BEFORE A JUDGE VIA VIDEO-HOW MUCH TIME DOES THE FURTHER REVIEW TAKE? I opted into the RAMP, which was the initial version of AMA, in June 2018. So glad that Senator is no longer in office. This gives members a starting point to ask clarifying questions like. The VA dosent follow their own rules about settling claims. Capt Adoph Von Shell-interested in any info at all! Surely there input DOES have significant impact on ones claims. My only request to Dave is to run this properly, or move on. See comment above for rating criteria in the CFR. Hi Todd, RAMP ended in February 2019. They win!they beat me to a pulp and although I never said, Uncle, the bully stands taller and bigger than I, making sure I dont make any eye contact. 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 DOES THIS END (having a medical condition is not enough, on its own, to be granted compensation. Please read the dictionary meaning posted above and get back with me. Pasted as rich text. See comment above for rating criteria in the CFR.). Well, first, you have to get into the new system. I have to wear coveralls due to how pronounced my condition is today! 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). I have suffered severe pain and because of the opioid crisis I just have to suffer. have hearing loss, VA plans, budget, finances, and performance. i had my appeal hearing with judge in aug of last year. I finally went to my Congressman, who immediately sent an inquiry to the VA on my behalf. 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 . Next came a Rheumatologist, he thought it might be Lupus. So being told Im 41,000 in line with average wait time over 3 years is expeditious? Initially, VA estimated veterans could wait from 3-5 years for a hearing under AMA. Before sharing sensitive information, make sure you're on a federal government site. This is all very sad that we are treated like this. 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. The .gov means its official. This was not BVA this was Dept of VA. Clear editor. I dont wish this system on anybody least the government I defended??? I did not submit anything concerning Addisons Disease and have no clue where that came from??? o much for a new improved system to process claims. (Yes, that is what she said, and hung up. 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. So I can have an idea where they are at reviewing cases. German Commander (WWI)lectured to the US Army after the war on warfare-- PTSD - tactics etc-and Leadership Poor paper record keeping should not be held against the Veterans. Regards. 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. Having a linear line of appeal would be so much easier for the VA and easier on Vets to understand. An official website of theU.S. Department of Veterans Affairs, Looking for U.S. government information and services? My case was screwed up so badly I had to hire a lawyer to take over. Your appeal is at the Board of Veterans' Appeals, waiting to be sent to a Veterans Law Judge. 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. This process allows us to remove spam and other junk posts before hitting the board. JB 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. Unfortunately, the website appears to be down and it is unclear if this is temporary or permanent. . Appeals Council: The appellate division is the third step in the process of appealing a denied SSD application. Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. 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. Ty, what you explained is exactly some of the reasons why weve said the legacy appeals process is broken. Submitting new evidence at this time could delay review of your appeal. How can I get help? The Statement of the Case explain the reason why they couldn't fully grant your appeal. 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. So, two decisions in two lanes in new process in less than four months. Q? AMA fixes some of the procedural red tape. 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. 50%: If a veteran requires use of a breathing assistance device, such as a continuous airway pressure (CPAP) machine.. Copyright 2023 | Hadit.com | Hadit.com is exempt from federal income tax under Internal Revenue Code Section 501(c)(3). This process allows us to remove spam and other junk posts before hitting the board. I have been waiting 9 months on this so called quicker way and have heard nothing. Got help from Soldier On and GI Go Fund to submit more issues, including neck, concussion related, and more plus going over the initial items again. The National Caner Society told me cancer cells can stay dormat for years and years before becoming active. Instead its just one of the appeals I have in process. 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. As Dave mentions in the video, RAMP averaged about 130 days, which is slightly higher than our 125-day goal. Your appeal is being reviewed to either be granted or rejected. 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. God bless you all! I have a PTSD case that was originally appealed in March 2012 and was remanded over a year ago. What your decision review or appeal status means Your status tells you where your claim is in the decision review or appeal process. 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. My question is how long can it remain like this ?? Its continuous, allowable torture/abuse for veterans and for their families. I have also had problems at the VA hospital that I go to. No wonder so many Veterans commit suicide. Discover the Best Heirloom Tomato Varieties Comparable to Big Beef, Title: Discovering Heirloom Tomato Varieties Close to Big Beef I have worked as A Veteran Advocate at the Tucson VA since I moved to Arizona in 1978. We want to keep the focus on VA Claims, and this helps us do that. Note: Your post will require moderator approval before it will be visible. While my claim languishes awaiting remand action, I am not receiving an SSOC and therefore this AMA doesnt apply to me. Oriental home design This process does not take long. Redirect millions to prevent the errors that cause the expenses generated in repetitive processing and appeals and this should pay for itself. You can post now and register later. 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. Federal government websites often end in .gov or .mil. I did not take that long to get turned down again, even though its documented in my military medical records. 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. Mine has been waiting since Oct 2020. My appeal was awarded a month ago and that's the only appeal I have. Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. Submitting new evidence at this time could delay review of your appeal. I'm giving you the blueprint to financial freedom Brother/Sister. As the video above shows, weve granted more than $375 million in retroactive benefits. Many of 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 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. Mine was filed 12/2019 and still says waiting for judge assignment. Does I got partially approve? In the case of sleep apnea is secondary related the pain killer like tramadol and anxiety medication like lorazepam . I had a similar experience with a female Indian Doctor. Before my leg was amputated I had metal from my ankle to my thigh and the leg was very unstable. Federal government websites often end in .gov or .mil. Its why, for years, weve been wanting a newer, more modern process that doesnt take years to get to a single decision point. The Veterans Crisis Line can help even if youre not enrolled in VA benefits or health care. I have been considering an appeal process to try and get some medical help on old injuries from active duty days. Sit back relax and enjoy the ride, youve got time. Note: Your post will require moderator approval before it will be visible. I know you have to request a hearing if you want one. The funny thing is, mine has never been broken. I dont read all posts every login and will gravitate towards those I have more info on. So about three months later I received another e-mail/letter and phone call. I have been waiting for NINE YEARS for my appeal to make it through the process. 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. This was over a year after I appealed. At this point, I would not wish the VA on anyone and thats sad. I hadnt heard anything as of of May 31,2019. 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 % . PO Box 27063 gardening Since when are they the decision makers on how the claim will shake out? 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 cannot paste images directly. How long until a judge is ready for your appeal? Your link has been automatically embedded. I have experienced PTSD even from the VA and the VA hospitals who abused me while I was inwhen I subjected myself to them. Lawyers arent free. all the while I continue not be able to pay the VA copays that they keep sending for the illnesses they caused??

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