Your previous content has been restored. My only request to Dave is to run this properly, or move on. If you're appealing a VA decision under the new process, keep reading below to learn how to request and prepare for a hearing. Under 38 U.S.C. I had already scheduled my first surgery. Should I refile? Yes, you can bring new and relevant evidence to your hearing to share with the judge. In my latest denial someone wrote one of my issues existed Pryor to Service tho the Forms disagrees with them. The new claims process is just a smoke screen, just more bullsht from the biggest bullshtters in the world, the VA. Hi Frank, a remand means that BVA couldnt overturn a lower decision. But they had zero experience, and they are not Medical folks reviewing the claims, but admin folks. If youve moved recently, please make sure that VA has your up-to-date mailing address. HOW can the VBA loose DIGITAL paperwork? Anybody working in the system can write whatever they want in your file, even if they are a one year intern and it is not their specialty. This is on a appeal from 2012. I contacted a US Senator for assistance. These federal employees are instrumental in delivering earned benefits to Veterans. AFTER THIS HEARING IN THE LEGACY Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. I believe the VA, like most of the government, is a lot of campaigning and good PR of no beneficial consequence to the average person. Hi James, the simple answer is that its in the Code of Federal Regulations. 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. If you dont have new evidence to submit, you can waive the 90-day time period thats automatically added to your appeal. bva appeal says waiting for judge to be assigned - Appealing Your All youve done is taken the so called Legacy Appeals Process and added lane C which allows claimants to appeal directly to BVA. I will find the BVA ombudsman's email addy and post it here. Your first posts on the board may be delayed before they appear as they are reviewed. 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. PO Box 27063 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. Its continuous, allowable torture/abuse for veterans and for their families. Yet, they wanted me to dig up names and get them to testifyYou know how many Martinezs there are? If you watch the video above, you can see exactly why very sane people (favorably) moved their appeals into RAMP when it was active. Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. EIN 92-2360268 Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. My appeal was awarded a month ago and that's the only appeal I have. So they repeated the same request, just 19 months later. The results, Traces of scar tissue identified as the so called Agent Orange. /ekspdiSHs/ How long did it take to get in front of the judge? What does your eBenefits status tracker say? Paste as plain text instead, Donations to Hadit.com are tax-deductible. SO many questions "When arguing with a fool, you should first be sure the other person isn't doing the same thing. Federal government websites often end in .gov or .mil. 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). to date I have waited over Four months and going on five months?? the expeditious processing of his VBA remand So about three months later I received another e-mail/letter and phone call. Well today it change to your appeal is with the judge. I just had the third surgery earlier this week after the VA farmed me out to a community doctor. I have received amazingly great medical care from the VA over the last 15 years, but the disability claims process they are bragging about today is a total disaster, and they keep lying to the public and to Congress on how good it is. After filing the appeal, your attorney has the option to request an oral argument. Ive got video of my knee swollen, and having spasm attacks, and I KNOW this shits documented through the VA! Here are the steps to filing a BVA appeal: 1. In January 2021, I sent off one to the BVA. This includes the examinations a veteran submits to as well. Your appeal is at the Board of Veterans' Appeals, waiting to be sent to a Veterans Law Judge. The VA is responsible for the loss of my right leg, above the knee. JB If the Vet wants BVA, they appeal to BVA. 100% rating. I also got a letter from VA asking if I have any medical records from 1986-1997 as they could not find them. 7107 (a) (1), all appeals at the Board shall be considered and decided in regular docket order according to its place on the docket. Board of Veterans' Appeals That being said it appears the two computer systems are no processing or updating the information. 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. I was seen by the resident physicians at the VA. You must demonstrate that your active military service is what caused or aggravated the diagnosed condition. 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. Send your written request to the Board. 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. If you are a Veteran in crisis Was that female Indian Doctor at the Syracuse VA by chance? I call about once a month to check the status of it. 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. Reddit and its partners use cookies and similar technologies to provide you with a better experience. 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. Currently, there is a small group of RAMP claims pending, and are being completed everyday. Board of Veterans Appeals Fear is not an option. Any advice would be greatly appreciated. Many customers have had positive experiences ordering from them, and their customer service has been praised for keeping buyers updated on order status. Hi Steve, the AMA began in February 2019. Then in February I got a letter from the VA stating within 90 days of February 12, 2020 I would have a decision made. Basically back to the end of the line. The Statement of the Case explain the reason why they couldn't fully grant your appeal. I could not find out if was a decision on my claim, or just her decision to get rid of it. 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. This isnt the first time I have had problems with the VA. The judge will listen to your testimony and may ask you a few questions. This time by the same Doctor who did initial claim exam back in 2017. 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%. Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. Been going to school since October 2020. I finally lost my temper and sent a secure message telling the VA how disgusted I was with their performance. Q? if that gives you any timeline, Did yours get finalized? Thank you. 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 . This process allows us to remove spam and other junk posts before hitting the board. Question B. I may have PTSD- how can I be sure? Not to mention the civilian life is for the birds as is the job market.. I told her during exam that I disagreed with one of her statements. Submitting new evidence at this time could delay review of your appeal. Submitting new evidence at this time could delay review of your appeal. I hadnt heard anything as of of May 31,2019. Your appeal is at the Board of Veterans' Appeals, waiting to be sent to a Veterans Law Judge. My Ebenefits update and said the same thing however I did not have the hearing. Your first posts on the board may be delayed before they appear as they are reviewed. Fought for an increase, which took about 3-6 months for 10 more on my knee. 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. SYSTEM BEFORE A JUDGE VIA VIDEO-HOW MUCH TIME DOES THE FURTHER REVIEW TAKE? No remand, hasn't got that far. Pasted as rich text. In the world of tomatoes, there are countless varieties that offer unique flavors, textures, and growth habits. 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.. The real problem is the people and how they do their jobs within the system. The VA dosent follow their own rules about settling claims. Unfortunately, the website appears to be down and it is unclear if this is temporary or permanent. That letter only denied two disabilities and did not even mention the illegally closed appeal. Its sick that the VA utilizes non Board certified doctors to experiment, diagnose, and perform surgery on veterans. 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. I went to school. You folks are chasing ghosts and never catch any. I dont wish this system on anybody least the government I defended??? We want to keep the focus on VA Claims, and this helps us do that. I did not submit anything concerning Addisons Disease and have no clue where that came from??? Theyve done a few xrays, but didnt do a MRI until just 6 months ago. The judge will review all the evidence and make a decision or remand it. Powered by Invision Community. Decision review replaces the old ("legacy") VA appeals process. The Veterans Crisis Line can help even if youre not enrolled in VA benefits or health care. I have been denied because I was seen by someone other than the VA. 4.97, Code 6847 as Sleep Apnea Syndromes (Obstructive, Central, Mixed). Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. I got a woman on the phone and asked her for help. 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 site of injection of the needle was numbed, I was able to watch the needle puncture through my back and into my kidney. So, in all, youve received at least two decisions since your claim was completed. This process does not take long. I filed had filed an appeal to upgrade to 100%. When you fill out the Decision Review Request: Board Appeal (VA Form 10182), select block 11c, Hearing with a Veterans Law Judge." views, . likes, . loves, comments, . shares, Facebook Watch Videos from Jane Yap: LIVE: Saulog Tagbilaran Street Dancing and Ritual.