Senior Chief Petty Officer
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JayBrown1 last won the day on June 24 2014

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About JayBrown1

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    E-7 Chief Petty Officer
  • Birthday 08/17/1957

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  • Service Connected Disability
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  1. Got a letter to submit my claim for Clothing Allowance, I submitted the forms to the Prosthetic Department and got a letter saying they denied my claim because my knee brace doesn't qualify under the regulations. Now I have had the same type hinged metal brace for 15 years now and the metal is not cover by any material. It's the same one I got and allowance for last year and the year before and so on. It seems they try this every other year. I sent a picture of my brace and mail it to the prosthetic department and asked them to explain to me what I am appealing their decision on. In checking the VHA Handbook as I see it my brace qualify for an allowance. So I am waiting to see if they will respond and let me know what am I appealing beside just them saying it doesn't qualify. Anyone else having this type of problem? Or did they change the regulations and haven't updated the Handbook governing clothing allowance?
  2. nfloyd my buddy got his remanded but C&P wasn't favorable and he got a decision from RO quick even though his was remanded after mine and it was his first. I guess it's easy to decide on the unfavorable C&P than favorable ones.
  3. I understand, I have two remanded appeals that have been remanded twice. The first time they were remanded was in July 2014 and the RO contact and got more information and they sent it back to the board without making a decision. Then a VLJ at the hoard sent it back to the RO for development in Oct 2016. I guess in 2014 the VLJ had expected RO to request a C&P exam but they didn't so I figure that's why it was sent back in 2016. The original claim of one of the appeals was in 2004, 13 years ago.
  4. I have two appeals that were remanded back to the RO twice. This last time it was in Oct 2016, a friend of mi ex was Remanded in Dec 2016, I had a C&P in Dec which was favorable to my claim, my friend had a C&P in Feb but not a favorable exam, March my friend got decision of continual denial with instruction to appeal, I have gotten no decision. Check the status was told that there was a backlog at my RO and they are working it in the order they received the appeals back from the board. Both me and my friend appeal was remanded back to the same RO. I guess if you have a favorable C&P they are in no rush to work your remand but if you don't get a favorable C&P you get a quick decision. I wonder why the VLJ request that remands be completed in an expeditious manner according to law when it's clearly not. Can anyone relate to this? Do anyone know what's the current timeframes are on remands on a average?
  5. I went on Ebenefit site today to check the status of my Appeals. As of yesterday it showed it as Remand status. This morning when I checked it had a Triangle with an exclamation mark in it and a box that said to contact VA for information. Everything else I can check on the site. Is this normal or are they updating the status of my Appeals on the site? I have never seen this before and not sure what's going on with my appeals when I Click on the Work in Progress or Check Appeal Status tab.
  6. I just went on Ebenefits to check the status of my appeal and under the Work in Progress tab where as of yesterday it was still showing Remand but today the two appeals shows a Triangle with an exclamation mark in it and a box say call VA for information on appeal. Is this normal or is Ebenefit updating its system on my appeal status? I can see and read everything else on my page.
  7. At the time I put in the claim in 2004 I was 80% and was denied. I appealed but didn't hear back on my appeal until I brought to their attention in 2006. In 2008 I got a temporary 100% but three months later it went down to 90% but they gave me IU and then in 2009 I was granted 100% after putting in a claim for another disability. So I am hoping they back date it to 2004.
  8. Thanks BrokenSoldier, I was hoping it was in my favor. I hope now the VA will bring closure to this claim. This one started in 2004 in July hopefully this will be the case when they make their determination.
  9. I just got a copy of my C&P exam and under the TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR SECONDARY CONNECTION ] it states: a. The condition claimed is at least as likely as not (50% or greater probability) proximately due to or the result of the Veteran's service connected condition. Does this mean that my condition was caused by my service connected injuries?
  10. I just got a copy of my C&P exam from my file. Under TYPE OF MEDICAL OPINION PROVIDED:[ MEDICAL OPINION FOR SECONDARY SERVICE CONNECTION ] it states: a. The condition claimed is at least likely as not (50% or greater probability) proximately due to or the results of the Veteran's service connected condition. Is it stating that my condition is connected to my disability?
  11. Well that's good to hear. I will let you know how it goes. I will see if there's anything from the phone exam in my medical records in a few days.
  12. I had a C&P Exam over the phone. It was the first time that happened to me. I have had many of them but none over phone before. I was asked questions and then was told that I might want to make an appointment with my primary care physician to possibly get updated treatment. Can't wait to see her report that she sent to the RO to finish my claim or send it back to the board. Have anyone else had a phone C&P exam before?
  13. Well I got my phone call and was basically asked questions and then was told that I might want to make an appointment with my primary care physician to make sure that my treatment was up to date. I was told that her findings would be submitted to the regional office for them to finish my case. First time I ever had a Phone C&P exam and I have had many!
  14. I just got from a call from the C&P Department at my local VA Medical Center stating they received my claim for sleep apnea. They said a doctor will call me soon between 9 and 12 to conduct the exam. I was surprised seeing that they no longer require you to come in to be seen. Well this is an appeal case seeing that I applied for sleep apnea in 2004 and was denied but I appealed and it's been remanded twice. Hopefully with this C&P I will be granted my rating. Hace anyone else had a phone exam by the C&P? If so, how does it work?
  15. I was wondering if you can help me understand this, my appeal has now gee. Remanded back to the RO for the second time. Can you tell me what would constitute the need to send this back for a second time? I submitted over a hundred documents in support of my appeal when it was sent back the first time. I did notice that the RO did not even consider a change in their initial denial like they did on a previous remand.  I just don't get it because the initial claim was submitted in 2004 and now over 12 years later I am still going through this.

    Can you shed any light onto this?

    1. jamescripps2


      The submission of over 100 documents can complicate a claim and prolong a decision in itself. I would not do that again unless those 100 documents contain substantial evidence. A skinny file has more appeal to a rater than a thick one that is stuffed with paperwork that does not contribute to probative value.

    2. broncovet


      I certainly agree at the RO level.  "Top sheeting" often happens where they dont read most of it anyway.  My file is over 1500 pages, and spans since 2002.  

      But, you need to keep this in perspective.  Generally, the RO does not award huge retro...there are reasons for delays of 10 years or more, because, if the evidence was clear, it should not go 10 years.  

      However, when it comes to appeals, the appeals team overturns when the evidence is in equipose, or favorable.  

      This is obviously the latter..its in appeals, already denied by the RO, so more favorable evidence should tip the scales of equipose.  

    3. broncovet


      To add, there is an understood prohibition of allowing a Veteran to keep his claim going until he finds a decision maker willing to grant.  This is the concept of finality.  Res Judicata basically suggests that the decision maker has decided, and this can only be overturned on appeal.  And, the VA does not like doing each others decisions over and over, and they pretty much stay with the original decision makers decision, unless there is New and material evidence.