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. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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?
  6. 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?
  7. 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.
  8. 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?
  9. 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!
  10. 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?
  11. 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.  

  12. TBird, I see that you are knowledgeable about the VA system and was wondering if you could answer a question. My appeal has been remanded for the second time back to the RO, do you know why are what would cause this?

    1. Tbird


      Hi JayBrown1-

      Below is from this page http://www.blogs.va.gov/VAntage/26013/the-appeals-process-remands/ I hope it helps.

      While the Board has the ability to remand, it uses the remand differently than a typical court system. In a typical court system, a higher court usually remands a case when a lower court interprets a law incorrectly.  In VA’s circular system, appeals are remanded for many reasons. A remand may be necessary if there has been a change in law, a worsening of a disability on appeal or the Veteran introduces new evidence or theory of entitlement at the Board.

      Typically each time one of these things happens, a rule of law called Duty to Assist (DTA) is triggered. DTA is an obligation VA takes very seriously. It means VA has to help you develop your claim. Often, this means scheduling you for another exam, gathering records on your behalf or giving you an opportunity to comment since a law change. About two-thirds of the Board’s remands are for reasons that arose after VBA finished processing the appeal and sent it to the Board.

    2. JayBrown1


      Thank you for the info 

  13. This is crazy, I started a claim in 2004, they finally got around to making a decision to deny it in 2008, finally made it to the BVA in 2010. Then in 2015 it made it to a VLJ who REMANDED it back to the RO, the. It was sent back to the BVA in July 2015 and it finally made it back to a VLJ in late July of 2016 and now on the 29th of September 2016, it's been REMANDED back to the RO. This is making me mad because I don't see why it had to be remanded. Have anyone had an appeal REMANDED twice? If so, what is usually going on where it would be a need for that?
  14. Well I don't know about this system but my appeal started in 2008 after my claim in 2004 was denied. My appeal finally went to a VLJ in 2015 who remanded it back to the RO for further development the it was sent back to the BVA in July 2015 from the RO. Then today while on Ebenefit I saw where the VLJ REMANDED my appeal back to the RO again for development. I like this can't be, what kind of mess is this, did I piss somebody off. Why is this happening to me? I just can't figure this out. All these years I am still getting the run around! Is this normal for an appeal to be remanded twice?
  15. Yes it is, today I checked my bank account and was surprised to see my clothing allowance was post to my account. First time that I got it in August, usually won't see it until November.