vlb-all-products

vlb-c-file-manual


  • Topics

  • Member Statistics

    • Total Members
      16,015
    • Most Online
      3,604

    Newest Member
    Thomas54
    Joined
  • Forum Statistics

    • Total Topics
      61,360
    • Total Posts
      395,757
  • Posts

    • Your just like the rest of us, the wait for the IU Decision is an Axx Kicker. Just be sure you have your Direct Deposit Bank/CU account set up to Txt & Email you regarding all Financial transactions, real time. Over the Past 8 Years, my Retro's have always preceded the Award Letters by up to 3 months. Just Recently. 01/03/16 & 08/19 E-Ben actually listed Awards prior to Retro Hitting. Jan Retro Hit end of month and Rating Letter arrived 04/16. Aug  CUE Review Award Retro Hit my Bank at 5:10pm 8/24, Award Letter arrived 08/25. Semper Fi
    • All  Dx'd Severe PTSD Vets, SC'd or not, are already suffering from extreme Anxiety and Depression, that's a given based on the Severe DX. The emotional let down, of a Rating Decision that is Denied or much less than what the Vet Expected, can be devastating. Many a Vet that thinks a certain PTSD Rating is a lock, only to be shocked, disappointed and sometimes emotionally Devastated when the Award/Denial Letter arrives. I prefer to look and comment on any possible weaknesses I see in a claim, so the Vet can begin preparing for the NOD, if required. Absolutely nothing wrong with a Vet being ready, NOD Filing Locked & Cocked, ready to file if an adverse Decision is received. Being overly optimistic as to a Rating Decision, can take a persons Edge Off resulting in complacency, definitely not good. Nothing wrong with hoping or praying for the Best but I think you have to plan ahead, for the Worst. All the opine'rs on Hadit, by and large. want our fellow Vets to have the best possible outcome with regards to their Comp Claim. Back in 10, I thought my DSM IV PTSD C & P went great, after reviewing the C & P DBQ. The VA C & P Psychiatrist told me I definitely had PTSD, when I asked for his verdict, at the end of the Exam. When I compared his completed DBQ with the 38 cfr 4, my lay opinion was, I had 30% locked with a possible 50%, just maybe. Shows what my Lay MH opinion was worth back then, Rating came in 2 weeks later at PTSD 70% SC. Semper Fi
    • When I was filing claims you did not have to have new and material evidence to submit NOD.  All you are saying is that you do not agree with the VA's rating at some level.  Now it is good to point out exactly where and how you disagree and present new evidence to bolster your claim, but why do would you need new evidence just to appeal your claim.   I think what used to be true is that if you wanted to ''Reopen" your claim they VA demanded you have new and material evidence.  I don't know if that is still true or not, but consider if you reopen the same claim with same evidence you will probably lose because the VA will look at the prior decision and look for new evidence.  If they don't find any then they probably just rubber stamp the old denial.  I do not believe you need new evidence to appeal your denial or low ball rating.  I don't even think you need it to reopen a claim.  If someone can quote me the regulation that says you need New Evidence to appeal your claim I would really be grateful.  I don't want to give out bad advice.
    • So I see the disclaimers everywhere about how they are different agencies and how approval for TDIU doesn't guarantee SSDI and vice versa, even for only SC conditions, and have seen many vets here that have one and not the other. I did the bad thing and checked ebenefits today to see that my status changed from preparation for decision approval to pending notification (with est completion date for Mon-Tue), and back to prep for decision again all today. I was aware that this could happen as many of you have warned so I was prepared and wasn't expecting the status change so soon anyway. But what is worrying is that now there is a new entry under needed from others tab with a red status dot that says "SSA for med evid used in disab dec"...so I have not received a decision notification from SSA yet and submitted both applications about the same time for the same conditions. My anxiety is going through the roof now and I had to take a pill for it (which hasn't kicked in yet, I'm sorry guys but this is my release since I was just pacing frantically and working my way up to a full blown panic attack), because I was prepared for denial from SSA since I know most 1st time claims are denials, but now it looks like the VA will use SSA med evidence to decide on my TDIU claim?? I submitted the same exact medical evidence, nothing different. So if SSDI denies my claim (statistically likely) then I should probably expect a denial from VA, despite agencies and claimants saying that they don't rate the same, but it seems maybe things are changing like becoming more dependent? I saw on ebenefits too where they are building in a one button access to share va medical records with SSA (it's not working yet last I checked). But it seems like they are trying to get the agencies more in sync (which it seems like they logicially would be for things like TDIU or 100% for SC disabilities), but am I one of the ones stuck in that crappy transitional phase where people are figuring it out? Has anyone else had this status and how did it resolve? I know, I know, stop checking ebenefits. I wish they had a volunltary exclusion for people like me. And I know, prepare for the worst and let it work through the process. Sorry for the vent, this is my attempt at a better coping mechanism than my two current coping mechanisms which are take a pill for the anxiety (had to do anyway) or take a pill to make myself sleep through it. Thanks to anyone reading through this and bearing with me.





diablogun

Nod/dro Processing Time?

18 posts in this topic

Hi all,

I filed my NOD at the Phoenix VARO with a date of March 10, 2009, and am wondering how long you all have waited for a SOC after this point. My case is pretty clear cut and should result in a favorable outcome, but one can never be certain.

I would love to hear from you all how long it took in your experiences; I know that some have had a nightmare experince, but I would appreciate all outcomes. I have sent several IRIS inquiries but don't know how long my chances are for resolution. Thank you in advance :-)

Share this post


Link to post
Share on other sites



You might do an Iris Inquiry or ask your VSO to look on the computer.

Share this post


Link to post
Share on other sites

You could check them out as to their workload on their Morning Reports-

http://www.vba.va.gov/REPORTS/mmwr/index.asp

These are the weekly stats on the status of every RO workload.

The info can be difficult to interpret-

It is almost impossible to say how long a DRO review could take.

Filed NOD early 2005,got DRO review late 2005-but DRO couldnt read.(I assume that because all of my medical evidence was ignored)- Raised hell and got another DRO review,early 2006- my rep was there-he presented my IMOs to DRO, but DRO still didn't know how to read (she told the rep she didn't know how to read independent medical opinions).She got a VA opinion and somehow could read that.

Transferred to BVA in 2006, got an award April 2009.The BVA can read.

The best thing you can do-=because no one knows how long a claim will take to get to a DRO is to make sure you were able to comply with any evidence the VCAA letter requested and then check to make sure they have this evidence.

In the 6 years plus my claim took at VA - I had 6 years plus to gather more and more evidence.My feeling (after past experiences with my other claims) was even if a rater or DRO only considered one single piece of my evidence-each piece I sent to them was solid enough to award the claim.

My IMOs were the best evidence of all however- and they were continually ignored by the VA.

My neighbor filed a claim at same VARO in 2006 and in 8 months got an award letter.

I didnt even get a proper VCAA letter.

As the BVA web site reveals many many remands occur because VAROs fail to send a proper VCAA letter and response form to the claimant.It has happened so often that it must be a deliberate act on VA's part.

Without the VCAA letter stating exactly what evidence they need- the vet doesnt have a clue as to what evidence to send to them.

If they fail to list a Response form with the VCAA letter and fail to send it-

the VA has stalled countless claims because then they can deny and tell the vet they failed to respond- to the letter the VA failed to send them to respond with.

I have griped to H VAC and to the Sub Committee last year about this and told them that even my POA reps tried to pressure me to believe my VCAA letter was proper.

The BVA clearly saw it wasn't.

Any improper VCAA letter is highly prejudicial to any claimant and has caused thousands of VCAA remands at the BVA.

Things have perhaps changed.The remands over VCAA violations have decreased considerably as it appears at the BVA web site in the last year.

Check your VCAA letter ,make sure you responded to it and make sure you tried to comply with the evidence they requested in the letter.As miserable as it is to wait for a DRO review- this gives us time to secure more evidence.

Edited by Berta

Share this post


Link to post
Share on other sites

That is some good information you posted. Looking at the SOC column on a weekly basis, it looks like they may be doing 50 a week or so.

I will die if I have to wait as long as you for resolution on something that is so obvious :-) 6 years is insane.

Share this post


Link to post
Share on other sites

I filed an NOD in January of '09, and it was processed in February of '09, at the Regional office in Waco. My wife received a phone call in Aug. '09 stating they would review my case during that month. In Sept. I received a phone call from the VA asking martial questions. To date (Sept 26) I have yet to receive anything else.

Share this post


Link to post
Share on other sites

It sound slike you are getting close then; I wish I was :-)

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now