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    • Buck, Hope the biopsy comes back clean, And good luck if you have the surgery.  Don't put that off (like my Dad), it don't get better with age. Hamslice    
    • I don't think civilians understand VA disability.  They lump it in with SSDI and Insurance disabilities.  Not the same. The VA comp is the difference between when you signed up and when you left service.  They bought you at 100%.  You either retire (or leave) at 100% or they pay the difference. A total guess, but your 40% could be from limited Range of Motion, or even required bed rest. How riding a bike or playing volleyball a investigator could determine your ROM, etc., would be a good read. I would imagine your disability(s) are static, which means permanent (almost, I know, but I say permanent) I wonder how many phone calls the VA gets from civilians questioning a Veteran's compensation? I would not worry, Hamslice    
    • Glad she is your X. Sounds like a WJ1..Whack Job first class. The VA is not stalking you.   J
    • Buck, My prayers are sent your way and wish you the best!!  Thomas
    • I call bs also.  We used to regularly get hadit newbies trying to get information on how to game the system.  They quickly learned no such information was available here; and left just as quickly. It cannot be stressed enough that veterans be completely honest with their claims! It is perfectly legitimate to describe your average, or even your worse day, as opposed to your best day when discussing your condition; but it isn't alright to make up or grossly exaggerate your condition(s).  Once awarded, everyone should read the award letter very carefully!  Cross reference your awarded rating with the rating schedule in order to clearly understand exactly what you were awarded and why.  The degree of occupational and social impairment is critical!  We are not being compensated for our diminished quality of life.  We are being compensated for our diminished capacity to gain and maintain employment at the national poverty level or above. If you are in better medical and/or mental condition than your rating, the VA will get around the discovering that information through regular medical exams and C&P exams.  Until a vet has his/her rating continuously for 20 years, no rating is permanent and total. This is especially true with TDIU and total ratings for mental health. In many cases, it does not matter if you are being paid for what you are doing-the fact that you are capable of doing what you are doing matters. History repeats itself. Several years after the end of our involvement in Vietnam, the American taxpayers became aware of the huge cost of treating and compensating damaged veterans.  They didn't want to pay the bill, so they didn't.  As a consequence, veterans suffered and died alone and silent.  It is estimated that the cost of Iraq/Afghanistan veterans will exceed 5 trillion dollars over their lifetimes.  The taxpayers will not want to pay that bill either; and they won't.  So, once again, veterans will suffer and die, but hopefully not alone and with the internet-not silent.  If the newer generations of vets make enough noise, maybe those taxpayers can be shamed into honoring their obligations,  I wouldn't bet the farm on it.  





broncovet

Update On Time Frame For Bva Appeals

12 posts in this topic

I just got off the phone with the DAV, as well as the BVA. According to both of them, the BVA is currently adjuticating BVA claims docketed in 2008, and wont likely reach 2009 docketed appeals until late 2011 or early 2012. So, if you have a claim waiting at the BVA, you can keep this in perspective.

Hope this helps. Of course, if you have a hardship, etc and are eligible for an "advance on the docket", this does not apply.

Essentially, the BVA is 3 years behind...AFTER the claim is docketed.

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I just got off the phone with the DAV, as well as the BVA. According to both of them, the BVA is currently adjuticating BVA claims docketed in 2008, and wont likely reach 2009 docketed appeals until late 2011 or early 2012. So, if you have a claim waiting at the BVA, you can keep this in perspective.

Hope this helps. Of course, if you have a hardship, etc and are eligible for an "advance on the docket", this does not apply.

Essentially, the BVA is 3 years behind...AFTER the claim is docketed.

Thanks for the heads up,'broncovet'. Glad that you have an insider to talk to. Is your DAV NSO aware of the VA system wide conference call about two weeks ago, when it was mentioned that due to the hoop-la over the long claim wait time period, more staff members are needed to work new claims. A varo that I am aware of, kept a skeleton staff to work appeals, and moved everyone else in that section over to work new claims. jmho... This will create a bottleneck in the appeals section, and add months of additional wait time for DRO reviews and other appeals. I wonder how many other VAROs did this???

Edited by Commander Bob

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I just got off the phone with the DAV, as well as the BVA. According to both of them, the BVA is currently adjuticating BVA claims docketed in 2008, and wont likely reach 2009 docketed appeals until late 2011 or early 2012. So, if you have a claim waiting at the BVA, you can keep this in perspective.

Hope this helps. Of course, if you have a hardship, etc and are eligible for an "advance on the docket", this does not apply.

Essentially, the BVA is 3 years behind...AFTER the claim is docketed.

Unfortunately, there is and always will be more to the story. From my understanding BVA is working on docket year 2009 but the POAs are further behind like 2008, 2007 and some 2006. Of course all this does not really matter because if BVA is working on 2009 as soon as the POAs complete a review of the veterans' claims, those claims will have to be worked in before the 2009 claims. Keep in mind that administration (paper work) is a never ending cycle, it is a creature that can not be tamed. In any other field you can at least complete one project and move on to another but not paper work.

Edited by pete992

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What about remands from CAVC? My claim was remaned back to BVA from CAVC. It has already been 5 years. You know you can end up going to federal court if you fail at CAVC. It happens in many important cases. It happened in Cushman vs VA which is a very important case. This guy has been waiting for years if not decades. If you have a CUE everyone should look up Cushman 2009. This is a case where VA forged/altered medical records after the fact to defeat a veteran's TDIU claim. This goes to all cases where the VA did not use all the evidence in a claim since the court decided the vet's due process rights were violated. So if the VA shredded/lost/ignored your evidence they violated your due process rights. You have to prove it, of course. If you consider that you start a claim at RO and it ends up in federal court and then is remanded all the way back to CAVC/BVA and even RO this could be ten years.

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What about remands from CAVC? My claim was remanded back to BVA from CAVC. It has already been 5 years. You know you can end up going to federal court if you fail at CAVC. It happens in many important cases. It happened in Cushman vs VA which is a very important case. This guy has been waiting for years if not decades. If you have a CUE everyone should look up Cushman 2009. This is a case where VA forged/altered medical records after the fact to defeat a veteran's TDIU claim. This goes to all cases where the VA did not use all the evidence in a claim since the court decided the vet's due process rights were violated. So if the VA shredded/lost/ignored your evidence they violated your due process rights. You have to prove it, of course. If you consider that you start a claim at RO and it ends up in federal court and then is remanded all the way back to CAVC/BVA and even RO this could be ten years.

John999

Yes, you are correct, claims that are remanded from the CAVC will also take priority over the current claims pending and claims on remand from BVA.

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Is that time before or after the folks do the doctor shopping thing? Sorry to be such a downer, but this has just happened to me after 6 years waiting. I guess National Institutes studies, China's Orthopedic Hospital studies, Finnish Research studies, as well as, the doctrine of equipoise, or doctors statements more likely than not,,,is enough evidence to determine some claims.:dry:: Which begs the question: Could the government spending money on research that the government ignores be a frugal use of taxpayer money? And, could that be part of the government deficit that is in the news?

Edited by shag

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