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    • Completed Claim
      I've been following my claims process through EBenefits. My claim status says completed however its been 3.5 weeks and still have not received my  determination letter. Since I'm extremely familiar with the process due to previous completed claims my determination letter were at my residence within 7-10 days. Since its been 2 years in the making and a prod from my congressman I deserve the written decision now!
    • What Protections come from being P&T?
      Did some research and found the following information. I going to post it for those who are also interested in this topic What is a Permanent & Total rating? In the language of your VA, the word permanent does not mean that your benefit is permanent! To have a 100% P & T rating only implies that your dependents are eligible for benefits like DEA & CHAMPVA. Your rating is NOT protected! There is but one way to achieve a "protected" rating...you must hold it uninterrupted for 20 years. Until you've held the rating for 20 years VA may contact you at any time to evaluate (and lower) your rating. How do you know if your rating is temporary or permanent? You go to your original award letter and look for the secret codes VA likes to use to confuse you. If your award letter says "No future exams are scheduled..." that means that your rating is permanent. If you see "Eligibility to dependents Chapter 35 DEA / CHAMPVA are established", your rating is permanent. Those phrases may differ from one VA Regional Office (VARO) to the next but there should be something similar on your award letter. If you see "Future exams are scheduled" or similar, or no reference at all to future exams or other dependents benefits, your award is probably temporary. VA establishes the rating as permanent when there is little chance that the condition will improve. VA makes a lot of mistakes when establishing the permanence of a rating. It's up to you to know what to do...nobody will do this for you. As a rule, most mental health conditions and cancers will be temporary ratings. A veteran must hold a 100% permanent rating for 10 years, uninterrupted, for his/her family to be eligible to apply for DIC benefits should the veteran die of anything other than a service connected condition
    • Read First If Getting An Imo
      bumping it up... again...I had to use Google to find it.
    • Denied Sleep Apnea Claim
      As long as the IMO conformed to the IMO criteria here at hadit, the IMO could be OK. But maybe not enough. Have you attempted to contact any buddy who was in your unit and bunked with you in the Mil? Fatigue---did this ever show up for any disciplinary actions because you were late for duty or too tired in the job? That stuff can be found in the 201 Personnel file the Mil has on every service person.  He did refer from what I understand here, to your SMRs.What type of doctor did the IMO? Did they attach a CV or at least a rendition of their expertise?
    • Should I file a CUE or leave NOD in place?
      I have reposted this because originally I had posted it under someone else's question and I was asked to repost under a new topic.  Simply because I might get more answers and also there might be other VETs out there with a similar situation who could benefit from the advice given.  I hope I am not repeating someone else's question.  This is not at all easy to understand.  So I'll just ask.  I was discharged in 1984 from the Navy.  I had married an active duty Navy enlisted and so my health care was still at the same base I was discharged from.  After 3 months post discharge the Doctor that was handling my health care suggested I file a claim for Asthma service connected.  Because when I joined the Service in 1980 I did not have Asthma but when I was discharged I was being treated for Asthma.  So I filed the Claim in December if 1984.  I was discharged the last day of March 1984.  And my discharge was honorable so no problem there.  The initial claim was that I filed was for Bronchial Asthma service connected. and it was denied in 1985. I didn't appeal it because back then I didn't know anything about appealing the denial and just figured that was it.  The denial stated THE EVIDENCE DOES NOT ESTABLISH SERVICE CONNECTION FOR THE FOLLOWING BRONCHIAL ASTHMA DUE TO ALLERGY.  Bronchial Asthma denied. (Funny that is what causes Asthma Allergies.  but god knows I grew up on a farm and never had any problems with allergies at least not so much as to cause me a problem with breathing.  And I had never been diagnosed with any allergies either before entering the service.)  Anyway time passed and I forgot all about this claim.  in 1997 I began receiving SSDI and part of my disability was the Asthma and by then I also had COPD.  More time passed and in 2014 the VSO in the town I live in suggested I file a claim with the VA for service connected disability for asthma. So I did.  And after again submitting to PFTs done by the VA I was approved at 60%.  Now I would never have questioned anything after that except that when I filed for the COPD and a few other items I was told that my representative was the DAV.  And I asked why was the DAV my representative and who in the DAV was.  And I was told told that back in 1984 I picked the DAV to represent me.  And I said "  I did???  Why would I do that?  and that response was "because you filed a claim back then.  That was when I thought SHIT I need to get a copy of all my records.  SO I finally did and that is when I learned and remember filing that claim.    So Here is my question.  Since Nothing except the severity of the Asthma has changed since 1984.  Would that initial claim be a CUE?   Wouldn't it be right to file a CUE regarding that claim so that the effective date of the current claim would date back to 1984?   Currently I have a NOD filed regarding the effective date.  But I really feel it is a CUE.  Is that right or not?    And if someone does answer this could you answer like you are explain this shit to a two year old!!!! LMAO  because All of this is just so Damn confusing to me!!!    Thanks a lot,       I was asked to scan and post some VA C&P reports and I will do that as soon as I get back from meeting with my Local Congressman.  I will keep you all in mind as I ask him about doing the back up of VET Appeals!!! And other Veteran topics!!!  Aileen
    • Social Security disability
      Only you can decide what is best for you bud. I get SSDI along with my 100% VA P&T, and I am only 34. I get where you are coming from and as Vets we Deserve every Dollar and Benefit that we worked hard for. Problem is with some Retirements or Pensions they start to work against each other. The Govt likes to refer to it as (Double Dipping). Just sit down read the Regs and do the math. If it is worth it for you, then go apply Online or at local SSA office on your own. My brother used a lawyer and it took him almost over 2 years to get SSDI. I filed on my own online, and was approve in less then 8 wks which is unheard of in Texas. Good luck and keep us posted. God Bless
    • What Protections come from being P&T?
      Thanks, This gives me a better understanding of this topic.
    • What Protections come from being P&T?
      Sorry to say that there is no protection. I am 100% P&T with no Future exams since last year. Well in February out of no where a Claim showed up on Ebenefits that said New for a SC condition that I have currently at 40%. Local VA called  me in for a Review Exam the following week. The Exam was not too comfortable thats for sure. Well this week the claim went to Complete, but my SC Disabilities %s did not change, and my AB8 letter still states 100% P&T. I think that the VA was trying to pull a fast one on me, as I am only 34 yrs old, yet I am Medically Retired from the Navy, and Permanent SSDI disabled. Always and I Mean Always keep up with your treatment, and never get too comfortable bud.
    • What Protections come from being P&T?
      When a veteran gets P & T, VA is not likely to reduce his/her combined rating. P & T is the same for shcedular and TDIU it's benefits for a veterans dependents and medical care. There is no real protection until a rating hits 20 years. Here are the other benefits http://www.vba.va.gov/pubs/forms/VBA-21-8760-ARE.pdf
    • Howell criteria for SMC S.
      As Alex succinctly pointed out with his review of Howell, SMC S (housebound) is not meant JUST for Vets who can not leave the home "at all" but also for those who can not leave the home "for work".   https://asknod.org/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/ But, you need to recognize the implications of Howell.  This suggests if you are 100 percent and not working, you should get SMC S, because, if you are not working then you are not leaving the home "for work".   Im currently in appeal for this very issue.  Im not alleging I dont leave the home "at all" but that I dont leave the home "for work" as congress intended.  Remember, the SCOTUS has ruled when the intent of congress is determined that is the end of the matter.  In other words, the laws are not always clear, but when congressional "intent" is determined, then that is the way the Supreme Court will rule..."congress intent" And, in reference to Howell, the judge specifically stated that congress intent was to have SMC S not just for Vets who cant leave the home at all, but for Vets who can not leave the home "for work. Once you add the Howell criteria for SMC S, then I think many more vets will be eligible for SMC S...all of them that are not working..since they can not leave the home for work if they are not working.    

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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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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?

I think you have captured the essence of wait-time,'shag'. Sounds like you have all your ducks in a row, even your Peking ducks... love the "doctrine of equipoise", you cited.

I've always thought all the VA research slice of the pie, was a big obstacle and a part of the problem. However, I'm beginning to think in terms of maybe it's a tsunami of claims that has drowned the vets waiting on the beach for an answer from above... I truly think it's time to rebuild the system.... jmho

Edited by Commander Bob

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According to the NY Times and Veterans for common sense, the delay in Veterans claims is, in no small part, due to Obama's failure to appoint 3 desperately needed new judges to the CAVC:

http://www.veteransforcommonsense.org/index.php/veterans-category-articles/2319-new-york-times

jmho.. this problem goes beyond politics.

http://www.veteransptsdclassaction.org/2011-05-10_9th_Circuit_decision.pdf

C.B.

Edited by Commander Bob

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The Empire strikes back!

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The Empire strikes back!

May the force be with you...

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me thinks you're right Commander Bob, but you have lightened my mood. Falling on the Floor LOL about the Peking duck.....

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