mrp

I filed the NOD and was denied again by DRO , despite having C+P exam saying condition was " at least as likely as not " due to service in Gulf War. It was for Neuropathy ( of unknown cause ). I was denied for IU because the claim was denied, and now that I have had some newer claims bringinging me to 70%, the RO has told me several times that I cannot apply for IU on the newer claims because I still have an Appeal pending for IU. This seems crazy since I may have to wait years for the appeal even though I have newer conditions which would qualify me now without the older claim. I had a lot of help from Jim Bunker ( NGWRC) to write my statements for the appeal, and I know this will help me once I get a BVA hearing. but I don't know that anyone can speed the process of waiting for an appeal to go to BVA, and then waiting for it to be remanded by the RO. Too many years to wait.

No. Still waiting for BVA hearing due to denial of initial claims at St. Pete RO in 2008. unable to work since 2005, but cannot get IU unless claims awarded. Gulf War related ; RO did not apply rules under "undiagnosed illness " criteria.

I was mostly trying to show how an error was initially made in the other veterans case when he was denied, and hoping to avoid the same error when they evaluate my claim. What the BVA decision mostly showed , was that the secondary condition could ( and should ) recieve a separate rating from the first, and that it was not pyramiding for being part of same body system..

I have had other issues which I felt were unjustly denied, and this BVA case just seemed to be very supportive to avoid denial since it had the exact same 2 conditions ---- and most important === he was initially Denied by his RO but then was awarded at the BVA. I have unfortunately come to realize how long the appeal process can take, so I would like to try to avoid having to go to BVA like he did, and try to help the rater . It sounds like they do not have to consider it (?), but I didn't think it would hurt my claim to include it (??) Thanks for any advice.

When filing a claim for something that is secondary to an already service-connected disability, is it allowed, and appropriate, to submit a copy of a BVA case decision which was awarded for someone with the same issues. Will the rater accept this to support the initial claim , or is this something that is only helpful for an appeal ?

Thank you for your effort to explain the process in detail. I am not exactly sure what stage it is as far as transfer status, other than being told it is still at the RO. I think it has been certified, but awaiting docket and hearing. I have used the county(state) VSO at the VA Clinic to file the claim, but correspondence with RO always says American Legion is my rep and has POA. I don't know who would do the 656. I have sent much additional info to the RO to address the errors, but this was after the DRO denial and ssoc, so I don't know if they will acknowledge it, or if it will not be reviewed until it gets to the BVA hearing. I am mostly concerned about how long it will take to go through the BVA process and possible remand, since I am confident that the RO was in error. I was hoping that the RO would see their error and correct it before sending it to the BVA , and thereby shorten the process. Looks like I am in for a long process (BVA). Thanks again.

Carlie, I guess that is what I was interested in knowing ---- when they review it for " COMPLETENESS ", is it possible that if they made a mistake , that they will not want to send it to the BVA, and that could result in a quicker decision ( from the RO ) than having to wait for the BVA hearing. Thanks for your help.

if an appeal is awaiting a hearing at BVA ( no date yet ), is it possible that before sending it to the BVA that the Regional Office will re-review it and decide NOT to send it to the BVA ?

what about the difference between Wash DC and a Videoconference at the RO---- would Wash DC be a lot sooner than that ? ( Thanks for helping me decide)

does anyone know average wait time comparisons between them--- that is, HOW much longer will I be waiting to get a live hearing (Travel) at the RO versus at Wash DC

Thanks for the reply, I think you convinced me to choose a live hearing in DC. I hope my claim does not lose it's place in line if I change the choice.

I initially chose to have a Travel Board hearing for my appeal. I received letter asking if I wanted to choose other options which might be quicker: Video-conference, or live hearing in Washington. Any advice as to which option is the best choice, and if it would be significantly sooner. The RO is also very far, so going to Washington could be an option. Does a live hearing offer advantage over a videoconference ? Will waiting for Travel hearing be significantly longer, as the VA implies ?

wanted to add to question ---- if so, do I send it to the RO or to the BVA, or both ? ( Thanks for any help / advice)

my denied claim has been awaiting a travel Board hearing ( BVA). Is it too late to submit any further statement or evidence, pointing out the error that the RO made

I did use a rep ( state VSO). I have learned alot reading the GWV forum as well as the others. The VSO said to me, and in writing in the appeal, that they just didn't understand why it was denied. I believe that the raters were confused about the GWI criteria. I even used a copy of the recent Training Letter ( 10-01) to show that I met criteria, since this seemed to clarify what they missed the first time. It really came down to a medical opinion, and it just seems that the medical opinion was completely ignored. It is now pending BVA. I suspect it will prevail , but someday in the far away future.