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11cvolley
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Posts posted by 11cvolley
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1 hour ago, rag ft myers said:
how did you find out they "started on it " ?
I was lucky enough to get someone on the phone that gave me the date when they started working on it.
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If the RO was any slower. They'd be going backwards. All they have to do in my case is calc backpay to a date teh BVA judge set and figurout lawyer fee. They started on 10-24 and estimate it'll be done by 01-19-2019... Just another hurry up and wait game.
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43 minutes ago, air1 said:
The BVA decision deemed limited probative value to VA examination because it was based on inaccurate medical history and ignored competent and credible lay statements regarding continuous nightmares since service. The VA rater ignores the BVA decision on probative value and gives the VA examination value in its denial. It also states MD H. E. did not do an in-person exam because he had me total social and occupational impairment due to mental health conditions, but I saw him in office and was prescribed meds.SSA records Adult Function questionnaire in my records show statements of me afraid of police after assault and nightmares, me spitting on the floor in OR, not getting along with bosses and how I do not trust people, I just like being alone, all this in SSA records in my file. they did not read my file. I check vets.gov and my file shows sent to BVA.I thought they wait 30 days. Well, at least money maybe come now.
It'll take some time. I had no remands. Only an award for more backdate that the BVA determined. All the RO has to do it the paperwork; which, they started on oct-24. They are saying ETA is Jan-19th now. For some reason its gonna take the RO over a month to do simple math. IE: how much my lawyer gets.
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Peggy is the #800 I believe.
#WH: https://www.va.gov/opa/pressrel/pressrelease.cfm?id=3980 Phone Number: 855-948-2311
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12 hours ago, CW1324 said:
I received a BVA grant and decision on 9/18. On 10/31 a new claim for Attorney fees was opened and it is expected to be done 12/15-1/19 same as yours. No updated rating on ebenefits and no back pay yet
I'd be willing to bet the VA will blame the hurricane affected veterans for this. Anything but their sloth like mentality.
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[11-02-2018] Called #WH since no one could give me an answer to as why my claim went from prep for notification to gathering evidence.
[11-05-2018] #WH emailed me an update. They confirmed, 'A decision has been rendered; however, it is not complete. The decision has to be entered into the computer and a letter has to be prepared.'
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This is where you leave it up to your lawyer.
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10 hours ago, Johhny_Drama said:
So did ebenefit show your increased rating right away ? I’m upset stressed because mine closed today but my rating is the same. I called VA and they said my current rating was the same and they would increase it once my thing closed. They said they can’t read the letter or go over result but he sorta answered my question if I was denied my appeal since like he’s saying my rating is still same. Does this make sense? Or would they close out and adjust rating later ?
No, it didn't change until the next Monday which was after the next payday. Back then getting someone on the phone was next to impossible. So I can't really say; however, Recently I noticed you'll get multiple varying answers from the #800 number if they don't give you the usual pre-wrote responses.
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21 minutes ago, Mercury-Vapor said:
I hope I can say the same thing some day before I die.....:) I happen to think the VA wants to wait us out...
I hope I am wrong about this, but I think I remember reading a forum post somewhere that said losing with a RAMP means you can't appeal it and keep the backdate? Maybe someone smarter than I can chime in.
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3 hours ago, Johhny_Drama said:
This is the Golden response that I may be looking for!
I currently have a claim and finally a c&p exams set up Nov 20th. I also had a appeal that started 9/2017 and i choose the RAMP on 8/2017. So today 10/31, I see that my appeal has been closed; decision made and letter sent. I see al of this on my EBenefits but my Disability rating remains the same. I figured that they denied my appeal and that is why my rating is the same? I was hoping the rating would change a day later and wanted to ask others here if they have noticed this same issue. Ebenifits updated with closed appeal but rating was the same for a few days, later changed etc. Some help with this , examples etc would be great. After waiting this long and no increase is a real kick in the face. Plus the VA can not or wont tell you anything ..
When I went from 70% to 100%. The first change I saw was on my monthly comp payment. And I was checking E-ben daily.
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24 minutes ago, Mercury-Vapor said:
Thanks Broncovet for the reply.
I really am disappointed with the RAMP process. When I decided to chose the new lane, I'd been in the old appeal process for almost 4 years with no hearing scheduled. I figured ok, lets see if this works. Despite having 2 PTSD C and P exams with a nexus in one of them as 'most likely' and the other As 'likely as not', I was not given an informal hearing by the DRO. I can't understand that, but I guess I'll wait to se what the decision is. This has been a long road from 1970 to here......:)
My lawyer and I both requested a hearing. Don't remember if it was formal or informal, but it never happened and I still won. So not all is lost.
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That is what it seems to be. I am on the attorney's fee part now, but I had no remand. So i'd be willing to bet you got some backpay coming.
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2 minutes ago, broncovet said:
Correct. Your are relying upon ebenefits which is always a bad idea. Here is my advice:
1. Make sure your address is up to date, as well as your banking information.
2. Relax, wait for the envelope or a call from your attorney. You may get paid before he does.
Thank you so much.
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My attorney fee went from prep of notification with a development letter sent out back to gathering evidence. With a complete date of 12-14-2018 to 01-18-2019.... This claim is for backpay that my lawyer won at the BVA with no remands.
Could this new completion date just be a 'dummy' date for that stage? I don't see how it could take that long. A few days ago the #800 said they were waiting on a final signature.
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[10-31-2018] I got a disappointing update. My attorney fee went from prep of notification with a development letter sent out back to gathering evidence. With a complete date of 12-14-2018 to 01-18-2019....... What a bunch of BS...
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I can't believe the VA would grant him SC for PTSD based on seeing someone commit suicide. Or how the VA couldn't piece together he wasn't even there before granting him SC.
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58 minutes ago, asknod said:
Many of you do not recognize there are two distinctly different 100% ratings-be it for PTSD or any disability. If you are rated a true 100% schedular for your disease, and have been granted Chapter 35 DEA benefits, you can go back to work. On the other hand, if you are rated 70% and granted TDIU at the 100% rate, and also granted Chapter 35 DEA benefits, you cannot go back to work. There is one narrow exception if you are employed in a "sheltered" employment such as a family business where they include you on the payroll. By being TDIU, you are forbidden to work period except as I mentioned. If VA sees your SSI earnings show employment, you will lose the TDIU and have to pay it back.
After 20 years at any percentage, they cannot reduce or take away your rating. If you were rated at 60% for 20 years and then attained 100%, only the 60% would be protected. I fought VA for so long that when I finally won, both my 100% ratings were protected.
So I couldn't attempt to return to work without losing my 100% rating?
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Does the VA have some sort of system for 100% P&T veterans trying to return to work with no repercussions if they fail at returning to work?
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From what I was told with mental health claims by someone that use to work at the VA is this. Whatever % they give you. It is usually 30% less than what you should be rated at. This advice I received held true for me. I was originally granted 70% the first go and this ex VA employee told me that is low ball. Sure enough. With the help of a lawyer. I got bumped to 100% with just two appeals on the original 70% claim. First appeal I tried to do myself and the 2nd one my lawyer won.
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On 10/26/2018 at 2:33 PM, cds4344 said:
My father just had the BVA grant his appeal for A&A SMC. My father has had a long ongoing battle with the VA since 2006. He finally was granted %100 TDIU in 2016 Jan. (Almost 10 years later). After, Lawyers requested that we pursue A&A SMC. The A&A was initially denied back then (sometime in 2016), and we appealed it. Finally, on October 16, 2018, it shows "Granted, increased rating, special monthly compensation." We received the decision in the mail from the BVA, but no other information was given. Our lawyers aren't giving us any further info on what to expect next. He's currently 78. From researching, I've heard it goes back to VARO for a decision letter or rating information. My question is, can the VARO deny this again, or is the BVA the final say? Also, any info on recent VARO processing times after BVA granting an appeal?
I'm keeping track and posting update to my thread about this. Hopefully it'll help others in the future. From what others have shared and what info I got from my lawyer. The VARO has up to 30 days to begin working on your claim when they receive it from the BVA. Then there is the possibility of an audit if you're retired or others (IE: lawyer) need to be paid. Next they start working on the award and sending out notification letters in regards to lawyer fee. Assumption is once the lawyer fee letter(s) are sent. expect up to 3 weeks to see backpay.
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1 hour ago, hume0351 said:
It's up to the RO ro rate you. The judge can only grant a disability on evidence, not give a rating. Waiting on the RO can take a long time. Depends on how backlogged it is.
Oh, well in my case there is no need for a rating. That's kinda what I meant the difference between your case and mine. If I were waiting for the RO to give me a new rating; i'd just assume it'd be a year out; however, in my case. The RO only needs to do paperwork on a backdate set by the BVA judge. I was also surprised to not find any topics like my own. Where the veteran is only granted an earlier backdate by the bva judge.
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2 hours ago, hume0351 said:
I had a BVA grant May 1st. Haven't seen any movement until September when my rep filed for their fees. Then rep received email telling them my rating and how far back I was getting payed. Was told it could take up to 90 days for implementation from September 27. Good luck with yours. Mine was a partial grant with 1 remand.
Did the BVA judge also rate you or is that up to the RO? I know that can take a lot more time.
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[10/26/2018] E-Ben shows the Lawyer Fee determination claim in the notification stage with Notification letter sent. Yesterday it was awaiting one final signature.
Grant Pending ?
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
idk if it's they can't or if they don't know how to look at the information. Some of them are just lazy. I had one person on the phone and I asked if there was any updates and without hesitation he gave the usual line, 'if we need anything we will contact you. blah blah blah.' I called back a few minutes later and the lady that answered was very helpful. She said my claim is awaiting a final signature. So its best not to put to much stock into E-ben or the #800. Even knowing that myself it gets my anxiety going and irritates me.