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11cvolley

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Posts posted by 11cvolley

    Really BVA....

    in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC

    Posted · Edited by 11cvolley

    I haven't got the letter in the mail yet, but I checked E-Ben for signs if the BVA approved me for an earlier back date and I found this when generating the detailed benefit letter that states you're P&T. It says my date of 100% is on 02-01-2016.  I don't remember if this is the original back date; so, I compared it to when I got my first monthly comp payment. My first monthly comp payment was in 11-01-2016... So it would appear the BVA has only granted me an extra 8 months of backpay? 

     

    [edit] Nevermind. Lawyer just confirmed that nothing has changed yet.

    Case with veteran law judge

    in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC

    Posted

    21 hours ago, Gastone said:

    Then there is also this, you have BVA Judges, then you have the BVA SR Judge that actually reviews the Jr BVA Judge, sort of a Judge Clerk  Lawyer that makes sure and all the Legal I an T's are taken care of. These BVA Hearing (Judge Rep) may or may not ask extensive questioning, or just a couple questions. Final SR BVA Judges Decision can take 10++ mos .

    10 Months just for a better back date... Wow... My lawyer must be smoking crack to think i'll the back pay this year then.

    Dental for son?

    in CHAMPVA

    Posted

    Just got my son's ChampVA card in the mail. It says limited dental coverage. Is there a way to get dental coverage? He does have 3 cavities and may need braces in the future. Thank you for any help.

    PLEASE Need to talk about this ASAP

    in VA Disability Claims Research

    Posted

    1 minute ago, seminoles said:

    I am trying understand, you filed a claim, you received the final award and it gave you a rating and also stated they found you incompetent and they were going to appoint you a fiduciary which you then filed a NOD?

    Yes, in oct 13 2016, but I thought it was a proposal. My lawyer and va doctor submitted evidence in support of me being competent. Fastforward to now. It is finally in the decision phase as of NOV-9th 201

    PLEASE Need to talk about this ASAP

    in VA Disability Claims Research

    Posted

    39 minutes ago, seminoles said:

    If your doctors that your have been seeing are saying your are competent and the cp examiner is who said you aren't, is that what happened?  Yes, but I did not have evidence from my doctor countering the CP examiner. Didn't know I would as I had no clue the examiner put me in as incompetent. 

     

    Then you filed a NOD?  Yes

     

    What has been the chain of events that occurred stating you were incompetent, who and then what happened?  I got my ptsd VA doctor to say I am competent.

    That letter was over a year ago!  This is bs.   Post a timeline of what occurred to have them make this decision and what you did afterwards.........hopefully someone can then give you advice.  I have a few ideas that have helped me.

     

    PLEASE Need to talk about this ASAP

    in VA Disability Claims Research

    Posted · Edited by 11cvolley

    I talked to my lawyer and I am waiting for her to call me back, but basically I am a dumb-___. She is 90% positive this is what was stated in my original decision from oct 13th 2016. The same one that just went to the decision phase this month. 

    edit: She thinks who-ever replied to my iris request just quoted what I was told back in 2016 decision and my claim/appeal is still in the decision phase. It only went to decision phase on the 9th of this month.

    PLEASE Need to talk about this ASAP

    in VA Disability Claims Research

    Posted

    Here is what I just got in an e-mail....

    [

    This is in response to your inquiry to the Department of Veterans Affairs (VA) dated November 7, 2017.

    Thank you for your service to our country.

    We apologize for the delay in responding to your inquiry. We are currently experiencing a large volume of inquiries and are working as quickly as possible to respond to each in a timely manner.

    On October 13, 2016, we established a claim to appoint a fiduciary (i.e., an individual appointed by VA to assist the beneficiary with their financial affairs) for you, as you were found to be incompetent for VA purposes. This claim is open and in the initial stages of processing. The fiduciary department will contact both you and the proposed fiduciary (if applicable) if additional documentation is required and/or to schedule a field exam. When a fiduciary is approved, the payee in your record will be updated to reflect the name of the appointed fiduciary. We are unable to provide a time frame for completion with regard to this specific type of claim. 

    Generally speaking, compensation and pension inquiries are received at the National Inquiry Response Center in Salt Lake City, Utah. Like the national call center, we answer questions and concerns based on the information available in our systems (which is updated by the regional office processing the claim).

    Unfortunately, our office does not have control over the time our regional offices are taking to process claims. Although we empathize, we are processing each claim as fast and efficiently as possible.

     

    ]

     

    My VA doctor, lawyer submitted everything possible to support me being competent... I can't get a hold of my lawyer and really need someone to talk to me about this. Is it possible this will be over turned BEFORE someone takes over my money?

    Decision phase time frame?

    in VA Disability Claims Research

    Posted · Edited by 11cvolley

    17 hours ago, Gastone said:

    Did you Appeal the original Fiduciary Appointment? Did you have an in-home meeting with the VA Fiduciary Social Worker? What did he/she opine regarding your need for a Fiduciary?

    Have you addressed the possibility of a Fiduciary Appointment in regards to your VA Direct Deposit Bank/Credit union Accounts current balance?

    My lawyer had me meet with my VA doctor that has been treating me for ptsd. The VA doctor filled out forms and said I am able to handle my own money. My lawyer went over everything and submitted all the evidence and pretty much guaranteed I would be found able to handle my own money. This was a standard claim because my ptsd /w dysthymic disorder was increased to 100% p/t.

    So...

    - No; this is not an appeal. it is a claim

    - No; I never had an in-home meeting 

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