Jump to content
VA Disability Community via Hadit.com

Ask Your VA   Claims Questions | Read Current Posts 
Read Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

11cvolley

Senior Chief Petty Officer
 View Profile  See their activity

  • Posts

    512

  • Joined

  • Last visited

  • Days Won

    7

 Content Type 

Posts posted by 11cvolley

    E-ben stat help please

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

    Posted

    So my lawyer and I both received, Statement of the Case, and have been waiting for my case to be moved to the BVA. I logged onto E-ben today to see if there is anything new. Here is what it says now under claim stat.

    • Current Progress: Appeal pending - Notice of Disagreement           Location: Originating VA Officef

    A little backstory... Not to long ago it basically said that a decision has been made and is waiting to be transfered to the BVA. The only action my lawyer took after getting the SOC was to have my VA doctor fill out a form stating I couldn't hold gainful employment. Basically the document my va doc filled out countered the VSO's reason to deny me 100% or IU. Now e-ben has my case back to this step. But the VA has not informed me or my lawyer of anything and according to my laywer, 'we are waiting on the BVA stage.' Anyone have any idea if the VSO is rethinking their decision or what?

    length of decision approval?

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

    Posted

    Have u sent an iris yet?

    What is that?

     

    Hmm... Sounds like yours and my ebenefits experiences are similar. When I was using it, the status never changed.

    Well, if PTSD/IU showed up, that could be a good sign that they finally got to your claims.

    800# finally worked, but they don't see what is on e-ben. Their latest remarks are that they received my ssdi files and are waiting for a dro decision. 

    length of decision approval?

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

    Posted

    Here is the part I don't get. I originally put in my NOD with a letter stating they didn't take my ssdi into account, which is solely based on my VA medical records for ptsd. I also stated I am seeking 100% and/or IU. The longest time e-ben has just said your appeal is pending.

    (Roughly 3yrs go by)

    Then about a 3 weeks to a month ago two pending disabilities showed up on e-ben. They're labeled, ptsd and IU. Both pending decision approval. 

    length of decision approval?

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

    Posted

    11cvolley,
    Have you looked on ebenefits? Don't check every single day though (to help keep your sanity). In my case, I never saw the status changed, but many here say they can see it bounce back and forth. If you see it do that, don't be discouraged if it suddenly goes back to gathering evidence.

    The 1-800 is famous for always being busy. I recommend you start calling early in the day. If you try later, you'll get the BS message that all agents are busy and to try again later.

    I been checking e-ben everyday. Been on, pending decision approval, for roughly 3 weeks now.

    E-ben good news???

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

    Posted

    Do you currently have any Claims in for Increase? The IU may be for an "Inferred Claim" from a recent award. You still have to: 1. File the claim for IU. 2. Meet the IU Employment/Income guidelines.

    What is your current PTSD SC Rating? Have you had in excess of the VA $12,400.00 (Substantially Gainful Income, SGI) in earned income, over the past 12 months?

    Semper Fi

    I filed for the increase and IU back in 2012. Got denied, and filed NOD. Its been over 2 years since I filed the NOD. I'm currently 70% for ptsd and nothing else. I have not worked since mid 2010 I think. Mid 2010 or 2011. 

    1,000+ Days And Counting...

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

    Posted

    Volley

    Those numbers include DRO review, which is the same as a SOC. SOC normally means your claim is denied by the DRO, or at least part of your claim was denied. The 2014 average for DRO review is 330 days. I will guess if you requested a hearing, then cancelled it, it will start all over from day one, but can not confirm.

    Mostly, remember the VA is not a "unified body". One VA employee will tell you x and anther will often tell you y. When it finally happens, it happens as z. Its frustrating and even more frustrating not knowing.

    A DRO is unlikely to be productive unless your "new evidence" was compelling. Example:

    You got denied as Doc A opined it was not related to military service. You get Doc B who opined it was related to service. But...if Doc A read your service records, and so stated, and Doc B did not, expect it to be denied again.

    Hopefully, you did a great job with your NOD. I suggest you keep "your opinion" out of it. They dont care what your opinion is. For example,

    hopefully your NOD looked something like this:

    While Doc A did opine this was less likely than not due to military service, BOTH Doc B and Doc C opined this was at least as likely due to military service. (Doc B and Doc C exams are enclosed.) Further, CAVC case Joevet vs Shinseki, indicated, " ........".

    That's the thing. The C&P I had for my request for an increase went in my favor. Lawyer confirmed it as well. The doctor wrote that I am much worse than prev thought, ect, ect. But the RO decided to use one sentence to deny my. 'Veteran plays a pc game that takes many hours, concentration to play; therefor, the veteran is able to do some work.' Then the RO failed to get my ssdi records that state I get ssdi solely for my service connected ptsd.

    I'm seriously thinking I should go to my local ssdi office and ask them if they can give me the medical papers stating why I am getting ssdi, and send it to the RO myself.

    1,000+ Days And Counting...

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

    Posted

    So it has been almost 1,100 days since I filed my nod requesting a DRO instead of going straight to the bva. I called the 800# and asked if there has been any updates. Nope, just the usual, 'your case is awaiting a dro to make a decision...' The one new thing I never heard of them having on my file is a congressional letter earlier this year. I guess the digital letter I sent through a gov site to Obama actually got read. Is there anything I can do or ask my va lawyer to do to speed this up?

    With Dro, Scanning Documents

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

    Posted · Edited by 11cvolley

    I'm almost positive I asked for a personal hearing, but I did state on a separate letter I attached to my nod that I would wave a hearing if a discussion in my favor was made.

    edit: When I asked the 800# person if she could give me details about this document scan she started to tell me that I could call back in 10 days if I don't get anything in the mail. I then asked her if that means a decision was made. She says that they, the 800#, don't get detailed info and that I should just wait the 10 days.

×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept