[A Year Into Claim]

The same release of information form you use to get copies of your regular medical records at the vamc would be the same form you would request a copy of your c&p exam with. If all you want is the c&p report just let the clerk know this and give him/her the date of the exam and that should be all you should need?

[Lower Back; Help Please]

Aremihc

Spondylolishtesis is acquired 100% from spondylolysis. When the va said it was an acquired condition they were absolutely correct. Spondylolysis cannot be service connected due to being a congential condition BUT if you claim that your spondylolishtesis was SUPERIMPOSED UPON by your spondylolysis which caused the other conditions with your low back you will win .Reason saying without me even seeing your reasons and basis for denial i bet you some of there reasoning was that it was a defect and defects are not service connected. The va WILL NOT tell you this SUPERIMPOSED THEORY but if you research bva and cavc cases involving spondylolysis you will see how veteran law judges view these condtions and their decisions on SUPERIMPOSED CONGENTIAL CONDITIONS. VA will say spondylolysis pre existed your service which PROBALY is true so since it was pre existing your military service you can claim AGGRAVATION of your pre existing spondylolysis, or you could just claim direct service connection of Spondylolishtesis, SUPERIMPOSED UPON by the rigors of your military service as an INFANTRYMAN. That and fact that va and the dod has already admitted that it is an acquired condition. ACQUIRED HOW? Stresses of military service, heavy back packs, etc. My opinion is that you have the evidence you need you just need to research and use the wisdom that's here at hadit. The condition you have will cause a variety of other conditions to develop if not taken care of properly. I know because i have the same condtion and i know what you are dealing with as far as the pain, depression or just the struggles of everyday life.I'm total disabled on ssdi for this condition.Hang in there WE WILL WIN THIS.

[New Evidence For Bva]

deanbrt:

I agree with your assesments totally. As stated earlier in this thread my file is now with the VLJ and when something changes as to my status i will let the board know this information. It was 530 day's from NOD 09/16/2010 to 03/13/2012 CERTIFICATION to BVA. My total delay time from denial of claim to submission of my NOD was only 3 day's. As stated earlier the major delay's are times waiting for hearing's either at the dro level (such as mine)or at the bva level and also VSO'S holding up review,s at both varo and bva levels of appeals. All this waiting already compounded by the fact that the raters and dro's never READ or COMPREHEND the evidence in front of them has really convinced me that the DRO REVIEW routes are a total complete waste of time. After all this if the VLJ has remanded any or all your claim you still wait in another line to get re-adjudicated all over again by the same idiot's who more times than not wrongfully denied your claim the first time. I DIDN'T SIGN UP FOR THIS BS. LOL.

calie:

There will never be enough excuses to why your claim's took 10 years, and still today no FINAL adjudication. You are an exception, no doubt. I really admire your patience and stamina.

[New Evidence For Bva]

I would have to agree with you Deanbrt, as once my claim finally was certified and actually sent to bva, it was processed and is now at stage 4 (with vlj).

03/13/12 Certification Ro

03/21/12 Recieved by BVA BVA

03/21/12 Admin case processing BVA

03/22/12 WITH VLJ BVA

03/27/12 WITH VSO BVA (At this point i revoked poa with american legion for reasons stated earlier in this thread, relating to the unnesessary delay's,and from my expirience's as not being as proactive as i am concerning my claim/appeal. Not at all recommending this for everyone, but i feel i can win this on my own)

03/27/12 WITH VLJ

03/27/12 WITH VSO

04/17/12 WITH VLJ

04/19/12 WITH VLJ

As posted earlier the delays for final adjudication at bva whether approvals, remands or denial's seems to be time waiting for bva hearings, and vso's at the bva intentionally holding files for review because of their own backlog. According to the 2011congressional report to the secretary of veterans affairs the bva itself was adjudicating appeals in the timeline of 119 day's, and in this timeframe the bva MUST allow you 90 day's to either change represetation, submit new evidence or ask for a hearing.119 - 90 alway's equal 29. You be the judge.

[Regular Ss Versus Ssd]

Also in order to draw from wife's or ex- wife's record you must be married 10 year's or more. I myself am planning this scenario as my wife has more work credit's or will have paid more into social security than i have during my lifetime because of my disabilities.

[Regular Ss Versus Ssd]

Either he's at least age 62 drawing off early retirement on his previous work credit's, or drawing off spouses, or previous spouses work credit's, or in fact drawing ssdi. Ssi is definetly off the table as this is need based, and not possible with a 100% va disability.

[Denied Increase In Ptsd And Tdiu]

Something to attack your recent denial in your case would be Hattlestad v. Brown, 5 vet.app.395(1993) and Blackburn v. brown, 4 vet.app. 524(1993) and VA Training letter 10-07, sept.14, 2010. You already have the va examiner's strong opinion as strong evidence of unemployability.Pound this evidence and these precedents rulings into your arguments on appeal and eventually someone who can READ AND COMPREHEND EVIDENCE will see this and do the right thing in your case.Tdiu cases are supposed to be considered on a case by case theory. The key to your situation would be that in determining entitlement to TDIU evaluations, a CLEAR explanation requires analysis of the CURRENT DEGREE OF UNEMPLOYABILITY ATTRIBUTABLE to the SERVICE-CONNECTED condition as compared to the degree of UNEMPLOYABILITY ATTRIBUTABLE to the NON-SERVICE CONNECTED CONDITION(S).

[New Evidence For Bva]

qwikstring:

Ulcers,peptic(gastric or duodenal) can be service connected under the chronic statue 38c.f.r. 3. 303(b) as a chronic disease which is listed as a chronic condtion under 3.309(a). IF you have all the evidence as being chronic in service, and a diagnosis today as chronic, being a combat veteran no further evidence would be required IFand only if you you have the evidence. PLEASE read 38 c.f.r. 3 .303(b) through 3.309(a) to see if you can work your claim from this point of view. Also you should alway's work your appeal from the (soc) statement of case reasons and basis the varo gave for the denial of your claim. If they did NOT consider your claim under the chronic provisions as required by law YOU should definetly present this as argument to bva .BVA judges will see this mistake by the varo, but YOU must be sure you qualify under this statue, and argue this to the vlj while QUOTING ALL STATUES THAT APPLY.Also my opinion only is that revoking the DAV and assinging the AMERICAN LEGION would definetly make your appeal go backwards as it would just sit with them also for no reason at all without any help or arguments that would help or benefit your appeal in any way, BUT this is just my opinion only. I found out the hard way that NOBODY CARES MORE ABOUT MY CLAIM THAN ME. Enlist help from the ELDER'S on this site and you will eventually win this claim. Good Luck.

[New Evidence For Bva]

IF you feel you have a good claim and all the new evidence needed to win your claim, you could revoke your poa with the dva and move your claim back to the vlj review, but only if you feel your claim is solid with the new evidence you have.Also do not forget to waive regional office consideration when you send any new evidence to the bva.Vso's at the bva level is in fact the major holdup time while appeals are in washington,dc. BVA current's timeline after reciept of file in 2011 was 242 day's.From my own experience vso's even when they get to your file for review they still will only just submit a check off on the 646 and just send it back to the vlj as is without any argument's that would benefit you and your appeal. AGAIN THIS MY EXPIERENCE ONLY.Your appeal has been with the dva all this time and you didn't question why. I'm sure other's will or should reply . Good luck

[Lumbar Spondylosis]

Are you positive that your diagnosis is indeed spondylosis or spondylolysis with associated anterolisthesis which in turn gives you a diagnosis as spondylolisthesis. Reason being is that if diagnosis is spondylosis this is just simple arthritis whether degenerative or osteoarthritis, where in spondylolysis is a congential defect and will never be service connected by va unless you can actually show by medical evidence that it was superimposed on during service thereby causing the spondylolisthesis which in return will automatically get you service connected. You must be sure of the correct diagnosis's, because if you in fact have spondylolysis, va will just deny as being a congential defect which as already stated is not service connectable. Please make sure of this to maybe save you some time with va as i myself have already been down this path with va .If you have any radiculopathy you could maybe also claim radiculopathy as secondary to spondylosis,spondylolisthesis and facet disease. If all this is recorded as bilateral indeed claim the bilateral as previously mentioned the neuro part of this will be your ticket as far as a decent rating.

[2011 Bva Cycle Times]

According to the Chairman of the Board of Veterans Appeals ( Bva's) 2011 annual report to the Secretary of the Department of Veterans Affairs, the average time once file is certified and in reciept at bva and a decision is rendered is 240 days. Of these 240 days, 119 of them is the average cycle time for bva,s time to make that decision, with the remaining 121 days being the average time your vso has the file for review or arguments before returning file to the VLJ. This is interesting in that my appeal has been certified and been with the VLJ since the 23rd. of march 2012 and i am representing myself after revocation of my POA, and waiving reconsideration of regional office consideration.

[Dro Failed To Read The Evidence. 18 Months Waisted.]

Yes i will try to scan all decisions ,c&p opinions etc. and yes wings i had my hearing with the dro in oct. 2011. This is a claim for aggravation of a pre existing back condtion that i filed for coming out of service in 1983 in which i did not complete due to all my service treatment records being lost somewhere between the time i turned them in at outprocessing and the next day when it came time for my exam. The army never even gave me an exam out of service, even after filing the claim in 1983. So you can see the problem im having by not having these records as the va keep denying my claim saying i have no "CORROBORATING" evidence, when the corroborating evidence are my service records which the government lost.( talk about idiot's). Buddy statements submitted, which in the statement of case states all are credible, probative etc. but the c&p examiner because she could not "CORROBORATE" with service records it is less likely as not to no aggravation.this was her only rational, and sole reason for this opinion. I wish i would have known half the things ive learned on this site years ago. i have quoted" BUCHANAN V. NICHOLSON, McLENDON V. NICHOLSON, NIEVES-RODRIGUEZ V. PEAKE AND STEFL V. NICHOLSON all to no avail so i just want this out of this varo asap.

[Dro Failed To Read The Evidence. 18 Months Waisted.]

What is the timeline these days for completion of bva appeals? I appealed using the dro review process with a hearing at the oakland ca. regional office and im fully convinced now, that this process is worst than an a crap shoot, and these people are just plain ole incompetent, overpaid paper pushers stealing taxpayers money.Sad part about this is, it all starts at the top from the(VSCM TO THE WORKER ANTS VSR'S). Just look at who signanature's are on these insulting decisions.These people just refuse to read evidence, or comprehened the evidence they do read (if they can read).Some here believe in the dro process but if you read just my statement of case alone you would just shake your head. Anyway, i've already submitted my form 9 and at the end of my rebuttal statement i put in big bold letters: FROM THIS MOMENT ON IN THIS APPEAL I HEARBY WAIVE REGIONAL OFFICE CONSIDERATION OF THIS APPEAL AND ANY NEW EVIDENCE SUBMITTED AFTER THE DATE OF THIS FORM 9. Since they are so doggone good at paper shuffling, shuffle this appeal on up to someone who CAN read. Back to my original question i think i might be looking at another two years at least. Just looking for a little feedback on bva appeals timelines from the hadit pro's.

[Ssd Hearing]

Your ssa attorney should have already had you have your doctors fill out the RFC forms. These forms when filled out in your favor WILL make or break your case. I believe this may be the reason she wants to postpone your hearing. getting a hearing postponed is really not a good idea if u can avoid it by getting those done before the hearing DO IT. Attorney's beleve it or not DO NOT have any sayso over hearings. You will be denied again.Also google SSA GRID RULES and this should give you a good idea how they measure disability/vocational/age etc. Good Luck and you will win with a good since at how ssa looks at things.

[Time To Regroup. Need Help Please. Hemachromatosis]

This opinion is full of errors. Fill out a 21-4138 and state your position, at the end of your statement state that this opinion is INADEQUATE FOR RATING, for the reasons you stated. This should be done like yesterday so that before a decision is made maybe you get another opinion or vba sends this opinion back to examiner for better clarification or to consider the evidence you mentioned and they missed.Also check the examiners credentials and challenge this if this opinion was done by a np or resident student and if so request a specialists. If they still deny the claim appeal it with a nod stating the same.DRO with a hearing is the route i would go in appeal, armed with a outside imo/ime to challenge the vba. YOU CAN WIN THIS WITH THE RIGHT MEDICAL EVIDENCE.

[Va Doctor Refused To Fill Out Physical Capacity Function Report For Ssdi]

Go to vamc social worker and explain your situation to them, and they should be able to get it filled out by your pcp. This is the way i had to get mine done. Please get this form signed as soon as possible as you will never get your claim approved without it,without going to consultive exam set up by the ssa, and when you get it and it's favorable to your claim send it YOURSELF to social security.I did this and won my claim on reconsideration in 10 months, without an attorney. GOOD LUCK.

[Va Ordering Of Ssa Records For Tdiu]

I BELIEVE YOU ARE DEAD ON BERTHA WHEN YOU TALK OF THE STALL TACTICS. I SUBMITTED MY AWARD LETTER AND THE SSA DISABILITY DETERMINATION TRANSMITAL FORM SSA 831 DIRECTLY FROM MY COPIES I RECIEVED FROM SSA. DISABILITIES CLAIMED FOR VA ARE THE SAME I BECAME DISABLED FOR FOR SSA, BUT YET AT MY HEARING THE DRO ACTED LIKE THIS WAS THE FIRST TIME HE KNEW OF THIS EVIDENCE.(YEAH RIGHT).. MY CLAIM IS FOR AGGRAVATION OF A PRE EXISTING CONDITION WHICH WAS NOTED AND DOCUMENTED ON MY INDUCTION EXAM, BUT ALL OF MY SERVICE MEDICAL RECORDS WERE LOST BY VA, SO THEY USED THAT AGAINST ME TO DENY MY CLAIM. I HAVE PLENTY OF MEDICAL DOCUMENTATION SINCE SERVICE ALL RELATING TO BEFORE MILITARY SERVICE BUT NOTHING DURING SERVICE. IM WAITING ON THE RESULTS FROM THE C&P EXAM BEFORE I SPEND ANY MONEY ON MY OWN IMO, TO SEE IF THEY FOLLOW THE LAW BY PROVING OTHERWISE BY "CLEAR AND UNMISTAKABLE EVIDENCE" THAT I WAS NOT AGGRAVATED BY MILITARY SERVICE, AND NOT BY THE "LESS LIKELY AS NOT " CRAP. IF THEY USE THIS WAY(LESS LIKELY AS NOT) TACTIC TO REBUT, THE GAME SHIFTS MORE TO MY FAVOR ON APPEAL TO BVA BECAUSE BVA IS REQUIRED TO ORDER A OUTSIDE IME TO REBUT MY STATUTORY PRESUMPTION OF AGGRAVATION .ANY INPUT FROM THE ELDER ON THIS TACTIC IS MORE THAN WELCOMED. I WOULD GET MY IMO NOW BUT JUST CANT AFFORD IT AT THE MOMENT.

[Va Ordering Of Ssa Records For Tdiu]

I HAVE A CLAIM IN APPEAL (NOD). I HAVE REPEATELY INFORMED THE DRO THROUGH MY PERSONAL HEARING AND THROUGH MY VSO THAT I RECIEVE SSD FOR MY CLAIMED DISABILITIES AND THROUGH FILING FOR TDIU. SO EVERYONE IS AWARE OF THIS AS I HAVE A COPY OF MY HEARING TRANSCRIPT AND IT IS THERE. MY QUESTION IS WAS I TO SIGN A AUTHORIZATION FORM AUTHORIZING VA TO OBTAIN MY SSD RECORDS? OR DO THE TWO FEDERAL GOVT. AGENCY"S DO THIS WITHOUT A SIGNED FORM FROM ME? I BELIEVE THE DRO IS PURPOSELY STALLING ON THE DEVELOPEMENT OF MY CLAIM (VA LOST ALL MY SERVICE MEDICAL RECORDS) AS NO ONE HAS ASKED ME FOR THIS FORM, AND IT TOOK 2 YEARS TO GET A C&P EXAM, AND 18 MONTHS FOR A HEARING. IF I NEED TO STILL SUBMIT THIS FORM , COULD SOMEONE PLEASE POST THE FORM NUMBER SO I CAN GET THIS IN BEFORE THE DRO MAKES HIS DECISION.

[California (Ca): San Diego]

retiredat 44:

I AM HAVING THE SAME PROBLEMS WITH OAKLAND RO. AT LEAST YOU HAVE HAD A DRO HEARING AND YOUR SOC SUPPLIED TO YOU SO THAT YOU CAN ADVANCE YOUR APPEAL FUTHER IF YOU DECIDE TO DO SO.(DONT LET THE CLOCK RUN OUT ON THE REMAINING 3 ISSUES). I SENT MY NOD ON MY DENIAL OF SEPT.10,2010 ON SEPT. 16, 2010 AND AS OF TODAY AFTER REPEATED REQUESTS HAVE NOT RECIEVED( NADA) NOTHING. SO LAST WEEK I CALLED THE OIG IN WASHINGTON, DC. TO FILE AN OFFICIAL COMPLAINT AND WAS TOLD THAT AS OF FEB.2011 OAKLAND RO HAD 6480 CLAIMS ON APPEAL. I WAS ALSO GIVEN THE DIRECT FAX NUMBER TO THE VETERAN SERVICE CENTER MANAGER AT OAKLAND RO WHERE I FAXED AND MAILED FORM 21-4138 DIRECTLY STATING MY INTENT TO FILE A " WRIT OF MANADUMS" FOR FAILURE OF "DUE PROCESS PREMISED ON UNTIMELY DELAYS". IF NO REPLY IN 30DAYS I WILL FILE THAT WRIT. I MIGHT NOT SUCEED ON GETTING THAT ORDER BUT AT THIS POINT I FEEL I HAVE NOTHING TO LOSE AS IN 7 WEEKS MY 1 YEAR ROLLS AROUND (SEPT.16 2011). HANG IN THERE BROTHER ,WE MUST CONTINUE THIS FIGHT FOR ALL VETERANS.

[California (Ca): San Diego]

there has to be some people that read these forums that are using San Diego VA RO offices for claims... I don't see any people posting for nay California offices... it would be great to hear about wtf is going on around the California offices..

such as,

timelines (most important)

trends like approvals, denials, screwups...

news..

thanx..

[Nod (Dro Hearing Request)]

ARE THERE ANY OF MY FELLOW WARRIORS HERE THAT CURRENTLY HAS AN OPEN APPEAL WITH A REQUEST FOR A DRO HEARING AT THE OAKLAND, CA. RO? IF SO WHEN WAS APPEAL INTIATIATED OR HOW LONG HAVE YOU WAITED? (OAKLAND RO ONLY PLEASE).

[New Member]

I AM A NEW MEMBER HERE, BUT I HAVE BEEN ACTIVELY VIEWING, AND LEARNING FROM THIS SITE FOR OVER 1.5 YEARS NOW AND CURRENTLY HAVE A CLAIM IN APPEAL(NOD WITH DRO HEARING REQUEST) AT OAKLAND, CA. RO.