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JayBrown1

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Everything posted by JayBrown1

  1. JayBrown1
    Thanks, I think that bilateral is what I was looking for. I pulled my files and it did say to be added not combined. I have been 100 percent since 2008 but still have an appeal from a a claim back from 2004 that has been remanded twice back to the RO. Hopefully it will finally get a decision soon.
  2. JayBrown1
    In 1994 I got a 10 percent rating that said to be added not combine.
  3. JayBrown1
    Broncovet back in 1994 I received a 10 percent rating for painful scar and it said rating is to be added not combined. The scar is 14 inches long and 15/16 of an inch wide. It's painful enough to stop me in my tracks if it's hit, raw nerves! I can't recall the term for it to look it up.
  4. JayBrown1
    What is the term when they are calculating your rating when it says rating is to be added and not combine?
  5. JayBrown1
    I got a call saying my remand was being pulled to be worked two months but so no changes on ebenefits status. I inquired to the VA about status updates on ebenefits and they said they are work on updating the appeals part of Work In Progress so it won't show any updates until they have completed their updates.
  6. JayBrown1
    I don't get it at all. If they check my file from the previous year's they would know that I qualify for clothing allowance. I have been receiving clothing allowance after checking my files for 21 years with the same type of hinged metal brace.
  7. JayBrown1
    I just called the Assistant Director of the Prosthetic Department to get an explanation as to why my clothing allowance application was denied so I would know exactly what to appeal. After pulling my file an checking the brace I wear he said he doesn't know why they denied it. He said I see you have been getting an allowance on this type brace for years and he was going to check on why it was denied and call be back. He said it may have just been an error and they can fix it or I would still have to appeal their decision. So I am waiting to hear back and see what direction I will be going.
  8. JayBrown1
    I got a call a couple of weeks ago telling me they were pulling my Remand to be work for a decision. However I haven't seen anything on ebenefits as to a movement in status. I guess it's a wait and see thing at this point. How often is claim statuses updated on ebenefits?
  9. JayBrown1
    Got a letter to submit my claim for Clothing Allowance, I submitted the forms to the Prosthetic Department and got a letter saying they denied my claim because my knee brace doesn't qualify under the regulations. Now I have had the same type hinged metal brace for 15 years now and the metal is not cover by any material. It's the same one I got and allowance for last year and the year before and so on. It seems they try this every other year. I sent a picture of my brace and mail it to the prosthetic department and asked them to explain to me what I am appealing their decision on. In checking the VHA Handbook as I see it my brace qualify for an allowance. So I am waiting to see if they will respond and let me know what am I appealing beside just them saying it doesn't qualify. Anyone else having this type of problem? Or did they change the regulations and haven't updated the Handbook governing clothing allowance?
  10. JayBrown1
    nfloyd my buddy got his remanded but C&P wasn't favorable and he got a decision from RO quick even though his was remanded after mine and it was his first. I guess it's easy to decide on the unfavorable C&P than favorable ones.
  11. JayBrown1
    I understand, I have two remanded appeals that have been remanded twice. The first time they were remanded was in July 2014 and the RO contact and got more information and they sent it back to the board without making a decision. Then a VLJ at the hoard sent it back to the RO for development in Oct 2016. I guess in 2014 the VLJ had expected RO to request a C&P exam but they didn't so I figure that's why it was sent back in 2016. The original claim of one of the appeals was in 2004, 13 years ago.
  12. JayBrown1
    I have two appeals that were remanded back to the RO twice. This last time it was in Oct 2016, a friend of mi ex was Remanded in Dec 2016, I had a C&P in Dec which was favorable to my claim, my friend had a C&P in Feb but not a favorable exam, March my friend got decision of continual denial with instruction to appeal, I have gotten no decision. Check the status was told that there was a backlog at my RO and they are working it in the order they received the appeals back from the board. Both me and my friend appeal was remanded back to the same RO. I guess if you have a favorable C&P they are in no rush to work your remand but if you don't get a favorable C&P you get a quick decision. I wonder why the VLJ request that remands be completed in an expeditious manner according to law when it's clearly not. Can anyone relate to this? Do anyone know what's the current timeframes are on remands on a average?
  13. JayBrown1
    I went on Ebenefit site today to check the status of my Appeals. As of yesterday it showed it as Remand status. This morning when I checked it had a Triangle with an exclamation mark in it and a box that said to contact VA for information. Everything else I can check on the site. Is this normal or are they updating the status of my Appeals on the site? I have never seen this before and not sure what's going on with my appeals when I Click on the Work in Progress or Check Appeal Status tab.
  14. JayBrown1
    I just went on Ebenefits to check the status of my appeal and under the Work in Progress tab where as of yesterday it was still showing Remand but today the two appeals shows a Triangle with an exclamation mark in it and a box say call VA for information on appeal. Is this normal or is Ebenefit updating its system on my appeal status? I can see and read everything else on my page.
  15. JayBrown1
    At the time I put in the claim in 2004 I was 80% and was denied. I appealed but didn't hear back on my appeal until I brought to their attention in 2006. In 2008 I got a temporary 100% but three months later it went down to 90% but they gave me IU and then in 2009 I was granted 100% after putting in a claim for another disability. So I am hoping they back date it to 2004.
  16. JayBrown1
    Thanks BrokenSoldier, I was hoping it was in my favor. I hope now the VA will bring closure to this claim. This one started in 2004 in July hopefully this will be the case when they make their determination.
  17. JayBrown1
    I just got a copy of my C&P exam and under the TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR SECONDARY CONNECTION ] it states: a. The condition claimed is at least as likely as not (50% or greater probability) proximately due to or the result of the Veteran's service connected condition. Does this mean that my condition was caused by my service connected injuries?
  18. JayBrown1
    I just got a copy of my C&P exam from my file. Under TYPE OF MEDICAL OPINION PROVIDED:[ MEDICAL OPINION FOR SECONDARY SERVICE CONNECTION ] it states: a. The condition claimed is at least likely as not (50% or greater probability) proximately due to or the results of the Veteran's service connected condition. Is it stating that my condition is connected to my disability?
  19. JayBrown1
    Well that's good to hear. I will let you know how it goes. I will see if there's anything from the phone exam in my medical records in a few days.
  20. JayBrown1
    I had a C&P Exam over the phone. It was the first time that happened to me. I have had many of them but none over phone before. I was asked questions and then was told that I might want to make an appointment with my primary care physician to possibly get updated treatment. Can't wait to see her report that she sent to the RO to finish my claim or send it back to the board. Have anyone else had a phone C&P exam before?
  21. JayBrown1
    Well I got my phone call and was basically asked questions and then was told that I might want to make an appointment with my primary care physician to make sure that my treatment was up to date. I was told that her findings would be submitted to the regional office for them to finish my case. First time I ever had a Phone C&P exam and I have had many!
  22. JayBrown1
    I just got from a call from the C&P Department at my local VA Medical Center stating they received my claim for sleep apnea. They said a doctor will call me soon between 9 and 12 to conduct the exam. I was surprised seeing that they no longer require you to come in to be seen. Well this is an appeal case seeing that I applied for sleep apnea in 2004 and was denied but I appealed and it's been remanded twice. Hopefully with this C&P I will be granted my rating. Hace anyone else had a phone exam by the C&P? If so, how does it work?
  23. JayBrown1

    I was wondering if you can help me understand this, my appeal has now gee. Remanded back to the RO for the second time. Can you tell me what would constitute the need to send this back for a second time? I submitted over a hundred documents in support of my appeal when it was sent back the first time. I did notice that the RO did not even consider a change in their initial denial like they did on a previous remand.  I just don't get it because the initial claim was submitted in 2004 and now over 12 years later I am still going through this.

    Can you shed any light onto this?

    1. jamescripps2

      jamescripps2

      The submission of over 100 documents can complicate a claim and prolong a decision in itself. I would not do that again unless those 100 documents contain substantial evidence. A skinny file has more appeal to a rater than a thick one that is stuffed with paperwork that does not contribute to probative value.

    2. broncovet

      broncovet

      I certainly agree at the RO level.  "Top sheeting" often happens where they dont read most of it anyway.  My file is over 1500 pages, and spans since 2002.  

      But, you need to keep this in perspective.  Generally, the RO does not award huge retro...there are reasons for delays of 10 years or more, because, if the evidence was clear, it should not go 10 years.  

      However, when it comes to appeals, the appeals team overturns when the evidence is in equipose, or favorable.  

      This is obviously the latter..its in appeals, already denied by the RO, so more favorable evidence should tip the scales of equipose.  

    3. broncovet

      broncovet

      To add, there is an understood prohibition of allowing a Veteran to keep his claim going until he finds a decision maker willing to grant.  This is the concept of finality.  Res Judicata basically suggests that the decision maker has decided, and this can only be overturned on appeal.  And, the VA does not like doing each others decisions over and over, and they pretty much stay with the original decision makers decision, unless there is New and material evidence.  

  24. JayBrown1

    TBird, I see that you are knowledgeable about the VA system and was wondering if you could answer a question. My appeal has been remanded for the second time back to the RO, do you know why are what would cause this?

    1. Tbird

      Tbird

      Hi JayBrown1-

      Below is from this page http://www.blogs.va.gov/VAntage/26013/the-appeals-process-remands/ I hope it helps.

      While the Board has the ability to remand, it uses the remand differently than a typical court system. In a typical court system, a higher court usually remands a case when a lower court interprets a law incorrectly.  In VA’s circular system, appeals are remanded for many reasons. A remand may be necessary if there has been a change in law, a worsening of a disability on appeal or the Veteran introduces new evidence or theory of entitlement at the Board.

      Typically each time one of these things happens, a rule of law called Duty to Assist (DTA) is triggered. DTA is an obligation VA takes very seriously. It means VA has to help you develop your claim. Often, this means scheduling you for another exam, gathering records on your behalf or giving you an opportunity to comment since a law change. About two-thirds of the Board’s remands are for reasons that arose after VBA finished processing the appeal and sent it to the Board.

    2. JayBrown1

      JayBrown1

      Thank you for the info 

  25. JayBrown1
    This is crazy, I started a claim in 2004, they finally got around to making a decision to deny it in 2008, finally made it to the BVA in 2010. Then in 2015 it made it to a VLJ who REMANDED it back to the RO, the. It was sent back to the BVA in July 2015 and it finally made it back to a VLJ in late July of 2016 and now on the 29th of September 2016, it's been REMANDED back to the RO. This is making me mad because I don't see why it had to be remanded. Have anyone had an appeal REMANDED twice? If so, what is usually going on where it would be a need for that?
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