TiredCoastie

Thanks, Navy. You're a good shipmate. No one posts on this site who doesn't get your encouragment. Thanks for doing that.

That's not the best kind of response from your NSO, Jeff. You should do what makes the answer right, not expedient to the VSO, RO, etc. So from my perspective, it depends on what they're offering. If it's the right answer based on 38 CFR part 4, then OK. If they're lowballing you or SC'ing only some of what you've submitted and trying to get you to walk away happy, then that's a problem and another NOD. It sounds like you have a pretty good list of conditions, and you need to get those on a claim form and in with your medical evidence, nexuses, DBQs, etc, ASAP no matter how this appeal turns out.

Just as an update....there's been no change to the appeals status in eBenefits. However, just checked the AB8 and it stated that my combined percentage is now 90% (up from 80%) as of March 1, 2015! This is beginning to look very much like a win. I'd still like to see the BBE/BWE before declaring victory. Praise God and thanks to all the help from hadit! Because I'm retired Coast Guard, it will be autumn before I see the retro because of the way the VA handles retired Coast Guard CRDP, so Gastone's trick isn't going to work for me. Still, it doesn't look like the appeal is fully closed by the RO yet, so anything could potentially happen. Guess next payday, at least, will provide pretty solid proof if they begin compensating at the 90% level.

That's pretty frustrating. Do you have a way to email her? Hang in there.

Humor is important. Too often if we don't laugh about it, we'd cry.

Yeah, and the big wig didn't like what he saw so he kicked it back for a change. It happens. Hopefully it means they're getting your decision more right than less. Agree that the notice you got from DAV was from a review of the preliminary decision. That's more than I ever got out of a VSO.

So what if they don't certify the appeal, Chris? That's what happened to this vet, Jeff...and he sat for five years waiting...and has more recently happened with several of us who have had our appeals pulled back from going to Washington DC with a supposed BVA decision. Now in my case, I did submit a second NOD but on a different claim decision which echoed the claim decision I'd already appealed...long, complicated story as to why. The second NOD disappeared. I was told by phone from a rep from the RO that they were effectively ignoring the second NOD because I cannot appeal the same contentions more than once at the same time. And now eBenefits says that the BVA made a decision on my appeal, which they didn't per IRIS response but the RO apparently did after receiving my Form 9 and telling me by phone that they were going to certify it and send it off, and that my appeal is somewhere in processing in the RO. There has been lots of speculation as to why Jeff, who started this posting string, had a problem. There haven't been any facts brought forward. It could be that Jeff's appeal got just lost in the overwhelming storm tide in St Pete. Someone set it aside and then maybe never came back to it? For anyone who's worked in government, this is not an unheard of scenario. Yes, sir, we can make it easy on ourselves and the RO by being straight forward, clear, concise, and direct, then working one thing at a time in importance order. Hey, if we can play ball with the DRO and get this things on its way faster than fast, then by all means, go that route. I completely agree. But there is a skunk in the woodpile someplace with Jeff's appeal - and I suspect my own as well - beyond what we as vets did to screw up our process.

Sounds like you're ahead of the game! I think your plan is the right answer. Hopefully your VSO will play along and do the work. If not, it's time to either go it alone or find a good attorney.

Not quite, Fat. You may need to submit a waiver to keep your file and appeal from being sent back to the RO for a relook if your submit something new. Somehow I have this vague memory of getting a document with something from the RO that actually said the opposite as some sort of time saving change. It said that you would have to specifically ask the BVA to send everything back to the RO if you submitted new evidence and if you didn't specifically ask, they wouldn't send it back. Either way, that would be for a readjudication at the RO level but would not be a formal "remand." Not being able to put my hands on that document from the RO this minute, I recommend submitting a waiver statement that says that you do not want your file to go back to the RO, unless that's something you feel would be somehow beneficial. If the RO couldn't get it right and now it's in DC, best to stay there where you have the high percentage probability of success. Hopefully that's clearer than mud.

I agree with Buck. Your best option is to file a NOD. Your situation isn't a CUE, at least at this point because the appeal period isn't closed yet as one off-the-cuff reason. AskNOD has written a lot about the unmentioned conditions in claim decisions and SOCs/SSOCs, and I agree with him. The RO's lack of mention is effectively the next thing to a denial or a "silent denial." The RO was presented with evidence of a disabling condition that was service connected, but the RO chose to not work it up perhaps because it wasn't maybe on the list of conditions on your claim form. HOWEVER, if you choose to let it go at this point, then it's a done deal denial after a year. Just because you file a NOD does not mean that you'll have to wait for upteen years to get a response via the BVA. The first thing the RO will do is redo the claim decision. If you submit N&ME with your NOD related to the scoliosis dx with a firm nexus (yes, it would be a second nexus statement), you'll definitely get that relook through the RO and already be lined up to take it to the next level if they don't grant you SC and rate you at the appropriate level. But even without the N&ME, they'll do it. You'll need to be very specific in your NOD form/letter that you disagree with their lack of a decision despite having been presented with evidence of a disabling service connected disability. Your other option is to submit N&ME associated with the claim just closed which will trigger another look but without lining yourself up through the appeals department for DC. Seems like there are a number of vets on hadit who have done this successfully. I'm not one of them, so maybe one of them will chime in. I think they pile on the N&ME year after year until the sheer weight gets the RO to buckle under and admit that, yes, there is a disabling service connected condition. In my case, I have had several TIAs. The big issue is an identification of the underlying condition. I had a doctor provide that, and the RO did not even mention it other than list the DBQ in the list of references in the SOC. I think they blew it off completely in the claim decision. So I made sure to include that condition in my NOD then Form 9 and demand that the VA grant SC for this condition and rate it appropriately. The VSO did not list this condition on the form for the "reconsideration claim" which is probably why the RO decided that they didn't need to work it up. What I have, so far, gotten out of the RO via this process are EEDs for a couple of conditions. And it seems like the RO pulled my appeal back instead of sending it to the BVA and did something with it, so *hopefully* that's going to be good news. In their defense, the raters at the ROs are still being pushed to move claims faster than fast to drive down the claims backlog. If there's a shortcut they can take, don't be surprised if they take it. It's part of that effort to shift the claim decision backlog to the BVA.

IRIS responses are taking up to 4 to 5 weeks for me. Six weeks is kind of the outer margin of recent experience with IRIS. But these kinds of delays are not unusual. The central IRIS office is overwhelmed. If your NOD has been languishing for that long, if it were me, I'd write a letter to the RO (via whichever central processing station thing) with a copy of your NOD and your proof of postmark (like your hand stamped certified mailing receipt), a copy of your green return receipt card with someone's signature and hopefully a date/time receipt stamp, and ask formally for the status. I'd send it certified mail, return receipt requested. I've done this in the past with reasonable results. If you have not seen anything regarding your appeal in eBenefits, don't be surprised if they "lost" your NOD. Happened to me, twice in fact. Had to argue pretty streneously to get the first one accepted into the system and the second one is somewhere in the ether.

Glad to hear that you actually got a response.

Thanks, Paul. I've been waiting for a copy of my C-file for quite some time.

Thanks, Chuck. Maybe that's what's going on at least in this handful of cases and maybe Jeff's too. Hopefully that means that many of us will see some better outcomes sooner.

That's just crazy. A few of us are wondering what's going on with our appeals that were not transferred to the BVA but suddenly decided at the RO level after we sent in our Form 9s. But your appeal has been sitting at the RO waiting for transfer for five years, not a few months. Seems like there is a push to move some of these appeals quickly, so hopefully you'll get an answer sooner than later. The sad thing is that once you win this thing, and you get your retro, the VA will declare you one more happy customer well served, because justice delayed certainly cannot be justice denied if you get paid what you were always due in the end. Like Fat said, where's the explanation or apology?

Oh, GREAT question, Paul! First of all, hopefully these are all grants so we're not having to appeal a decision. Otherwise, wouldn't the system continue the appeal through the process for a formal decision or denial by the BVA, not what we're experiencing or seem to be from what the system is telling us? But without a firm answer, that's just wishful thinking. "Hope is a not a strategy" at least when it comes to working through the veterans claims process. One piece that I'm holding on to here is that at least for FLTMEDOPS and myself, it doesn't seem like the BVA actually made our decisions at least from what BVA has told us individually despite what eBenefits says. Our decisions were apparently made by the ROs according to what we've been told. Maybe that's your situation as well with anything that was decided before or when your appeals were rolled up? So if the BVA didn't make the decisions on the contentions, would the 120 day rule apply? Wouldn't that mean another NOD rather than a MFR or CAVC filing? Do you think any of your contentions were decided before or when your appeals were combined? You've got four issues in one big docketed appeal, right? Is that the same number of issues you appealed via your three Form 9s? Second piece is that without sending us documents stating the decisions, none of us have the ability appeal them, and that would be item number 1 on any secondary appeal I file. So the appeal period should rest in limbo. Isn't there a provision somewhere for the claim at the RO level that is never decided that would be something like this? The postmark on the BBE or BWE will be part of my package if I have to appeal the appeal. It would be a bit of a battle, but I think we'd win. It's hard to really say either way on any of this, though, without some sort of decision document that arrives by mail. Really more questions than answers on top of lots of speculation. Would really much rather have something solid to work with.

You bet! Did you ever get anything in the mail from the BVA telling you about whatever decision they did or didn't make? Nothing has shown up here yet.

From one beat up Coastie to another - you hang in there. God is with you even in the depth of these great valleys. And we're here too.

PTL! Keep up the fight, Navy!

Thanks, FLTMEDOPS! Hopefully mine will be good news as well. And hopefully they'll be tracking down that third signature for you!

Hey Shipmate! Looks like you made it to your C&Ps. Seems from your postings that you got some reasonable outcomes but you're in a better position to know if the docs got it right. I'm a lot less severe and have 10%, so you're going to exceed that percentage.

Absolutely. Someone needs to make a decision.

I have to agree with Fat. Five years is about five years too long to transfer your appeal to the BVA. Gastone suggested getting after the VSO/NSO. That can work if you have a POA with a VSO. I had to track down someone at the VSO's headquarters once to get NSO out of idle. Like Berta said, these people can really hold things up. Actually, because of VSOs general history in making things worse than better, I don't have one anymore. If they were all like my very first one, none of us would go without one. Not so, unfortunately. At this point, you might also try your senior US senator's office unless one of your senators or your congressman sits on one of the veterans oversight committees, then whomever that is would be the right one. Usually, I'm not one to recommend this option because too often you get the help of some kid in the local office who writes a letter, but if someone will engage on your behalf, you might finally get the traction you should have had years ago.

Thanks for posting your story, Bill. Seems like there are several of us who are in somewhat similiar situations. Like AskNod said above, the BVA does not make decisions very quickly. However, according to eBenefits and IRIS responses, it appears that they did "make a decision" within a month at least in my case. Word has it that the RO is reviewing the decision. I haven't seen the "decision" and do not know what it says. I have been leaning more positive toward an immediate grant triggered by a very late review at the RO that needed BVA approval - my own guess with some guesses from others. However, hearing that your appeal was closed "due to failure to respond" even after you did makes me wonder if someone didn't misread or mishandle something. My Form 9 was in on time, the RO called to confirm what I was appealing, and I got a letter stating I was on the waiting list for a videoteleconference hearing. Then about a month later the system showed that a decision had suddenly been made without a hearing or anything further. BVA pointed directly back to the RO. "Peggy" told me that a hearing was not required. National Customer Service says that it appears that a decision has been made in my appeal and that the decision is being processed (rated, perhaps?) at the RO. It seems like something has changed at the BVA or between the BVA and ROs. But maybe the pressure of all the appeals at the BVA is breaking the system and that's what changing?

Interesting. Makes you wonder how many more of us are in the same situation? Also makes you wonder what the outcome is going to be? Haven't seen anything new or different on my end, including any sort of letter stating my appeal and C-file was transferred to the BVA. But when some bit of news comes in, will post as soon as possible. Customer Service Center's IRIS says that a decision appears to have been made and is at the RO being reviewed and processed. Keep praying! It's going to be either very good or very bad for us both. Starting to think about how to appeal to CAVC. So why would eBenefits say the same thing for you as it does for me if we have almost totally different situations? There must be some sort of new procedure that's fouling up the way "decisions" are being communicated. Sure, a "decision" got made in your appeals! Someone clicked the wrong button by accident somewhere. Is there a newly hired section of staff or a rotional group TDY at the BVA handling this new quick review? At least you know where you stand, Paul. Still, it looks like you're in for a long wait. May God bless your patience!