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JOHNGAGNIER

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About JOHNGAGNIER

  • Rank
    E-2 Recruit
  • Birthday 01/31/1949

Profile Information

  • Location
    Duvall Washington State

Previous Fields

  • Service Connected Disability
    10%
  • Branch of Service
    USAF (E-5) SSgt. Air Traffic Controller (27270A) Ground Radio Operator (29370) Admin Spec (70270)
  • Hobby
    reading

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  1. Question about an approved appeal.  On April 6th 2016, a VBA  Law judge granted my appeal for residuals of multiple ischemic strokes being service connected. The Judge for my case was Bradley W. Hennings.  Docket No. 15-06 351A   Date Apr 06 2016.  I received a copy of the judgement in the mail two weeks ago.  It said that the VARO that first received the claim in Feb 2011 had the case sent back to them.  I followed up with the DAV who represented my case to see where things were and got the following email back from them

    "

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    RE: [EXTERNAL] John Gagnier

     
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    5/16/16
     
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    To: John Gagnier
     
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    Based on the recent BVA grant, the VA has assigned the case to the Appeals Management Center for the final processing.  They noted May 4, 2016, that the case was ready for a decision, meaning that it is developed to the point where one of the “Special Operations” Team can actually calculate any potential award based on the judgement at the BVA.  I would expect that it may be processed and you notified of the award action within 30-60 days; however, the AMC is not located at this stations, so our estimates are simply based on our best guess.  All the best.

    My questions are They never did a C&P exam to determine my level of disability ((The Seattle VA hospital has me categorized as Priority Group 4  (Catastrophically disabled)  How are they going to make a fair evaluation without having ever done an exam with a  qualified M.D.  I have been in a wheelchair since May 2007 with no use of my left arm/hand, leg and foot.  What do you think my  percentage should be?  (I  submitted my claim in Feb 2011.

    1. pete992

      pete992

      First things first, you should really post all your questions in one of the forums to get more responses/replies. BVA never really rates a claim unless a veteran is appealing a certain percentage. I may be wrong so don't hold me to this but VA will most likely set up a C & P exam prior to rating your condition or they will rate your condition and then give you a C & P exam to determine what level your condition is at.  Now as to the 30 to 60 days that seems unlikely to me and I hope I am wrong.  My BVA granted claim took about a year to be rated even after BVA granted my condition. If your claim was advanced on the docket the local VARO is very slow to act on anything. Again I hope I am wrong.

    2. JOHNGAGNIER

      JOHNGAGNIER

      Thanks for responding Pete.  This is the first time that I have ever posted here.  So, I appreciate any direction on how to go about it for best results.  One thing that I had not mentioned is that when the judge  granted my appeal, he also stated that he authorized my case to be "advanced"

       

      Best Regards

      John

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