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bm6546
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Posts posted by bm6546
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Brain, I would think it SOP for the BVA to make their own copy of the claims-file, but my experience tells me they generally send the claims-file back to the RO when a new claim is filed. I would like others opinions! ~Wings
Wings, I met with my VSO yesterday and we called the American Legion in Washington. The rep told me I have a doc date and that any new claims I file will not change my position at the BVA level. She told me to go ahead and file the new claim with my local RO and that will probably get me a new C&P exam. She said the RO may request my C file from the BVA and the BVA would LEND it to the RO in 21 days increments. If the BVA wants my file back the RO HAS to send it back ASAP.
I called a clinical psychologist (LM) and we are playing phone tag. Hopefully I can meet with her next week and see if she will give me a opinion on my anxiety secondary to my PAT. I will keep you informed with my progress.
Brian
Note: I have a doc date of Jan 08 with the BVA. They are currently working on the second quarter of 2006.
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I didn't get any replies to my last post on a "Hardship and Waiver" claim. Lets try a new angle.
I talked with my VSO rep at the American Legion today. He wants me to call the American Legion in Washington DC and tell them I have a pending claim at the VA for a Hardship and Waiver case. He told me this could possibly help me to advance my claim with the BVA.
Can anyone sound off on this for some help.
Thanks, Brian
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Brian, Be sure to use the form or format of Carlie's post. If you submit additional evidence, you must "waive" the adjudication or review of this evidence by your RO. If you do not file this "waiver", your file will be pulled from the BVA, and sent to the RO for consideration this new evidence. Since the VA mailrooms are notoriously hellish, I suggest Faxing whenever possible. Test your first fax page to make sure it gets received! `Wings
Wings, I just replied to Carlie and will ask you the same question. I am filing a new claim secondary to my heart claim. If my claim is pulled from the BVA by the RO, will I lose my place in line by doing this? Will the BVA accept a new claim if it is secondary to my claim that is currently waiting for review?
Would this be a new claim or additional evidence? Very confusing!!
Thanks, Brian
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bm6546,
If you have some additional evidence you want to submit to the BVA -
be sure to also submit and sign a Waiver of Regional Office Consideration.
jmho.
carlie
Carlie, Thanks for the "Waiver of Regional Office Consideration" form. I sent in a "Statement In Support of Claim" back in Feb 09 and wasn't sure if it was enclosed in my claim. I thought maybe it crossed paths between the RO and the BVA. I called the American Legion in Oakland and they sent me an e-mail with a one word reply to my request that they check my claim to see if the Statement had been included in my claim folder. Their one word reply was "yes". I hope it got there.
My question to you and anyone else that can help me is this:
1. I am meeting with my VSO tomorrow am and we are going to file a new claim for depression and anxiety secondary to my heart problems (This is the claim that is currently at the BVA) Should I send this new claim to my RO or should I sign the "Waiver of Regional Office Consideration" form so it will go directly to the BVA.
2. If this new claim goes to the RO will they request that my claim filed at the BVA and also my C file be sent back to the RO?
3. If this is true will I lose my position at the BVA?
4. When the claim and file is sent back to the BVA will I have to start all over again or will it be put back in the position it was when it left.
Thanks in advance, Brian
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I feel he may be referring to AL = American Legion.
Thanks Carlie...yes AL means American Legion. Sorry for the confusion.
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Brian, I do not know what "AL" means? Did you request a hearing? This doesn't sound right. Keep calling, and ask them what it means. Have you tried the IRIS system to contact the VA by email? ~Wings
Wings, sorry...AL means American Legion. I did send a message to the IRIS and they sent me a response (the next day...I might add) that my appeal is currently pending review by the BVA.
How do I request a hearing and who would the hearing be with?
Thanks, Brian
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Brian, Hello. My Appeal has been at the BVA for two years. They denied my appeal, and I asked for "reconsideration". I have been waiting 7 months for the BVA to decide if they will grant a motion for reconsideration. I am patient only because I am already receiving compensation!
I call the BVA Ombudsman at 1-202-461-8069. FAX 1-202-495-5517
You have to keep asking general questions: can you tell me anything more? the last correspondence said this and that; has there been any movement? is there anything more I can do? Can I send additional evidence? etc. etc.
If you have additional evidence, FAX it to the above number.
Keep pestering them, FAX them a Letter or two, and tell them you are anxious to help in any way.
Hang in there!!! ~Wings
Hi Wings, nice to hear from you.
I called the BVA and they told me they were waiting for the AL to "request an informal hearing". Then the AL will turn it over to the "Board" when the judge calls for it.
Not sure what this means and how long this will take. Why is the AL sitting on it? Can anyone give me the phone number for the AL in Washington? I will call them on Monday and also call the BVA ombudsman on Monday also.
Thanks for your help,
Brian
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When did your claim actually get on the docket at the BVA?
john999,
On the letter I received from the BVA there is a reference number in the top right corner.
In Reply Refer To: (XXXX XX) and then my claim number directly below that.
Not sure if this is what you referred to.
Brian
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When did your claim actually get on the docket at the BVA?
john999,
I received a letter dated 02/24/09 from the BVA stating "The records in your appeal have arrived at the Board of Veterans Appeals".
Not sure what you mean by "actually get on the docket at the BVA". Should they have assigned a case number or something to my claim?
Thanks, Brian
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You could contact the BVA ombudsman via their email addy at the BVA part of the VA web site- or click on the Contact Us button at VA.gov and send them an IRIS inquiry.
Thanks Berta, I sent an IRIS inquiry a few minutes ago. Not sure where to find the BVA ombudsman on the VA web site. Brian
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I filed for a waiver and hardship with the VA back in Nov 09. The last time I checked on the status I was told that there was a "Hold" on my past bills until a decision was decided. Does anyone have any experience with this and can tell me approx. when I could possibly hear something on this waiver and hardship claim?
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My claim is still sitting at the BVA in Washington DC since Jan 09. The last time I checked it was still at the AL in Washington. My original claim was filed at the RO in June 06. Can anyone tell me when I might hear something on this almost 4 year old claim? I have heard nothing from the VA in over a year.
Would it help if I call the 800# or sent an IRIS e-mail? My local VSO office has 2 VERY NEW people there and I'm not sure how much help they would be.
Any help would be appreciated.
Brian
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Thanks to everyone who responded. I appreciate the help. Brian
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I am applying for the VA Hardship on Form #5655, Financial Status Report. It says on the instructions that this only applies for future out patient/in patient appointments only and does not apply to prescription co-payments. I am looking for help with my prescription co-payments. Is there a program that covers prescription help?
I am SC 0% and my claim is in Washington DC waiting for something to happen.
Any help will be appreciated. Thanks, Brian
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I am interested in finding some research information on decisions by the BVA in Washington on particular medical claims that are decided either favorably or denied. I know you can find BVA decisions but don't know how to find a particular claim such as the one for my claim. Is there a way to go to a certain web site and type in your type of claim and find similar cases to my own claim.
Hope that makes sense and that I am explaining it right.
Thanks in advance as always, Brian
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jsdwd,
You mentioned that you are in Calif and your VSO lady left and that the person who took over her claims has not been very helpful. I have a similar problem that my VSO lady left and she was very noligible. The person who took over for her is very new at VA claims and I'm not sure if I am feeling comfortable with dealing with him.
My claim is at the BVA in Washington for almost 8 months. Total period for my claim is almost 3 years. I am not sure what to do or how to proceed at this point. I am learning a lot on VA claims by reading the posts on Hadit.
Is it possible to transfer my claim to another county near by or are they going to be overwhelmed also?
Thanks in advance for any help. Brian
My experience has been mixed. The VSO that first assisted me did her job and was an advocate. She left and the person who took over the claim has not been that helpful. He is very over-worked as my state (and I suspect most states) have cut way back on social services and in an office that had three reps he now works alone with the receptionist. He is more of an advocate for the VA than for me, constantly telling me to treat them nicely (I don't need his etiquette advice), etc.So I guess I have opted to leave my VSO out of the loop and, for now, go it alone. If my DRO process is not satisfactory, I'll probably get a lawyer before going to the BVA.
From the responses to this item, I think we can see that there is a lot of variation from place to place and person to person, and that will most likely continue to be the case.
Ultimately it is your claim and you are the person that needs to be sure that it is done properly. There is a lot of information available on the web. Jim Stickland's Knol is excellent: http://knol.google.com/k/jim-strickland/a-...zs/2?locale=en#
The self-help guide available at the hadit.com site is very good also.
38 CFR (Title 38 of the Code of Federal Regulations) is the law that governs. It is worth reading it. Get a plan together and post it here and get reaction to it. Stick with the facts and not the attitudes because, no matter how justified the attitudes, they don't get you far. It will be the facts, the language, the preparation and presentation of your claim that will matter.
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My experience has been mixed. The VSO that first assisted me did her job and was an advocate. She left and the person who took over the claim has not been that helpful. He is very over-worked as my state (and I suspect most states) have cut way back on social services and in an office that had three reps he now works alone with the receptionist. He is more of an advocate for the VA than for me, constantly telling me to treat them nicely (I don't need his etiquette advice), etc.
So I guess I have opted to leave my VSO out of the loop and, for now, go it alone. If my DRO process is not satisfactory, I'll probably get a lawyer before going to the BVA.
From the responses to this item, I think we can see that there is a lot of variation from place to place and person to person, and that will most likely continue to be the case.
Ultimately it is your claim and you are the person that needs to be sure that it is done properly. There is a lot of information available on the web. Jim Stickland's Knol is excellent: http://knol.google.com/k/jim-strickland/a-...zs/2?locale=en#
The self-help guide available at the hadit.com site is very good also.
38 CFR (Title 38 of the Code of Federal Regulations) is the law that governs. It is worth reading it. Get a plan together and post it here and get reaction to it. Stick with the facts and not the attitudes because, no matter how justified the attitudes, they don't get you far. It will be the facts, the language, the preparation and presentation of your claim that will matter.
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I have recently moved to my permanent address (3 months ago). My appeal is currently at the BVA in Washington. Should I send my change of address to the BVA and to my VARO in Oakland or both? And should I send this by certified mail or snail mail? Will I receive a comfirmation from the VA that they have received my new change of address?
As always, Thanks in advance.
Brian
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Hi Wings,
Raising any teen age kids is stressful enough in itself. I raised 2 boys and that definately had its moments. I don't have any experience raising teenage girls, but all I can say to you is they don't stay teenagers for ever, and you will get thru this. Good luck with your claim, I'm cheering for you.
If you still have my phone number, please feel free to call me. I have an extra shoulder for you like you did for me several months ago.
Hang in there,
Brian
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WOW !!
Thanks to everyone for your replies. Now I am even more confused, LOL. Just kidding. To answer the question on whether I have received a copy of my C file, the answer is yes. It shows that I was discharged back in 1967 with a heart condition. They medically discharged me and I was service connected at that time and I received 10% SC for approx 1 year. I stopped receiving it after 1 year because they said I was working full time and didn't need it anymore. Like I was going to live on $27.00 a month. Since then my heart condition has gotten worse and I had a heart attack 3 1/2 years ago and have not been able to work since then. I have been denied twice by the RO in Oakland Calif and my claim was sent to the BVA in Washington. I applied for and received my SSDI, on the first try.
Approx 1 month before my claim was sent to the BVA I submitted new evidence to the RO in Oakland with a "Statement In Support of Claim". My main concern is I want to make sure that the new evidence was also transferred to the BVA or did the RO misplace it or it didn't get sent. I would sure be very disapointed if I waited for 1 to 3 years and then find out that the BVA never even received it. I really think that this new evidence can only help my case.
I need to find out somehow if that new evidence is in the hands of the BVA or not. My VSO tells me that she is pretty sure they have it. Well, "pretty sure" is not good enough for me. I would rather take the chance of prolonging my decision by having the BVA research my file to see if it is there or not, rather than find out it is still sitting somewhere in the RO in Oakland. I am starting to lose my trust with any of these VA depts because of the many stories that I read about, especially by the people on Hadit, of the VA losing files and records.
Sorry if this is so long, but I really am getting frustrated with the whole thing.
Thanks again, you guys and gals are all great.
Brian
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My claim has been sent to the BVA in Washington. The letter was dated 2/24/09. It states that my local RO sent me a letter stating that my VA file had been forwarded to the BVA in Washington. I don't ever recall receiving a letter from the RO in Oakland. Would it do any good for me to call the BVA to check on the status of my claim? And how would I find out if they have received any new evidence that I had submitted to the RO in Oakland?
Brian
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Thanks for the replies. I will check my records and post back as soon as I can.
Brian
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Haven't been on Hadit for several months. Please forgive me if I am beating a dead horse, but can someone tell me approx how long my claim might be stuck in Washington DC. Is there an area on Hadit that I can research this subject. My claim was sent to Washington in January 2009. I originally filed my claim in June 2006.
Any help would be appreciated. Thanks in advance for any help.Brian
Any help would be appreciated. Thanks in advance for any help.
Claim Still At The Bva !
in VA Disability Claims Research
Posted
john999
Yes it has been over a year. I have a doc date of Jan 08. They are currently working on second quarter of 2006. Have no idea how much longer it will be. At what point do you think I should think about hiring a lawyer?
Brian