Wayne TX

Bronco......as to "I really want to get this done fast "without new evidence", but probably should play it safe and appeal "with new evidence" EVEN IF I have no new evidence to submit." I agree.....today an IMO is no longer just a great idea but in my humble opinion a necessity to add an extra layer of protection to an already solid evidence case. New evidence being (and a new IMO qualifies) added seems critical these days for most Appeals to get granted. I tried the HLR route with RAMP and had solid evidence plus had not one but two IMOs in my favor and I till got denied so I decided right then and there screw those two lanes I want a Judge and a Hearing so I will wait them out for as long as it takes to get one and if VA wants to keep building up my retro that's fine by me. I can wait them out....not in a bind.

Good info there Bronco.......I am willing to wait longer for a BVA Hearing as getting two denials now since filing in 2015. I do not want to fool around anymore with DROs handling HLR or SCL as they just overlook or fail to recognize key evidences in Veteran's favor. I want to get in front of a Judge to plead my case with evidence. I am assuming whatever time an Appeal was filed that is the pecking order for when a VideoConference Judge Hearing will be scheduled. My appeal for Hearing was filed in early November 2018. I believe the time has come that IMOs are no longer an option but a necessity to get granted anything that deals with seeking s/c through secondary disabilities. One of my appeals is Sleep Apnea (moderate OSA). I have heard that even though Sleep Apnea was diagnosed at a VA Sleep Study with a CPAP prescribed that VA still wants a Physician or Specialist to specify in an IMO that a CPAP is a "medical necessity" to Veteran. I heard that if that's not stated as such VA can deny, deny, and deny as easy as a Physician not applying " as likely as not...." to an IMO or DBQ. If this is true, that would certainly require yet another updated IMO with a Physician or the same Physician stating that usage of a CPAP " is a medical necessity" even after already stating that Veteran was diagnosed and been prescribed and a CPAP for x-amount of years. Stop breathing in your sleep is certainly a medical necessity........go figure.

I have four issues on RAMP Appeal - all filed as HLR - all were denied. I filed NOD's on all four and requested a Board Hearing this time. That NOD and request was received by my VARO and filed November 2, 2018. My question is to anyone who has been either HLR or Supplemental Review of RAMP that were denied and NOD now seeking a Board Hearing. Has anyone actually received a Board Hearing as yet under RAMP? If so, how long did it actually take to get the Hearing? If no Hearing as yet how long have you been waiting in months to date and has anyone been contacted yet with an actual upcoming Hearing scheduled date?

I did file an Appeal for 2nd time back in October.... have not heard a drop as to when my VJ Hearing will be held. All the letter said "I would get a 30-day notice." Left in the dark as usual.

We're in the same OSA boat. I sent VA an IMO from Dr. Anaise and another from a Physician Assistant - both stated more likely than not s/c to existing secondaries. VA still denied OSA........been diagnosed twice and on CPAP since 2015.......they said their two VA Examiners stated less likely than not. What happen with tie going to the runner? They did not attack either of my IMO's, but went into a lot stating why their VA Examiners denied. They said my SMR is silent for OSA , but the Appeal was based on OSA being a secondary claim. Fishy BS.....I put in another NOD immediately and this time for a Board Hearing....done with High Level Reviews by flunkies finding examiners or making them up to deny. .

Vetquest......I told the truth and my medical evidence strongly supports my Appeal with two DBQ's and two IMO's . John......I never brought up TDIU or made any claim for it to the examiner or anyone else. Buck........in hindsight I should have given a better answer instead of "I've been retired for 7 years" but my lower back pain is not s/c (the reason) and my actual s/c disabilities would not carry enough backbone to explain why I've been fully retired for 7 years. What amazed me is that she did not ask why I've been retired for 7 years. Why would VA ask that kind of a question unless your filing for TDIU? I personally know a Vet well who is scheduler rated under 100% (60%) who works a full-time job earning 2x more income than his VA disability income. He told me it does not matter - if you can work you can still work - because a schedular rating is not TDUI. I find it a bit hard to believe that a 100% schedular-rated Vet can work a full-time job and still draw a full disability check as well. Can anyone chime in on that as being correct? I am considering going to my RO to view my C&P exam results as they won't be show up in the VA system anytime soon. How long does it take usually for VES or QTS to get their C & P reports sent to claimants' C-File? I am in RAMP under HLR. How long do they normally take to reach a decision once the C&P Exam has been done? They're (ebenefits/myVethealth) saying an estimated completion date could be up to July 30.......6 months?? That sounds excessive considering C&P is now done.

I was asked the question at my C&P Exam last week if I can "work".....I responded to Examiner that "I have been retired since 2011." I can't do any kind of standing more than 30 minutes or any physical work anymore (age 70) due to a non s/c condition of low back pain (lumbar/muscle degeneration, and arthritis all diagnosed - all well documented with VA for years.........it is the reason I had to retire 8 years ago but again not a s/c disability as it did not occur during active duty. I am s/c for other disabilities totaling 50%. but unrelated to lower back pain. Does the VA Rater take that into consideration when you say "retired since 2011? The reason I ask is because the Examiner never asked another question about can you "work" after I said been retired since 2011. I was not asked why have I been retired for the past 8 years....she went right into another totally unrelated question. Has anyone answered this question with a NO, and then not be asked any more followup questions???? Just curious?

That's pretty fast......I opt May 10 - RAMP HLR......been at PDA since Aug. 10......no movement since. Just waiting but looks close.

I'm actually expecting something to pop this week as my estimated dates still show Aug. 23- Sept. 9. Good luck to ALL!

I suspect Pending Decision Approval means someone has rated it and is now waiting for a higher-up Rater to sign-off to advance into Preparation for Notification. HLR....butstill no Informal Phone Conference has taken place as requested. .

bpweryz........about in the same boat with ya........been at Pending Decision Approval since Aug. 10......... 111 days now in HLR..........estimated dates....Aug. 23-Sept. 9. Getting close.....asked for Informal Phone Conference but that has not happened yet.

Hi Buck........I have been sitting on Pending Decision Approval (PDA) since August 10......it went straight from Claim Received to PDA on EBenefits.......still no Informal Phone Conference yet.......estimated dates Aug. 23 - Sept. 9........yep getting close. Thank God it was worked out of Winston-Salem, NC instead of Waco. Fingers crossed.

Great points....exactly why I opt in RAMP as my claims go back to 2015 and have not even been certified by the Legacy Board. None of us are getting any younger so RAMP was an alternate worth the risk of being in a pilot program.

MY two cents....why not try RAMP? I had personally been stuck in the Legacy waiting game nearly 2 years with no signs when I'd even be seeing a docket number.......too frustrating! I decided to opt out of Legacy and opt into RAMP........I opted on May 10.....today is August 15, and I am at Pending Decision Approval and it should pop over the next 3 weeks as estimated completion dates keep shrinking almost weekly now.

I got to 50% on my own (starting back in 2009) doing all the work myself and then just handing it over to a VSO to electronically file for me....usually at VAMC.....to insure VA got it! But once I got to 50% the games started with ultra stupid denial reasons and I knew I'm heading to a VideoConference Judge if upcoming RAMP results are not as anticipated. I have been fighting VA over OSA since 2015, and all they can say despite mounds of evidence, CPAP, two positive tests, and IMO's citing secondary SC connections has been this lame...."active duty records are silent for sleep complaints." They fight everyone seeking a 50% disability rating....not an easy one to win anymore even with a winning hand.