Wayne TX

Gastone........ a DRO Hearing was requested both at the time of making all 5 NODs in May 2016, and again was asked if I wanted a DRO Hearing when they sent me the SOC on the two of the 5 on Appeal. Again it was made clear of my wanting a DRO Hearing on the Form 9 sent back on those two SOC. The SOC said I could be seen sooner if I opted for a Video Conference Hearing with a Judge at RO, and I opted for that. So they seem to be aware that I want at least a Video Hearing at RO. I don't think they got me on a Review only waiting list since they asked again if I wanted a Video Hearing, and I elected for it and was notified of same on October 3, 2017. The SOC was on Loss of Taste and Loss of Smell seeking an increase from 0% to 10% each as I was not properly tested on either............the SOC said it was denying the increase sought. I never got a Hearing on those two Appeals....just a denial of increase in SOC. The three others not sent a SOC to date include Sleep Apnea, Chronic Urticaria, and an increase for Pansinuitis of 10% to 30%. I don't understand why only two SOC were sent and I was denied an increase when I was not given an Hearing (as requested) and why not all 5 involved on Appeal were not addressed and denied as well. I just don't get it.....how all this process works? I thought I was entitled to a Hearing on all 5 Appeals before any decisions would be made? Apparently, decisions have already been made on those two Appeals prior to a right to a DRO Hearing as requested. My main question still remains does the SOC received on those two and sending in the Form 9 on those two normally kick in a Hearing Date at RO for all 5 on Appeal? On the orginial NOD Form 21-0958 under Part III, Appeal Process Election I checked marked for a Decision Review officer (DRO) Review Process. The only other option was Traditional Appellate Review Process, which was not check marked. On Oct. 3, 2017 was notified in a letter from Department of Veteran Affairs that I was put a list of persons wanting to appear at local VA office before a VLJ in D.C. I have not heard a drop from VA since the October 3, 2017 Letter on anything else. The letter dated October 3, 2017, said as follows in the opening paragraph: Based on your request for a videoconference hearing before a member of the Board of Veterans' Appeals (BVA), we have placed you on the list of persons wanting to appear at our office for a videoconference hearing before BVA. On that date you will appear at the local VA office, while the Veterans Law Judge hearing your case will be at BVA's offices in Washington, D.C.

I submitted 5 NODs in May 2016.......got SOC back on only two so far occurring in October 2017. My question is this unusual to get only two (2) with SOC and the rest nothing to date. I have requested a DRO Hearing so does the fact I received these two appeals as SOC kick in a Hearing Date for all five (5) appeals? I was also wondering if the other three (3) Appeals after nearly four months past have not been SOC yet as the two others does that reflect as a good sign they're not sure and have not reached a conclusion yet on whether or not to send a SOC, or maybe thinking to grant same?. Sent in the Form 9 for the two that came with a SOC.

I submitted 5 NODs in May 2016.......got SOC back on only two so far occurring in October 2017. My question is this unusual to get only two (2) with SOC and the rest nothing to date. I have requested a DRO Hearing so does the fact I received these two appeals as SOC kick in a Hearing Date for all five (5) appeals? I was also wondering if the other three (3) Appeals have not been SOC yet as the other two does that reflect a good sign they're not sure and have not reached a conclusion yet on whether or not to send a SOC or maybe thinking to grant. Sent in the Form 9 for the two that came with a SOC.

Buck......I am going to follow your advice on contacting a local audiologists to compare VA audiology test results to theirs. One more Q.......curious why would a "new" claim made now vs. "Intent to File" would slow down the Appeal process on the others? If it does of course definitely not pulling the trigger now........but I also heard it does not matter to file a new claim while on Appeal so that is why I'm asking. I really do like your advice about finding a local private audiologist to compare his testing to that of VA's testing. The VA Dallas Audiology Clinic testing was done by doctoral student under the supervision of a Doctor, who was never present at anytime. All he did was record in another room and asked a lot of rapid Q's. Thanks

BroncoVet.......the civilian examiner did not include it as being svc. connected in his report but he had no other records or my C-File either.......so I guess I need an IMO now before filing. I have (1) covered and need to obtain (2). Gastone......will answer your questions tomorrow.......going back to VAMC in the morning to get a copy from Release.........it will have the numbers reading.

I was given a VA Choice exam on Dec. 14, 2017 and examiner stated I had tinnitus and bilateral sensorineural hearing loss in left ear. He cleared me to proceed with getting an hearing aid through VAMC Audiology Clinic......now happening on Feb. 16th. I intend to file this as a new claim secondary to existing VA disabilities. My question do I need to get an IMO or does the VA examiner's report diagnosing my condition and medically clearing for an hearing aid is all I need to get the claim into a favorable light with RO? Has anyone else filed for this and what did you submit to get approved? Thanks.

Hamslice....your last sentence above is PERFECT........"the verdict is still out." LOL Nailed it. MY PCP is a great fella......VA-based C &P examiners and writers are like Rabid Bats wanting to kill ya.

I agree totally with you Buck.......anytime they want a Vet to do another C & P exam the intent, in my opinion, is to see if they can reduce - not help. My last C &P exam was a total joke taking all of 15 minutes, if that, and thrown maybe 6-8 questions. That guy in charge of ENT at VAMC is not only a hard ass pro-VA, but he got my claim mixed up with another 20-year Veteran ( I served 3) and placed erroneous data into my C &P report that belonged to him. That is now included in my Appeal that I am still waiting out now. He's retiring I've been told and all I can say is don't let the door kick you in the butt......can't happen fast enough for Vets to have a real fighting chance. That C & P exam hurt me as I should have been rated right the first time and not be waiting on an Appeal to right several wrongs and screw ups on behalf of the examiner. I agree the only sure thing is getting to the 20-year-mark to end the assault on existing disabilities.

I have been retired for four years now.............no the 50% won't be enough on its own so why I have not even tried for TDIU....... but the situation now under Appeal: moderate to almost severe Sleep Apnea with CPAP would be both the 50% S/C factor as well as the total 70% qualifying reg. for TDIU........non-VA Dr. has already stated and will restate that Apnea also causes daytime hypersomnia ...... nodding off while doing just normal activities such as sitting at a computer, listening to others converse, or watching some TV, etc. It is not for lack of sleep as I get at least 6 hours every night and more often closer to 8. I am lining up all the bullets now to be cocked and loaded to file once Apnea is granted.

I understand the part about Drs stating unable to sustain as key components..........so, if I am understanding this other part correctly.........I can and should apply for TDIU even though only 50% disabled now yet the two Appeals I have yet to know their verdict would actually be the strongest ones I'd have Drs. signing off..........one has already been stated in the Appeal N&M? Buck and Bronco you both make great points.......that's why I ask questions of those who have already been down the road.

I am currently at 50% and I have submitted and still waiting on Appeals for another 110%, of which one is a 50% rating for Sleep Apnea whereby I have fully compiled with all rating guidelines plus nexus backed by two IMOs linked to secondary s/c already cited in past BVA decisions on Apnea decisions............thus I do anticipate at some point having a minimum of a 70% rating derived from my Appeals whereby one disability would also be above 50% itself. .............thus MY QUESTION: I did not seek or included in my Appeals for Individual Unemployability because am only 50% thus not qualified at this time to seek same. In assuming my Appeal for Apnea is granted I will have acquired the required a total overall compensation disability rating of 70%, so can I still make a run/claim for IU at my DRO Hearing, or does that need to be filed now before the Hearing ever takes place to even be considered? I will receive a Video Conference Hearing at RO. Has anyone out there sought IU at their actual Hearing Date and got it based on Appeals exceeding 70% or greater once the Appeals were granted and awarded?

Good info there.......thanks for the heads up.

Thanks....will do.

Jimmer....very good info provided there. I really appreciate the advice. I do have one more question.....since I filed my NODs I have obtained two IMOs to present as N&M evidence in support of my Appeals..........the Judge, of course, would not be aware of this as I have been told not to send anymore evidence until my actual Hearing Date as that would only delay the timeline to be seen for a Hearing date. That said.......does the Judge ask that any N&M evidence be sent to him when they notify me about the VC Hearing date, so he's able to see the new evidence sumbmissions himself in real time? Or, does he just ask to be sent the N&M evidence right after the Hearing is completed.? Thanks.

If you have some Appeals already waiting for docket numbers and now want to file a brand "new"claim would that impact the existing Appeals process in anyway, or do they run on totally independent on different channels?

Jimmer............thank you....very informative and helpful information there............where was the RO for your VideoConference Hearing ? Having to wait only 9 months was pretty fast so I guess opting for a VideoConference does happen sooner than an in-perpon RO Hearing. I would be tickled to get a date even within a year of the Letter saying been put on waiting list. 90 days is not that long to wait on the results either.......BTW congrats on your favorable award.

Greats tips and advice as always Buck....much appreciated. I have strong evidence to present for Sleep Apnea and sinus increase so I feel pretty good. I like the fact it is a Judge as they can rule faster as I understand.

Thanks for the tips and encouragement Buck....your the best. As I understand a video conference is done the same exact way as an in-person DRO Hearing except a Judge is at the the other end of the video screen sitting in Washingtion DC. It will also take place at my regional VA in Waco. They said in a Letter it could happen sooner with a Video Conference than the in-person Hearing.......how much sooner seems to be an unknown. Yes, if any here have had a video conference I'd like to get your comments. Thanks.

Thanks for the tip Buck.

I sent in a Form 9 and VA sent me back a Letter saying I have been put on a waiting list to appear at RO VA office for a Veteran Law Judge to hear my Appeal via a Videoconference Hearing. It stated BVA can often schedule Videoconference hearings more quickly than in person Travel Board hearings. My two questions are to anyone here who (1) had a Videoconference hearing at their RO......how long did it take to get the hearing date after getting the VA letter saying now on a waiting list. and (2) did the Veteran Law Judge award Appeals on the spot during the Hearing, or was it done after the Hearing session? Thanks for any help to Q's.

I will call first and see if they require appts or allow walkins...........go from there. So much BS red tape and confusion to deal with but still dealing as it comes.

Great advice Buck and jfrei..........I am going to head to Waco RO next week and take my chances it will matter and also look at my C-File as well. I will definitely record that I was there as well. I was always under the impression an appointment was absolute but apparently not.

jfrei.........I am seriously considering doing a face to face RO visit very soon........hope not turned away for lack of an appointment......260 miles round trip.

Gastone & Buck, I had my last claim filed by the Texas Veterans Commission Office located at Dallas VA Hospital......it was for a Statement of Support for Reconsideration on a claim that the VA actually agreed that I had a SC disability but rated me at zero compensation 21 months ago. I was livid because the facts had been properly sent. I told the TVC officer I was wronged and that I felt Waco was messing with me. I told her I wanted to file a Reconsideration before I did a NOD (as would take much longer) on it. I simply provided the facts again showing where I had legally met the criteria for 10%. I do not know if VA considers a Reconsideration as part of an Appeal or not, but at that point I had not filed a NOD 21-0958 on anything to VA. It was delivered as a Statement of Support seeking a Reconsideration from 0% to 10%. I know this sounds un-Waco like speed, but they not only made the award this time to 10%....it only took them only about 100 days from sending in the Reconsideration. That was my last dealing with TVC....I was not impressed who I was dealing with.......just another clerk like the original VSO I started out with.......all they would say to anything was that's a legal question I can not answer. I then immediately preceded on my own to file 21-0958 on 5 Appeals 17 months ago, and I checked under Section III, a DRO Review (nothing was said of Hearing) but I also hand wrote (Hearing) to the side of it. I did not check Traditional Review. I never received a Form 9 or a SOC as they claimed they sent me. The only way I knew what was going on was through the status change on my eBenefits account. In fact, I have not heard zip until my eBenefits status finally changed last week. I guess my question here now is since I did a Reconsideration and won the increase is it possible VA treated the Reconsideration as an NOD Appeal even before these other 5 NODs were submitted at the same time 17 months ago. Further, the disability that I was awarded from 0 to 10% still allows up to a 30% max, scheduler rating, and I had qualified again between the Reconsideration award and the submitting of the NOD Appeal. As for the 10 to 30% rating increase that was one of my 5 NOD's that filed 17 months ago. I am still perplexed why VA is saying they sent me a SOC and had received my Form 9 ????. I fear they either got me mixed up with another case file, or perhaps now confused since I won a Reconsideration disability claim and then immediately filed a NOD on same exact disability again to be increased to 30%. Got any ideas? I'm working the Brazos River here without a paddle....seeking some ideas or hunches. I'm stumped. Thanks guys..

Buck.......I am seeking legal now..........before they up and deny all 5 appeals without the benefit of a Hearing or see all my N&M evidence still not on the table. Two of them have met all VA qualifying criteria......... so I don't need this messed up and drawn out any longer. I have not received a letter from a DRO.