saxman

The Regional Office cannot physically send the claims file to BVA until all pending NODs and all pending claims have been decided.  There can be no appeal issues pending before the Regional Office at the time the claims file is sent to BVA; otherwise, BVA will issue a Remand instructing the Regional Office to issue an SOC on any pending appeals.
Additionally, if the veteran has requested a BVA travel board hearing or BVA Video conference hearing, the claims file remains physically at the Regional Office until the BVA hearing can be scheduled.
In the past, if any additional evidence was submitted which related to the issues under appeal, then the Regional Office had to review the additional evidence, and if the appeal continued, it had to issue a Supplemental Statement of the Case (SSOC) explaining why the additional evidence did not change the prior decision and give the Veteran 30 days to reply.  If yet more evidence was received, another SSOC was issued with another 30 day reply period.  There was no limit to the number of SSOCs which could be issued.  The appeal could not be certified to BVA until all of evidence in the claims file had been considered at the Regional Office level.
If an appeal was certified to BVA and additional evidence was subsequently received, the Regional Office had to either obtain a waiver of jurisdiction from the Veteran or his Representative, or the appeal had to be removed from certified status and another SSOC issued.  Following the 30 day reply period, if no additional evidence was added to the claims file, the appeal could be re-certified to BVA.
This is the stage where many delays occurred because many Veterans have multiple appeals pending in various stages of the appeals process.  Additionally, they will also have new claims pending in various stages of initial development.  Therefore, every time additional evidence was added to the claims file, the Regional Office Appeals Team had to review all of the appeals to determine if an SSOC was necessary.  If so, then any appeals already certified to BVA had to be removed from certified status, and the process continued to repeat itself until such time that all evidence in the claims file had been considered in a decision at the Regional Office level.  It was only then that we could physically transfer the file to BVA jurisdiction.
Effective February 2, 2013, Section 501 (Automatic waiver of agency of original jurisdiction review of new evidence) of Public Law 112-154 took effect.  This change in law established an automatic waiver of Regional Office (agency of original jurisdiction) review of evidence received after receipt of the substantive appeal.  The evidence is subject to initial review by BVA unless the appellant specifically requests, in writing, initial review by the Regional Office.
 
..............Buck

Thank you Saxman!! 

Congratulation Flores97!  I know like many of us it was an uphill battle.  Never give up! 

I went before a social security judge a month ago and I just got the letter from the judge today.
I am now considered disabled by the US Government!!!!!
Im getting back pay of $2300 a month times 26 months.
I think thats 58k or so but 6k will be going to my lawyer.
 
As far as I know there is no tax so I should get a check for around 50k.
Ive been unemployed for three years and struggling to scrap by so this is truly a God send!!!!!
Ironically the same exact issues that get me 70% from the VA got me a Disabled decision from the Social Security Administration.
The VA rates me...
 
50% hearing loss
10% tinitus
10% left shoulder
10% right shoulder
10% right wrist
 
For a total of 70%
I really cannot believe this!!!!!!!!!!
I feel truly blessed!!!!
 
I was devastated a year ago when I paid Dr. Bash 9k to do IMEs and the VA still kept me at 70%.
My lawyer says his letter is what got me considered disabled!!!!!
So it ended up working out for me.
 
Thank you Dr. Bash!!!!!!!!
 
70% from the VA plus the Social Security disibility monthly money combined is more than I ever would have gotten from being 100% from the VA.
I get 1650 from the VA and 2300 from Social security Disibility.
 
3950 a month tax free!!!!!!!!!!!
I can finally rest.....
 
 
 

I have several Favorites 
the one that sticks out in my mind  is the 4.6 Evaulation of evidence!
§4.6   Evaluation of evidence.
The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law.
This is usually why we have the ''prep for decision''
& VCAA  FROM 2000 I like too!
But What about the veteran that has their evidence and VA fails to read it or say they don't have it and denies his/her claim  and they have to get the appeals line....when other wise they had the evidence to prove their claim.
 Due Process seems to not mean anything with the VA.
This is a question that gets ask a lot  and I have no answer for?
 

I was just reading about Berta's favorite, and Alex was discussing one of his.  So, please give your "favorite regulation" for helping Vets win claims, and why. 
I will start:
Mine is 38 CFR 3.156, "New and Material Evidence".    Why I like it:  It enables Veterans to often get an earlier effective date, WITHOUT a CUE.  You can get an earlier effective date if you submit New Evidence WITHIN the APPEAL PERIOD, that is, on a "pending claim".  (38 CFR 3.156 B)
OR
You can get an earlier effective date if you submit New "Service Records" (anytime!) 38 CFR 3.156 C.  
Caveat:  It does not work well unless you can use NEW SERVICE RECORDS (3.156 C)   OR you submitted the new evidence when your claim was pending (3.156 B) 
Reason:  If you submit new evidence and its NOT new service records or on a pending claim, your new effecitive date will be the date you submitted the new evidence (bummer).  
Berta:  Please tell us why you like 4.6 and how it will help Vets, and the rest of you who have used a regulation to better your claim, tell us about that one, too!  

Victor Ray, Buck 52 and paulcolrain, I just want to add to Buck 52 statement about getting your congress person involved.  My congressman sent me a letter letting me know that he is there for me if I need help dealing with the VA.  In his letter he goes on to state that he has help many veterans get their just due back pay, over 800K. I have not had to use his office yet, but it's good to know that he has helped many veterans already.  In addition to that he is also a Dr. that use to treat vets.
jmo

Well any time we get a C&P its a good thing  other wise they get stamp happy and deny.

I am 20% right shoulder because of ROM, I was first 10% for arthritis and then filed for increase because of ROM (pain).  This was an in service event.  Service connected.
I am 10% left shoulder because of arthritis.  It was rated secondary to my right shoulder.  Not injured in service.  Service connected secondary to my right shoulder.
One caused the other over time, etc.
Two points,
1. From my experience, ROM will get you more than 10%.  Arthritis (by x-ray) and pain gets you only 10% every time.  Talking joints here.
2. For me, the big money is in secondaries.  Again, over time.  As your body falls apart.
I started out with 4 10's (40%) all primary service connected. Now I have an additional 3-20's and 1-30, all secondaries.  Plus a couple more 10's from new claims.
My 30% (secondary) is secondary to a 0% service connected disability.  So 0%'s mean something, don't forget that.
Keep plugging away,
Hamslice
 

FEAR:  False Expectations Appearing Real.  
a statement:  "at least as likely as not related to military service" is gold.  Dont leave home without it.  What is in your wallet?  

Then there is always the possibility that your "Well Meaning" VSO-Rep, didn't get your Original Claim filed by the "Drop Dead" Date. Have you or the VSO started a New FDC yet?
From your post, for some reason, it took you until Monday 12/07/15 to get (your paperwork?) back to your VSO-Rep. You didn't follow up to be sure is was forwarded to the VA? Could you elaborate as to why it took so long to complete your "Paperwork?" What DX's are you trying to get SC'd?
You learned a very important lesson, might be time to handle your own claims, just use your VSO as a sounding board regarding Claims Issues.
Just don't beat yourself up too bad for being a procrastinator and not getting your Claim submitted in a timely manner, which results in you losing 12 months of Retro. Your not the 1st Vet to screw up, and you certainly won't be the last.
I did the same thing myself in 12/15, missed hitting the Submit Button on E-ben by (1) day, my Bad. You Frack up, just suck it up and move on. It's your Claim, your responsibility, get back to work on it.
Semper Fi

You're welcome. Evidence of a chronic condition and evidence showing that it is at least as likely as not that the condition manifested during service is crucial when it comes to any claimed condition, especially musculoskeletal conditions.
Our job as raters when we initially get the claim is to make sure the claim was developed correctly and to review all evidence that is required to make a fair determination. If we get a claim, review all pertinent evidence in the file and there is no mention or evidence of a claimed condition in the service treatment records and the C&P/private physician examiner did not give a current diagnosis, our hands are basically tied. However, there are exceptions that apply to specific cases. If you were a paratrooper or your service file documented multiple jumps then we could service connect a related, musculoskeletal condition that was first diagnosed after service with no mention of it in the service treatment records. I think its up to a year after service (I'd have to check the manual). I only work pre-discharge claims and I haven't come across that situation for some time. 
I don't know your full situation, but please note... When you receive compensation for this claim, If you ever get activated again, you will have to notify VA so we can stop payments. Be mindful that more likely than not, the stop payment won't process until after you're back on active duty and there will be an over payment and VA will withhold any over payment from future compensation awards after your final discharge. Also, I would encourage you not to wait to file a claim for any disability regardless of whether or not you think will get better. The sooner you file your claim after service, the better. A lot of conditions are deemed "chronic" if they manifested up to a year after discharge. 
Sorry for the long response and I hope I didn't ramble or get off topic. If you have any questions, don't hesitate to ask. If I don't know the answer myself, I have access to a ton of resources and can get you an answer. 

If you think your chances is greater and faster At the BVA and your fairly sure you will win..Why not select the DRO process instead of getting in the BVA Appeal line? 
DRO Hearings and Reviews Are a lot faster , & yes I agree with some veterans that has selected a DRO Review or Hearing  only to be burned by the DRO.  & Naturally turned off with the DRO Process
When you have the evidence to back up your claim at a DRO Review  or Hearing  why not take the chance and get your claim Adjudicated  sooner rather than later going to the BVA.
Thats what I would do  common sense wise.

SAXMAN
You can check with the VBA (Veterans Benefits Administration) office at your local VAMC  & Request a copy of your last C&P Exam from QTC. (After your decision)...this helps you with your NOD.

AJones, I came up with 88% which is 90%!

<<Where did they get their call sheet from?>>> Where else? The same place the DAV, AmVets and the rest did. Within a month of my 100% rating in 2008, I got invites from a few to let them be my claimsmeisters. I just got this link from one of my members today and a little bit of research has opened up quite a bit of controversy. They're out of Gainesville, FL, not Arizona. I'm guessing they tied into a VA lawyer to hand it off to for another kickback. 
Now, re Broncovet's post (4/22/15), saying " Many Vets are skeptical of the "non attorney" (Vets) practioner[sic], that charges a similar fee as attorneys. Reason: Gee, if you want to get paid as a lawyer then get a law degree", I  strongly disagree. I know several Agents or "nonattorney practitioners" as we like to be called. Many of us have more knowledge than some attorneys with over 10 years of experience. I have yet to find one who can recite SMC chapter and verse from 38 CFR and cogently express all the myriad possibilities. EAJA fees, on the other hand,  are not based on the complexity of the case but being an attorney. An attorney can charge the lodestar based on an amalgam of all rates across the country which is a maximum of $187.50/hour. VA will not pay more than about $95.00/hr to a VA agent who prevails doing the exact same work. Similarly, we can charge up to 33% maximum if the case is very complex. I won't go over 20% which is the common rate because I have ethics. Most of what I make goes back into helping Vets because I am blessed and don't need the money. Broncovet and I have broken bread together several times and he knows my circumstances. We do it for Vets, not for our personal enrichment.
I'd be interested in any feedback from Hadit members on a successful outcome with these folks. They don't seem to be too terribly different from Dr. Bash or Dr. Ellis-just the new kids on the block. 

Great News...Maybe there clearing out the claims log for 2016 and its always great to hear about a WINNER.

I have a somewhat similar situation, but Im afraid the VA has gotten tipped off that I'm not all THAT dumb, espeically when I hired a lawyer, so they dont want to award benefits as they know that Im seeking them way back when Moby Dick was a minnow.  
If VA sends me a nice retro check, I dont care if they put in the comments, "This Veteran is an idiot."  In fact, I prefer it when my opponent underestimates me.  Remember, Goliath underestimated David.  

Always remember .....
"EBENEFITS STATUS IS NOT ACCURATE"
 
When we look at ebenefits we see those nice status boxes going from left to right and expect it to be like a production line..
1) design widget 2) ready factory 3) make first run 4) fix issues 5) next run 6) full production and sales
Its not like that.  the status is determined by who has it and how they have checked it in. 
The process works like this the VSR (Veterans Service Representative) is the guy who gathers your evidence, gets in teh VA system to pull medical records relevant to your claim and schedules C&P exams.  Once they feel they have "everything" needed to get your claim rated they send it into the long line awaiting adjudication by a RVSR (Rating Veteran Service Representative).
So when you are in the "Gathering Evidence" phase you are in the VSR line, when you get to "Prep for decision" that means the VSR has sent it to the VSR for review and rating.  However if the RVSR wants more info or it was sent to them without a C&P and they want a C&P done they send it back to the VSR and he/she schedules that and it goes back to gathering evidence phase. 
The status has more to do with WHO HAS IT and not HOW CLOSE AM I TO BEING DONE.  As far as VSR Review i am not sure, maybe the claim came to the RVSR not in the correct form, or was not complete etc and was sent back to the VSR to 'review' it and put the papers in the proper order. who knows. 
This is also why i print off all my VA medical records i want to make sure get reviewed by the RVSR.  I  know my medical records and what exam took place and when relating to my claim better than anyone.  This is why i print them and submit them with my claim.  I dont want to rely on a GS employee at the VA to gather my evidence, its my claim not theirs and at the end of it all the buck stops with us.
 

Each ear is rated separately, bilaterally,  but tinnitus is only a 10% rating  and its for both ears  as they can't distinguish which ear actually has the tinnitus?
 because its basically its coming from the inside of the head.
They don't know what the cause is for tinnitus. were lucky we get the 10%

Never went to a QTC Exam for anything. Seems like their quite common, as of late.
Went to QTC Company Web Site, to see who and what they're all about. My take away, don't expect to get a copy of any DBQ, including MH (PTSD). They stress in their Post Exam info, that the Exam is thoroughly reviewed by their Medical staff to insure it is clear, concise and absolutely covers in depth, the specific issues requested by the VA.
Probably take a FOIA Request to get a copy out of your C-File.
Semper Fi

Any scar can be rated and depending on the size, location and pain, it may cause, will decide how much the rating is. Scars on the face, or where others may see them, are rated higher.

pr

I have had this happen to me.  During my C&P the examiner stated that I should file for my left shoulder (arthritis) because she saw it during my claim for my right shoulder.  The VA took xrays of both shoulders for comparison. 
I waited til my results came back on my right shoulder, which was  service connected, then I claimed (new claim secondary to) for my left shoulder with the with only the VA's own xray of my shoulder.  I did write in plain English that the C&P examiner suggested that I claim my left shoulder in my written statement.
I was service connected secondary my left shoulder 10% arthritis by xray.
Anyway, thats how it worked for me.
If your concerned about the start date, then you could just add more to your current claim, but I don't like gumming up the works and let my claims go to fruition before I start up again.  Which, by the way, must start working on my appeal.
Merry Christmas,
Hamslice
 

If you knew how many Vets I have talked with that gave up and regretted it, you would understand.  
If you have a lawyer, you dont have much to do.  
Just let the lawyer worry about it.  Dont give up.  
Years ago, a girl friend of mine kept this on her desk.  
"Even worse than a quitter is the person afraid to try."  
You are already ahead, leading the pack of people afraid to start.  You can see all them behind you.  Every time she wanted to give up, she read that.  She succeeded in getting her EMT.  

LILS,

Give yourself a well deserved break. Relax and enjoy. Just a suggestion, save some of your retro for IMOs you may need in the future. If you want to pay it forward and help other vets, consider a donation to the Hadit website.

Good luck,

Georgiapapa