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josef7070
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Posts posted by josef7070
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Hey Saxman: It can be a nail bitter as you move closer to the end. My experience has been good and bad. The bad was between 2009 and early 2014, when the phase were months in the process. As of late, the Waco RO has speed up a little bit, they are now suggesting 11 days in the decision and 8 days in the notification stage, of course you also need to take into consideration the script that they read which it depends on the work load and the specifics of your claim and the location. If or when you call e-bennies, you should be able to ask them how long your decision phase in your regional suggests. I caution you not to put to much weight in what they say. Good luck Saxman, I also hope you get favorable rating soon, God bless... Keep posting....
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Yes, I concur Berta, you are right. But, my question is why in heavens name when my claim, at the request of the RO Rep; "Sherry" in Waco, advised me that my claim had enough evidence for a rating, and to pull four contingencies from my Appeal to a re-open, she also, by phone?? told me that it would be at-least four years before I see an appeal judge, so I went ahead last year and re-opened. Now, the same rater that has been working my claim, since last summer, and my Feb an rated me non service connected, and who called me personally and told me that she was ordering and exam, why did she not ask the two previous re-opens?? So, that is why I said no, and I agree with Berta, that they will not rate me, but I was given an Appeal before a travel board next month, after putting up an argument to the Secretary, after five years of waiting. I thought that maybe if they don't adjudicate me properly, I can move that into my Appeal before the Judge, since I have a written email from the RO stating I can do that, and a fresh set of my eyes, outside of Waco, RO can look at it. I truly believe that the raters and the Doc's communicate and who knows what would happen if I wait many months for an exam, and then a unlawful rating. I would have to start the NOD all over again.... What's your opinion, and how long are exams good for anyway? The RO Rep at Waco told me yesterday that they are good for one year, I asked her if that is in writing, she said NO... No surprise there
Sorry for the long read folks.... Taking deep breaths and not letting this get to me to much. Hope everyone one is fine
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Georgiapapa, thank you Senior, will do. Navy04, keeping my fingers crossed sir, hope it moves very soon.
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Thank you all, thank you Berta. It just moved to Preparing for Decision, let see what happens next. Unbelievable, that all these steps have to be taken just to be treated fair. There was nothing extraordinary that I was asking for, like most of us.
Thanks folks,
josef7070
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Moved to Preparing for Decision just this afternoon, what a battle to get it there. I will reserve my comments on the raters, just so I won't insult the intelligence of others, and respect all of us. But,
WOW, no common sense on the VA.
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An individual from the RO at Waco just called, very pleasant, but wolves can be dressed in sheep's clothing as well. She told me that my claim as of today is RFR, ready for rating, that the date is 4/10/2015 in her computer. I explained that it reads Review of Evidence, she states that E bennies is wrong. Also, that the so-called Rater needs a exam which are only good for one year. Is that true that C and P exams are only good for one year? does anybody know please, especially when you have been diagnosed and being treated by three different doctors? Obviously she stated that upstairs needs and exam, but lets see how they rate my claim.
Thank you all....
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Thank you all for all of your attention and help. Thank you Berta once again, I just PDF'd the SECVA email requesting it to be applied to my claim as evidence.
I will email Ms. Hickey right now. Will keep all you posted, and I hope all is well with all of you.
thanks,
josef7070
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Navy04; I am sorry that you have to go through that. And wow, 8 exams. I am refusing exam, and asking them to rate me as is. I am curious to see what they will do with all of the documents, buddy letters and a strong stressor letter. But what get me, Navy04 is how they dont know what they are doing? I too, am getting tired, but I will not quite. Keep all of you posted!!!!!! God Bess!!!!!
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Can a Veterans request that Voc Rehab pay for law school? How long does a veterans really have in terms of time at education in Voc Rehab?
Curious
Thanks folks
Joseph
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Five years ago I began my disability and compensation claim not knowing what to do or how to write it. Since then, I have been through three denials and a small service connected rating only due to the fact that I did not know how to even begin putting together my claim. I was unaware of this site, or even that sites like this one even existed. Through this time, my family has suffered like most vet's families that go through this emotional roller coaster ride. So, last year after being denied again because the VA could not connect my diagnosed disability to my military, I sent a Form 9 requesting an appeal. I re-opened a claim with new material in August with four contengecies and waited. So, I received a phone call from the homeless prevention office in Waco, an RO VA employee in early October 2014 and she reviewed my appeal and my re-open and told me that I had enough evidence, at least in her opinion for a 30% service connected in one contingency. She advised me to close this re-open and to re-re open with a faxed signed letter to her, stating that I wanted to withdraw a broad Gulf War Syndrome and re-open with PTSD TBI Sleep Apnea and Anxiety, in which I am diagnosed with PTSD and Sleep Apnea and Anxiety.
To keep the other contingencies in appeal and to move forward with this re-open. I added more evidence and my wife wrote an emotional letter, harsh but not derogatory by any means of the word, as well as my mother. After words, in three months after being flagged hardship, I received a determination of 50 non service connected. I inquired my VSO and she told me that the rater was not able to connect my disability with my military again. I was devastated, so my wife and I have an attorney friend who with another attorney friend and my Vice Commander at the legion sat down with my and helped me prepare my stressor letter which was detailed with CFR codes and attachment to back up my disability. I also reached out to three supervisors and they all wrote good buddy letters. I also attached some court documents. I also attached all the Operation Sharp Edge, Operation Desert Shield, Operation Desert Storm, Hurricane Hugo events, all official through FOIA which I had requested in Feb and they sent it to me. My wife and I started to probe and ask questions and realized that the rater was leaving notes and possibly abusing her power because of my wife's and mothers emotional tough love letters, and probably offended her when we had CFR and FCR inputed in my stressor letters. Just last week, after reading this forum, and thank God for all of you and Ms. Berta who has help me so much in the past, I sent a email to the Secretary of Veterans Affairs as some of have. I received a reply, I know that it wasn't from Secretary McDonald but none the less it was a reply stating that they have forwarded my email with instruction to contact and fix the problem. I received a phone call from a helpful lady at the RO giving me an appeal date and, apologizing because it seemed as thought someone was moving my appeal from video conference to travel board and all of us know that travel boards wait time can be longer, she did not want to comment on who or how, but to help me, and she did, she gave me an appeal date for next month. She also told me that my claim was very strong and I should receive a decision in two weeks, the latest and she had received the letter from the Secretary and she confessed that she was instructed to call me. It gets better-no actually it gets worst. I was content to have this five year ordeal over.
But, two days ago, the RATER her self called me, and advised me that she is ordering another exam. I wish Berta and all of you could have been on the other line to see how condescending and rude she was. I told her that I just got through exams last year and I feel as though it was not warranted and that she was targeting me. I asked her if she had rated my claim last time, she said "yep, I rated your claim last time". Wow, I also asker her if she had received instruction to call me or had she read the letter to the Secretary, no answer. I buckled up and told her that I did not want her rating my claim and that I request another rater because I feel that she does not have the best interest for me, which I learned through HADIT, thank Goodness. I also told her that I will not take another exam and that they can rate my as is. She told me that she was going to let her supervisor know and that someone will be in touch with me in the future. In the future? After waiting five years. I have been doing some investigation and realizing a lot about these raters and their attacks on veterans like what happened to Ms. Lauren Price as she testified in a Congressional Hearing almost identical to what is happening to me. Comments from you brothers and sisters in HADIT? Any recommendations? Sorry for the long write-up......
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Still in Pending Decision, hoping that this week, it will move to review of decision. Hoping for a positive answer, keeping my finger crossed!!!
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Bravo!! You need to do what you need to do.
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Nicely put, I am going to take that advise. CONGRATS!!!!
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Congrats!! It is always so nice to hear when there is victory
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Thanks Master Chief for the info, good luck!!!!
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This site has undoubtedly help in every way, research, camaraderie, and good answers from its members. Most of all, it keeps my from going nuts from looking at ebennies all the time.
I am totally grateful they you all exist. JR
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I understand sir, my wife wrote a bold letter, nothing to hard, but the truth. My Legion Commander states that it is not impossible for the RO to target those who are "bold", which I hope is wrong. That obviously not legal. My 2nd reopen took two and half month and is was marked hardship and rated non service connected. Now I gave them an enormous amount of evidence, and I am curious to see what they are going to do,
rate me properly or not. I am still flagged hardship. But still have hope that RO will do the right thing. Also, I have read something stating somewhere that WACO has taken on claim from Philadelphia or something to that affect. How long did you have to wait from Prep for Decision to Notification on your FDC's?
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The location of the claim also makes a difference. In Waco, they have, so the say, reduced the wait time for claims to approximately four months, obviously
after they read there script "depending on the specifics of your claim and the pending work load" which is probably a license to drag feet. But, there has
been some improvement. The prep for decision phase is suppose to be 11 days, roughly. Reading what you wrote, I'm probably skeptical about that time
frame. I still keep my fingers crossed, the contingencies are from a re-open initiated by the RO, and it is an 2011 claim.
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Hello fellow veterans:
It has been four years and I think I finally retrieved all of my proper information, and ships movements, three buddy letters and doctors diagnosis.
I was given 50% Non-service connected two months ago and i Re-opened with my claim right away with the above info. I have been diagnosed with sleep apnea and PTSD. I am at the Preparation for Decision for two weeks, does anybody know how long this phase might be? Has anyone been upgraded from Non service connected to service connected? Any help would properly tame my anxiety..
Thank you folks and hope all is well with everyone.....
Pending Decision Phase
in Entitlement - Veterans Compensation Benefits Claims
Posted
Good morning all, I have a question. Is it feasible or recommended to attach a one-pager with some case law and federal regulation at this point in the decision phase, and will it hold up my claim to have it adjudicated? I hear that every time someone uploads anything in the uploader in ebenneftis that it delays the claim. Wishing everyone a good Tuesday.
Thank you josef7070