paulcolrain

i agree totally. file the FDC then work backwards for EED BY USING CUE THOUGHTS.

ID LIKE TO JUST SAY THAT WHEN I WAS DISCHARGED I WASNT SURE IF I WAS GOING TO FILE. I TOOK A FEW APPOINTMENTS WITH ORGANIZATIONS THEN DECIDED TO. I REALLY DECIDED TO DO SO FOR THE ASSUMPTION THAT,,, THE MORE VETERANS THAT APPLY FOR COMPENSATION IS HOW TO HELP OTHER VETERANS GET COMPENSATION... WELL THIS QUICKLY GOT DEFUNKED WHEN I REALIZED THAT THE ONLY WAY FOR THIS TO BE TRUE IS IF YOU TAKE YOUR DENIAL ALL THE WAY TO CVAC AND WIN... AND THIS ONLY HELPS OTHERS WHEN YOUR CASE CREATES A NEW LOOK AT THE ALREADY GIVEN THOUGHTS ON THE LAWS. MY POINT IN ALL THIS IS,,,,, THE GOVERNMENT WILL ALWAYS SHOW HOW EACH CLAIMANT CASE IS DIFFERENT THAN THE OTHER BUT.... THIS SHOULDNT BE.. IF A CLAIMANT IS GRANTED A SC FOR AT LEAST THE SAME EVIDENCE AS THE NEXT WHO GETS DENIED. THIS SHOULD BE LOOKED AT BY CONGRESS SO THAT THE PROCESSING OF CLAIMS SPEED UP.... IF THIS TYPE OF THING WAS HAPPENING IN THE PRIVATE SECTOR OVER LAW SUITES. THIS WOULD BE FIXED... ITS CALLED LAW OF LAND ON SPECIFIC ISSUES AND THE VA DOESNT LOOK AT IT LIKE THAT. TO WRAP IT ALL UP....... ONE CLAIMANTS CASE DOESN'T HELP ANOTHER UNLESS IT CHANGES THE VIEW OF A LAW AND THAT TAKES WAY TO MUCH TIME.

I GOT AN INTERESTING ONE. SO A RECENT FOIA RESPONSE SHOWS A QTC EXAM REQUEST WRITTEN BY THE SAN DIEGO RO. IN THIS LETTER TO THE DR. IT STATES THIS.... PLEASE EVALUATE THIS BILATERAL HIP CONDITION FOR AGGRAVATION OF A PRE-EXISTING CONDITION. THIS BILATERAL HIP CONDITION IS CLEARLY A PRE-EXISTING CONDITION. THE QTC COMES BACK AND SAYS " THIS IS NOT A PRE-EXISTING CONDITION. THERE IS NO PROOF OR MEDICAL EVIDENCE, OPINION SHOWING ANYTHING REGARDING THE OTHER HIP ONLY THE PRE SERVICE CONDITION OF THE ONE HIP" IVE ALWAYS WRITTEN ABOUT THIS IN MY NODS...

""I didn't think any evidence existed since the VA said they couldn't find any. I made the mistake of taking them at their word. It wasn't until I registered for ebenefits that I was able to see some of my past records including the discharge physical. As I mentioned, the D.C. Physical clearly states in my problem list that I suffer from overactive bladder and was on medication. The VA had that document st the time of my rating but I believe they overlooked it. """ just to add some thoughts on this... get the exact wording and facts of the denial for this condition. if it states that they couldnt find any evidence WITHIN your service treatment records .. than they are saying that what ever they read then this is a very hard cue claim if you didnt appeal. if the wording states. couldnt FIND A RECORD or SOME RECORDS NOT AVAILABLE... THAN YES A GREAT CLAIM FOR CUE... THE other point id like to warn you on is the ,, SUBJECTIVE or OBJECTIVE evidence.. in other words... if your record you found states THE VETERANS COMPLAINTS OF LIST THAN THIS IS SUBJECTIVE... if your record states that THEY ARE DIAGNOSING YOU WITH .. THAN THATS OBJECTIVE... just remember that CUE CLAIMS WIN ONLY WHEN IT WOULD TURN IF ON ITS FACE AN ERROR OCCURRED.

another side note... lol.... just to maybe clear up some things. after an FOIA response i have the papers that show my substantive appeal was sent to the board in September of 2014.... then the BVA signed it in February of 2015... so, according to what im now supposed to understand is,,, Since my Docket # is of 2015 ,,,,,,the docket then is given once the bva says they singed it????? cus that really doesnt add up to what i read on line

another side note!!!!! i found this on bva for there stats.. though of course i don believe.. http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2015AR.pdf check out page 29,30, 31 pertains to this post

ill try to answer. so, from what ive read on various web sites,, first the denial then the nod then then appeal starts. now, vet has choice to bva hearing or video bva hearing. then the RO gets all things together and sends for a formal receipt to the bva to be doceted. now, this docet is supposed to go with the dates the appeal was asked for NOT THE DATE THE BVA AFFIRMED THE APPEAL AT THE BVA... SO that was just my understanding. i had a hearing at the DC office of BVA. i Had an American Legion Rep with me and a Nurse who knew my Nedical evidence. what i ment by rolling appeals into 1,,,, so i had 4 contentions that all had different NOD dates. the bva sent me a letter Febuary 2015 stating that they granted me a hearing date on may 2015. i checked Ebennies and the site showed that 2 contentions where decided. i called the bva. they stated that because all contentions arrived on or around the same time they rolled all into one appeal docket number giving it a docket number as the last one that arrived. when i arrived at the hearing,,, the judge said what we are here for and what was up on appeal... i said NO... PLEASE LOOK AND SEE THAT THE OTHER CONTENTIONS WHERE ROLLED INTO THIS DATE. HE SEEN THE NOTES AND AGREED AND PROCEEDED TO HEAR ALL 4... WHEN I CALL THE BVA THEY TELL ME ,, THE JUDGE HAS NOT MADE A DECISION YET ON MY APPEAL. THATS ALL THEY SAY.... SIDE NOTE,,, EBENNIES STATUS SAYS,, PENDING HEARING REQUEST... THEN I CLICK ON IT AND IT SAYS HEARING TOOK PLACE. THIS HAS ALWAYS BOTHERED ME CUS SOMETIMES WHEN IVE ASKED FOR EBENEFITS TO UPDATE CORRECTLY AND EMAIL ME RESULTS I USUALLY GET THINGS FIXED AND THEN GET DECISIONS ON THINGS WITHIN A FEW WEEKS. I HAVNT DONE IT THIS TIME YET....

your response is very thorough. ill answer best i can.. my case was heard in DC at BVA in may 2015. i had 4 appealls rolling and they snuck the oldest contentions into the last. in other words... my oldest appeals getting certified got rolled into my 1 appeal so id only have 1 hearing. on my oldest appeal i opted for a dro first then after 3 ssox,, i went for the right to have it heard before the bva. along with that a new claim that went to a nod i ended up saying no to the percentage and date. so i opted for the right of a bva hearing. they put all this together and created a docket # that goes with the newest.

ITS THE SAME SCAM THAT THE VSO PLAYS ON US. THE LONGER WE STAY ON THERE RANKS THE MORE MONEY THEY CLAIM FROM CONGRESS THE NEXT YEAR.

ID LIKE TO JUST CHIME IN SMALL.. TRY TO SEE IT FROM THERE POINT,,,, NO MONEY IN AN EARLY CASE WON. JUST THINK THAT IF YOUR CASE WAS EASILY WON AND THEY COULD GET A GOOD PAY DAY THEY WOULD, NOW,,, IF THERE ARE SOME THINGS THEY SEE IN YOUR CLAIM THAT ARE NOT GOOD BUT IF THEY BS YOU FOR A FEW YEARS AND YOUR STILL THERE CLIENT AND THEY HAVNT DONE ANYTHING REALLY BILLABLE THEN WIN YOUR CLAIM... THEY HAVE A PAY DAY WITH LOW BILLABLE HOURS.

ALL IVE EVER SEEN IS,,, NEVER STATE WITHDRAW ANYTHING... NEVER SAY SORRY... JUST ADD TO AND LET THEM FIGURE IT OUT.. MORE DATES ON PAPER IS BETTER THAN WORSE. AT ONE TIME I SAID YES IM HAPPY WITH THE INCREASE BUT I WANT TO ARGUE THE TIME GIVEN. THEY SENT ME A LETTER SAYING THAT I AGREED TO ALL. THEN I HAD TO FIGHT THAT I SAID NO TO THE DATE. SO STUPID TO GIVE THEM ANY TYPE OF LETTER CONTAINING A YES.

ANOTHER NOTE I MIGHT ADD IS THAT MY NOD IS 2010. AND, THE ONLY REASON I HAVE A NOD ON 2010 IS BECAUSE THEY DIDNT FIND MY SERVICE RECORDS UNTIL 2010 THEN GRANTED. BUT ALL SAID I HAVE A DOCKET OF 2015.. IF DOCKET GOES WITH NOD,,, WHY IS MY DOCKET 2015?

THIS IS THE STUFF THAT CONFUSES ME.. HE HAS A COMES ON APPEAL DATE OF 2011... THEN HAS A 2013 ADDITION OF THE RO SO THATS ANOTHER SSOC. THEN DOESNT SEE JUDGE TILL 2014/// BUT WHOLE TIME HAS A DOCKET OF 2011????? HOW IS THIS. HOW DO YOU HAVE AN APPEAL IN PROGRESS WITH THE RO WHEN THE BVA DOESNT RECIEVE TILL 2014 BUT STILL GET DOCET NUMBER FOR THE 2011 DATE?

i see a lot of things on line regarding time frame. most start with the word NOD,,,, well im trying to get a real conversation on time frame. im not asking about returns to bva or when your appeal started,, i know that info.... MY QUESTION IS,,, ONCE YOU MET THE JUDGE IN DC AND DISCUSSED YOUR CASE AND HE SAID THATS THAT,, NOW WAIT FOR MY DECISION,,,,,, HOW LONG IS NORMAL..... HOW LONG IS NORMAL TO WAIT FOR A JUDGE TO MAKE A DECISION ON A CASE HE HAS PRECIDED OVER?

thank you all for your responses and the knowledge you all provided. i have registered mailed all peices to both the BVA and the San Diego RO. also, after reading that fast letter i read this " Note: Evidence relevant to the appeal that is submitted before jurisdiction of the appeal has been transferred to the Board should be reviewed based on the above guidelines. Evidence relevant to the appeal that is submitted after jurisdiction of the appeal has been transferred to the Board should be sent directly to the Board. No adjudicative or development action will be taken on such evidence. See: M21-1 MR I.5.F.27.b and 38 CFR 19.37(b) " so i guess the RO was Right that they couldnt do a thing for me since the jurisdition is now with the BVA.

does anyone know who i send this to at the BVA DC office that handles this?

JUST SOME MORE INFO... just to pick you all minds, please remember from my statement that i have already had the hearing at BVA DC office but have not yet gotten a decision. i did fill out a waiver all ready for the evidence i was submitting at time, so, do i actually fill out another waver and send the QTC exam results to both that with all trust lol should already have?

after my BVA HEARING in may 2015.. and While waiting for the judges decision.,, the Regional office sent me to a QTC exam. this exam was done by request of the RO not the judge. the judge has yet to make a decision on my case but i just received my copy of this exam and it is so good in my favor infact it directly says key point is likely service connected. my Question is, should i assume that the BVA knows about this and already has this in my file as new evidence after the hearing or should i find out how to make this put into place so that they are forced to see it?

this site is obviusly broken. you can delete and not fix but what is sad is this site was a huge help to a lot of people now it seems as if its just a sight for ads.. i tried contacting you but your auto bot response just changes and that tells me your server needs a ton of work.

can log on but everything i try to use i get error code. is this happening for everyone or just me?

seems that any information that can be dynamically updated through servers 001 and 003 has been down now for a week. its as if they really do not care about this website at all.

my letters have been down for 3 months.

Further more, id like to see the actual voted on bills and bill numbers that these representatives voted on that created such red tape scrutiny on what evidence actually is. reason being is, i dont think our representatives voted on such crap red tape, i believe that the VA workers developed the red tape and thats alone causing the delays

my question has always been on , how is it that a social security claim can get processed within a year and they have less workers. the only difference i see is that the vso's like it when claims get delayed. there are no organizations getting money for social security claimants other than Drs and lawyers but with va claims we have this VSO and the time line is so much longer