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paulcolrain
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Posts posted by paulcolrain
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congrats on IU.. knowing that vets get some wins is the strength that keeps us going. :)
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what is your docket number?
did you ask for advancement on Docket?
as far as i know,,, the veterans law judge makes notes during hearing then a legal aid goes through all claims then the legal aid suggests a response from the judge. though ive also heard that the judge hearing your case is not always the judge that signs off on the decisions.
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i totally agree with Berta as well. Congrats on this Award!!! looks as if its more than 10 years retro... also note to yourself,,, now that you have a 70% award you should talk to your husband about getting temporaly Total Disability from VA. i think its TDIU and state that your husband has been in this state since this appeal.
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i too had a strange thing with VA. i was Discharged in 2004. i did apply for Comp but was denied due to no medical records found in my service files. i didnt appeal because i figured they Knew Best and i must Be Wrong,,, i was still in be a great soldier mode..... all of a sudden in november of 2010 someone in the VA found my service records and gave me 10% i was totally stunned. i asked for answers and was told that the army lost my service records and then found them and sent 6 years later... so then i finally realized i needed to get informed about what the heck really goes on . it is sad to know how many Vets have Benefits and dont know because they got told no.
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im not a legal guy but,,, from what i read the top states that you appealed a 30% increase. so then when ever you filed for increase of the 10% is what the date of this appeal awarded you. another words... the day the VA received your request for increase. thats my opinion
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thank you all for the support. so the new Question is,,, after your Docket has been Advanced they no longer need to wait on decision in Docket order but,,,, are they still allowed to take all dockets before mine? docket year is 15 and my hearing has already taken place back in may of 15 in DC, so now its been advanced how long before judge looks at it???
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Just an update folks. So I got my letter today. Yes on Advanced Docket.. health & hardship. Very happy.
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Tres, I make sure that only 2017 is checked in the years and I put No 17 - in the search text box. It gets me docket numbers that start with 17
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BRONCO,,HAMSLICE,, true true thank you both for the comic relief.. it reminds me I'm not alone in my journey. R3D,, have u used a congressman B4? I'm a lil nervous like I'm not trying to piss anyone off at the BVA .. don't want them to just deny appeals so they can get me out of there hair..
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So January I submitted my eviction notice, electric shut off notice, insurance cancellled notice,, EVERYTHING for an advanced Docket,, to my VSO who's office is in the BVA building Washington DC. I was told within a few weeks I'll hear something. Well 100 + days later still no ruling on it & told they have a " Huge backlog of these as well since the new year" .. wouldn't you think though that any appeal with a docket date of 2017 then shouldn't be allowed to be adjudicated until older dockets who's advancement still hasn't been heard yet?
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ive always looked at the Date of appeals that the BVA is working on that is posted to the customer service website for the BVA. then you look at your Docket number. so if working on November of 2013 and we are in march 2017 thats another 2 years Before they start working on 2015 appeals... just my view
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On 2/23/2017 at 9:35 AM, Buck52 said:
I agree with paulcolrain
This Dr is full of it. if he was a VA Dr then just wants to use his credential as power that he can mess up a veterans claim.
I be glad when the VA gets Rid of all these kinds of Dr's, I had a VA Dr do this to me and had to go get a private Dr to rebut him and it worked.
http://onlinelibrary.wiley.com/doi/10.1111/j.1524-6175.2003.02830.x/full
I ALSO GOT TO SAY,,,, DIDNT THE BVA COME OUT WITH A FAST LETTER DIRECTING THE RO TO CHANGE THIS? LIKE I REMEMBER AT SOME POINT READING THAT,,, IF THE DOCTOR OR THE C+P CANT PROVE THAT IT DOESNT CAUSE A SECONDARY THAN THE 50% RULE GOES TO VET... IN OTHER WORDS FLIP WHAT Dr. SAID. SO ITS NOT THE CAUSE BECAUSE IT ONLY CAUSES HIGH BLOOD PRESSURE FOR A MOMENT OF PAIN... WELL THEN,,,, ISNT THAT A CAUSATION OF SECONDARY THAT GIVES TO VET? I MIGHT LOOK INTO MY OWN CLAIM NOW.... LOL...
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THINK OF THIS ONE....
IF THE BOARD OF VETERANS APPEALS TELLS THE REGIONAL OFFICE THAT THEY MADE A MISTAKE THEN THE APPEALS TEM WITHIN THE REGIONAL OFFICE GETS BUT HURT BECAUSE THERE SUCCESS RATE GOES DOWN AND THEY DONT GET A BONUS! SO LETS PUT IT THE OTHER WAY. DRO INSIDE THE REGIONAL OFFICE IS IN FACT ALLIGNED WITH THE RO SO IF THEY STATE THEY ARE WRONG THEY ARE TAKING BONUSES AWAY FROM THERE OWN PEOPLE THE PROBABLY DRIVE SHARE WITH.
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On 3/6/2017 at 4:14 PM, Berta said:
I am guessing that the VSO has not prepared the 646 yet.
Here is a blank 646:
https://www.va.gov/vaforms/va/pdf/VA646.pdf
In a letter I sent to the Secretary this was one of many ways I identified as causing the backlog.
I suggested the 646 be prepared as soon as the I-9 has been prepared-and attached to the I-9, as that way the same VSO who is familar with the claim can prepare the 646,instead of some VSO probably in a DC office.
The 646 is an absolute time waster unless the VSO is willing to add additional argument to support the appeal.Most of them can check the first box on the 646 because they dont have a clue on how to prepare a valid argument.Or they do have a clue but dont want to take the time to do it.
Very few 646s are ever mentioned at all by the BVA in their decisions.
Because very few 646s actually raise good points of argument that the claimant might have overlooked in preparing their I-9.
This form is a chance for VSOs to actually "represent" the veteran on appeal and one more chance to seek legal errors in the decision being appealed.
If most VSOs are not able to push the claim forward with a strong argument, what is the point for them to be expected to file out a 646......there is no point....and they have an endless stack of these forms.
I am beginning to believe that the entire VSO-vet rep POA idea is a crock.
Vet reps get paid whether they help with a claim or hinder the claim.
I dont know if you can contact the VSO who actually has the 646 for your appeal..and I don't know if that would do any good.
Then again -if this is a delay because of a good VSO presenting a valid argument for the claim....it would probably be well worth the wait.
I am beginning to believe that the entire VSO-vet rep POA idea is a crock. IVE BEEN TRYING TO START A THREAD ON THIS BUT I KEEP GETTING SHUT SOWN.. IM SO CONFUSED ON HOW THEY WORK FOR US IF THERE MONEY COMES FROM OUR ACTUAL WAITING AND THERE NUMBERS. ANOTHER WORDS,, IF VETS DIDNT WAIT THEN THERE NUMBERS WOULD BE LOW THEN THERE PAY WOULD BE LOW AND THERE INFLUENCE WOULD BE LOW
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14 hours ago, allansc2005 said:
Buck,
I'm a true testament of the DRO route.
They love it when the veteran comes in "locked and loaded" with records, medical records, C&P exams, past decision notices. And law cases that pertain to the case.
I took your advice and won my cases-CUE and IU on the spot!
Allan
2-2-0 HUAH!
i believe you im just realy stunned because IVE NEVER HEARD OF A DRO MAKING A DECISION ON THE DAY OF A HEARING ??? COULD BE WRONG BUT NEVER HEAR OF IT!
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8 hours ago, allansc2005 said:
I requested a review in July 2015, and had my review on 12 January, 2017.
so i started this because i was trying to show that if you go for a DRO review you miss the Date for a BVA hearing Docet Number. now of course if you get a good response from the DRO review than cool but if not your 2 years behind the 8 ball now as i see it. IM DOING THE MATH AND,,, if you req in 2015 got in 2017 and still wondering... lets say you didnt do DRO. so in 2015 you would have requested a BVA hearing with all the same evidence. now we are in 2017 so you would be only like 1 year away from an adjudication or remand. now that being said,, if you dont like the dro hearing answer you still have to get i9 certified by BVA as the date you sign it after your DRO hearing so you will have an additional 4 years to wait. all need to remember.. just because you appeal that does NOT MEAN YOUR APPEAL DATE WITH THE BVA IS YOUR DOCKET DATE. YOUR DOCKET DATE IS THE DATE AFTER YOU CERTIFY YOUR I9/ SO YOU COULD APPEAL AT THE RO FOR 10 YEARS BUT WHEN YOU BRING IT TO THE BVA YOU ARE BRAND NEW.
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https://iris.custhelp.com/app/answers/detail/a_id/3033/kw/3033/index.htm
THIS IS A LINK FOR VETS LIVING OUTSIDE US. IT HAS ANSWERS.
I DONT THINK IT MATTERS WHICH ONE YOU CHOSE. YOUR HEARING DATE SHOULD HAVE HAD A TIME AND PLACE?
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i have similar back issues. DJD and nerve. i did try this as well. i put in for hypertention due to pain and i got a denial. the denial stated from Doctor ( wich i dont believe) said, all medical dictionaries state that chronic hypertention is not a secondary due to pain its only a brief of high blood pressure. in other words,,, they said that hypertension needs a reason and pain is not the absolute cause. you will need an IMO directing that it is due to pain for you.
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now the bva customer service site today is stating...
- Currently, the Board is generally distributing cases to Veterans Law Judges for adjudication with docket dates up to November 2012.
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id sugesst same. also find a way to get an MRI of spine... make sure the Dr. are using Tool to get true degrees of flexion not just eyes or perception. also read up on radiculopathy online and see if you have any of the symptoms.
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On 12/29/2016 at 8:47 PM, broncovet said:
There can be other reasons. One example:
You have a 2013 docket date, and the case is remanded. Your remand is denied, again. You appeal the remand and, at least some of the time, you get to "keep" your old docket date and dont have to start over.
That is what happened to me. I had a 2009 remand. It took the VARO 3 years to implement the remand, in 2012. It was denied. I appealed. IN 2015 it was denied again. I appealed to the CAVC which remanded it again. I think I still have the 2009 docket date. With a 2009 docket date, my case should get worked before 2013 dockets WITHOUT an advance on the docket.
This is because a remand "requires expiditious treatment". For VA "expiditious" means 8 years.
Bronco, i understand remands but again when you read the citation you see the entire case. anotherwords,,, if this was a remand than the remand happend after 2014. if the backlog now on the website states january of 2013???? again how did this happen and many like it.
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The House Committee on Veterans' Affairs reviews veterans' programs, examines current laws, and reports bills and amendments to strengthen existing laws concerning veterans and the BVA
https://veterans.house.gov/ twitter is,, @HouseVetAffairs
all the congress persons who are on the comity are listed and the twitter accounts are there to.
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whats strange is,, fiscal year end 2015 report for BVA was submitted to Congress. same for 2016.... but No one noticed??? like why is there absolutely no news on this issue?
38 C.F.R. § 20.900(c) (2016)
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
OK HI FOLKS. SO JUST AN UPDATE. WELL ITS BEEN 30 DAYS SINCE MY ADVANCEMENT WAS GRANTED AND STILL NOTHING. FRIDAY WAS TOLD THAT IT HASNT GONE TO JUDGE YET . I HAVE SEEN SOME PLACES THAT MY ADVANCEMENT SHOULD GO TO LINE FROM DATE I ASKED AND THAT WAS STAMPED AS OF 02/11/2017... SO I GUESS THEN ITS BEEN ITS BEEN 150 DAYS SINCE.. ANY WHICH WAY ILL KEEP ALL POSTED SO I CAN PROVIDE THE LEARNING EXPERIENCE.