paulcolrain

Thanks!  Several of my claimed conditions show as closed and granted, and of course the two straggler remands, which the BBE confirmed a couple of months ago.  I'm just sitting in "hide and watch" mode right now.  The ebenefits and VA.gov sites are more of a way to keep from sitting on the Peggy line for an hour when they tell you the wait time is "5 minutes" at the beginning of the call.
I learned a long time ago not to take much stock in what VONAPP, ebenefits or the new VA.gov site show as for as prophesizing what will or may happen, and use them more as tools to manage my own current awards and benefeits, etc.  However, I confess that I really enjoy watching the little VA.gov appeal status bar each day to see where I am.  54,203 Yesterday!
Have a good one!
Mark
 

starting this post my thoughts where for all of us as they still are....... starting this post i was under the assumption that at least 30 or more would chime in stating that they are in the dark with no answers and no where to go after a judges decision.....
im still here and i will still monitor this post but i do need to say theirs light at the end. i do not have retro yet but i do have my AB8 change... im 100 and its perm & total with the com letter... im grateful. but im still concerned about the time frame this is taking for all of us. i will tell all that this new thing on e benefits is exactly 30 calendar days since i reported on the white house hotline expressing my concern .
though i do not believe it should matter i will say that,
1 im not retiered
2 i dont owe money
3 i was not involved with a remand this time
4 judge granted diagnostic code
5 judge granted percentage
6 judge granted effective date///
so then the taxpayer software they use needed to push out a win sooner than later because the down seem issues just not there for them to argue.
 

when i was thinking about this post i was trying to see if i the va was doing something out of ordinary. reason is,, 2017 partial grant rest remand... retrieved my retro and increase 3 weeks after judge stamped decision. now i was seeing i thought that since january of 2018 VETS are getting wins but AMC nor VARO are in any rush to implement. i was told today on the phone from bva obuds that the VARO are pulling DRO to do RAMP and leaving those that are not RAMP upto AMC. mines not RAMP.  

im starting to see a lot of people are and have been in the same boat as me regarding retro and change of rating percentage. this question is to kinda find not a time frame but to solidify that something is really off with VA. obviously right im just starting to feel that maybe since this new Ramp program if the DROs or the processors told to drop some things and pick up on RAMP appeals. my past BVA decisions award came within 3 weeks and now its been over 6 weeks since judge grant.
so please submit answers as a story and a time frame if you could. THANK YOU

when i was thinking about this post i was trying to see if i the va was doing something out of ordinary. reason is,, 2017 partial grant rest remand... retrieved my retro and increase 3 weeks after judge stamped decision. now i was seeing i thought that since january of 2018 VETS are getting wins but AMC nor VARO are in any rush to implement. i was told today on the phone from bva obuds that the VARO are pulling DRO to do RAMP and leaving those that are not RAMP upto AMC. mines not RAMP.  

When a decision has been made, BVA returns the folder to the Appeals Management Center (AMC) or the RO for review of the claims folder and implementation of the decision, if necessary.
Important: The AMC or RO should implement BVA’s grant or partial grant of benefits in any favorable decision before initiating development of the remanded appeal.
treysnonna, this wording came direcly from the RO procedural manual ... you can google it M21-1, Part I, Chapter 5, Section G

Thanks, for everything!!!!!

pr

Broncovet.
 
Well said man.  I've been rated 50% for hearing loss and 10% for tinnitus since 2013.  I feel it's worst now at 38 then when I got that rating at 33.
Depression is huge with my hearing loss. I mean HUGE.  I often give up talking to others before I even try.
As far as the imo or one.
Me and a buddy both used Dr Bash to right an IME for both of us.
 
The person who looked at my friends a greed with everything the ime said and my buddy got 100%...up from his prior 80%
 
The person who looked at mine contested everything in the ime and I remained at my previous 70%
I guess the point is.....Yes it's a great weapon....But you are still fighting a flawed system

It is near impossible to find a doctor to even see us without insurance, let alone fill out an IMO.  Sad state of affairs really.  I hate using the VA more than anything but have no other choice.  Veterans like me are screwed, if you get a back doc, well that is how it is.  Fighting is futile really until you get enough ammo together to get someone involved to fight for you that has more pull than you do.  Now, if I were a post 9/11 veteran I would have all the resources available to me, from the VA as well as organizations that ONLY cater to post 9/11 veterans, who btw will never get a single penny from anyone in our circle of friends, family or veterans.   So, I just fight another day and tell them if they refuse to provide me care, fine I won't set foot in a VA mh clinic or hospital.  I will be dead first.  I trust them about as much as a trust a  crack head with a bowl of crack.  ZERO.

On my first claim for SC I sat down and started calling every specialist in the phone book. I found one who would give me an IMO for 250. I provided info about how the IMO must be worded and he did a bang up job for me. Claim was approved rapidly because my file was hardship at that time. 250 was a great price in 2014, if they wanted 500 it was a great price. 
The IMO needs to describe the "etiology" of the condition that links your active duty issue with the current issue. That is a term used to describe the technical reasons of how your service connected injury is related to or a result of a condition you are dealing with now. As long as your IMO contains an etiology, its almost a sure thing that you will be approved. Remember none of the MD's giving IMO's will lie for you. If they say no, its probably no. If you want a second opinion go for it, but if you hire an MD on the outside they usually dont have an axe to grind with anyone. Be ready because there is a possibility that the IMO rejects an etiology that you are seeking.

An IMO won an impossible case for me.  I contended that the heat stroke I suffered caused my neuropathy, this was denied in toto by the VA even though a letter by the Secretary of the VA noted that a heat stroke could cause neurological complications.  The doctor who wrote my IMO said all of the right things, including that contemporary medical literature supported this contention.  And it only cost me $1500 from a local doctor.

Well put Paul-
I find that when I advise widows here  to do that, they often do not heed the advice.
I know it can be a major expense, but I did it myself for my AO DMII death claim and would have never succeeded without IMOs.
A request for an IMO/IME should include the C & P exam that denied the claim, so that a real doctor can knock it down.I recently requested a copy of a ridiculous C & P exam that had no basis in fact, yet the VA had an IMO from VACO,done for my FTCA ase, that was completely ignored. I won that claim by filing CUE the day after I got the denial and they awarded within a month. The point is ( I am still ticked by this) how ridiculous their so-called "medical review"  was.I want to complain to the Secretary about it and every past ridiculus posthumous C & P exam they did after my husband died.I think many widows do not know how to even combat this crap-and it will take a posthumous review by an IMO/IME doctor.
Same for vets as well......as you said.....
I think vets should get tgether and file a Class Action when they have proof of a lousy C & P that denied that claim, and then proof of a IMO/IME that awarded the claim. 
 

Paul Colrain,  thank you for sending me the info on ro procedural manual on the M21 etc.  I called Peggy yesterday.  I quoted that 120 days.  And she wanted to know where I got that info.  So I quoted the M21-1 chapter 5 part 1 g.  And I checked ebenefits and it is now showing 90% instead of 80.  It likes. 3 days being 120 days?  Ya.  I wish everyone else good luck.  Now wait again on the remand now.

A-N, if I had feelings, saying I "misspeak" would bruise my feelings. Somebody, not you recently talked about he was not concerned with the Award or Retro $$. Only thing I can think you might be needing, is "MO Time" to enjoy the fruits of your VA IL Greenhouse, the size of a 2nd home. 
The clock just keeps cranking, try to enjoy some time for yourself, I'm trying with whatever time is left. Seems like all of a sudden, I'm more jamming as much with my Grandkids under 6, just for their positive memories. However, as of today, I have forbidden them to address out loud that I may be guilty of "Mispeakean."

Gastone, my friend I'm afraid you misspeak. Even though I personally do not need the money due to my being blessed, think about this a little more deeply first. There is always a "back story" no one considers unless they walk the walk themselves.
When I began doing this after accreditation, I had many waiting who wanted me to help them. A brand new lawyer would not have that luxury. He would hang his shingle out and begin accepting clients. But remember... to get that Juris Doctorate degree, he had to graduate from a four year college and then graduate from three years of law school. My son just did this. VA paid the first 4 years- sort of- at about $925 a month.. He  had to rent, eat and pay for electricity/water/trash/car insurance, gas, cell phone service-and whiskey. After graduation, he had to study 4 months and sit for the bar exam. Then find a job. If he'd gone into VA practice solo, he'd have to come up with the $ to lease a place, hire a secretary and equip an office with copy/scan/fax and VBMS access. He'd have to advertise, too. And  have to take two weeks of training for VBMS to "graduate" and then 6 weeks for the Criminal background investigation etc. It took me a year from my VAF 21 filing. I had to prove I was medically and physically capable.
My son has a Pell grant for his education. It's about $200,000 @4.8% interest annually. A monthly payment is huge- like another house payment. Don't tell Cupcake but I "loan" him $ every time I see him. He can't even afford cable tv yet. 
Now let's talk about making money. From my first client, a 94 yr. old Marine Infantryman who had PTSD since 1944, I filed a NOD for increase from 30% to 100%. That was after I filed his claim for free. I won with a private shrink IMO six months later. That was another $2 K out of my pocket temporarily. VA makes you wait 60 days just in case the Veteran files a complaint that the lawdog screwed him. They take two weeks after that win date just to enter it into VBMS to begin the 60-day start date. About 70 days later,  I call up my CMA Tina and ask when I'm going to see the $. A week later, she calls me back or emails and says I should be hearing from the Attorney/Agent Fee Coordinator (AAFC) soon. A week later I get that call. Dennis says there's a time lag from the time he "certifies" that it is a valid "Debt" the govt. owes me until I'm gonna get the $. Turns out, he just certified it before he called me- but only because Tina assured him it was overdue. Time lag now? Another one month and one week average to seeing it deposited in your account. Oh, and I forgot. VA deducts $100 from us for "VA processing and handling charges". So, from the day of the client's win to the day I see it in my acct. is 107 days -give or take a week. That's just one client sir. I won one at the BVA on 3/18/18. VA rated him 6/27/18. I don't even see the payment to the Vet entered yet. I'll be lucky if I get that by Christmas. Getting your $ out of the VA, if you're a leagle beagle, is like pulling teeth out of a live alligator. Imagine having to call twice a week and remind them they owe you $. That subtracts time from representing other Vets. 
Trust me when I say the attorney or the agent needs the money just as much as the Veteran does. If it goes on appeal to the BVA, it's going to be four years from the day you filed the NOD, if you're lucky, to get to the point where you wait that extra 107 days for the retro. And to be clear, you don't get the retro for the 107 days. You get 20% -less $100- from the day of the decision in the Vet's favor. And no. We do not get EAJA fees for representation at the BVA-only the CAVC. It's not all champagne and roses by a long shot. Personally, if I didn't have the VA comp/SSI, I couldn't even imagine doing this for a real peanut butter and jelly sandwich living. If I were a real attorney, I'd have to ask myself why I was struggling to get paid 20% 3 1/2 months after a four year delay in justice when I could charge 40% chasing ambulances and get paid two weeks after the insurance co. agreed to settle out of court- and without that stupid $100 donation to the VA Christmas Bonus fund.
But I will say you couldn't pay me enough to quit doing this. I hate what they do to Vets. I will die with my fingers on my keyboard.

I got a BVA grant , it took 6 months to get retro, being retired may have added to the delay.

The BVA is working faster than the ROs :
https://www.disabledveterans.org/2018/09/19/trumps-chairman-of-board-of-veterans-appeals-increases-decisions-by-25-percent/
I too had problems with a BVA award- but it was an unusual situation.
In a past old  BVA issue rendered moot ( the claim was awarded at the RO -DIC 1151 wrongful death)and I never thought to withdraw my appeal)
the BVA made a legal statement to this affect- if the appellate succeeds in a direct SC death,in the future , her FTCA 0ffset will be refunded. I thought that BVA statement ( and the decision it was in) was all I needed to send to my RO. But they didnt want to pay me until I called the General Counsel.
The BVA web site was down for many days lately- and this AM it is up but the links to the new BVA status tools are not working yet---I hope they get that running soon for anyone trying to get some idea how long their BVA decision will take.
 

I had a BVA grant and remand May 1st and have seen no movement at all. Nobody can give me a answer on my grant. Sometimes I'm told they might be waiting on my remand to be completed. frustrating.

Paul, the bva approved increase in diabetes from 20 to 40%.  That was on May 30.  They remanded renal failure and suggested he file for Iu.  We finally got that letter from ro and got it filed.  But no retro yet on increase in diabetes.

Probably the funniest detail I got from the Trump Hotline and my VSO is this
"You could get paid tomorrow or up to 17 months when your remand should be finished. So check your bank account everyday"
Checking my bank account everyday expecting the lottery for 17 months is a surefire way to turn anyone into a crazy person.
 
 

I’m I the only one having trouble signing in to Ebenifits?

Keep in mind that if they plan to reduce a rating or combine disabilities together (i.e. pyramiding), the VA is supposed to inform you in advance and give you a period of time to respond/contest it.

Entitlement to a disease or injury arises the day the injury occurred on active duty. With that said, entitlement to VA benefits arises when it can be ascertained a Veteran claimant has evinced  via a written request for compensation for the listed disease or a similar distinguishable one. Prior to 2015, you could file it on a sheet of toilet paper. Since then we're required to file it on an Intent form or a 526EZ. See §3.155.
A claim remains pending until there is some ascertainable evidence it has been adjudicated, either explicitly or implicitly. This evidence would be a rating decision either granting or denying it in your c-file. All you have to do is file. If you did not file for the injury/disease upon ETS, there is no claim. If the Army gave you a disability comp. check for $30,000 when you ETS'd, that doesn't constitute a claim with VA. That is a separate matter. I hear way too many Vets who finally win say   "They should pay me back to when I got out because this was what was wrong back then." Usually, even if you did file and lose, a CUE claim won't cut it. You cannot argue how the evidence was weighed using a Motion to Revise. 

NO PRE SERVICE PROBLEMS... THEN ENLISTMENT EXAM PASSES WITHOUT A PROBLEM..... THEN IN SERVICE PROBLEM..... THAT IN ITSELF CREATES A NEXUS.... DONT BE FOOLED THAT IT DOESNT.... BY DEFINITION IF YOU HAD ALL EXAMS PRIOR TO SERVICE THEN YOU HAVE A PROBLEM THAT IN IT SELF IS A NEXUS BETWEEN .... DONT GIVE UP AND FIGHT IT..... IF NO ONE CAN SAY ITS BEFORE THAN YOU HAVE WIN AT BVA AND CVAC. DONT LISTEN TO VSO JUST GO ALL THE WAY TO COURT. THE CVAC HAS STATED TIME AND TIME AGAIN THAT THE GOVERNMENT HAS TO PROVE THAT NO PROBLEM WAS AGGRAVATED DURING SERVICE. NOT THAT IT WAS CREATED B4 OR AFTER BUT THAT THE GOV HAS TO PROVE NO INCREASE DURING.. THAT IN ITSELF IS THE NEXUS WHEN THEY BOTH AGREE THAT A PROBLEM EXISTS AND IT WAS EXISTING IN SERVICE.
 

Am rated at 0% fro scars.
Applied for an increase.
Had a C&P examination for the increased scar rating.
The DBQ of the examiner clearly pointed out two characteristics of scars which would have entitled a rating of 30%
Instead of granting the increased rating, the VA failed to award an increase and failed to send a written decision notification giving the rationale used for no increased rating for scars.
After calling and sending an IRIS inquiry on the status of the adjudication of my increase, I am told that the VA placed my denial of an increase back into NOD/Appeal queue.
By failing to provide the required written notification/decision letter informing why my increase was not awarded, I have the opinion that the VA committed a CUE
i defer this to the more experienced forum members for advice.
To CUE, or not to CUE, is my question.