TexasPI

That is my problem too Broncovet...VA has given me no Reason and Bases for saying my accrued amount will remained unchanged regarding the CUE  1151  they 'awarded' but said no money due.
One R & B the director tried to get me to accept by phone was ridiculous and no longer an issue, (and never documented in any decision) but I had to fight that to resolve it anyhow..
if VA can prove me legally wrong so be it....but they haven't gotten close to doing  that yet and I still await the call back from the 'expert' who said he would study the regulations and M21-1MR citations I gave him  to support my position. This is why I never filed mandamus writ yet, as  the VA has changed the basis of that writ many times, with their phone calls and emails,but if they continue  refuse to apply the regs specific to my claims,I can then prepare a valid writ.
The fact that the VA man didnt call me back yet might be a good thing because I asked him to contact General Counsel for their opinion on what the specific regulations mean, regarding my claim.
Twice in the past VA insisted I was not eligible for 2 specific awards ,by ignoring the regs that provided for those awards.
It took the Regional counsel in one case to CUE them and then GC in DC after I asked them to square it away, for VA to suddenly apply the proper regs and send the cash.
So I could be wrong in misinterpreting these specific regs I am fighting over,  but past experience tells me that, as likely as not, I am right.
I also emailed NVLSP because their VBM since 1991 has had limited info on FTCA as well as 1151 claims.The VBM was all I had when I FTCAed and 1151 them in 1995. M21-1MR still uses the same examples for cases when a veteran has a SC rating and also a 1151 separate rating.
Their examples do not come near my situation. My husband was (documented by Nehmer award and recent decision) 100% under both direct SC and 1151 plus SMC.
M21-1MR clearly states that a veteran cannot be 'deprived' of compensation from either of these issues or both of them.
 
 
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I got 2 Very fast decisions this year.  Both were denials, and both were very low quality without adequate reasons and bases.    It means I get to spend the next 4.5 years waiting my turn at BVA, where the BVA remands it to the RO to give a R and B, and we start the hamster wheel all over again.  I would really like to go back to the old way, where decision quality was higher.    The quality of decisions is so low, I get almost a guarnteed remand and hamster wheel ride for a decade.    

I agree. Don't count your chickens before they hatch.

First, go to the hearing!
If you have any idea of what basis the VA is using to try and reduce, you should be able to counter it if at all possible with evidence of some kind or another.
This may involve an independent medical opinion (IMO),etc. Even a letter from a treating doctor or others qualified to comment is better than nothing.
Without details of what the award was for, and the basis for the proposed reduction, it's kinda hard to make useful suggestions.

broncovet
I know its frustrating  but you can't give up and let them win
What was there reasons & bases of there decision?
if they did not read your evidence and you can prove it  go after them with a CUE
If all your evidence  shows to be favorable, resend it with another NOD.
or what ever you have to do, they eventually will read your evidence.
 
sorry to hear your troubles  but never give up!
 
...............Buck

This isn't an answer but just wanted to say sorry they didn't read your evidence. I've only been dealing with claim issues for the past two years and it's very discouraging. Can't imagine how you must be feeling.

...And denied me again.  The doc offered highly favorable evidence, and VA did not even list that exam as evidence.  Im getting discouraged..I have been at this 13 years, and its the same old same old.  
4 to 5 more years to get to the BVA, then another remand.  Ive..well "had it".  

Thank you asknod , I think that my RO has enough medical information to rate my claim. They just didn't look at it at all and now I have submitted more information from health care professionals who are specialist along with MRIs. I will keep you posted

You folks hang around here too awful long, you'll all be teaching the others after we turn into feebs. Pay it forward always. Too many get the golden ring and we never see or hear from you again. You won because your brother and sister Vets have a "Leave no one behind" mentality. Never forget that. You belong to a very special brotherhood of less than six percent of the U.S. and carried the weight for the other 94%. Good work on winning. I salute you both. Use your new freedom wisely.

me.plum,

Congratulations on your long overdue and well deserved award. Sorry it took so long for the VA to finally do the right thing.

Since your combined rating is now over 50%, you are considered to be in priority group one (1) in the VA healthcare system. As a result, you can use the VA healthcare system for any medical condition (service connected or non-service connected) with no copays for VA medical care or VA prescriptions. Your health care at the VA is totally free. You can also go to the business office at your VAMC and request reimbursement of any copays you paid for VA medical appointments or VA prescriptions retroactive back to the effective date of your recent award that put you over 50%.

Good luck and Semper Fi.

GP

Retro on Saturday and officially P/T, Iam not happy with retro so have put in a letter to VA evidence intake Center as per peggie 800 line I was told to fax them my disagreement and they also have sent them a inquiry on my behalf. There fax number was given to me by them and told to do my disagreement this way. Fax number is 248 524 4260 just in case someone needs it. They used 8/9/13 as my date of claim when in fact and I can prove it, it was 8/9/12 which happens to be my birthday. I know I should be happy but after fighting for 5 years I want them to get it strait. Iam still waiting for brown envelope, should get tomorrow 4/13/20015. Too me its 12 months at $1600.00 or so I deserve it. Well any comments will be well taken. Good nite

Man, I can't make any sense about what is going on. The BVA decided my case on 2/20/15 ..All GRANTED . and nobody can give me a straight answer about where my case is. RO (Detroit) says its at the BVA - BVA says its at Detroit . I am completely dumbfounded. Does anyone have an idea about how to get this thing moving?

Kinda sucks having a case granted across the board that the RO bungled and have it handed back to them.

Greetings

My case was sent to the BVA Judge on 3 Jan 2015 and that changed to 3 Apr 2015...so I'm still waiting. How much longer do you think it will take?

Best Regards
Chiefhouse

Greetings

Here is the latest status on my claim. My Docket is 12-12-911.

Current Progress Description: Your case has been received at BVA and is currently with a Veterans Law Judge for appropriate action.
04/14/2009 Local VA Office Decision RO
03/08/2010 Notice of Disagreement (NOD) RO
03/25/2010 Appeal Pending RO
03/14/2011 Statement of the Case (SOC) RO
05/11/2011 Substantive Appeal (Form 9) RO
02/24/2014 Supplemental Statement(s) of the Case (SSOC) RO
05/22/2014 Certification of Appeal RO
11/19/2014 Received by BVA BVA
11/19/2014 Administrative Case Processing BVA
01/13/2015 With VLJ BVA
04/03/2015 With VLJ BVA

Best Regards
Chiefhouse

You and I chief are at the same date at the BVA. I sent a NOD on the EED. They low balled me 12 months. My appeal was granted but at a higher EED, should have been lower. They gave me from 8/15 but should have been from 8/12 So chief lets see how long it will take us. I just got notice on Eben date of LVJ 5/26/15 judge Alibrado same judge who granted my appeal. Good luck to you

Greetings

The BVA completed by claim and sent the package out today, 2 Jun 2015. Of course, I am very nervous but hoping for good results. Since I live in Hawaii, how long will it take to get my results.

Best Regards
Chiefhouse

Regarding time to decision, BVA keeps track of this and publishs it in it the BVA Chairman's annual report. You can find the reports here. When you look at time frames you see the typical shell game of when times are counted. Even though you file a VAF9 to the BVA the case stays at the RO for when you have a hearing. The time that it is at the RO-- two to three years-- is not counted as BVA having the case. BVA says that from the time of physical reciept of the file from the RO to decision is 235 days. The physical receipt language is more trickier in that I've seen it take up to six months for BVA to receive a file. Now that all files should be close to electronic, this delay should be taken out of the picture. So I would say that the average time is 235 days plus a couple of months for BVA to physically receive the file.

Still waiting chief but now advance to VLJ Alibrando for her decision Congrates

Greetings

I just received my BVA Decision Package on Friday 5 Jun 2015. DOCKET N0 11-12-911: Six of eight claims were REMANDED back to the Agency of Original Jurisdiction for further development…two claims were closed with no action taken. One of those two claims was for an increase in DMll for regulation of activities and episodes of ketoacidosis or hypoglycemic reactions requiring one or two hospitalizations. The RO denied the DMll claim increase even though the C&P exam (Nov 2014) he ordered check marked the box restricted activities; Tripler Medical Hospital Emergency Center Doctor on Duty annotated "restricted activities" in the release report,and my VA Provider for eight years wrote in her Notes, must comply with “restricted activities, yet the RO found a way to deny the DMll increase in Feb 2015. Everything is well documented. So, I’m confused with the events that have occurred in me trying to get fairness with the VA. What should I do next? Oh, I never received a transcript from my traveling BVA Board conducted in Sept 2014.

Best Regards
Chiefhouse

Same here chief, remand back too RO on my EED NOD. Its only one item so who knows. My VA decision package look pretty good, the VLJ looked as if she is fighting for me like she did on my appeal which granted me IU. Remand better than a denial. Well let you know how things work out.

well as I promise got EED back to 10/2010 on IU was asking for 8/2012 extra 12 months and the judge threw in vertigo which was denied back in 10/2011 as a gift ???? never ask for it . Soooo sent in NOD for EED with some paper showed effective date was incorrect and they gave me a better deal. So good luck all its been a 5 year fight but its done and now I will chill. Good luck chief. Never say never don't give up

I have had the best luck with claims at the DRO level. Once it gets to BVA, God only knows where it will end up. I had a traveling Board BVA some years ago on a CUE claim. The judge just took our information and the thing was over in 20 minutes. I had a lawyer do my brief. We lost. We appealed to Court of Vet Appeals. It was remanded back to BVA. We went back to Court. We lost. We went to federal court. The would not hear us. Now my lawyer and me are trying a new but related approach. This took 8 years. I started at the RO and went all the way to Federal Court. Once you leave the BVA it is war. Of course, it is war within the VA but benefit of doubt vanishes. Try to get your claim settled at the lowest possible level is my advice.


John

I had thought a veteran don't have to pay any co-pay if he is rated 30% above?
But I ain't to sure ? it maybe 40% or 50% but it seems to me it was 30% a few years back or even lower?

But if the VA screwed me up like that I'd file something against them like MALPRACTICE Suit. in this case I don't think it matters about being SC


......................Buck

Have you filed out the means test or hardship papers.

I hope that you have a very good attorney !
If not, I'll give you the name and phone #.