ShuMan

Good luck! Once I got my appeal documents, I was overall impressed with there work. very detailed and layed out in an easy to read manner. I also added some of my own medical evidence such as private medical diagnosis and an IMO from valor4vet. 

Thank you so much for that email! I got a call from the Indianapolis RO saying they are going to set me up with a C&P for my knee claim. Ted got the ball rolling! I'm going to hold off a couple months on using the secretary's email. Once this claim gets done I'll email him about the NOD. The RO lady said they are working NODs from 2014 and mine was 2016. 
Thanks again! 

Your question assumes VA is a "unified body", that all VA employees do the same thing.  This is an incorrect assumption, VA is not a unified body, but a bunch of independent employees, all of which have their own ideas, and have varying ideas on if/how much they comply with regulations.
Remember, there is no accountability, so they can do whatever they want.   
VA is a place where there are no cops.  So everyone just does as he pleases.  One VA employee actually got away with murder:
http://www.disabledveterans.org/2015/11/23/scheming-va-executives-demoted-not-fired/

Not all VA attys. opt in to this system. I was going to until I saw the mountain of paperwork and the annual recertification. It requires a separate computer at home that isn't used like we do normally. You have to attend a "security school" at the VARO to do this. You have to go through annual recertification as well. It is time consuming and a lot of work to keep up to be legal. Smaller attorneys/agents opt out of it like me. If I want it, I send in a 3288 to the RMC via Janesville. I get them in about six weeks. To be anally correct, there are two different systems- VBMS and Virtual VA. All you get is access to read-only VBMS of your c-file in real time.
And for the record, the only representative that will lie to you is a VSO representative. We, as private attys/agents are officers of the court and required to serve only the Vet. We cannot accept any offer or settlement from a DRO without running it by the Vet. Period. Look at 38 CFR 14.628-.634. VA will tell you there is no such thing as off-the-record bartering. I've done it several times. Appeal for 10 things and then accept a deal for 4 and give up on the tinnitus, hemmorrhoids and flat feet in a trade for TDIU to 2008. VA raters get points for wrapping this crap up that drags on for a long time-especially appeals. VSOs settle for 0%.
With greedy attorneys or agents like me,  they assign a Asst. VSCM or asst. RO director to you who mainlines your requests. I filed POA March 20th for a Vietnam Vet for 100% rating for his heart on IHD. I got a call from the Vet Eval folks this AM at 9. They are expediting his C&P exam to next week. The squeaky wheel gets the fix pronto. The more obnoxious I get, the more they treat me nicely. 
Off to Texas for NOVA conference. 

PLEASE everyone I'M not making it up all members Its verified!!! Like I said he may not get back right away but dont let that stop you also email the new Secretary he has had contact with my RO and had them call me to update me...

Early morning as soon as they open up is best. I wait about 5 minutes and they pick up.

Ask Shuman I am telling you call that number now before it to late they close at 430 everyday dont bother calling after 4 dont call between 1100 to 1 or before 9 . The MAGIC hours of your future awaits your answers.  LOL

Your welcome the VA drives my wife nuts because it drives me crazy I'm just trying to shed my crazy obsessed nature of information I've found for all my hadit.com. My neurologist laughed at me when his associate that works there at the VA was having issues with a 700 day old appeal. I got an inquiry submitted in for him by calling that number I provided him, attorneys don't need your appeals moving faster that's less money for them, you need it moving quicker. My attorney gets frustrated with me he has said well he sees no more benefit representing me since I'm at 100% but he started my second appeal which he said he will still do. 

He absolutely does work there his role has changed since ms Hickey which is why he said if I have any claims related question call that number they will help... Which is why I am passing it on to all you. He still will answer your email might take ten days but he does answer all. Search Ted Ebert email on here and a past post of mine will pop up.. 

So initially denied in 2011 by the Tiger Team and I decided to give up. Until GM called me and said my car was at fault, and I suffered Post traumatic amnesia of months prior and after the accident so I had no memory of what happened. I didn't file a DRO hearing until I hired an attorney that is when my emails and calls began beginning of 2015. I had my DRO expedited from ms hickey when I presented here with the forensic report. It was scheduled the next month. The DRO then said I had a good case but she was allowed to grant it but she did however laid all my evidence out in the order I needed it for my appeal she also certified my appeal here set and then sent it to the BVA. This when I found out Ma hickey stepped down and Mr Ebert still helped me at the BVA 5 months after my DRO hearing I had a decision from the BVA. Of course in those 5 months I called daily to hear progress from the number i gave. The office is very small to the point I knew 4 of their names when they answered the phone. As far as DRO officer it wasn't all her fault because she was doing what OGC said to do even when they knew I had no SOC from 2011. Worked in my favor again it was the reason my CUE was allowed even though in the judgement she said it was not a cue because I was never given a SOC. The xxxx it's not it's called they xxxxxx up got caught the definition of CUE but at least it was a win finally.

Ok so I can't respond to all posts with the same answers and to prevent Me from.missing your post. If your claim is stuck or appeal is stick more then 60 days don't feel like it's the norms. Please listen to that 60 days start asking what will get my claim moving actually call as much as you they can see the trend on their system  (202) 530-9470 to get your shit rolling pardon my french. Sometimes things take time but waiting for two months like my last claim Is BS  , it says pending a download for two months just to say never mind its not even needed pissed me off. But had I not called every week for two months they wouldn't have sent in an inquiry to see why something was pending. I called the above number sometimes you wait for 17 minutes it disconnects call again and again someone will pick up. Please Vets don't allow your claim to sit I understand the process takes time things take time to due process but to have a wait time on something past it's suspense is not happening to any vets I'll help without an inquiry being submitted by the staffers at the number I provided. If you called daily as I did and if you ask they will give you a date and it's different at times then the one you see on ebenefits. If you get a warning saying something is due on ebenefits call them and they will tell you why it's there and explain it's a VA reminder to start moving your claim. but let them tell you whats moving to prepare for the next step. This number has shaved years off my claims and appeals.
 

If I didn't say it before email him. I received a call from my RO because of the email I sent him. And they explained my appeal was now certified after 6 months to the BVA. I think that's moving fast maybe not as fast as my first but every appealed issue is different...

ShuMan, Broncovet brought up a great point.  I would send in an Iris Inquiry first.  The way to see if your NOD is overdue is by calling the 1-800 number and checking the status,  they will give you the estimated completion time for nods,  for example,  my RO has an estimated completion of 291 days.  The main reason I emailed the Secretary is, my NOD was at 450 days and every time I spoke to anyone,  both at my RO and the 800 number,  I was getting completely different information.  Some said a decision had already been made,  some said it was still awaiting review,  etc. So when I sent the email, I explained that I was receiving completely conflicting updates every time I called, that I would like an accurate update of the real status.  I also attached a copy of my letter from Voc Rehab stating that I'm permanently and totally disabled and unemployable due to my SC disabilities. Each RO has a different estimate on completion of Notice of Disagreements, but if your NOD is way past the estimated completion time and they haven't even started it,  then that needs to be corrected.  I would send the Iris Inquiry,  ask for a phone call rather than email because when I request a phone response it's generally much faster.   I had sent several inquiries before I sent my email.  The people at the 800 number were actually suggesting I drive down to my RO, which just wasnt feasible due to my health,  but as I said,  a couple of weeks after the email I got a call from my RO to let me know a decision had been made,  and a few weeks after that received my BBE with retro hitting the next day.   I did try calling my RO,  the 800 number,  etc,  as well as  submitting the inquiries because I was erroneously told that a decision had been made on my NOD BEFORE they received my Voc Rehab letter stating I am unemployable. Turned out that wasn't the case,  but better safe than sorry. As Bronco said though,  it's better not to alienate the employees, at least send an inquiry and go from there,  and I wish you the very best

So as I am waiting for a VOC rehab a man sat across with me and asked the front lady if She knows  how to file disability, he was in Vietnam. She said the basics and then she said you don't have to worry about getting the evidence the VA does it for you. I chimed in not to be rude but sir if you know where the evidence is bring it in here or submit on ebenefits he said he knew how to. She looked angry I said look the reason there's years of wait time is because you all don't know where to look and even when you do it's pending scanning into a system that won't benefit this man at 71 years old. Maybe I was wrong any comments? Wasn't trying to be rude just trying to prevent delays

Sorry I didn't see this before it's not to high up the chain and I think you like the post I gave the Email like I said introduce your self explain your self and then ask what it is you need that's all I did and 12 days later I had something moving. My case isn't like everyone's and everyone's is different don't be disappointed if it takes longer then mine

That depends on how old your NOD is.  If you dont have an advance on the docket, due to advanced age or hardsship, then its gonna take 3 to 4 years, mimumum (most say longer now) to get to the BVA.  Do you have a docket number, and did you contact the BVA to find out?  Contact the VASEC or TRump only if you HAVE contacted your RO, the BVA etc, and you have not got satisfactory results in serveal months.  You should have this documented.  For example, if you contacted IRIS eemail in 2014, and they never responded to your satisfaction, then there comes a time to call the big boss.  But dont aliente the VA employees, because your claim was not appreoved in 6 months, and because your VSO wont call you back.  (VSO's dont do call backs..lawyers dont either.)  
I have a 2002 claim, that was not adjuticated until 2009 (denied as moot) appealed; it went to the BVA in 2012.  It took the RO 3 years to implement the BVA decision, where they denied it again.. I went to the CAVC in 2016, and got a Remand.  Now, if I do NOT have a 2012 or 2009 docket date, I am emailing Trump, since I have been fighthing VA for 15 years now.  If you have waited 15 months..that is a normal wait and you wont get bumpted to the top of the line.  

It took about 12 days before I got the phone call saying something about this email and that they are certified my appeal now at the BVA

David.Shulkin@va.gov 

I use GORDON & DONER for my appeal. They are a big firm but I have enjoyed working with them. They respond to my calls in a day or less and emails in 2 days. I really just use them to organize all my evidence and submit it to the VA. I know I can do it myself but with a young family, I don't have the time and if I have to take this appeal beyond the DRO review  they are already familiar with my case. 

Here's the deal.  For me anyway.
Tendinitis and arthritis, can and should be claimed separately, but, you will only get one rating, i.e., if they gave you the max for tendinitis, you would get 10%, and if you got the max for arthritis, you would get 10%.  But in the end they will only give you 10% total.  Not both.  I know this, because I have this on both my shoulders.  The reason you want to fill on both is if you loose one, you may get the other.
Now, the big money is in ROM (Range of Motion).  Tell in the claim that it hurts to move your arm (shoulder pain).  They should measure your ROM.  Here is where you can get up to 40% if I remember correctly.  You get more if it is your dominate shoulder.  I get 20% (dominate) for my right and 10% for my left.
Just so you know, if service connected, you get 10% for arthritis from an x-ray.  That's an easy 10%.
ROM on the other hand is subjective.  You will NEED to tell the examiner when you feel pain (first feeling) when he moves your shoulder through the ranges.  DO NOT let the examiner wrench your arm past pain.  And don't YOU move past pain.  You are trying to show the examiner when pain first starts because you are claiming pain.
Hope this helps,
Hamslice
 
 
 
 
 
 

Folks:
I'm so thankful for the advice that I've received via the many experts from this board when I first filed my VA Claim. I learned a lot and the best thing I learned was that no one is going to care more about your claim than you do. At first, I was misguided and  I relied on a VSO that was not really engaged, did not really care and seemed to only to want to "submit" the claim to get it on her books? But it was people like Berta, Asknod and several others of you that educated me to produce a solid claim that ended up at 90%. Anyway, now the second phase of my claim is to appeal 3 of the contentions, (Broken Big Toe, Broken Pinkle Finger and Severe Dry Inflammation-Blepharitis Eyes-as a result of injuries in service) that they did not originally service connect. Anyway, I filled out and sent in the form I9 with new evidence and  asked for a DeNovo Review  and a  hearing. So, for about 4 months the appealed contentions  were listed on ebenefits and I kept watching for a status update? Then, all of the sudden on ebenefits the general appeal continued  to be listed but then the 3 contentions and their verbiage disappeared? So, I called the 1800 number and they said that a decision had already been made and I would be getting a from the VA within 6 - 9 months? I said, I thought at least  that I was going to  get a "personal hearing"  to further support and defend my claim?  Anyway, as I look at the ratings, the only change that I can see now that they have service connected my right foot - big toe  trauma at 0% and that's it? Frankly, I guess my lesson learned now is that I should have just spent the extra money for brand new exams on all three contentions? Otherwise, it now look like I may have just wasted my time? I know that a new exam is considered the "gold standard" to challenge a claim but I felt as if I had enough solid evidence to get me over the top--but maybe not? 
1. Anyway, my question is does the VA still owe me the DRO Hearing and/or can they just  cancel it?
2. Can I still send my claim to the Appeals Board or is it considered resolved because a decision was already  made?
 
Good Luck and God Speed...
 
 

Anytime the phrase "Don't Do," is used, a Vet "Must Do" their own due diligence before making a Decision to DRO Review, DRO Hearing or get on the Long A$$ BVA Traditional Appeal Train Ride.
DRO's take less time, Reviews less than 18 mos, Hearings up to 3 to 4 yrs. Just getting a BVA Docket number can take 4 to 5 yrs, then there are the Remands, no actual Guarantee of success at the BVA. Check out  2014, 15 and 16 BVA Decisions.
A Vet can, for the most part, handle their own appeal at the DRO Level, keeping in mind the absolute need for the VA Mandatory New & Material Evidence being provided pre-Review or Hearing.
A Vet deciding to go the BVA route would be wise to consult with a couple VA Attorneys. I think VA Attorney's have better success Stats than Vets using VSO Reps, but maybe not.
Your Claim, Your Decision. Ignorance is said to be Bliss, the Bliss goes away with the Denial Letter.
Semper Fi
 
 

They(DRO) are required to review my appeals before they are certified for the BVA.
Glad some of our vets were successful at the DRO level.
I personally have ZERO confidence in getting a fair decision from my VARO.
One of my appeals is a 1151 based on medical negligence by the VHA.
No DRO would grant my 1151 at the VARO IMO.
I know it will be a wait, but as it stands, I will never give up
 

After many years of working untold numbers veterans claims, After winning the first ever VA claim for AO inside CONUS FOR MYSELF. After producing the next three AO claims to win inside CONUS for other veterans. After winning a Korea AO claim for a veteran not serving in a unit on the DMZ. After winning a Thailand AO related sole surviving widow's claim for DIC along with accrued benefits for a non dog handler stationed at Utapao AFB. If I could sum it all up and explain in one sentence the most important fact of all, the most underutilized, hard to comprehend and misunderstood tool in veterans claims it would have to be, 
IF YOU CAN GET A DOCTOR TO SAY ITS SO, ITS SO. IF THAT DON'T WORK FOR YOU GET TWO DOCTORS TO SAY THAT ITS SO. IF THAT DON'T WORK, GET THREE!
WHY TAKE A CHANCE, GET THREE TO BEGIN WITH AND NAIL IT THE FIRST TIME AROUND.
HOW CAN A VETERAN AFFORD TO DO THAT ON A TIGHT BUDGET?  I PLAN TO DISCUSS THIS EXACT IMPORTANT TOPIC ON THE PODCAST COMING UP ON THURSDAY EVENING OCTOBER 27TH. 6:00 CENTRAL TIME.

Just wanted to give anyone later reading this an update:
I was rated 70% on the 28th of September and then retro just hit this morning. (30th) Just wanted to thank all that have helped me and other veterans through this process. You truly do not know how much you have helped my family and others with this process. My two cents: Document, document, document! Keep everything and have all your ducks in a row before you file a claim. It makes it so much easier. I had also filed an intent to file claim before I formally requested an increase just to make sure I had all my documents together. Lastly, please do your research thoroughly before you file. It helps out tremendously. Again, thank you all!