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SecurityForces03
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Posts posted by SecurityForces03
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2 minutes ago, Gastone said:
How long has your claim/appeal, taken to get to this point? What was Granted, what exactly was remanded?
Semper Fi
I have a claim appeal date of 2009.
I was granted 0% for a hydrocelectomy in 2009 which I appealed. I was granted in December 2015 with 10 percentage increase as of 2009 and 40% increase as of 2014. The condition was renamed for a urologic disorder. Not the hydrocelectomy I had.
The second portion was the remand. I filed for anxiety and depression in 2009 and was denied. In 2014 I applied for PTSD and was granted at 70%. I'm fighting that PTSD was anxiety and depression in 2009 as well. So the remand portion is to see if they can backdate my PTSD to 2009.
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Now I just received this from VAVBAWAS/CO/Office of the USB VBA.
Mr.,
Your inquiry to the Department of Veterans Affairs (VA) was referred to the Office of the Under Secretary for Benefits.
We have contacted the Director of VA's Appeals Management Center (AMC) to assist with your inquiry. A representative of the AMC will contact you in the near future.
Best Regards,
Amy
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With the great help from Flores97, I decided to email the secretary of the VA today and already received a response. See below and let me know what you guys think!?
Dear,The Secretary received the e-mail message you sent this morning. He forwarded your inquiry to VA leadership for review and direct feedback to you.
Thank you for your communication.
Office of the Secretary
Department of Veterans Affairs
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3 minutes ago, flores97 said:
I think it should, SecurityForces03, if you haven't heard anything within a couple of weeks it will be time to send an email to VA Secretary Robert Mcdonald.
I agree. I'll give it 2 weeks to see if payment has processed and percentage has changed. Is their email public?
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3 minutes ago, broncovet said:
It may help. You have to be proactive and wait 2 weeks, then check to see if it DID happen.
The VA is like a four year old where you have to check to make sure they do everything you tell them, or else they will forget or just plain ignore you.
Having a 2.5 year old and an 18 month old at home, I can definitely attest to that! I'll give them (2) weeks and give Peggy a call back as a follow up. I'm curious to see what they sent me regarding my appeal that was remanded. Apparently that was sent out on Monday.
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9 minutes ago, broncovet said:
This is exactly what we are talking about. The VA publishes these rules, and, in this case, a fast letter which requires the VA to pay promptly in "partial grants". Then what do they do? Well, they ignore them, of course. This is a great example of a "broken" VA.
Remember, BVA decisions already require "expiditious treatment", and that means "lowest priority on the totem pole", that is, if they get around to it at all. If we say anything, then all Veterans are labeled as chronic complainers looking for a handout. This is systemic and widespread.
You are so spot on. I was just calling to ask where my back pay and new percentage is. They create these letters but don't adhere to them.
In your opinion, Peggy said they've updated and noted this in the system, messaged it to the RO. Do you think this will help!?
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6 minutes ago, Berta said:
Good...this is looking up!
The lady I spoke with didn't know about the FAST letter but was happy to learn about it. Still unsure how long it'll take the RO to be notified and backpaid?
Not sure what info AMC sent me about my remanded portion but I will update as soon as I get it!
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Berta,
Thanks for the info. Everyone, I called the VA (Peggy) and chatted with them about the FAST Letter. They uploaded the letter and notified the Regional Office of my partial appeal grant and to back pay me ASAP. This is good. Peggy told me to keep an eye out on bank and ebenefits in the future. No specific time frame.
Second, the VA said something was sent out on 4/25/16 regarding my appeal, specifically the part that was remanded. I should get that soon.
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29 minutes ago, Pathfinder2/39 said:
Security forces if you Look under 1work in process
2. Claims
3 and you Click on The claim's Date you can Open a window that would Show you an estimated completion Date and current status.
4. this claim is actually your appeal
Hey! Mine doesn't have an estimated completed date. It shows an update of 4/25/16 but only says remanded appeal.
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1 hour ago, Berta said:
forgot to add....I recommend getting an email response from them. That way you have hard copy proof of the IRIS and the response.
If they call you by phone they can make stuff up.
Awesome!!! IRIS is through ebenefits correct? I usually end up calling.
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On April 25, 2016 at 7:33 AM, Pathfinder2/39 said:
How does your appeal/claim appears on ebenefits? Do you have an estimated completion date? On which stage of the process are you right now ? Just wandering because I'm obviously in the same boat. Thx
My claim shows that it has been remanded to AMC or Regional Office. This was back in September. The granted portion hasn't showed up anywhere.
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On April 25, 2016 at 5:55 PM, flores97 said:
SecurityForces03, I would also call Peggy(the nickname for 1-800-827-1000), ask them to send a message to your RO explaining your partial grant and ask what the heck is the holdup on your retro. Good Luck!!
I will do this today!!!! Thank you!
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5 minutes ago, Berta said:
sorry, it is a Fast Letter not a TL and here it is with this thread:
http://community.hadit.com/topic/64697-bva-and-retro-pay/#comment-393077
If 120 days have passed ( I think they have) you could whip this out to them ( maybe by Fax)
Thanks so much Berta. Do you recommend I send it to the VA or to AMC? If either, what's a good fax/snail mail, email, or ebenefits contact?
Thanks!!
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5 minutes ago, Berta said:
The Training letter that regards BVA partial grants is here somewhere.
If the claim goes on too much longer (I assume the BVA made an award) you can copy off the training letter and send it to them.
Then again the VA is slow as molasses... and in my opinion, the AMC is comparable to the black hole. I had a fax # for them once, then I heard they put their fax machine into a closet.
Lol, the closet!? I actually believe it!
Yes, the BVA awarded me a partial win, which should change my sc'd from 70% to 80%. It's been about 5 months since my approval letter.
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2 hours ago, TexasMarine said:
Sorry SF03. I am at the AMC as well, and as far as I can tell, they don't give status reports.
Even my lawyer can't seem to penetrate their cover. (beware the man behind curtain ;)
Mine has been their since 10/5/15 with no end in sight.
Ahh that stinks. I was granted half of my appeal while the other half went back to AMC. I'm currently 70 SC'd and with the new "win" I am suppose to be 80%. I was notified in December 2015. At this point, no retro pay and no percentage change yet. Do I just keep waiting?
Secondly, the part then went to remand is for a date of service connection change. Haven't heard or seen any movement at all on this part. Waiting game...
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All I can do is laugh at this point. I suppose I am happy with the positive part, but the second half is being remanded to AMC.
The remanded appeal has been there since December 2015 (AMC), does anyone have any contact info for AMC? All I can find is a fax number.
I am trying to find out where my retro pay is, new percentage change, and what's going on with the other half of my appeal.
Thanks all,
SF03
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Hi Everyone,
My wife and I both have acting claims pending. I went on and checked mine, no problem.
I went on and checked hers, I can see that it's in the preparation for decision phase. However, when I click further to check the dates, it shows this error icon:
his feature is currently unavailable. Please try again later. If you need immediate assistance, contact VA at 1-800-827-1000 Monday-Friday, 8am to 9pm EST. We apologize for any inconvenience.
The following error occurred:
- NullPointerException: Could not retrieve claim status.
Anyone ever see this before? Should I try back in a few days? The estimated completion was March 1st-April 1st, 2016. So I guess we are checking a lot these days.
Thanks All!!
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58 minutes ago, pete992 said:
It really depends on what your treating doctor say about your medical condition. I was told to quit my government job by my VA doctor and I continued to work for about a year and a half until my service connected conditions got so bad that I had to quit. I ended up being rated at 100% schedular where I can legally work but due to my conditions it is not possible for me to do that.
That's where I'm at. Government employee, but my conditions are getting worse. My current VA clinic doctor said I should be rated at 100% PTSD without a doubt. I'm holding off because I'm not sure if financially, it would be a good decision.
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58 minutes ago, pete992 said:
It really depends on what your treating doctor say about your medical condition. I was told to quit my government job by my VA doctor and I continued to work for about a year and a half until my service connected conditions got so bad that I had to quit. I ended up being rated at 100% schedular where I can legally work but due to my conditions it is not possible for me to do that.
That's where I'm at. Government employee, but my conditions are getting worse. My current VA clinic doctor said I should be rated at 100% PTSD without a doubt. I'm holding off because I'm not sure if financially, it would be a good decision.
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3 minutes ago, pete992 said:
Only a person rated 100% shcedular can legally be employed. The P & T is just extra benefits for veterans and their dependents. If a veteran files a claim for IU and is still working making over the limit of SGA (Substantial Gainful Activity) the claim will be denied. If the veteran is making less than the SGA the veteran claim maybe granted but it also may be denied. If a veteran continues to draw IU and work at the same time, he/she run the risk of being re evaluated and a reduced rating is possible. I may be off but I think the SGA for 2016 is around $1090.00 a month or around $13, 080.00 a year.
The 100% rating can not be for a sole mental health issue.
Gotcha. I'm currently employed. As you know, things that you may be rated for can become worse. I was curious if you apply for IU, is it best to have left your job before applying for IU? Thanks for the great response!
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On 12/9/2015 at 0:26 PM, Vync said:
Here are a couple of VA links which help explain it:
http://www.benefits.va.gov/compensation/claims-special-individual_unemployability.asp
http://www.blogs.va.gov/VAntage/17608/individual-unemployability-understanding-basics
and probably the best explanation:
http://www.veteranslawblog.org/tdiuAlso, if you are 100% P&T, as long as you have not been deemed Individually Unemployable (IU), you can still be employed. However, if you are deemed to be IU (100% or not) and the VA learns you are gainfully employed, that would be a problem.
Curious. What happens if you are working and have claimed IU? I have not, but I do know of some people that are 100% IU and are still working. I know P&T at 100% you can still work, with no problem.
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Hi All,
Where, how, or what form do I use to submit for an SMC-K claim? Can I do it on ebenefits? Or do I have to send it in to my VARO?
Thanks All!
Granted. Remanded, Retro? Oh my!
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
Spoke with Peggy today. My appeal was sent from the RO back to the BVA. I'm guessing that means the RO is done with my case?
can anyone post some insight? Been at the RO since December 2015, the remanded portion specifically.