Jamezam

When a claim is denied and you file a NOD, why is it, the appeal(s) does not show up in va.gov? I'm not talking about how long the appeal process takes, I'm talking about NOT being able to see an acknowledgment from va.gov/VARO that they've received your appeal(s). Yes, I always mail VA stuff priority mail with signature request.

This original post was in January 2020. And, in reference to the va.gov website not eBenefits. They (VA) have planned outages every weekend. I was following up with the OP to see if he/she was able to submit her claim...

blahsaysme2u, did you ever get your pending application error resolved? I filed a complaint with the OIG and Section 508 board. "The Department of Veterans Affairs is in violation of Section 508 of the Rehabilitation Act of 1973 (29 USC § 794d)." I actually had a teleconference with the folks behind the programing on va.gov. In my case, the application process was being held up because the system was erroring out because it was trying to add Army Reserve dates, and I've never been in the Army Reserves. Anyway, during the call we found the bug and the folks who do the programming, fixed the error.

UPDATE: I contacted the White House VA Hotline (thanks everyone for that suggestion) and was beyond shocked they were helpful. In fact they connected me to a live person at 800-827-1000. So the current status is that the BVA is questioning the VARO about why they denied TDIU and have re-remanded back to the VARO and requested a SSOC. Meanwhile, a DRO is currently reviewing all of my information, my newly submitted evidence, and my NOD from January 28, 2020. As far as the missed appointments, VetFeds claim they attempted to contact me several times via phone and by supposed letter. The person I spoke to stated my phone number and address are correct in their system. I've never had any issue with QTC or VES and don't understand the VA constantly switching contractors. None-the-less, I still plan to challenge the examinations with support from Resolving the Ambiguities in 38 C.F.R. § 3.655 An Analysis of the VA Regulation Governing the Failure to Report for an Examination and Unwarranted Medical Reexaminations for Disability Benefits. It's my opinion that mine is a great example of clearly having all the evidence needed to qualify for TDIU, having just had three examinations within months of the VA requesting more examinations for the same claimed conditions, and the VA erring in there application of the M21-1 Compensation and Pension Manual and CFR's.

Thanks everyone, I've had food poisoning for four days now and no sleep in three nights. I'll keep this post updated when I can digest everything.

I've been at the same address for 10 year and I have never missed a notification of exam, and I've never missed an exam. As I asked Brocovet, do I have to sign a POA to have a VSO look at my VBMS. What's the easiest way to view my VBMS without having to deal with an argumentative unhelpful VSO? I've read some horror stories about certain VSO's... Thank you...

I had applied for TDIU, based on the BVA stating "VA treatment records have raised the issue of TDIU as part and parcel of the claims for increased rating;" After completion of the above, adjudicate the issue of entitlement to TDIU. If the benefit sought remains denied, furnish a supplemental statement of the case and then return the appeal to the Board, if otherwise in order." My question is, where is the BVA in all of this? I've not had any correspondence from them since December 2018. Is the rating board the VARO or BVA? I submit everything I feel will help my claims, but a lot of it always seems to go wayside. The BVA makes no mention of the VOC-REHAB letter and they did not take into account my SSDI, I'm assuming because my SSDI decision was the very end of November 2018 and my BVA decision was December 18, 2018.

Broncovet, I've already filed two NOD's in reference to the denials, however, it sounds like I need to do another NOD in reference to the supposed seven missed exams. In fact, I've had three exams in the last year, that I received notifications of. I've never not received an exam request in the 10 years I've lived here and I've never missed or rescheduled an exam. I just can't understand why all the sudden, I was supposedly scheduled for seven exams, that I never received one notification on. 2. When you say contact your VAMC c and p office, do they have offices at the VAMC that can view the VBMS? Do I have to give POA to have a VSO? 5. I've checked my address in all of the places I can think of and verified my address with the VARO and the BVA. They are all correct. Who do I contact about getting the proof of notices? Is this a FOIA request? IRIS? It's only been since December so I have plenty of months ahead of me for appeals. Because my previous appeals were at the BVA (BVA decision December 2018) and three items remanded to the VARO, shouldn't I have received a SSCO or further correspondence from the BVA? Thank you Broncovet

I’ve not received decisions and correspondence in the past, specifically from the VARO. I’ve lived at the same address for ten years. I’ve verified my address with them. Other than that I don’t know how to track down the mailing issue. And, all the VARO is going to say is that they are operating under the presumption of regulatory. I need to figure out where the roadblock is with the VARO. I’m not received decisions, SOC’s, SSOC, etc.

While I appreciate everyone's feedback and advice. You're missing the big picture. The VA was misinformed, there were NO examinations scheduled, period! There was one conversation with the contracted examiner on a Friday afternoon for a hearing examination on Monday morning! I emailed my attorney, about the examination and he replied with "We can call them on Monday in an attempt to have this scheduled far closer to you. This is unacceptable and we will inform them of this." Again, every reference to any other missed examinations is entirely false, as again there was no other examinations EVER scheduled, period! ALSO, neither I or the attorney had ever received a VA decision, as the communication with the examining contractor was in November, the VA decision was in December, and after several inquires, the decision letter was mailed out. I'm amazed to have read some of the challenges the VA has put other Veterans through on this forum and impressed how my fellow Veterans have stood their ground and how hard my fellow Veterans have fought and won against the ineptitude of the VA, and created and in some cases created precedence. Which is why I'm amazed how incredibly shut down others have become based on the statement "We have been informed that you have missed the VA examination scheduled in support of your claim." It’s my choice if I choose my own health and wellbeing over being forced to drive two or three hours for an exam that by the VA’s own guidelines, could have been scheduled far closer. And, how many exams should we be subjected to in a short period of time? If you have an exam and they want to schedule another exact exam in less than three months, should we be subjected to multiple exams? Does anyone not believe the Associate Counsel for the Board of Veterans’ Appeals. See: Veterans Law Review [Vol. 7: 2015] Resolving the Ambiguities in 38 C.F.R. § 3.655: An Analysis of the VA Regulation Governing the Failure to Report for an Examination, report not hold water? And, the report is about Failure to Report for an “Examination”, which as I’ve stated three times now, no examinations where scheduled. There was no conversation with the VA contractor, aside from the phone call about a hearing test. As there were zero conversations with the VA contractor, there were never any dates or times for any other exams! It's my opinion that the VARO did not follow the guidelines of M21-1, Part III, Subpart iv, Chapter 3, Section A - Examination Requests Overview. It’s a fact there was already three previous exams within months for exactly the same SC conditions in which the VA wanted yet again to request another exam. It’s my opinion that there is precedence in requesting unjustified multiple exams. It’s my choice to fight the VA on the false claims that I missed “scheduled” examinations. After having an attorney who never fulfilled my request, thus the termination of said agreement. And, wining every other VA claim through my own volition, I’ve decided to once again strike out on my own. I came here looking for support and advice, not lectures about missed exams, from those who have firsthand experience of what it takes to battle with the VA. At this point I just feel even more beat up by everything I’m dealing with. So I thank you for your time and I will do what I’ve always done, which is the do what’s best for me…

I mailed NOD to VARO and BVA. The attorney never bothered to guide/assist me with any VA claims, appeals or BVA.

Why should veterans be forced to attend more exams, when said exams were already previously conducted within months of the newly requested exams? Especially when there are VA contracted examiners much closer! And, they informed me there wasn’t even appointments available besides the hearing test. Why should veterans be forced to contribute to their already prostrating migraine headache and chronic pain? Can veterans be expected and forced to increase the pain they have 24/7, when exams are unreasonably far away? I’m sure others will opine about if your exam is thousands of miles away you should still attend exams. Again, no exams other than a hearing exam was scheduled. How does one miss non-scheduled exams? I terminated my POA because they were not working on my behalf!

Thank you everyone, I'm working very slowly this morning. Here are the documents I mention in my post: VARO Decision No SS 12.11.2019.pdf

Thanks Vync, I don't know how I or other Veterans are still sane after ALL the absolute BS and hoops the VARO make us jump through! I filed a NOD last month and I've begun to work on an additional NOD that's currently six pages. My current NOD includes CFR's and adjudication manual M21 information. It's just that when I begin working on this stuff, I become easily discouraged and burnt out. The battle just never seems to end. After 28 years I finally get a 20%,rating, then 40%, then with the BVA decision 60%. And, on top of that, my SSDI claim that is verbatim to my VA SC disabilities and the VR&E letter stating After carefully reviewing the evidence, I have determined that it is not reasonable to expect you to be able to train for or get a suitable job at this time. And yet, I still have to fight these completely idiotic, moronic VARO personal and spend more time responding to their stupidity, when all I want is the proper migraine headache rating and TDIU. Anyway, I guess I may need to take a break for a couple of days, to gain the strength and motivation to begin my fight back. Your post is entirely beyond helpful, as I AGAIN sent them a copy of the VR&E letter, stated my VA SC disabilities are the same as the one on my granted SSDI claim, and I sent them three years of pain and migraine headache diaries. That MR-21 you referenced is something I hadn't seen and with this year's Ray vs. Wilkie CAVC decision, I guess it's just a matter of patiently working on my my supplemental NOD. Thanks again my friend...

This post is about seeking the best advice for my next step(s). I'll try to be as succinct as possible, however, we are talking about the VA compensation process. I received a BVA decision in December 2018, most appeals were denied, however, the important one’s, back increase (40%) and SC for migraine headaches, although zero percent, were granted and the BVA judge also stated: TDIU: VA treatment records have raised the issue of TDIU as part and parcel of the claims for increased rating; the Veteran has submitted several records indicating findings by VA that he is not employable at present due to his service-connected disabilities. This claim has not yet been adjudicated, and further, in light of grants of service connection and increased rating herein, required additional development. I currently have a total rating of 60% and the VARO TDIU decision states: Entitlement to individual unemployability is denied because you have not been found unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities. This case has not been submitted for extra-schedular consideration because the evidence fails to show you are unemployable due to service connected disabilities. (38 CFR 4.16). I received a fully favorable decision for SSDI by the Social Security Administration and VA Vocational Rehabilitation and Employment Services States: After carefully reviewing the evidence, I have determined that it is not reasonable to expect you to be able to train for or get a suitable job at this time. I had a VA/social security attorney, whom I felt was not meeting my needs as there was very limited communication on their part, I’d filed a complaint with them letting them know, I didn’t need hand holding, however I do expect my representative to take action on the BVA decision, appeals, CUE, etc. It seemed like they weren’t interested in working on my behalf, and I kind of felt like they were just waiting for a positive VA decision so they could get paid. I am completely aware VA things take time, and I’ve been battling the VA for three decades now. Anyway, I decided to contact CC&K and they informed me they aren’t interested in taking my case. I’ve already filed a NOD and I have no idea what’s going on with the VARO remand response to the BVA. I’m almost sure, I can win an increase for my migraine headaches rating and entitlement to TDIU via pro se representation. However, I would love to have some assistance and not sure if I should keep contacting attorney’s, VSO, forum buddy, or go on my own. I’ve only had one attorney in all the years I’ve been pursuing my VA compensation rights, my previous VA claims were won on my own, and I’m almost positive both my SSDI and BVA claims were granted without any assistance from the attorney. They got their VA 20% and SSA $6,000, so I figure were good and it was time to terminate our agreement and move on. Thanks in advance…