Disciple

Does anyone know the average time frame to receive the official decision and back pay after the telephonic CLS hearing for a CUE claim at the CAVC? My attorney notified me via text message today that we won. The VA conceded that they applied the statute incorrectly when deciding my original claim which if done correctly, would have resulted in a grant. Thank you in advance for your help and for your service!

jfrei, Tried calling the (202) 530-9149 number (which is not the Director's Ofc. but the Communications Ofc.) several times but of course no one picks up. A recording comes on saying that their normal bus. hrs. are from 8a to 4p EST M-F and I called within those hrs but the recording says that they're busy helping other veterans...please call back in a few min. Why the heck don't they have a way to leave a msg.??? We're supposed to be strapped to a phone all day just hitting redial??? Unreal! This is beyond wrong!!! Thank you very much for taking the time to reply and I will continue to call but in the meantime, I have filed a Congressional Inquiry since that's the only way that I was able to get them to FINALLY make a decision on my BVA case!

paulcolrain, The TDIU portion of my appeal was remanded but that part is actually a moot point because the granted service-connection is an automatic 100% based on the Schedule of Ratings. I've already tried the WH Hotline route with obviously zero success and I've tried the Ombudsman route as well which is useless. Thank you for taking the time to reply and best wishes for your case as well!

Can someone else who had a flashed file at the Appeals Mgmt. Ofc. PLEASE let me know how long you waited for the granted portion of your BVA decision to get rated? Decision date was 7/5/18. I've been told by everyone who looks in the computer that my file is flashed with the highest priority within the expedited group. Was also told that it was assigned to a Supervisor to be worked and it was given an initial suspense date of 9/19/18. When I called back a few days ago to see if they have even started to work it...the answer was no. This is beyond frustrating so I'm hoping someone out there has had a similar experience and can give me an estimate of time. Thanks in advance!

Here's the language from M21-1 that's listed right below the section that I copy & pasted previously where you can see that they use the term flashed. 2. Priority Processing of Claims From Homeless Veterans Introduction This topic contains information on handling claims from homeless Veterans, including: · definition of homelessness · flashing a homeless Veteran’s record · handling applications from Veterans who may be homeless, and · homeless Veterans coordinators. Change Date April 6, 2015 a. Definition: Homelessness The detailed legal definition of homelessness is found in 42 U.S.C. 11302. References: For more information on determining · Homeless Veteran Status, see M27-1, Part II, 2.2.b · Veteran at imminent risk of homelessness status, see M27-1, Part II, 2.2.c, and · formerly homeless status, see M27-1, Part II, 2.2.d. b. Flashing a Homeless Veteran’s Record For information on how to appropriately flash a homeless Veteran’s Record, see M27-1, Part II, 2.2.m.

Broncovet, flashed means that you have met the requirement for expedition due to certain conditions as stated in M21-1, Part III, Subpart ii, Chapter1, Section D which I have copy and pasted below. The term flash is what the VA uses to set these highest priority cases apart from cases that are expedited due to being remanded. Listed below are categories of emergent claims requiring priority processing: · Any claimant who is - diagnosed with Amyotrophic Lateral Sclerosis (ALS) or Lou Gehrig’s Disease - a participant in the Fully Developed Claim (FDC) Program - experiencing extreme financial hardship, or - a survivor of a former Prisoner of War (FPOW). · Any current or former member of the Armed Forces who - was very seriously injured/seriously injured (VSI/SI) in service and is not already receiving Department of Veterans Affairs (VA) disability benefits - is an FPOW - is homeless - is terminally ill - is more than 85 years old, or - received the Medal of Honor. Note: The Board of Veterans’ Appeals (BVA) allows advancement on the appeals docket for claimants who are terminally ill, of advanced age, or experiencing financial hardship.

I should have stated in my original post that my file is "flashed" which the VA has said places it at the front of the expedited line so that's why I was trying to figure out if anyone else on here had their file flashed that could tell me how long theirs took to get rated at the AMO. Thanks!

Thanks Berta...my attorney guessed 10-12 months but Chris Attig (another vet atty) says 4-6 months or less so I decided to see if there was any vet on here that actually went through it personally (as expedited) that could dispel the discrepancy in time frames. I do realize that the docket length is ever changing but just was curious to see about a more accurate estimate.

Does anyone know from experience how long it will take to get a single judge decision (with expedited status) from the CAVC? Thank you in advance!

Ok, thank you for your fast reply! I appreciate your honesty and your time in responding. It's been 5 years of waiting so I'm just so ready for it to be over. I just found out that I won on July 3rd but it's frustrating that I have to wait on one more step before we can even get it assigned to a rater. Oh well, I guess I have no choice but to keep praying and waiting but with the interest rates going back up, it would be nice to lock in before it's unaffordable. Thanks again and God bless you!

Does anyone know how long it should take for my 6 conditions to be rated once they're assigned to a Rater if my case is expedited? The AMC is doing the ratings, not my RO where I filed my original claim. My attorney isn't able to assign it yet but hopefully within 2 wks. it will be assigned...we're just waiting for one more thing to be finalized before he can get it assigned to a Rater but I was just trying to get a sense of time. Also, after the Ratings phase, any idea how long before Finance would pay the back pay on an expedited case? Thank you in advance for your time in replying...I'm very grateful for any experience since this is my first time through this. Praying for all of you who are fighting and thank all of you for your honorable service!

I'm hoping someone can answer this confusing question for me. Regarding SMC-K, for a woman who is service connected for total hysterectomy and bilateral mastectomy, how would they compute it? The language in Section 38 reads for each loss or loss of use so would she receive 3 Ks for the reproductive organs? Also, would it be 1 K for each breast totaling 2 Ks bringing the overall total to 5Ks? Thank you in advance for your time and much-appreciated help!

Thank you everyone for taking the time to reply! I'll post as soon as I have an update. Enjoy your weekend!

Broncovet and brokensoldier244th, Thank you for replying! Were both of your appeals in an expedited status? Just trying to get an estimate of time frame.

Just rec'd decision on 7/5/18 that 6 (all) conditions were granted. My case is in an expedited status so does anyone know approximately how long before the back pay would be paid? It's already at the AMC waiting to have the rating percentages assigned. Thank you in advance for any insight from experience that you could give...I really appreciate it and I'm praying that all of you receive your victories!

Back in 1997, my claim for psoriasis was denied but my attorney discovered a CUE and filed it. On 7/5/18, I was granted service connection for psoriasis (that was one of the conditions listed on my 8/1/13 claim) but it hasn't been rated yet by the AMC. My question is...will the VA assign the same percentage to the CUE psoriasis as it will to the service connection one that it's getting ready to rate? Thank you in advance for any help you can provide since this is the first time through this for me. Praying for victories for all of you who are fighting!

Yes, my cardiac condition required me to have an ICD implanted which is an automatic 100% rating. I qualify for SMC K & S as well but my number is higher than the one you replied with. I used the charts on the VA's website to calculate mine so we'll see how it comes back. Hopefully it's right the first time as I'm tired of dealing with the VA after 5 yrs of this.

This was my first claim so I started out at 0% but as of today, I'm at 100% for my cardiac condition and I'm waiting to see what the AMC rates my other 7 conditions that they granted. I'm hoping it won't take too long for them to assign the ratings since I'm in an expedited status. My SS Disability is not enough to live on per month which is why I'm in a financial hardship. I'm not sure if the expedited status matters or not once it gets to AMC and Finance though. They may just process them in the order that they get them...who knows?

Filed claim: 8/1/13 Denied: 11/20/14 DRO Hearing: 2/11/16 DRO Denial: 8/8/16 (2 conditions) and 12/29/16 (for Ind. Unemp.) Appeal Certified @ BVA: 1/2017 (I think) and filed MTE (Motion To Expedite) MTE granted: Probably 2/2018 With VLJ: 3/9/18 Decision final and sent to AMC: 7/5/18 My atty said that the AMC tends to implement the decision quickly but is slow to send it on to Finance to get paid so I'm praying that's not how this goes.

Oh, yes...I have those preferences set with my bank. Sorry, thought you meant in my EB acct. Thank you so much for all of your time replying! I truly am grateful!

I went into my EB acct but couldn't find the email/text option that you mentioned. Yes, my direct deposit info is accurate but could you please explain how to find the notification options? Thanks in advance! I know I have to wait a bit for my retro to hit because now my file has to go back to the RO to be rated and then to Finance to be paid but just knowing that we won is such a HUGE relief! Thank you so much for your help...it is truly appreciated and thank you for your honorable service to our great nation...SEMPER FI!!!

G, PRAISE GOD!!! Got a call today from my attorney that we won!!! We did go the DRO route but were denied so we headed up to the BVA on appeal. I cannot recommend my attorney HIGHLY enough! This guy will dig, search and fight HARD for his clients and he is HIGHLY SKILLED in veterans law! If any of you know of another vet who needs EXCELLENT COUNSEL...please refer them to the Glover Luck Law Firm in Dallas, Texas...they are not only very, very good but very nice as well. I'll continue to pray for all of you who are still fighting...GOD BLESS YOU!!!

G, My appeal has been being updated on eBenefits ever since it arrived at the BVA in January but for some reason has stopped updating as of June 4th. I never had any other representation other than my current atty whom I retained right after my first denial 4 yrs. ago. He checks every day for updates in VACOLS and there haven't been any on there either. Was really trying to figure out if they update the entire site at once or only cases that have had any movement. My case is pretty cut and dry with indisputable evidence which is another reason why I'm confused as to why it's taking so long to render a decision.