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SPO

Chief Petty Officers
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  • Service Connected Disability
    90%
  • Branch of Service
    USMC

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  1. Followed up with VA today. According to them, they are still waiting on the transcripts from my hearing from May 24, 2021. They requested them on June 15, 2021. Also spoke to DAV, and they said the status they saw was my case was "Pending Dispatch" . Any ideas what that means?
  2. Kind of confused on what I'm seeing. BVA website says legacy docket date is August 2019. AMA went into effect February 2019. https://www.bva.va.gov/Appeals_Metrics.asp
  3. So it seems they are waiting on transcripts to decide my case. Anyone have any idea how long they are taking to complete the transcripts and get them in my file?
  4. I had a virtual hearing, but I had to request it. Va.gov said teleconference for me too. Once I requested it through DAV, I was scheduled the next day.
  5. Hey everyone, I called the VA earlier today to sort out a question. I got ahold of probably the most helpful VA employee ever. He gave me a solid tip for when you need more information about your status than their usual scripted answers. If after their scripted status answer they don't provide any extra useful information, ask them to check the program "Case Flow". According to the rep this is where all the detailed status and notes are kept. He also said if you ask them to look, they are supposed to, including what is written in the notes. This is how I have found out exactly what people have been up to in my appeal. Hope this helps, just having a real idea what the VA is actual doing relieves some of the stress that comes along with dealing with the VA. -After searching about this system, it seems this is only for appeals, and came about as part of AMA.
  6. Another small update. I was informed that on the 15th the judge and/or his staff was requesting the hearing transcripts be made available to them as soon as possible.
  7. So under AMA vets get 90 days after a hearing to submit additional evidence. My appeal status has not changed to "Your appeals file is open for new evidence", it is currently "A judge is reviewing your appeal" . My question is, if I presented enough evidence to warrant a full grant, are they required to hold the case open for 90 days or can they issue a favorable decision?
  8. Somewhat of an update. I called VA to make sure they received all my evidence and the rep said their status as of May 27, 2021 is "drafting a decision". Now I'm not sure if that's just different wording from my status on VA.gov or they are actively working on writing a decision.
  9. Just thought I'd throw my timeline out there for everyone, mine seems kind of weird compared to the norm. Not sure what's going on, or if this is just how AMA is going. July 31, 2020- Supplemental claim denied August 7, 2020 - NOD filed, requested hearing January/February 2021 - Virtual hearing scheduled for May 2021 May 24, 2021 - Virtual Hearing Held, Same day status was changed to "Your appeal was distributed to a Veterans Law Judge" and then "A judge is reviewing your appeal" Status has not changed to "Your appeals file is open for new evidence" June 2, 2021 - submitted the remainder of my evidence and a statement waiving the remainder of my 90 days to submit evidence. No further changes as of today.
  10. Does anyone know if they are still getting transcripts for the virtual hearings? The judge recorded my hearing on the computer, but I don’t know it will be transcribed or the deciding judge will just watch the recording.
  11. I’m more so trying to figure out if submitting these letters now is going to be to much. Should I stick just stick to evidence the deals with the diagnosis part, since that’s the focus of the appeal?
  12. I provided another opinion and visit notes from another doctor as part of the appeal, and pointed out that they ignored my original doc’s opinion in the hearing.
  13. It’s more of them testifying that they have seen me have issues with pain due to arthritis as it currently is. Since this is secondary to something already service connected. I’m just trying to add some extra evidence for when it makes its way back to the regional office for rating, assuming it is granted. I’m not sure if this stuff will be worth submitting while it’s still on appeal for service connection.
  14. I had my appeal hearing on Monday and I am gathering the remainder of my evidence to submit. I was denied for no diagnosis, which I submitted extra evidence for and spelled it all out to the judge. I am wondering if a buddy statement providing some kind of objective evidence of painful motion would be helpful, even though its not useful for diagnosis purposes. Based on my feel from the hearing, I am hoping for a grant, not remand, and I'm trying to make sure any evidence to get me rated at least the minimum is in the file. 2 of my buddies who I have known as long as my condition has been going on agreed to write buddy statements reflecting severity and hopefully objective evidence of painful motion. A lot of my C&P's notate pain on various ranges of motion, but I don't know if that is sufficient under CFR 4.59 when it relates to diagnostic code 5002. 5002 says there must be objective evidence of pain to grant the minimum under the painful motion rule. Here is a link to a court ruling saying that lay statements from someone other than the veteran is acceptable, if I am reading that correctly. I am just trying to get ahead of the game and not have to appeal again if I get rated with a bunch of 0%. I realize service connection comes first, but I'd like to avoid going back to the board if at all possible. I I also attached a copy of one of my C&P exams for you guys to see, the are all pretty similar. https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000056749/Petitti-v.-McDonald,-Oct-28,-2015,-27-Vet.App.-415-(2015) Wrist C&P.pdf
  15. Here is a copy of one of the C&P's. I'm curious if blocks checked will equal "objective evidence of painful motion" under 4.59. Ignore the diagnosis part, that is the main part of my appeal, but I am trying to guess what I can expect if I am granted and they use the c&p already on file to rate severity. Wrist C&P.pdf
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