SPO

It is exams for the ones that were just grnated

No, I was granted 12 issues by the board, the RO then gave me ratings which then pushed me to 100% p&t for all 12 issues. Those same 12 ratings are still deferred with in person exams requested.

They already issued a decision on the 12 items that are also deferred. I feel like it’s an attempt to justify reducing me since the appeal hasn’t been fully closed.

Sorry. Couldn’t get a redacted copy so here is a copy and paste. All the various joints read about the same. I am positive that I’m 100%p&t , it’s in my letter generator and the DEA info is in this decisions. I noticed the didn’t list the evidence I submitted as part of the appeal in the evidence reviewed. In accordance with Board of Veterans Appeals decision, dated November 23, 2021, service connection for psoriatic arthritis of the left shoulder has been established as related to the service-connected disability of psoriasis (previous rated as minimal erythematous slightly scaly patches). (38 CFR 3.303, 38 CFR 3.310) The effective date of this grant is November 16, 2018, the date we received your intent to file, because we received your formal claim within one year of the date of the intent to file. When a claim of service connection is received more than one year after discharge from active duty, the effective date is the date VA received the claim (38 CFR 3.155). A noncompensable evaluation is assigned from November 16, 2018. We have assigned a noncompensable evaluation for your psoriatic arthritis of the left shoulder based on: • Objective evidence of rheumatoid arthritis without evidence of limited or painful motion (38 CFR 4.31) Note: In every instance where the schedule does not provide a zero percent evaluation for a diagnostic code, a zero percent evaluation shall be assigned when the requirements for a compensable evaluation are not met. {38 CFR §4.31} The provisions of 38 CFR §4.40 and §4.45 concerning functional loss due to pain, fatigue, weakness, or lack of endurance, incoordination, and flare-ups, as cited in DeLuca v. Brown and Mitchell v. Shinseki, have been considered and are not warranted. A higher evaluation of 10 percent is not warranted for arthritis, rheumatoid (atrophic) unless the evidence shows: • Objective evidence of arthritis along with any limitation of motion of the joint. (38 CFR 4.69, 38 CFR 4.71a, Historical 38 CFR 4.71a effective April 1, 1946) Additionally, a higher evaluation of 20 percent is not warranted for limitation of motion of the arm unless the evidence shows: • Limited motion of the arm at shoulder level; or, • Limited motion of the arm midway between side and shoulder level; or, • Painful motion of the shoulder. (38 CFR 4.69, 38 CFR 4.71a, Historical 38 CFR 4.71a effective April 1, 1946) An evaluation of 20 percent is assigned from July 7, 2020, the date of medical evidence which shows increased severity in your service connected condition. An evaluation of 20 percent is assigned for limitation of arm motion midway between side and shoulder level or for limitation of arm motion at shoulder level. A higher evaluation of 30 percent is not warranted unless arm motion is limited to 25 degrees from the side. (38 CFR 4.69, Historical 38 CFR 4.71a effective April 1, 1946) A higher evaluation of 40 percent is not warranted unless there is evidence of symptom combinations productive of impaired health objectively supported by examination findings or incapacitating exacerbations occurring three or more times a year. (38 CFR 4.45, 38 CFR 4.71a) A VA examination will be schedule to assist us in obtaining an accurate assessment regarding the current severity of your service connected condition. Laws and Regulations applicable to this issue: 38 CFR §3.1 Definitions. 38 CFR §3.155 How to file a claim. 38 CFR §3.159 Department of Veterans Affairs assistance in developing claims. 38 CFR §3.303 Principles relating to service connection. 38 CFR §3.310 Disabilities that are proximately due to, or aggravated by, service-connected disease or injury. 38 CFR §3.400 Effective Dates - General. 38 CFR §3.2500 Review of decisions. 38 CFR §3.2502 Return by higher-level adjudicator or remand by the Board of Veterans' Appeals. 38 CFR §4.10 Functional impairment. 38 CFR §4.40 Functional loss. 38 CFR §4.45 The joints. 38 CFR §4.59 Painful motion. 38 CFR §4.71a Schedule of ratings-musculoskeletal system.

Starting a new thread to avoid confusion. I was awarded 100% p&t on 12/1/2020, effective 7/7/2020 (date of last c&p). However, in the decision letter it says they are scheduling exams to evaluate my current severity. What is the point if I’m already 100% p&t. Are they just looking to take away what they just gave me?

I figured it would be a best guess situation. They issued ratings for all 12 issues the board granted between 0% and 20% each. The effective dates are 11/2018 or 7/2020. According to the DAV all 12 all deferred. He didn’t have much info at the moment about the exams they were requesting, just that he thinks that I’m not going to have to attend.

Ok. So some new, somewhat confusing info. The VA rated me 100% p&t on 12/1/2021, effective 7/7/2020 and I received retro last week. However, they have not issued a decision letter for it from the RO. Dav says that everything is listed as deferred and the are scheduling exams. He said it looks like they are scheduling record review exams to evaluate if I rated more than 0% between 11/2018 to 7/7/2020. Which would change my effective date and fix the issue, if they decide in my favor. He said he’s pretty sure, but not 100% that’s what they are doing. Has anyone ever heard of this?

For what it’s worth my BVA decision states that my symptoms developed in 2016. 2 years before I filed the claim originally. And like I said before, the items granted from the supplemental that led to this appeal were dated back correctly

The problem I have is that the supplemental claim previous to this gave me an effective date back to 11/2018, and that decision says it’s because it was continuously pursued. It’s all based off the same medical information, including the fact that the final ratings came from the same c&p. The evidence I added in the appeal was a medical opinion and didn’t address severity.

In the board’s decision letter (the one only granting service connection) it says I can’t appeal to the board again, only supplemental or CAVC. This seems outrageous to fix what is more or less an administrative error. Is the rating portion issued by the RO still considered the “board’s decision”. Again this appeal was done under AMA.

It’s an ama appeal, the board only granted service connection. Just had to go back to the regional office to assign % ratings. I think I can do a higher level review under ama to have it fixed, but not sure.

I said it in another thread, but I won my appeal at the board and was rated @ 100% p&t. But I have an issue with effective dates. 1. I started the process in Nov 2018 with 14 issues. Got denied on all issues for no diagnosis. 2. Filed an HLR within a month of the first decision and got denied again on all 14 issues 3. file a supplemental claim a few months later. I was awarded 2 out of 14 issues with an effective date of 11/2018 based on a C&P in 7/2020 4. I appealed the other 12 to the board about a month later. I was just granted service connection for all 12 in 11/2021. 5. The RO rated me at 100% 12/1/2021. A few items were 0% and effective 11/2018. Anything with 10% or higher was given An effective date of 7/2020(the c&p). in my mind this is a continuously perused claim. Nothing went over the 1 year appeal timeline. Also based on the fact that the supplemental claim ratings, based on the same c&p as the appeal were effective 11/2018. It seems all items should be effective on 11/2018. Thoughts?

Happy day! Ebenefits and my letters updated to 100% P&T. Effective date only went back to my last c&p in July 2020 not my original date November 2018, even though it was continuously pursued. The supplemental claim I appealed did go back to 2018 for the items I was granted back then. Fight still isn’t done, but at least over the biggest hump.

DAV called me this morning and confirmed that all 12 items were granted and the decision is in my file as of 11/19/2021.

Another update. My Va.gov still says being reviewed by judge, but the issues tabs changed to this. Looks like some good news.

Some actual new info This time for those of you interested in ama appeal hearing timelines. I was able to finally verify that my transcripts were actually completed on 11/16/21. Talked to 2 different people to ensure I got the same info more than once. That makes 6 months to get hearing transcripts completed. I did make a call to the White House hotline because no one could figure anything and we can’t talk to the board anymore.

Looks like BVA updated the metrics again today. An AMA hearing appeal is now 547 day (vs the previous 457). And the legacy appeal date has gone backward to august 2019.

I watched the video and they say it’s a split workload. 80% legacy and 20% ama. Hoping, even though my appeal is ama, it will be done soon since I already had a hearing and it’s assigned to a judge for review.

Do you have a link or anything about the appeals being on hold. I can’t find anything.

I’m in the hearing docket. If the metrics hold true for me they should be done at the around the end of this month. Mine says being reviewed by a judge, already has the hearing

It’s frustrating for sure. I finally gave up and called the White House hotline. i searched the BVA decisions, which are out up through august, and at least 30-40 decisions have been rendered just for the same exact date of submission as mine. The wonderful people at the call center can’t even figure out where my hearing transcripts are.

Does anyone have any clue what the current date of AMA appeals the board is working? I know I can find the current legacy date in the appeals metrics, but they don't say anything about AMA.

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?

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

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?