SPO

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.

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.

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.

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?

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.

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.

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.

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?

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.

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.

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

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

You have to check at least 3 times a day or you're not doing it right. Mine did change status to "a judge is reviewing your appeal". So hopefully that means it is assigned to a specific judge and it will cut down on some of the wait time. I know they still need to do a transcript of the hearing before a decision, but patience has never been something I'm good at.

So I had my appeal hearing with a BVA judge this morning. Aside from all the trouble I had with DAV it seemed to go well. (DAV didn’t contact me until 10 minutes before the hearing. Thought I was going to be going it alone.) i wanted to see if anyone wanted to weigh in on what the judge said. After I presented all the reason it should be granted she said the case was “pretty straight forward” and I “should have a decision soon”. She didn’t ask any specifics about my case, my condition, or how I believe they are connected to service , just if documents I referenced were in my file from previous portions of this claim. it sounds pretty good to me, but I know this stuff is always with a grain of salt.

So, my hearing in on monday 5/24 and I still haven't had any kind of formal meeting with my DAV rep. Pretty sure they still haven't even looked at my file to prep. I actually still don't know who is actually assigned to work this. Can I call them out to the judge or something since its to late to reschedule the hearing. I don't need these DAV idiots ruining my case because they are lazy.

thats good to know. Everything I have read on the BVA website says don't submit ahead of time. I've also read that anything submitted between the initial claim decision and the hearing can't be considered in the appeal. @shrekthetank1 Did you already get a decision back?

@shrekthetank1 So you sent them before the actual hearing? My VSO sounded like he was just going to add them through the normal upload process for a claim. Did the judge or one of his team give you a place to send your documents?

Has anyone taken part in one of these virtual hearings. Did they allow you to submit evidence before the hearing since you can't physically hand to the judge like you would in an person hearing?

So here is the final version I got from her last night, manually redacted this time. I think I looks pretty good, especially when you look at here long list of credentials. She is a board certified rheumatologist, director for the psoriatic arthritis program at a very prestigious hospital, her clinical expertise is psoriatic arthritis, she is a professor of medicine, and has been published multiple times on this subject. I have her full list of credentials ready to submit to the board. That is compared to the VA's nurse practitioner who practices family medicine. Division of Rheumatology.pdf

Is there anyway to delete things I’ve uploaded

@pacmanx1thanls for the heads up. Hoping no personal stuff can be seen. I saw a city name leaked through. But I can figure out how to remove it I just got off the phone with the docs assistant and she said they will flip the wording to say psoriatic arthritis is secondary to psoriasis. She said the reference in the diagnosis section should me enough medical rationale.

If I can’t get her to change it. Would it be better not to have it at all?

This is the best I’m gonna get out of this doctor. One issue is that she says that psoriasis is secondary to psoriatic arthritis instead of the opposite. I’m already rated for psoriasis and claim psoriatic arthritis secondary. Should I have this sentence removed or let it fly as is? I know they didn’t provide any medical rationale for it anyway. I do have at least 1 other opinion written the correct way in my file for nexus.

It appears I’m stuck with my bad Apple. No other VSO will take over since the appeal is already underway.

I have all my appointment notes, X-ray/ultrasound reports, etc.. that document symptoms and she did note my onset was in 2016 in the letter. what you just posted makes it sound like the VA examiners opinion was insufficient to outweigh that of a specialist in my case.