vetquest

I once was speaking to a high level VA official who stated that the VA does not award persistence.  In other words appealing is not a way to win your claim.  This was after the VA dug up a civil war law and made it illegal for a veteran to pay more than $100  to a lawyer when they are defending a veteran against the VA shenanigans.  That was overturned and we have the right to appeal with a lawyer and many of the things that the VA used to hide behind are now not available to them.  About that time the VA was broken, it has improved as far as the veteran's appellate rights.
The military teaches you to not quit and then the VA tries to break us when we are broken.  Never quit, never surrender.

Man o man o man, sorry guys, I guess that human part has been kicking me around for a few years.  I did win my BVA CUE EED but the local VARO low balled me so bad I over looked it or I couldn't Believe it.  After re-reading my VARO decision letter,  on back of one of the rating sheets it states that "VA made a CUE".  The VA gave me an effective date that I felt was still wrong.  I was so upset I think I filed a NOD the same week I got my rating decision.  Yes, this is all taken care of due to my recent grant for an earlier effective date,  I still can't believe it.   This time VA didn't call it a CUE, BVA decided that my original claim was never final and gave me the earlier effective date . This is the correct effective date, now all the local VARO have to do is get the correct retro pay.  My recently BVA grant take my effective date back even further then my CUE EED.

Vetquest  I'm not sure, but I think the saying is "you're smarter than you look." 🙂

@Indy_CV62_OS, If this is a remand and the RO grants your appeal you can stop there.  If they do not grant your appeal or if you are not satisfied with the results of the grant you can send your case back to the BVA and have them take another look at it.  You keep your original place in line if you do this so it does not take as much time as a normal BVA appeal.  I once had a lawyer once end my appeal after the remand and I was not happy with the results, the lawyer had already been paid and said I was taking up other vets' time at the board.  I fired the lawyer and sent my case back to the BVA and received further relief.

Just to add, when I filed my claim through a VSO they faxed it immediately.  It took three months to update on the system.  This is not excusable but it is sometimes the way it happens.  As Broncovet stated check with your VSO and see if they will check VBMS for you.

@Indy_CV62_OS, If this is a remand and the RO grants your appeal you can stop there.  If they do not grant your appeal or if you are not satisfied with the results of the grant you can send your case back to the BVA and have them take another look at it.  You keep your original place in line if you do this so it does not take as much time as a normal BVA appeal.  I once had a lawyer once end my appeal after the remand and I was not happy with the results, the lawyer had already been paid and said I was taking up other vets' time at the board.  I fired the lawyer and sent my case back to the BVA and received further relief.

I think the reg states that after the 1 year or 13 mos if there is enough information in your file to grant a percentage then they will give you that rating if not then you would get a notification of a C&P.

Ronc531 If you're asking, is XYZ  "Normal" for the VA to do, the only thing that is "normal" for the VA is to deny, delay, hope you die. The most important thing is what does your decision letter say. Ebenefits is inaccurate and often late on updating status. What I would do is put aside the difference between 90 and 100% someplace where you won't spend it in case they want a refund. You can also appeal if that happens and say you already spent it and it would be a financial hardship to make you pay it back (garnish). You are right about a temp rating going on so long; wondering if you had a C&P exam during that time and it showed your condition was still not better, and somehow that factored into your extended period of 100%.

@Kelly Severance First off, since it appears that you have received his CFile I would take this as a gift, even though you have not requested it, it is a good thing.
The exams you have listed look good for TDIU so that is good.
I would call your VSO or lawyer if you have one and ask them where the case is as they would have access to VBMS.  If you do not have a lawyer or VSO call the VA 1-800 number and explain that your case has closed and you have received no notification.  Then nicely ask them if they can look at VBMS for you.  If they do not call again and nicely ask again as sometimes if you get a good rep on the phone they will look at VBMS for you and tell you what is there.  I have done this multiple times as my VSO does not have access to VBMS in that my case is locked out.  
At this point you have done all that you can without requesting your senator or congressperson to look at your case.
Good luck with this and keep us posted.

That is normal for the VA, I am glad they finally admitted it. 
In all seriousness you can call peggy or call the 1-800 number for the Whitehouse hotline.

@blahsaysme2u, I mean that if you hire a lawyer they take 20% of your award, make sure you hire a NOVA approved lawyer.  If you lose you can take it to the Court of Veterans Appeals and you need a lawyer there but getting one should not be hard as they pay the lawyer at the CVA and it is nothing out of pocket to you.  @broncovet, has much more information about the CVA than I do, he has been there.
Good luck and keep us posted.

It appears to cover all of the bases.  Being that you did apply within the one year time frame it should be presumed as your VSO's lawyer states.  I cannot say that I would be uncomfortable going with this to the BVA as it hits all of the points needed.  The question I have, is the lawyer going to follow your case at the BVA?  If not, then I would most assuredly contact a lawyer and see what they might do for you.  The greatest advantage of having a lawyer is that they take time to intercede for you.  If this lawyer is not going to personally handle your case or handle your case and a thousand others I would feel more comfortable with my own lawyer, especially if you are so close to 100& scheduler.  You lose 20% of your award but this is a milestone for you.

Call Peggy

Here is my current HLR.  No idea what the ERROR is, but they removed my issues, so now the waiting game to see if the ERROR  is in my favor or not.
Higher-level review received November 2019
Up to date as of February 11, 2020, at 3:27 p.m. ET
Status Issues See past events
November 20, 2019 – February 03, 2020 Current status
The Veterans Benefits Administration is correcting an error
During their review, the senior reviewer identified an error that must be corrected before deciding your case. If needed, the reviewer may contact you to ask for more evidence or to schedule a new medical exam.
 

It appears to cover all of the bases.  Being that you did apply within the one year time frame it should be presumed as your VSO's lawyer states.  I cannot say that I would be uncomfortable going with this to the BVA as it hits all of the points needed.  The question I have, is the lawyer going to follow your case at the BVA?  If not, then I would most assuredly contact a lawyer and see what they might do for you.  The greatest advantage of having a lawyer is that they take time to intercede for you.  If this lawyer is not going to personally handle your case or handle your case and a thousand others I would feel more comfortable with my own lawyer, especially if you are so close to 100& scheduler.  You lose 20% of your award but this is a milestone for you.

GB, his case at the BVA is still open until he releases it or the BVA makes a final determination.  Once the rater makes a decision he can accept that decision and/or have his case returned to the BVA to decide if the decision is proper for his condition.  In my case the BVA made a decision that the effective date needed to be sooner so you do not usually lose any ground having the BVA look at your case again.  It also goes to the top of the que since it is a remand.

It appears to cover all of the bases.  Being that you did apply within the one year time frame it should be presumed as your VSO's lawyer states.  I cannot say that I would be uncomfortable going with this to the BVA as it hits all of the points needed.  The question I have, is the lawyer going to follow your case at the BVA?  If not, then I would most assuredly contact a lawyer and see what they might do for you.  The greatest advantage of having a lawyer is that they take time to intercede for you.  If this lawyer is not going to personally handle your case or handle your case and a thousand others I would feel more comfortable with my own lawyer, especially if you are so close to 100& scheduler.  You lose 20% of your award but this is a milestone for you.

I was rated for headaches ten years after discharge.  It is possible if it is in his service records as headaches can wax and wane over the years.  He needs to start keeping a headache diary, which can be found on the internet, if he wants to show his headaches are chronic and to what level.

Sounds like you know the VA well now.

Congratulations Sir.

I was rated for headaches ten years after discharge.  It is possible if it is in his service records as headaches can wax and wane over the years.  He needs to start keeping a headache diary, which can be found on the internet, if he wants to show his headaches are chronic and to what level.

Back in the 80's most Naval Hospitals stopped seeing dependents.  Camp Pendleton got sued and rightfully so.  A dependent on base was hit by a military vehicle and the hospital refused to see her.  She died on route to a civilian hospital.

Fat Here is the DBQ for headaches. VA Form 21-0960c-8 https://www.vba.va.gov/pubs/forms/VBA-21-0960C-8-ARE.pdf He is going to have to show that he had them by way of his STR's;  have to be diagnosed with them now by a doc, and will need a nexus. It would help a great deal if he has used the same doc ever since he was discharged and the doc would certify to that fact. That would go a long way on the nexus. If he has a wife or friend/family member that could provide a buddy letter, talking about his having these headaches since he returned home,  I think that would also be a big plus. Without a opinion from a doc on the nexus, I doubt if he would have much of a chance; 12 years is a long time for this kind of disability. IMO

If you have 2PHD's and a VA psychiatrist that should be great.  Only the VA can diagnosis PTSD, not civilian doctors but you appear to have that locked up even though the C&P did not recognize your stressors.  As far as your DRO hearing we do not know what they might ask.  I went to mine with a prepared statement, at least know what you want to say beforehand.  They might or might not want the whole thing but they will probably want to know your stressors.  At my hearing they asked me why I wanted an increase and where I thought that the VA had erred.  Bring your VA doctor's statement with you and the other two and offer them to the DRO.  Your most important evidence in this case is the VA doctors.  In mine they sent me for a new C&P. 
What you are trying to do is establish reasonable doubt.  In the basis of a positive and negative they are supposed to award in favor of the veteran.  

Congratulations Sir.