McRay

Filed NOD Nov 27 2018 SOC Aug 07, 2019 Form 9 Sept 27, 2019 Appeal sent to BVA May 26, 2020 Called BVA this morning and was told there working on appeals from June of 2019 and earlier. She also said I was requesting a tele-conference, which I didn't. When I told her that she checked again and agreed I hadn't requested one. I asked her why it showed up that way and all I got was "Oh, I guess that's just the way the system does it."

Thanks! I'm going to try. . I've got 3 claims I want to file for secondaries, but am holding off. Current appeal is for EED to 78 and 100% or ? and TDIU Atty is counseling me to hold off because VA will try to change the EED. I'm impatient because I need money, yet I know this is one of those claims VA doesn't want to pay. It's taken me 47 years to get to 50%. Claim was finally approved in late 2018, but they still had to mouse me around on the EED. Gotta give the atty credit because they were able to come up with evidence (nursing notes) the VA said there was no record of in the initial denial. From my experience, the VA is not on the side of the veteran.

I got my mine by calling the BVA number... 800-923-8387.

Congratulations!!! My atty is doing the same thing, legal brief with supporting case law, supportive IMO, med records discovered and submitted under 3.156c that weren't considered in original denial (1978). The difference is I'm not AOD so it's the long wait. I'm glad to hear you didn't have to go through RO hurdles and screwups!!

I have 3 claims I'm waiting to file. I also have an appeal at the bva waiting to go in front of a law judge. My attorney advises to hold off on the other claims until I get a decision. The reasoning is that the appeal has an EED going back to 78 and the VA will somehow use the new claims to change the EED. I've seen the legal brief for the appeal and it sure appears that he's been detailed and concise with lots of new and supporting evidence.

@Ademily87 I think it's extremely difficult to go through the process required to get MH benefits. For me, there's something depressing about going through the required steps of statements, C&P exams, denials, psych appts, waiting, etc... Or maybe just admitting something's not right. The trick is to hang in there and not give up. Like @broncovet said, an IMO is key and there are law firms that will front the cost if your case is strong enough. Get treatment at VA and it will help you and help your case down the road. There's a lot of good information and knowledge here -- and a lot of success stories. Good Luck!

Others may disagree, but I would recommend you consult with an attorney. If you've got a good case, they will probably jump on it and if it's not so good you'll have to do it yourself. I'm of the mind that it's better to get 70% of something than 100% of nothing. All of my claims were denied until I hired Bergmann & Moore, and then I got 50%. They were also able to find med records which may get me an EED of 1978 and a higher rating and TDIU. The one thing I am sure of is that you don't give up. Good Luck!

I agree with @john999. The system is designed to make you give up or delay until you die.

Thanks for the good info Berta! Yes, I've had the rhinitus long before a diagnosis of OSA. I've only had the OSA diagnosis for around 18 months. I have been on PTSD meds off and on for several years. The sleep study came as a recommendation from a GI doc who thought it might have something to do with high iron content in blood.

When I was in AIT (1971) I was given a climate profile. I went on sick call one morning for an upper respiratory problem and next thing I knew the ENT doc issued me a profile that basically stated I wasn't supposed to be stationed in a cold, damp climate. I later waived the profile and don't remember any more treatment. Currently, I'm at 50% for Unspecified Depressive Disorder and PTSD. I'm diagnosed by VA with OSA and have been given a CPAP machine. I'm thinking of filing a claim for the sleep apnea and possibly rhinitis. I'm a little confused as to how the best way to file would be, OSA secondary to UDD PTSD or Rhinitis or a supplemental claim? Or if the rhinitis claim is even do-able? I am treated at VA for allergies. I'd never considered a claim for rhinitis until reading some of the posts here. Oh, I also am given meds for PTSD. Thanks

Checking VA.gov and I see my Form 9 has been received and now it's being reviewed by DRO before certifying and sending on to BVA. Why does the DRO have to certify they've finished reviewing a case before they certify sending it to the BVA? I understand it's VA policy, but it seems like just another delaying tactic. Shouldn't the DRO have reviewed all the evidence when they made their decision and then sent a statement of case? Thoughts?

At my VA hospital it's on the kiosk where you check in. If I remember correctly it's the second bar from the bottom. Press the button scan your card and the kiosk prints out a receipt and tells you nothing more is necessary. It does seem the money is deposited quicker in your account if you use the paper form though.

GBArmy you are correct. Thanks for the reply. My new case manager is new to the job and that may be part of the problem, I don't know. As for having done my due diligence in hiring this firm, I just took the word of my VVA VSO (I'm learning the acronyms) who vouched for them -- not very diligent, I know. A month later, he wouldn't have anything to do with them but by then the contract had been signed. Oh well, just another layer of frustration.

I've got a question. I requested some documents from the attorney handling my claim last week from the case manager. I wanted some stuff that they supposedly have in my C File that I've not been able to get and I want a copy of Form 9 that needs to be submitted after the statement of case I received for the NOD I filed. Case manager said it's company policy not to provide any documents until the end of representation. Which is new to me because the last case manager sent me a copy of the NOD when it was filed. This feels really uncomfortable to me, how do I know that they even file a Form 9 if I can't get a copy. And none of this is in the original agreement I signed with them. What do you guys think?

If I am understanding this correctly it means after your case has been reviewed by the BVA and if you don't like the rating you can appeal said rating and your case will go to the top of the BVA lineup? I'm having to file a form 9 after filing a NOD for my SC rating and effective date, so the above would only apply after the BVA rules on the form 9?

So that would mean they reopened the initial claim I filed in 1978 wouldn't it? I'm trying to get the EED to 1978. It looks like I will have to 'find' missing records from Las Vegas VA around 1980 -- although I haven't seen my entire Cfile. Thanks

I received the SOC denial of my NOD and have a couple of questions. Maybe you guys can figure this out, it's confusing to me. Apologies for the length and any transcription errors as I'm inputing this myself. Here goes... Doesn't this mean that the reopen claim was granted on appeal? Sure sounds like it to me. I'm also sure I filed a new claim in 80, but that doesn't seem to have appeared in my C file. The bold underlined text is exactly how it appears in the SOC Thanks!!

Whyohwhy I think it would be a good idea to file the NOD. Did you get a C&P for Major Depressive Disorder? Others might disagree but I would recommend you get an atty, sounds like a complex case. Welcome to the rabbit hole..

Congratulations Mover! You won!!!

Geeky, kudos to you for having the tenacity to go through that ordeal and not explode. I would have ended up being belligerent and hostile and not gotten anything accomplished. You always write thoughtful posts here and I learn from them. Thanks My experience with VSO's is limited to Florida. Along with DAV, VVA and the other big ones, Florida has county VSOs, probably because of so many retired Vets there. My experience with those guys has been good. DAV was a waste for me, Viet Nam Vets actually helped and pointed me in the right direction. Geeky, your experience confirms my belief that most all experience with VA and claims is an US vs THEM thing. I don't know if it's designed that way or a result of bureaucracy -- doesn't matter -- end result is the same. If I had it to do over I would have consulted an atty from the beginning (I know one guy who's even helped Vets file initial claims). Of course atty's aren't all good, but the profit motivation may keep the bureaucratic mess a little cleaner. As a final thought, a VA nurse suggested I join the American Legion at one of my appointments. Had she not done that, things would have been a lot different.

That would really fry my a**, if attorney sold me out. I know there are good attorneys and there are some bad ones, too. These VA cases take so long and have so much impact on our lives that it magnifies their actions. Hopefully, I have a good attorney. He supposedly worked at the BVA at one point in time and is a member of NOVA? In 3 years I haven't talked to him -- only the 4 different case managers I've had. VA law seems to be quite different.

No, there was no discussion. He later encouraged me to use a law firm he recommended, which I did. I wish I had been reading this site back then. Hind sight is always so clear.

Thanks for the replies and looking at the DBQ. Berta, I didn't put in a 2nd claim. The first was filed for unspecified depressive disorder, anxiety and PTSD. A month later my VSO at the time filed another claim for PTSD. After the VA granted my appeal and I received the SC , my attorney filed a NOD for increased rating and EED. Thus far I don't have any new evidence, other than continuing treatment at local VA. I had thought I might get another IMO to submit with NOD, but atty advised against it.

I will post the C&P exam as soon as I figure out how to redact it. Don't think my pdf program will allow me to black stuff out, so will probably have to use a scanner and marking pen. Having some leak problems with new roof, so it might take a while. edit: I did check on ebenefits and this is what it says about my disabilities: Letters didn't give any information other than I was 50% and amount I'm receiving.

Thanks vetquest. I did not know that only the VA can issue a diagnosis of PTSD. I do think the rating is low and my appeal was for increased rating and EED. I first applied in 1978 and I suppose that almost guarantees a denial.