Indy_CV62_OS

Well, I have decided to ask my Congressman to make an inquiry. My reasons are 1) My Appeal is at Phila. VARO and they have had many scandals in the last 5 or 6 years. 2) It should not take more than 18 months to certify an Appeal. Look, I know there's a backlog and if my Appeal were Certified, at least I know it's going to the Board. The Board may take another year; that's fine just as long as I know my Appeal is progressing. I checked my Form 9 and we did not request a Hearing so my Legacy Appeal should go faster than those who have requested a Hearing. I don't know what, if anything the Congressman can do but I did get a DRO Hearing in Philly after calling the White House Hotline. In the case, the squeaky wheel usually gets the grease. I would encourage any disabled Vet to squeak loud and often. The scandals are worrisome to me; whistleblower came out and said that dates were changed on all of our claims in order for the RO Director and some others to get their bonuses. Another scandal was the relocation deal for over $270K. Let's just say that I watch many Congressional Hearings. I don't know how much power is left at the House, but it sure is satisfying to watch the Entitled Critters squirm when they have to answer questions. I'll let you know what comes from the inquiry. Ray

CUE is so damn hard. I wonder if you could find an Attorney and file a Writ of Mandamus with the Federal Court. It's a very long process and it might be difficult to find a Lawyer that would take the case on contingency basis.

So what you're saying is that with 90% combined and with one at 40%, IU is not a gimme. Sheesh. And you're on SSDI as well. Un-frigging-real. That's a disgrace. I mean you are right there in the IU wheelhouse and they won't just Grant it. I am really pulling for you to get it.

I did not know that about your case. Can I assume that you have filed regularly for increases over the last 17 years? Can you elaborate a little more on your VR&E process? Do you have a VSO or an Attorney? Your profile says 90% but you're actually 70%

I'm already on SSDI. I would think that it should not be too big of a reach to get IU. It's on my Appeal and all the DRO has to do is to raise Asthma to 40 or SC the collapsed lungs at 30% and I'm at 70. I'm already 60 combined. Gotta believe that DRO would just Grant what's on Appeal.

While doing more research, it seems that IU is not very difficult for me to get. I have one disability at 50% and another at 10%. All the DRO has to do is to SC my collapsed lungs at 30% or Grant 20% for lungs and increase Asthma to 20%. I have to say that the Disability Calculator here at Hadit is a great tool. I have to believe that RO's are getting pressure to clear up the Legacy backlog. Just in case you did not know: IU (Individual Unemployability) is at least one SC Disability Rated at 60% or two or more disabilities that total 70% with one disability at least at 40% and you can show that you cannot work anymore. IU is paid at 100%. Now upon further research, it is better for all of us to achieve Scheduler 100%. This would give us protection from a down grade out of 100%. I love what Chris Attig is doing for all of us and it was he who had said that even if we cross the IU barrier, we must continue to file for increased ratings. Using the calculator, you can easily figure out how a combination of Disabilities would get you to Scheduler 100%. So, let's hope that the DRO's can clean things up by just Granting a few conditions on our Legacy Appeals. I'd like to see more of you who are in the same boat do some posting here. At some point, all of us are going to spot trends with the VA, either at the DRO or the Board.

I've rested on my previous post, however, I had to at least reach out to the Board and get a few things cleared up. This may benefit anybody else in the Legacy Appeals Program. When my Lawyer submitted the Form 9, we did in fact secure a place in line. I called the Board and even got my docket number. The number is 800-923-8387 The logjam is with the DRO. There is no published wait time for Appeal Certification. Essentially, the Board can't do anything until the RO Certifies the Appeal. Now, there is always the possibility of a Grant on Appeal by the DRO. This seems to be borne out of several factors. 1) Congress pulled the plug on bonuses. 2) Congress has pressured VBA to get all Legacy Appeals completed no later than FY 2020. Wish there was a way to muster all of the Form 9 peeps so that they can post their date. My Form 9 was received by VBA in Nov. 2017. Next step in the process is either a DRO Grant with SSOC or Certification. From what I can scrounge up on the web, Certification takes about 22 months. The little counter on the bottom of the page of va.gov shows where you are in line. My counter shows 108,433 appeals ahead of mine. The Metrics page shows that the Board is dispatching about 1760 cases each week. Some quick math puts me at about 61 to 62 weeks. But, without Certification, that counter really is not useful. Hope this helps others.

I'm not sure that PTSD includes obsessive behavior but watching Metrics and va.gov several times a day is not gonna get it anymore. As best as I can tell, my Appeal will take at least another 14 months or so to reach the Board. I just hope that others are able to maintain their sanity....The definition of insanity is doing the same thing over and over again and then expecting a different result...it's very difficult to wait them out. We have to believe that the people at VA are trying to work on the backlog and providing whatever service they can to those of us who have Served. I have to rest on that. I'm Praying for DRO Grant but I'm expecting my Appeal to be Certified soon. I think that when we cross into the next step, this gives us some reassurance and a little peace. As long as we can fully understand each step and communicate with our Advocate, everything should work out. It really is about doing the time and waiting out the process.

Bronco...There is no more RAMP. All Appeals after Feb. 2019 are AMA. Since I did not opt in on RAMP, I'm still in the Legacy Process. I have no say in regards to when the DRO will Certify my Appeal. RAMP was a test and they only had 6% opt in. At BVA, for any Appeal after Feb 2019, there are the three lanes. For Legacy Appeals there is Direct Review, Physical Hearing or Video Hearing.

Still waiting on DRO to Certify my Appeal. Doing quite a bit of research and the DRO Review is not technically a De Novo review. So, let me just post the Legacy Process here: Filed Claim 8/2013; Denied NOD sent 12/2014 DRO Hearing Granted 2/2016 C&P Exam 4/2017 Rating Decision; 60% Combined 9/2017 EED 8/2013 NOD Sent; SSOC received...no go. Form 9 sent 11/2017 Hearing box not checked; We selected Board Direct Review as this is fastest route Waiting on DRO to Certify Appeal. Expected wait time is 623 days. My Appeal should be Certified within the next 4 to 5 months. At this step, there could be a DRO Grant, more exams or another SSOC. Next would be Notice from Board with Docket Number followed by 90 day notice (window of time to submit new evidence to the Board). Estimated wait time from Appeal Certification is about 519 days. Once the Appeal has reached an Administrative Law Judge, the decision would take approx. 5 to 6 months not counting time for Remand(s) This is the Legacy Appeals process, as accurate and complete as I can determine. This is a guide for anyone in the Legacy Appeals Process. It is my intention to provide the most up to date information on this process. Good luck with your Appeal and I really encourage others to post their progress onto this thread. Thanks all!!

Bronco....my Form 9 was submitted 11/2017, so I've done more than half the wait time. What I really am hoping to do is to zoom in on the process. According to va.gov my appeal has been received, it is under review by DRO and I have a secured place in queue. If my appeal is at the RO and was assigned to a new DRO, is that another De Novo Review or is it just that the DRO certifies the appeal and sends it to DC?

Looked at my actual VA Form 9 and there is no Hearing. It appears as though my Attorney chose Direct Review. My Appeal is with the DRO awaiting certification...is there going to be another De Novo review before my file is sent to the Board?

Update: From VA Appeals Metrics page, the Board is dispatching 1805 decisions per week, thru week 29 of FY 2019. So far, they have offered 34,835 Hearings with 5406 no shows. Actual Hearings is 11,012...some quick math...there are some 18,000 Hearings unaccounted for. Hmm.

Where are you in the process?

Bronco....scared me half to death...whew. My Lawyer filed NOD within a day of Rating Decision; Sept. 2017. We got the SOC and then filed Form 9 Nov. 2017. Let me get my heart off the floor. I'm good. We're sitting with the DRO in Philly. Either they will Grant or Certify

Shrek....I never considered that....the part where my appeal gets certified and then goes AMA. But the new process has three lanes and the Veteran chooses one of those. Pretty sure I'll remain Legacy. The numbers on va.gov sort of jive with the Boards Metrics page. I appreciate your input and I will do a bit more digging on the higher denial rate in order to clear out backlog.

Researching the VA Legacy Appeals bottleneck and have some information which might be helpful. I am in the Legacy Appeals program and I want to share whatever I have learned. According to Comprehensive Plan for Processing Legacy Appeals and Implementing the Modernized Appeals System Public Law 115-55, Section 3 the VA Board has dispatched 81,033 decisions in FY 2018. Do some basic math and there are 260 working days p/year so their output is about 311 decisions per working day. My Appeal is still at the RO and waiting on Certification. According to va.gov there are 110,742 Appeals ahead of mine, so, if I apply the math above, my Appeal should take about a year to get to the Board. Just a quick review of the process: File Form 9 (Prior to the new AMA which began Feb 2019) and it currently takes 623 days to get the Appeal Certified by the DRO. Once the Appeal reaches the Board, we should get a Docket number and a 90 day window to submit new and material evidence directly to the Board. The time from Certification to Hearing is about 17 months and then an additional 5 to 6 months after the Hearing to get the Board's Decision. I've spent the last several days watching Congressional Hearings non stop. There are a bunch of unfilled positions in VHA and VBA. The VA has adequate funding and the new Law to adhere to. I just can't determine what they're going to do about the backlog building each year. Anything new, I'll report it here. Ray

@Tbird Thanks shipmate!

One more question...When do we reach the point where our posts no longer require Moderator? When I can take my 3's and 2's? LOL

@broncovet Currently, all emails through IRIS go to Peggy and not the RO. Certified mail to the RO would probably work since we can still Google the address for the RO. I'm going to discuss these things with the lawyer. I'm sure he's going to advise that we follow the protocol but when I first met him, he had said that he would potentially make them go all the way back to Separation. He is that aggressive and I'm sure he'll know how to do these things. The VA does not acquit themselves as working hard for all of us. To the average person, you would think they would say to themselves "shit, this guy could've been collecting since 1986" but no, that's not how it works. They are the gate keepers to the stash. They decide who gets what. Mostly, they deny, deny, deny. Nothing, not one damn thing has changed under the new POTUS. I watched every rally and heard all the nice talk about "Our Veterans". Talk is cheap but it can buy a billionaire the White House. I do have a new question: since 2005, I have been claiming panic/anxiety due to the collapsed lungs. In April 2017, I had a C&P exam with a Psych in Philly and she had said that I was mis-diagnosed. That what I have is PTSD and she completely filled out the DBQ with her Diagnosis's, Stressors and Nexus. Should I claim PTSD? From what I gather, since I'm already SC for mental that I can't claim it. The reason I ask is that PTSD can only be Rated 0, 10, 30, 50, 70, 90 and 100. Her DBQ has Suicidal Ideation and it lines up exactly with 70% on the PTSD table.

@Berta I think CUE is going to be extremely difficult. There were missed exam's on the 2006 Rating Decision. For the NOD, I had sent in the report from the VA Psych; they just will not SC the lungs. I think it might be best for me to follow protocol. The DRO has my Appeal. They could Grant and if not, they'll Certify the Appeal and we'll wait for a Docket number. Looking at other cases out there, going outside of the protocol has it's dangers. The whole system is set up to follow certain steps and since I'm already 60% combine, it might be best for me to just keep my powder dry. Those Federal cases can take up to 10 years. The whole thing is designed to push out benefits for as long as possible and to discourage Vets. My case in point is when I gave up after 2006. It can be so damn frustrating but I am much better off than many others. God only knows how many of our people have lost limbs and are still trying to get SC. We all learn from each other and man, I sure have learned a bunch just being here a few days. I have a good Lawyer and we're getting by just fine. I need to stop and appreciate what I have and not worry so much about what could be. Should we go all the way to the Board and not prevail, there are other remedies. What I want others to do is to learn from our mistakes. My biggest mistake was not taking the VA Disability at Separation and then the next big mistake was giving up in 2006/2007.

Hi @Berta...I was MEB'd for Asthma, DNEPTE, Status Post Spontaneous Pnemothorax (collapsed lung) times Two, DNEPTE and Post-Thoracotomy Syndrome, DNEPTE. In Service, they knew nothing about Panic/Anxiety or they willfully ignored it. Case in point: First collapsed lung, Right, they could not provide a reason. After spending 10 days at Portsmouth Naval Hospital I was sent home for 30 day leave. First night home, started feeling twinges of pain in my chest. Could not breathe. Drove myself to local ER....ran in, recognized the nurse, Eileen, told her can't breathe. Gave her the papers from the hospital. They threw me on a gurney and gave me shot in the ass. Within a few minutes, I was breathing better. I was all confused. How does a needle in the ass make the chest better? They told me it was a Panic Attack. Doing research in the last 5 years, I believe the collapsed lungs may have been caused by the fire bldg. at Great Mistakes. They made us take off the Mark IV mask and feel our way out. Something nasty in that smoke. The Chemical Attack bldg., we nicknamed it Suzy Q. I found out that they used CS Gas. Same drill. This is what I suspect caused both lungs to collapse while at A School in Damneck, VA. SSDI is for Panic/Anxiety and severe scoliosis and multiple herniated discs. The VA was given all copies of that. I'm going to follow protocol. I must allow the DRO in Philly the chance to either Grant or Certify the Appeal. My opinion is that the VA does not want to take ownership of caring for me from what happened in Basic with the smoke and the gas. If my case goes to DC, I will go to the Hearing with my Lawyer, armed to the teeth with everything I got. If the Board does not Grant, then I go after them for Disability all the way back to 1986 because I was entitled to that at Separation. Then I will go after them for CUE because the Rater in 2006 screwed the pooch.

Congrats on the Grant. We'll Pray that the remand for TDIU goes in your favor!

I need to cool my jets. It seems that a Writ is last resort. I am Rated combined 60%; 50 for panic/anxiety and 10 for asthma. I'm also getting SSDI so I probably need to allow the Appeal process to run it's course before I go and run through the jungle with a machete'. I will scan the Rating Decision and post it. What I have to do is to keep in mind that right now, my case is at Philly and it's with a new DRO. They could Grant the Appeal and it would be up to me to keep pushing. What knocks me out is that they refuse to Rate the collapsed lungs.

Thanks Bronco. The Lawyer I already have and I'll speak with him this week. The NOD was for percentage. I just looked back at rating decision of 2006 and they denied Panic/Anxiety due to Collapsed Lungs, on Active Duty because "there was no diagnosis for Panic/Anxiety while in Service". Just because they didn't understand Panic/Anxiety or PTSD in the early 80's should not be my burden. The Rating Decision also notes some missed appointments which could be a problem but I was a mess at that time. Family doc had me on 10 mg Valium 4x and 2 mg Xanax every 4 hours. Just to keep the panic attacks down a bit. I think that what the lawyer will say is to wait out the Appeal Certification and then get a docket number. I'm probably jumping all over the place but in a nutshell...my medical records from the Medical Review Board show the Asthma DNEPTE, both collapsed lungs DNEPTE and Chronic Chest Pain DNEPTE. Just because I didn't claim the disability at Separation does not mean they did not exist. The Rater in 2006, I feel, dropped the ball. I had given them clear evidence from a Board Certified VA Psychiatrist that spelled out the disability, the service connection and the Nexus. Then 2013, I file a new claim with the same disability; panic/anxiety. They Granted 50% for it. So how does the Rater in 2006 get away with not Rating it then?