Indy_CV62_OS

Sorry for not being active.  There really wasn't anything going on with my Remand until June 29, 2020.  I have three issues on Remand; SC for Post Thoracotomy Syndrome including chest wall defect and damage to intercostal nerve, increase bronchial asthma higher than 10% with a EED prior to April 2017 and TDIU.
I'd logged in to va.gov last Monday and saw that one of the issues; SC for the Collapsed Lungs was Granted.  The other two issues are still open.  So, I'm now reading all of the prior cases to try and determine what kind of Rating they are going to assign.  The increase for Asthma should be easy; their Ratings Chart calls for at least 30% if function is at a lower percentage or Veteran is using daily cortico steroid inhalers.  I have Spiriva and Symbicort every day.
The IU is the tricky one.  As we all know, you must have at least one issue at 60% or a combination of issues that total at least 70% with one issue at least 40%.  Even if the Veteran meets these criteria, IU is still subjective and not a given.  I'm going to predict a Rating of 40% or 50% for the Post-thoracotomy plus an increase from 0% to 10% for the scars, 30% for Asthma EED Aug 2014 and TDIU.
The VA being what it is, could just lowball me as well.  There's just no way to figure them out.  If anyone wants to see my Remand and/or the C&P Exam from Dec 2019, just let me know and I will post redacted copies.  For all of you who are Legacy, it seems as though 6 months is the average to get your Legacy Appeal Certified to the BVA and then 6 months on average for the VA to work on the Remand.  Good luck.

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

What a GREAT day!!  Had my C&P Exams today at Clarksburg VAMC; first was the PFT and then the medical exam.  The examiner was a physicians assistant.  Great guy.  He was quite animated about my case like "are you shitting me?  why is this case so long?"  Things like that.  He said that the new evidence from my lung doctor and the article I'd sent in about complications from chest tube are solid gold.  He chuckled about the nurse practitioner who did the exam in 2017.  Anyway, he looks at me and says "your lawyer, she's going to get a lot of money" I perked up right away then told him the lawyer is a he.
He filled out the DBQ as Torn Muscles and severed nerves in the left ribcage.  He said that what I had is comparable to a gunshot wound.  He said that every one of these examinations he's done has resulted in the Vet getting SC.  He also flashed the paperwork and he told me that Nashville was assigned my case.  He said that I should be all set in one month!  One more month...after 15 years, finally, I can see light at the end of the tunnel.
The key to my case is that I did my own leg work: got my own lung doc and furnished medical articles and other research papers.  You get out what you put in.  Please, do your Research.  Learn what happened, why, when and how it disables you today.  Tie the two together and you'll prevail.  Yes, it will take time but I must say, I was medically discharged and was supposed to be getting disability since 1986.  In 2005, I filed and I didn't stay on it.  I gave up and those were HUGE mistakes.  Don't be the old me; be the new me.  Thanks to all of you for the support and encouragement!

It has always been claimed as collapsed lungs with chest wall defects...since day one.  Yes, a treatable collapsed lung in and of itself, is not disabling, but, if the treating Naval Hospital severed intercostal nerve and tore up rib cartilige, that is disabling.  Chronic pain and splinting; yes but what is really kicking my ass is not being able to take deep breaths.  As my lung doc said, it's mechanical, not so much mental.  Thanks for checking in!!!

That is good news @Indy_CV62_OS, I remember that you were trying for disability for a collapsed lung and injuries related to a chest tube.  A treated collapsed lung is not a disability.  There are always secondary's to consider and request.

It sounds like you are on the right track. Hoping you get some good news eventually.

Just found out today that Huntington WV RO has my Remand.  This is good news.  I was hoping to avoid having my Remand going back to Philly.  Anyway, Huntington has already requested a C&P Exam.  I'm going Dec 13th.  Pretty quick.  Huntington did my hearing loss and tinnitus claim.  Claim filed Jul 2019 and Granted Oct 2019.  They seem to be quite efficient.  Now let's get to the exam; they want another PFT (pulmonary function test) and then a medical exam.  Here's the weird part; the medical exam may not be a Doc.  They told me his first name.  So, my Lawyer wants me to load up my paperwork and bring it with me.
Every time that I read and reread the Remand Order, it clearly sets a very high bar for the VBA.  For my case, it is a minor victory because the Judge ordered that the previous denial be reversed and the claim reopened.  The most important part about this whole process is the amount of research that I had done.  The Judge cited in his Order an article that I had sent to the Board about injuries that occur when a chest tube is inserted.  Also, the Medical articles that I had sent in about Dyspnea and not being able to take a deep breath.  It is so crucial that we get a copy of our C-File and educate ourselves about the process and what we are claiming.
The idea that I had sought out a Medical Opinion on my own, on my dime with my own Pulmonologist, may get me to the finish line with a full Grant.  Even if you have a Lawyer like me or a VSO; leave no stone unturned.  Do your own research and leg work.  I have all of the Federal Codes and all of Ratings criteria.  Never stop.  Never give up.  I will let you all know the outcome of my Remand.
Ray
 

Just found out today that Huntington WV RO has my Remand.  This is good news.  I was hoping to avoid having my Remand going back to Philly.  Anyway, Huntington has already requested a C&P Exam.  I'm going Dec 13th.  Pretty quick.  Huntington did my hearing loss and tinnitus claim.  Claim filed Jul 2019 and Granted Oct 2019.  They seem to be quite efficient.  Now let's get to the exam; they want another PFT (pulmonary function test) and then a medical exam.  Here's the weird part; the medical exam may not be a Doc.  They told me his first name.  So, my Lawyer wants me to load up my paperwork and bring it with me.
Every time that I read and reread the Remand Order, it clearly sets a very high bar for the VBA.  For my case, it is a minor victory because the Judge ordered that the previous denial be reversed and the claim reopened.  The most important part about this whole process is the amount of research that I had done.  The Judge cited in his Order an article that I had sent to the Board about injuries that occur when a chest tube is inserted.  Also, the Medical articles that I had sent in about Dyspnea and not being able to take a deep breath.  It is so crucial that we get a copy of our C-File and educate ourselves about the process and what we are claiming.
The idea that I had sought out a Medical Opinion on my own, on my dime with my own Pulmonologist, may get me to the finish line with a full Grant.  Even if you have a Lawyer like me or a VSO; leave no stone unturned.  Do your own research and leg work.  I have all of the Federal Codes and all of Ratings criteria.  Never stop.  Never give up.  I will let you all know the outcome of my Remand.
Ray
 

Just found out today that Huntington WV RO has my Remand.  This is good news.  I was hoping to avoid having my Remand going back to Philly.  Anyway, Huntington has already requested a C&P Exam.  I'm going Dec 13th.  Pretty quick.  Huntington did my hearing loss and tinnitus claim.  Claim filed Jul 2019 and Granted Oct 2019.  They seem to be quite efficient.  Now let's get to the exam; they want another PFT (pulmonary function test) and then a medical exam.  Here's the weird part; the medical exam may not be a Doc.  They told me his first name.  So, my Lawyer wants me to load up my paperwork and bring it with me.
Every time that I read and reread the Remand Order, it clearly sets a very high bar for the VBA.  For my case, it is a minor victory because the Judge ordered that the previous denial be reversed and the claim reopened.  The most important part about this whole process is the amount of research that I had done.  The Judge cited in his Order an article that I had sent to the Board about injuries that occur when a chest tube is inserted.  Also, the Medical articles that I had sent in about Dyspnea and not being able to take a deep breath.  It is so crucial that we get a copy of our C-File and educate ourselves about the process and what we are claiming.
The idea that I had sought out a Medical Opinion on my own, on my dime with my own Pulmonologist, may get me to the finish line with a full Grant.  Even if you have a Lawyer like me or a VSO; leave no stone unturned.  Do your own research and leg work.  I have all of the Federal Codes and all of Ratings criteria.  Never stop.  Never give up.  I will let you all know the outcome of my Remand.
Ray
 

I believe the judge is chastising the RO and remanding your case.  This is usually good for the veteran.

Wow, I love remands like this.  They did not obtain all pertinent information is the first part (item1).  Item 2 relates to the less than 50% likely decision.  The examiner is supposed to read everything that you provided and then make a new decision about whether you are SC and then provide a rationale.  This is a good thing.  The board notes, for the convenience of the examiner, that you still have residual pain subsequent to your time in service.  That is very good in my opinion.
Yes it looks like they are going back to 2007 citing new and material evidence.
Now you need to wait for them to obtain your records, if you can get them and provide them it might make things go quicker.  Then they have to do a evaluation of your C&P and make a new decision.  If it takes longer than six months I would see if your lawyer wants to write a write of mandamus for you.  The RO is supposed to expedite your claim but I have seen RO's not do this and sit on remands.

VQ...Great to see you again.  It almost smacks of a case that does not merit a VLJ.  I'm really looking forward to talking to my Lawyer.  He'll push them.  The funny thing is, the Appeal probably went right back to Philly.  Philly RO sat on my Appeal for almost 2 frigging years.  I will win.  I now know what happened when they put that chest tube in.  I just can't figure out why the Judge didn't just Grant with all of the new evidence from an extremely qualified lung doctor.  It is baffling.  I'm still trying to process the incompetency.  What REALLY pisses me off is that WE, the ones who went and Served, did not do a half ass job.  And we sure as hell didn't make the Service wait 5 to 10 years before we shipped over.

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

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

It's actually 20%.  That is the fee agreement I have with my Attorney.  If you do find a Trial Attorney and file Writ of Mandamus, then you're looking at a 3rd probably on contingency.  You have to look at it and decide that there was a definite CUE.  As the others have said...Use a Lawyer!  Good luck

The waiting is hard. Not knowing is hard. I find everything with the VA is confusing and difficult. Everything is too complex.

@Indy_CV62_OS, as I and others have told people you need to get a hobby because watching vets.gov is counter productive.  It will only add to your stress.  I also am waiting on a DRO hearing that is expected to be 10 to 26 months.  This is pitiful.  But there is not much we can do about it.  Hang tough.

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

I found this document while searching for other information and wanted to share it.   I don't know if it was here already or not.  I did a search but nothing came up.
It is PDF document created but the Disabled American Veterans (DAV) with a list of precedent setting decisions on appeals.  The last revision was January 2010  but there is a wealth of information in this document that I think could be of great use to everyone here.
http://wicvso.org/mbr_resources/2014_conference_presentations/CAVC_Digest.pdf