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Backpay
Third Class Petty Officers-
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Everything posted by Backpay
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Small update. Still haven't heard from NSO for my VSO. I did email the AMO back though asking for one more confirmation because my VSO told me it was being worked back in March. AMO replied back within hours (super impressed with that) and said as of the moment he sent original email it was with NWQ and that the droc DC or something are the ones who send claims from nwq to the RO. So now that I think about it I assume the NSO from my VSO should know that so maybe he did lie to me. The AMO did say they would email me Monday letting me know what work has been done since they set things in motion.
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I spoke emailed and got reply again from AMO. Yesterday they sent email to DROC-DC to get my claim sent from nwq to RO. Monday they are going to follow up on that and email me to let me know where it is. I was told they try to get partial grants done within 4 months and mine hasn't left nwq in like 185 days or so. my VSO hasn't replied back yet either when I asked about them telling me it's been worked on since March when that isn't the case. ill keep everyone updated
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Update: Last week I contacted VSO by email and called the Whitehouse hotline. VSO replied last Friday or so and told me that my granted issues on appeal were with a rater and I just needed to wait. Today I got response regarding my Whitehouse inquiry from the appeals management office. They are telling me that my claim is not with a regional office but with the national work queue. They said they are sending email to RO to get claim out of queue and work the granted issues then work the remand portion since it's been over 180 days in the queue. So who do I believe? VSO who says it's already at rater or AMO who replied at request from Whitehouse? Somewhere there is a disconnect.
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Thanks and exactly what I thought. This is interesting read as well. https://www.courtlistener.com/opinion/817352/harvey-v-shinseki/?q=cites%3A(416) My understanding is I now have proof of their violation of clear orders and regulations. So if anyone wants to file writ for themselves and want my email from VA specifically saying that don't prioritize remanded appeals over new claims which shows they aren't being handled expeditiously as required let me know and I'll send it to you.
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Here is quote from IRIS in response to some of my questions where they state that they are not a higher priority. "In general, expeditiously means with speed and efficiency. In general, remanded appeals are not higher priorities than new claims." So they do at least admit they don't treat them as a priority.
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What does this mean? Does it mean remanded appeals are supposed to be handled as higher priority compared to new claims when they get sent back to RO from BVA? That's in CFR 38 in case anyone wants to look it up. 5109B. Expedited treatment of remanded claims The Secretary shall take such actions as may be necessary to provide for the expeditious treatment by the appropriate regional office of the Veterans Benefits Administration of any claim that is remanded to a regional office of the Veterans Benefits Administration by the Board of Veterans’ Appeals.
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Do I need new C&P exam?
Backpay replied to Backpay's question in Veterans Compensation & Pension Exams
Definitely will, thanks. -
Do I need new C&P exam?
Backpay replied to Backpay's question in Veterans Compensation & Pension Exams
Just got email from VSO. I sent an email asking what they were talking about since their last email made no sense what so ever. So allegedly my appeal is currently with a rater. So hopefully not much longer. -
Do I need new C&P exam?
Backpay replied to Backpay's question in Veterans Compensation & Pension Exams
My Reps haven't been that helpful either unfortunately. I filed my own appeal, submitted my own evidence and made my own arguments since they would never call me back and would never answer the phone after I gave them right to represent me. I think it's been about 2 months now that they have allegedly been working my granted issues. But now Peggy says it's being worked along with the remand which Peggy told me in past they don't do. Maybe I'll give them another week or two then send letter to RO demanding action citing Harvey V shinseki https://www.courtlistener.com/opinion/817352/harvey-v-shinseki/?q=cites%3A(416) They keep telling me I'm in a line and they will get to me when they get to me and it seems they are allocating more resources to the new appeals system and not the legacy when they specifically have duty to handle remands expeditiously since they have been waiting longer then any other type of claim. So why new claomsyare getting handled faster makes zero sense to me other then they are ignoring their mandates. -
Do I need new C&P exam?
Backpay replied to Backpay's question in Veterans Compensation & Pension Exams
I was told by the national service officer for my representative organization they spoke with the appeals coach to work my claim. But yes this last week all the Peggy's keep saying they are being handled together. Can you point me to the rules and regulations specifically with them being handled separately? I want to call them back. I've been calling them at least once a week for a couple months now. Sometimes multiple times a day if I get conflicting information and I have a ticket open with white house veterans hotline. They wanted to send me to Peggy until I said they were the problem. -
Do I need new C&P exam?
Backpay replied to Backpay's question in Veterans Compensation & Pension Exams
Dec 5th I was granted connection for tinnitus and tenosynovitis which I had surgery for in service. I also have 1 remand issue which is for increase in rating for the scar from that same surgery. Honestly I am just so confused at this point over everything. The VA.gov website says that if my granted issues lead to increase in disability I should see that reflected in 1 to 2 months while the remand is estimated to take 16 to 29 months. The remand instructions said they need to do another exam on scar because the other one wasn't proper and the RO didn't take into account all my VA medical records. The BVA person I spoke to, my Rep and 80% of the Peggy's I've talked to said that my remand and granted issues should be worked separately. They used to be able to see my granted issues separately from the remand but now when I call they only see remand in system and assume they are being worked together. -
Do I need new C&P exam?
Backpay replied to Backpay's question in Veterans Compensation & Pension Exams
Are they even doing those exams right now during covid-19? -
Do I need new C&P exam?
Backpay replied to Backpay's question in Veterans Compensation & Pension Exams
I was granted connection just waiting for RO to do rating and all that. Reason why I asked is because my Rep said that if they didn't do another exam he was going to automatically appeal rating because it's been so long. That said after reading other BVA decisions I found a case that matches me pretty close except I have more documented issues so I think I should get 10%. Problem is the original examiner said I didn't complain of flare-ups which I certainly did and are well documented in medical records. -
If my last C&P exam was 6 years ago when they denied my claim and BVA granted me service connection will I need a new exam before they can rate it properly or will they use the old exam information?
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Spoke with Peggy twice today and both don't see my granted issues and only see my one remanded issue. I spoke with BVA after and they confirmed they only see the remanded issue as well. I was told a few weeks ago that my granted issues had a decision made at RO and waiting for final sign off. Does that mean decision has been finalized and letter should be going out any day? Also is it true that to assign a rating the RO needs a C&P exam no longer than a year old?