pacmanx1

Let’s not miss the fact that the regional office has some say in misleading or misdirecting the C & P examiners. I say this because I filed a simple claim for an earlier effective date of an already service-connected disability. Instead of requesting an onset/beginning date of my disability, the regional office requested and updated status of my current disability stating that I filed a claim for an increase in rating. This was a flat out lie because when my claim was granted/awarded, I was given the maximum rating allowed. There was no way I would file for an increase because there is none. When I went to my exam, I asked the examiner why I was there and what was the exam for. (I know I got lucky) but the examiner explained that I filed a claim for an increase in my rating percentage and I explained to the examiner that I filed a claim for an earlier effective date and my current rating was well over ten years. I told the examiner that I found VAMC medical records of a diagnosis and treatment records that prove that I should have been granted/awarded an earlier effective date, but the regional office failed to review my entire records. Even my original C & P exam stated that my original diagnosis date was years before the regional office assigned my current effective date. The medical examiner then wrote a favorable medical opinion listing my correct effective/onset date and the regional office completely ignored her opinion and refused to even consider my original VAMC medical records.

I would say that it depends on whether the 10% increase actually changes your overall combined rating. We all know of VA’s funny math, the higher your ratings to a 100% combined rating, the harder it is to get an increase in benefits. Example: Using VA’s math, a 70% + a 10% = a 73% and then the VA rounds down to an overall combined 70% and then there would be no actual retroactive or back pay. But on the flip side of the coin, a 40% + a 10% = a 46% and then the VA would round up to an overall combined 50% rating. Then the retroactive or back pay would be the difference between the 40% and the 50% for the time pending claim/appeal period. Also, if the VA grants you a 0% service-connected rating there would be no retroactive or back payment due because even though you were granted a 0% increase, your combined rating did not change, and no benefits would change.

I would say typically about 60 days or less but that really depends on how complex your issues are but more like around 30 days or less. It is kind of hard to say. Just keep in mind that even if the Judge grants your appeal, it still has to be returned to the regional office to implement the award and that could take some time. The implementation could be as fast as 30 days, and some could take up to a year. Remands are a nightmare because they move kind of slow.

You should file a reopen claim based on new and material or relevant evidence under 38 CFR 3.156. Once the VA grants your claim, if they don’t award the earlier effective date then file an appeal and request it. If the VA denies your claim, then file an appeal. Try to get the service connected first then go for the earlier effective date. It is probably best to file for depression and let the VA (NAME) and determine if it should be primary or secondary service connected. Try not to limit your claim or shoot for the wrong diagnosis. The Caluza Elements are 1. An in-service accident, incident or event, 2. A current diagnosis, and 3. A nexus or link that connects 1. and 2. eCFR :: 38 CFR 3.156 -- New evidence.

I think it is about a little more than $440 above the 100% schedular rate. If I am off, I am quite sure someone will correct me.

https://www.bva.va.gov/images/appeals/ama-appeals-small.jpg https://www.bva.va.gov/images/appeals/ama-appeals-small.jpg What a big fat lie, using the OP (Original Posters) post we can prove that the VA is lying. The BVA received his disagreement on or around January 11, 2022, and today is August 25, 2024. “The Average Days to Complete (ADC) an AMA appeal is measured as the average number of days between the date the notice of disagreement (NOD) is received by the Board and the decision (dispatch) date.” The total number of days are 958 calendar days and 651 business days leaving out 307 weekend days and Holidays. So, they state the average timeliness goal is 365 days and project that the average time is 314 days for Direct Review Appeals. FlyborLeroy, is sitting right at 958 days and mine is well over 1000 days. Please explain where I am off or what am I missing about this projected Decision Wait Time. We all know that the VA can’t count using their rating table but using their decision wait time seems to be using the VA’s funny math too. Just to make it plain a year or 365 days x 3 = 1095 days and there is no way the VA is telling the truth if veterans are hitting anywhere over 365 days x 2 = 730 days which seems to be the normal for some veterans. It may even be coming down but there is no way the VA is hitting their projected timeliness of 365 days with an actual target of 314 days. FlyboyLeroy, I did not mean to mess up your thread but wanted to put out that the VA is still not telling the truth in accurately posting a timeline that veterans could actually follow and count on.

Can’t speak for anyone else but the BVA just started my review this month and I am closer to three years then you are, but it seems that VA is now moving forward with the direct review appeals. The last time I contacted the National Call Center, I was told even though the va.gov website states that a direct review should be completed, less than 365 days, that the website does not make any sense because direct review appeals are taking close to three years and even though you are five months away there are still some veteran’s direct review appeals that have been waiting longer. If our direct review appeals are taking three years who knows how long or could guess how long a with evidence review and or a hearing review would take. I know for me it was well over 1000 days before the BVA assigned my appeal to the VLJ. It has been several weeks and all I was asking for was an earlier effective date (EED) that had supporting documents from a VA contractor C & P examiner’s opinion, including VAMC Medical records. I will most likely hit the three-year mark before my decision is made. Since this is the end of the VA's fiscal year, the BVA may try to get the older appeals out before the new year begins in October. I will post and let you know if I hear something.

Thanks, very interesting.

First time going through this process and unfamiliar with it. My appeal has one private IMO, one VA contractor's IMO and one BVA Judge decision that my condition precludes employment but not sure what are the steps of the Director of Compensation does or will do? Was informed that they may deny my appeal and send it back to the Board (BVA) and let them make the decision which would only cause more time in the waiting game. This is the final leg or part of my last legacy claim/appeal. Seems they can't figure out my SMC-S. Any insight on the Director of Compensation and Services?

Based on what you just posted this still does not raise the issue of a CUE. Keep in mind that the veteran loses his/her benefit of doubt when claiming a CUE. The bottom line is you missed a C & P exam, and the VA will not accept this as a CUE. My suggestion and you do not have to take it is file a new claim and get it service connected or if you are already service connected for this issue then file a claim for an Earlier Effective Date (EED). In my experience the VA will of course deny your claim and you will have to appeal to the Board of Veteran Appeals (BVA), and you may even have to appeal to the Court of Appeals for Veterans Claims (CAVC). The VA will not want to give up that much retro (back pay) and they will fight you all the way to the courts.

Yes, they have the authority but that does not mean they will use it or even consider your response.

I am all for every veteran getting their proper or earned benefits but once again it is the government biting off more than they can chew and swallow. It simply means that more claims would either have to be reviewed or filed and the VA can't handle what is already on their plate. So, with these new changes will they take priority over the current claims and appeals that been in the system?

Not trying to speak for Broken but I think SMs stands for "Service Members".

Let’s keep in mind that veterans/claimants can claim just about anything, but it boils down to getting a medical opinion with a good medical rationale and then the VA process and adjudicate the claim. No medical professional is going to take a risk on losing their license and or reputation in fraudulently saying that an individual has a disability, and they don’t. Of course, people do lie but the problem with lying is that the individual would have to continue to lie and remember exactly the lie they stated or claimed in writing. We all should agree that it does not pay to lie. This post is going nowhere and if anyone feels that someone made a fraudulent claim then they should report it and let it go. Just keep in mind that when you report someone or something that the investigators will also likely investigate the reason of the report. Sometimes we know a little too much and sometimes we don’t know enough. If you are not listed as a witness, then you can speculate as much as you like but the bottom line is that the rater and or adjudicators and or investigators made the decision, and it should be left alone. It is one thing of claiming someone committed fraud it is something totally different to prove it. Proving fraud is typically done in some type of court case and as we have absolutely no idea if this individual has committed a crime or even been charged with a crime it should be left alone and or to the authorities.

Most veterans that suffer from chronic illness and or pain should also file a claim for depression. His RVN TERA exposure could also be considered as some form of depression. Has mental health treated him, or you can request from his PCP (primary Care Provider) that he be seen and evaluated? Going to mental health does not mean he is crazy; it simply means that he has been through and seen things that could cause him depression.