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Freedom101
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Posts posted by Freedom101
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On 12/30/2023 at 10:40 PM, FlyboyLeRoy said:
Submitted a BVA direct review 1-11-22. They advertise "average wait time" of one year. In about 2 weeks, I'll be at two years. It has said waiting for a judge to review this whole time. Recently I was told by a VSO that they are just starting 09-2019 appeals. Any one have any insight or personal experience? Thanks.
I filed in 10/2020 and mine was just assigned to a judge last week. My attorney told me that once assigned to a judge it is any day now for results.
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On 4/14/2023 at 8:12 AM, Vync said:
The military helped us understand "Hurry up and wait", but the delays we endure takes it to the next level. If you are in a hardship situation or terminally ill, you can ask the VA to advance your appeal in line.
Was just notified my attorney that now it looks like the 3 yr mark. It just keeps going up. When I started she sd 6 months max now I think that it might just hit the 4 yrs. Pretty much its just the Legacy just re-named.
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On 3/23/2023 at 9:31 AM, Stayfocus said:
Just wanted to follow up. Currently sitting at 2 yrs and 7 months, have you had any movement? Mine is still pending and now they are telling me possibly 3 yrs to 3 1/2 yrs to finalize.
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20 hours ago, Stayfocus said:
What number are you calling?
1800-923-8387
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10 minutes ago, shrekthetank1 said:
No. This is a BVA to CAVC back to a BVA now. Has been going on since 2014.
My 10 year anniversay is next year
Crazy, well good luck.
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1 minute ago, shrekthetank1 said:
No but I have gotten some movement as I had a Video conference that I never wanted removed. I had to FAX the VA to ge them to stop trying to reschedule it. So it should be nearing the judge, I hope!
So you are not doing a DRO Review?
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1 minute ago, shrekthetank1 said:
This is crazy how slow they are. I mean for mine I just need an EED. should take and hour to look at it and say yep they messed up and fix it. So it is just nuts.
Mine is a simple EED adjustment as well. I appealed correctly for 4 yrs and they made my effective date as the day of my grant not even my last filing date. Total BS
So yours is not done yet?
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5 minutes ago, shrekthetank1 said:
I would be making some inquiries. Find out what is taking so long. Make sure they put the correct date on it. I have heard of that causing issues. 2+ years is a very long time even for the BVA.
I call the BVA directly every week and they confirm that it correct date and still in que. I have had 2 Congressional inquiries as well and still nothing. They told me a few weeks back that the backlog and with them doing 80/20 % Legacy to AMA claims that it still a while to get done. Total BS.
From what I see in the BVA decisions and CAVC docket because the Texas ( where I am at ) Judges are processing super slow.
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On 10/27/2022 at 9:50 AM, Stayfocus said:
The 24 month wait time for bva direct review, is that from appeal docket number?
I am 515 days into a direct review for eed, still waiting to be assigned to a judge.
Can you share where you got that timeframe.
I am currently at 28 months, 859 days. Waiting to be sent to a judge for review currently.
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2 hours ago, spirit_grt said:
Where do you find that info?
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20 hours ago, spirit_grt said:
Just one. No remand, hasn't got that far.
It seems to be Texas Judges and Regional Office moving slow. I see on the dockets that many other states are moving fast but for some reason Texas is taking the longest.
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On 1/19/2023 at 5:01 PM, spirit_grt said:
Still waiting to be assigned to a judge.
Wow, did you file many claims? Did they have to remand any of your claim? Mine is just for an effective date issue.
On 4/23/2021 at 12:45 PM, andrewdc said:Our appeal was filed 2/20 and it’s still pending judge review
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On 4/23/2021 at 12:45 PM, andrewdc said:
Our appeal was filed 2/20 and it’s still pending judge review
Did yours get to a judge yet? If it did when was it sent and what is the current status?
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On 4/22/2021 at 2:18 PM, spirit_grt said:
How long did it take to get in front of the judge? Mine was filed 12/2019 and still says waiting for judge assignment.
Did yours get finalized? Mine has been waiting since Oct 2020
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16 minutes ago, Stayfocus said:
How many issues are you appealing?
Do you have an attorney?
I am appealing my effective date on my 100% because I appealed correctly for 4 years and they just made my effective date the day I was granted. My attorney sd they do that in hopes that some would just say ok and not try to get the backpay.
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13 hours ago, Stayfocus said:
I’m 515 into a direct review. Still waiting to be assigned to a judge.
So much for the 365 day timeframe.
Hardship, and veterans 75 years an older go ahead of the line regardless of docket number.
Fortunately, I don’t meet those 2 categories.
It’s not right, some veterans pass away while waiting for a final decision.
I am 754 days in Direct Review and still waiting to be assigned to a judge as well.
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Thank you, crazy mine just says Received 10/02/2020 and Waiting! Everything I see on decisions and dockets show that they are all over October from last month but just still not being assigned. Mine is just for a simple fix on an effective date
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I actually filed on the same day as you and mine is still "Waiting to be sent to a Judge"! Did you file for an advance on docket? Has yours been completed yet?
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On 4/3/2019 at 7:36 PM, Scatback said:
Hi Everyone I've learned so much from this site over the past 5 years. I was granted service connection for PTSD (02/28/2019) and I am in the same boat. My effective date is the date of my last C&P (01/31/2019) even though I had a diagnosis from a private doc from and never let my claim close. I just filed an appeal using the higher level review lane (03/28/2019) so I will try and post my timeline and eventual outcome.
How did your appeal go?
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On 3/18/2019 at 7:42 PM, vetquest said:
What you are looking at is an appeal for EED. If your case was before BVA there is not much chance of winning. If your case was at the RO I would appeal to the BVA. I will go out on a limb and say what the VA is stating is that your disability could not be verified until the date of your last C&P. They did this to me on a claim for PTSD and I won on appeal to the BVA.
They can and do use this to avoid paying backpay when a claim has taken a considerable amount of time for them to get their act together. It should not be right that they use the date of your last C&P and they can get away with this if you let them.
I am going through the same thing as well. I was diagnosed in 2016 with my Pyshc who forced me to file a claim. During the C&P she said I had alcohol dependency in 2017 and was denied. I have appealed in time every time. In March 2020 I reappealed to HLR and was bumped to 70% but they put my effective date as 9/2020. My rep put in the Appeal for effective date last week and was just loaded today with BVA. I figured minimum they would have given me from the last March 2020 appeal date but they screwed me again.
How long is the process with BVA for just an effective date issue?
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Just now, Fat said:
I would appeal the issue.
It seems the effective date is the date PTSD was formally diagnosed.
However; I would attempt to show symptoms of PTSD or PTSD like behavior earlier.
Did you have any diagnosis before Sept 2020?
Exactly what happened. Yes, my mental VA doc is the one who told me to file for PTSD before the 9/2017 original filing. I also got diagnosed in 2006 a month after ETS but never filed anything. In total I have been diagnosed 4 times with PTSD. The problem is that on my C&P Exam on my original appeal in 2019 the VES exam person diagnosed me with a Drinking Disorder and they ran with it.
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I filed for PTSD 9/2017 and battling the VA and today I received my 70% PTSD bringing my total to 80%! I have filed every appeal on time after being denied and for some reason they made my effective date for 9/2020 on the day that I had my C&P Exam. My rep is telling me that they rated me at 0% from 9/2017 til 9/2020 and 70% after 9/2020 and now we must appeal the date again.
Is the appeals process last long as the regular appeal time and what are the odds that they actually correct the issue at the end of this?
Thanks for your help in advance.
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21 hours ago, GBArmy said:
Freedom101 It is in queue and it really is going to depend on how long it get before some one picks it up. The virus still has severely messed up the VA in a lot of areas. That said, I think it should be within a couple more weeks, but no one really can predict. Depending on the amount of back pay, that also slows down big dollar settlements. Check your "letters" section on VA.gov. Sometimes there is a change in your ratings or other hints on the grant.
Thank you, that makes sense as this appeal has gone through for 3 years already so the back pay is going to be alot. My attorney said 2 weeks on what she has seen but we will see. I will update once I get any news.
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7 hours ago, GBArmy said:
Flyboy7991 The 4-5 is as accurate as the Presidential polls. I have already gotten a new C&P scheduled in less than 30 days. My gut feeling is it will go pretty quickly after my exam. $-5 months is just to cover IMHO.
@Kuwaitin08with my error they ordered 2 new C&P Exams with came back very favorable per my rep and that happened 3 weeks ago. My new claim was closed and approved within 1 week but these 2 appeals are not changing. WTH
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Any update on yours? 10/02/2020 was my file date and 02/26/2024 it was finally assigned to a judge so hopefully anytime now.