ShrekTheTank

Thank you! I do hate this part lol. So close but so far away!

Dear Appellant, Your appeal at the Board of Veterans’ Appeals continues to be in Hearing to be Rescheduled / Privacy Act Pending status. We must work cases in the order in which your VA Form 9 substantive appeal (for Legacy) or VA Form 10182 (for AMA) was received and we will update you with any progress. Can I call the BVA about this and see what is going on? Or is this something the VSO requested?

I won the Remand back in 2020. The issue is the rater went with the new C&P exam as the date of the benfits starting. My lawyer finished the CAVC remand then put in for this and let me go to finish it. I then joined back to the VFW as they will not have you if you have a lawyer. So now the BVA got the appeal back on June 03 2021 and we are at a year and half now. So now it looks like the VSO is writing a letter to help the case, which could be good. So I also woke up to this

yha year and a half on an EED claim back from the CAVC

Your appeal at the Board of Veterans’ Appeals continues to be in VSO IHP Pending status. We must work cases in the order in which your VA Form 9 substantive appeal (for Legacy) or VA Form 10182 (for AMA) was received and we will update you with any progress. I got an email from the BVA today. What does this mean???

They can put weight where they want it and give their reasoning. This is why we have the BVA and the CAVC to fight these issues.

I think for rating it is just easier. You can go any route you want, but the VA is the only one that can say yes you have PTSD or you do not. A private doctor can't tell the VA if you have it or not. They can give syptoms and what they think is the issue, but your C&P at the VA will make that determination. The issue a lot Vets have is the VA loves to lowball PTSD right off the bat. Since you have a good papertrail, your VSO might think this is a good idea and he could be right. If you have it laid out and are not holding anything back, then you will be good. You might need to fight it for a while, but you will get there!

They need to have some sort of evidence or something in your record or your C&P exam that the PA or the Doc said that they are going with. You will need to find out what it is. You will have to see what the Senior person looking at this decides is more credible and or the logic applied.

Ok so a few issues here. You normally have some time to submit new evidence even far after the C&P exams. Do you have a PTSD rating? I do not see a percentage and if you did then you would already be 100% While it does help to have those all done, but as long as you did not file a Fully Developed claim you are good for a bit. They will also help you get those records if you tell them where to get them. Are you sure you have an intent to file that is separate from the claim your VSO put in? If so, that is good. If you are looking for a rating, it really depends on how bad your conditions are. If you are wanting to know if you will be at 100%? IF you get service connected for those then yes you could be looking at that. Are you working? If not, you should already be going for TDUI. If you are eligible for TDUI and get it, then you should be going for SMC if you qualify for that. Also, LHI does move that fast. The issue here is the time the VA takes to do it.

They will never come and just offer it. You must file a claim for them to come and look at it. I would say you need to see if you want to go after SMC level pay if you feel you qualify for it. If you have conditions they would not rate back then, then I am sure you should put in for it. Make sure you highlight in the records if you were seen for it and when you were seen for it. Not sure they will do anything with it, but it worth showing them and having a record of it.

You can call them all you want, but at the end of the day until you have the paperwork in hand. There is no real way to know what they decided to do. You are right it could go either way. If they denied it, they would have to have some else look it over and sign it off. Just wait for the paperwork to come in. the more you call you will get people to see what they can, but no one you talk to will know what you are looking for.

FYI mine is just a normal BVA remand

So, I am 7 days from a year and a half. I have heard they are taking this long, and this is what was told to someone who did some digging back in July. I am hoping to hear something soon, but who knows.

Congrats!

You could be right, but I am not sure you can upload directly to the BVA. I know if use https://www.va.gov/disability/upload-supporting-evidence/ they will get it. As I have sent it and then called them to verify they got it and they did. I also Faxed it and I mailed it to make sure they got it. I know this was overkill, but it did work. I know you can go to your local VSO and have them fax it for free and get a verification. Board of Veterans’ Appeals P.O. Box 27063 Washington, DC 20038 FAX: 1-844-678-8979 (Toll Free) Use Ask VA for a status report on your appeal before the Board. In your submission, please be sure to include your name, file number, and specific request. Please note that we respond to submissions in the order in which they are received. We may request additional information to verify identity in order to protect the privacy of our Veterans.

This is horrible.

That sucks. I had this problem, and I asked the VA for a doctor that just looked over my meds. We now meet every 6 months and in the beginning was checking every month to make sure everything was right. I would contact the VA and tell them you need help with your meds, and you need a specialist to make sure you are getting what you need when you need it. Keep on them until you get what you need. Also, the VA hates it when you ask for a new doctor, and you state because your doctor was not giving you the care you needed.

I am not seeing any issue with your account

you will need to wait for the paperwork to come in. There is no way of telling what it will be until you get you SOC. Why did they move it to 90%

I am not saying they always assign it correctly, but this is how they SHOULD rate it. I have a CPAP so they gave me 50%.

Per 38 C.F.R. § 4.97-13, Code 6847, the ratings for obstructive, central, or mixed sleep apnea are as follows: 100 percent rating for “chronic respiratory failure with carbon dioxide retention or cor pulmonare, or; requires tracheostomy.” 50 percent rating requires the “use of a breathing assistance device such as” a CPAP machine. 30 percent rating requires “persistent day-time hypersomnolence.” 0 percent rating for asymptomatic sleep apnea with “documented sleep disorder breathing.”

Well then you have to show them how bad it is

Have you found a condition that better fits?

I had to do the same thing with my disease as they had only rated it a few times. They had no place for it and so I had to guide them to where it fit the best. I made an arguement and it worked. It fit the syptoms and thus they went with it and sent it from 0% to 10% to 30% to 60% now. It was a long fight but worth it!

They will always try to lowball you. This is just my experience. But now that you have a rating it does get a bit easier.