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Gastone
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Posts posted by Gastone
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12 years, DIY or POA-VSO assisted filing? Who's been doing the followup? Any Claims postings and VA Decision Letters that you could redact and post?
The work done on your home, was it the result of the HISA Grant administered thru your VMC Prosthetics Dept? Have you or your Rep been able to determine who drooped the Ball?
Are you using a family member or private Company for in-home care, makes a difference?
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Maybe, but don't hold your breath. There are some very sharp pencils in D.C.
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ML16, 8 Hadit pages later and how many Claims Denial years now, it's time to lawyer Up. VA Lawyers costs range from 20 to 30% of Retro, then there's the Pro Bono Vet Legal Consortium out of DC. At this point, you're well past the DIY Appeal stage, with or without VSO Assistance.
Have you approached at least (3) VA Lawyers (at least One Local) for a FREE Consult? In your estimate, if everything you're fighting for was reversed and Awarded, what's the Ballpark figure on RETRO?
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While you're doing all of the above, consider this, are you really qualified to handle this Writ Filing?
Take a look at VA Lawyer, Hadit member, Chris Attig's article on Filing a Writ of Mandamus. Now things may have changed since he wrote the article, but this isn't the time for a Crap Shoot. He opined that the CAVC only grants a "Handful of Writ Requests" and careful consideration by you or your Rep in preparing the Writ is essential. No thoughts or feelings, and all other RO and BVA avenues must be exhausted.
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Assuming is never wise. I could be wrong, your Decision Letter will certainly address the issue of a Clawback it required. When a Vet receives a notification of Intent to Reduce and files a Timely NOD within the (60 days) Appeal Period, the Monthly Comp Amount continues until final Adjudication of the Appeal. You'll know for certain, soon enough.
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Maybe, you just need to take a few deep breaths and relax. Your VA Lawyer doesn't have the Decision yet, probably isn't anything you can do. Wringing your hands over something you have no control over, is counterproductive. You actually have a VA MH DX of Dementia? Just my opinion now, but I think you need and will receive a VA Fiduciary Appointment, regardless of the outcome of this Appeal. Is your TBI and PTSD SC'd, what percentages?
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Transcripts would be Secondary, what about the BVA Decision? If you had POA-VSO Representation at the BVA RO Hearing, that Rep should be of great assistance, but then again maybe not. Don't you have an RO Homeless social Worker? He/she might have some RO Rating Dept contacts that track everything down. Forget about the Judge being "Nice," you or anybody with you, have an opinion as to how the Judge was leaning Decision wise? Any discussions regarding the need for Remands?
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Of more concern right now, should be your preparation for the reduction in monthly SC Compensation and how the VA proposes to recoup the Overpayments made from the date of the original Intent to Reduce, that you Appealed. The very last pages of the Reduction Letter will contain what Appeal Rights you have.
Is this Reduction Appealable, quite possibly? Your 1st stop should be getting with a POA-VSO, A Vet Claims Agent (VA Lists Claims Agents by States/Cities) or even possibly a LOCAL VA Appeals Lawyer. Any POA-Representative can directly access your C-File to see how things went South.
Hadit members generally need redacted copies of actual VA Rating Dept Decisions to determine a Vets actual problem and the best course of action. All the Vet's emotional thoughts and feelings have nothing to do with Claims/Appeals adjudication, it's all about the Facts and Evidence.
If you haven't already done so, File a VA C-File FOIA Request. You'll definitely need a Searchable CD Copy of your C-File for your future Appeal. Stop in at your VMC Med Record Dept and request a CD of his complete VMC Medical record. Whoever assists you with your Appeal will need these.
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Error on the safe side. If you haven't recently provided a 21-4142a, fill one out to the best of your ability and submit via E-Ben or US Mail Cert Return Signature. Better Safe than sorry.
Post the specifics of this recent Claim and any redacted Notifications you've received.
Are you Scheduler CSC 100% or are you 90%-- with an IU Award?
- broncovet, Vync and burnedoutvet
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Still no VA Lawyer? At 70+, the clock is not his friend.
You may have already posted his BVA Docket Number, or not. It would help get a better handle on his remand situation.
I doubt there is anything you can do at this point, other than attend any Remand C & Ps that you are notified about.
Hindsight, Monday Quarterbacking, as I recall AskNod wrote about not letting your BVA Appeal go back to the RO for another crack at Denying you again. In your case, that boat has sailed. Find a VA Lawyer for a set down, just to see what they might be able to do. You have nothing to lose, but time and maybe 20% of a possible Retro Award. If you get another Denial, you're heading to the CAVC. If a VA Lawyer isn't interested, you're SOL and have to finish the ride with your VSO.
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No (2) BVA Appeals are the same. Do what all inquisitive minds have done, research BVA Decisions listed for 2015,16,17 and 2018. Get back with us with your conclusions.
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Is the single SC 100% for NHL Temporary, or T & P No Future Exams Scheduled?
The Scheduler 100% (1) condition should be accompanied by an SMC S (1) Award (1 or more SCs with a separate CSC of 60%), about $342 per month.
Prior to the 100% SC, were you CSC 90% collecting IU 100% Comp?
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R1954, take another look at Bronc, Buck's and T-hawk's above posts. If the SC hasn't been held for "5" FIVE YEARS it's fair game for a Reduction Proposal. Either a Rating Dept's "Diary Dated" C-File re-exam or the Vet filing for a New Claim during the FIVE Years could trigger the Reduction Letter. An actual C & P Exam or recent VMC Clinician Treatment Notes indicating improvement is all that would be necessary.
A Vet has only 60 Days to NOD the Reduction Intent Letter.
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Then there's this to consider, be proactive, do not maintain a Joint Direct Deposit account with your Spouse or anyone else. If a Fiduciary gets appointed, the account (all money in it) goes into lockdown and can only be accessed by your Fiduciary.
If you don't have one, signup with a POA-VSO and be ready to Appeal the Appointment. Definitely not a time to procrastinate.
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You're waiting on a BVA Hearing, sure wish you would have said so, 5 pages ago. You're 70% CSC with a 50% Depression SC that got you an IU T & P award back in 11/2013, so says your above post. What exactly is your BVA Appeal issue, just the PTSD Rating?
Have you talked to a VA Lawyer regarding the possible staged Retro you would get if you were to get a PTSD Remand and subsequent Rating of 50%? I think nada, your 50% Depression would not be separate from the PTSD Rating. Nehmer Claims have nothing to do with PTSD Claims, strictly Nam AO Exposure.
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For VA Rating purposes, the ONLY Valid PTSD EXAM and Diagnosis, it that which is performed by a VA C & P Forensic Psychiatrist or Psychologist Ph.D. during a PTSD C & P Exam. Private and VMC HM Dept none Forensic PTSD Exams by Psychiatrist/Psychologists Ph. D., DO NOT TRUMP the PTSD C & P DBQ.
Do you have copies of your PTSD C & Ps from your previous denials? The 1st should have been based on the DSM IV, which change to the DSM V around 2012/13. What was your GFA score on your 1st PTSD DBQ?
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By now you've had multiple VA forensic PTSD C & P Exams, each providing a PTSD DBQ to the respective RO Raters. Could you post redacted copies of the PTSD DBQs?
Have you filed a VA C-File FOIA? Found anything interesting that would support your PTSD contention? Having a Depression DX, Major/Minor, in and of itself does not guarantee a PTSD Award. Apparently, the Rater's have had a problem with your claimed Stressors.
Problems with an IU Award can be addressed by a VA Vocational Rehabilitation Dept "Denial Of Program" Letter written by a VRC addressing how your SCs preclude you currently from a successful completion of the Program. Takes the "Sedentary Factor Denial" off the table.
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You're going to get a Pulmonary C & P. Take some time, attach the VMC Treatment Notes to your FDC Increase.
Todays the 28, Start the FDC on your E-Ben Site today, why lose a month of 100% Comp Retro by dragging your feet and not getting the Claim Filed by your VSO after 06/01.
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Do you have a VMC or Private "Clinician Treatment Note" discussing which specific SC'd condition or Medication is the probable cause of your ED?
Start the ED Secondary FDC on your E-Ben site today, attach your Evidence, then hit the Submit Button. Even if you're sure the VA has everything, I'd still attach most recent ED Treatment & Nexus Evidence.
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Each pair of "BL" SC's are combined using VA Math then the 10% Factor is applied. If you have 2+ "BL" SCs, each pair's separate CSC is calculated before computing the Vet's actual CSC.
Your Rating Letter will address exactly which SCs received the BL 10% Factor. Post a redacted copy when you have time.
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What is your CUE Claim theory? Thoughts and Feelings aren't supportive Evidence of a CUE.
Could you be more specific? How about laying out your CUE Review or Appeal to us?
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Call the VSOs Tuesday, doesn't sound like you should go it alone.
Official DRO Hearings are Sworn, Recorded and Transcribed. You do have an option to request an "Informal Hearing." No Swearing in, non-recorded or Transcribed. It depends on how articulate you believe yourself to be in presenting your Appealed Issues and the Proofs (Evidence Supporting your Position).
Keep in mind, you can't rely on "Old Evidence of Record" that was already in the possession of the VA Rater that denied your Claim. DRO Reviews and Hearings requirements mandate that the Vet supply post Denial decision N & M Evidence to the Rating Dept DRO. Failure to do so will result in an Administrative Denial of your Appeal.
With the "Informal Hearing," the DRO will discuss the quality of your N & M E and you could get an Award Decision immediately or a postponement to gather whatever Evidence the DRO Specifically requests. With the Formal Sworn Hearing, you or your Rep will present your case, the DRO may or may not ask some probing questions, then the wait begins. The DRO's Decision could take another 7+ months and up to a year for the Transcription of the Hearing to be available.
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You have (2) "Bilateral Factor" calculations, Hips and shins, I came up with a CSC of 85.667 rounded to 90% CSC. An Increase or New SC that would result in the CSC bump (9.333) from the 85.667 to 95, rounded to 100% CSC will be very difficult. Start thinking IU.
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You don't want to tell the DRO the N & M Evidence is in your VMC Med Records, he should access and read at the Hearing, it's up to you to "FURNISH" the N 7 M Evidence. Would be wise to start making copies to present or you could be looking at a DRO Administrative Denial.
What was the Date of your original Denial Letter and subsequent NOD Filing? Have you sent any N & M Evidence in at all?
How many years does it take the BVA to render a decision after hearing?
in VA Disability Claims Research
Posted
Next, for your continuing reading Pleasure, see VA Lawyer, Hadit Member Chris Attig's interview (2014?) with a Sr. BVA Judge discussing the intricacies of the BVA Hearing procedures up to and including the Final Sr Judge Decision.
Most Vets think the Hearing Judge is the Final Decision Maker. My take from the interview was, in all actuality, Hearing Judges for the most part, are BVA Law Clerks that make sure all the EOR and/or N & M Evidence has been addressed, Remanded to RO if Necessary if any Legal Steps were missed or further C & P's have been determined to be necessary. Baring the Remand, the Hearing Judge after being sure all the Legal I's and T's are handled, forwards the Appeal along with his recommendation to the Sr BVA Judge.
If your recent review of 15-16-17 and 18 BVA Decisions indicate a 4 month span from Hearing to Decision, that's not too shabby. Did Denials and Awards/Remand Decisions take the same 4 months?