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Found 62 results

  1. After the denial of my PTSD claim, I received a poorly written canned form letter, hap haphazardly pointing to all the reasons for the denial. Some of the reasons were used several times in the same letter, as if it had but cut and pasted from some master document of denial reasons. The letter contained numerous errors, eg; No sudden request duty assignment change, lay statements from family, service members, deterioration on work performance, behavioral changes, excessive leave, changes in your performance without explanation ...bla bla bla. Well, that's total BS, I provided detailed statements from my wife, father, mother, daughters and the Lt. Colonel of the unit I was assigned to during the assault, all detailing deterioration my work performance, behavioral changes, I provided documentation that I applied had for and was rejected a transfer to another unit, and also applied for and was approved for terminal leave. However, the letter did clearly state, "VA evidence shows a medical diagnosis of of PTSD, pursuant to the criteria in DSM-V." Anyway, I thought it may be helpful to get a hold of my C-File regarding the claim to review what was actually considered rather than what the denial form letter stated. I thought by doing so, this would allow me to better address those points and any other incorrect information in the original decision that could potentially be used in developing my appeal. I submitted the FOIA request about ten months ago, and it remains in the collection evidence stage with a completion estimated date of over a year. Interestingly, Ebenefits lists; "Requested Documents are Past Due". After contacting "Peggy, this is not actually the case and they were not missing anything regarding my FOIA request. Is it normal for this FOIA request process take so long? Thank you
  2. so my question is about time frame of appeal status. i understand that you have 1 year from decision to file a NOD. Please follow chronology: Nov. 2009 STRs are found after 5 years and initial grant of SC Awarded. February 2010 Boston Varo gets letter that Vet no longer lives at address on file please send to San Diego VARO. March 2010 San Diego VARO sets up a C + P for increase of the New Awarded SC. September 2010 Decision mailed and vet replied/sent NOD. December 2010 San Diego VARO sends letter saying that because of records recent found they are going to do an in house dro. Aug 2011 denied. Aug 2011 vet sends another nod with new and material evidence. Feb 2012 Varo sends denial again and says they are denying a reopend claim.... no mention of my appeal status may 2012 Vet asks for clarification and sends another nod. may 2013 Varo sends denial of reopend claim again and no mention of it being on appeal. Sept 2013 Form 9 is Signed and off to the BVA Aug 2017 BVA decision. so, was i always in appeal status or ?
  3. I filed a NOD for being granted 0% for a foot condition on 3/07/2017 and opted to not have a disposition instead I provided medical evidence. I provided this evidence and was required to have a C&P exam. I went to this exam on 07/21/2017 and the doctor went through the DBQ. Today I check eBenifits to see that my appeal went from Appeal received to Appeal Pending - Statement of the Case (SOC) "VA has received your Form 9 and will begin completing final actions regarding your appeal before it is sent to the Board of Veterans’ Appeals." and I have now have an open claim that gives the status of Pending decision approval. I know SOCs are not always the best thing to get, am I getting denied again?
  4. Hello I filed for IU in 2014 and it was denied I received the SOC which stated they denied me due to form 21-8940 and the examiner stated my condition had gotten worse but on the DBQ for occupational and social impairment section checked off the symptoms of someone that would only be rated at 30%. I am rated at 70% for MDD. I wrote to the RO that the DBQ was inadequate and should not be used to rate my claim. I submitted the form 8940 & a doctor's note from my treating doctor stating my condition was at least likely due to my unemployability & other supporting evidence from employers. My question is I submitted the Form 9 before I gathered all of this evidence and it is still at the RO and they are reviewing the evidence. When I called the 800# for the status they said the status of the Form 9 was in Prep for decision phase/Ready to rate. Is this information correct? Does that mean that they are making a decision on the appeal? Or the IU claim? I'm kind of confused at this point.
  5. Hi everyone, I have two questions: I`m receiving a 20% compensation for hypertensive vascular disease (1) Recently received another decision by the VA and am curious about the wording of the decision in the last paragraph. What We Decided We made the following decision(s)........ We reviewed the evidence received and determined your service-connected condition(s) hasn't`t/haven`t increased in severity sufficiently to warrant a higher evaluation." NOTE: If you wish to claim service connection for an eye condition as secondary to your hypertension, please submit a claim on a standard form." I was wondering if the rating was trying to hint to a compensable eye injury that i could claim? (2) On another C&P, the NP filled out the DBQ and answered the question: 3. Renal dysfunction b. Does the Veteran have any signs or symptoms due to renal dysfunction? [X] Yes [ ] No If yes, check all that apply: [X] Proteinuria (albuminuria) [X] Constant c. Does the Veteran have hypertension and/or heart disease due to renal dysfunction or caused by any kidney condition? [ ] Yes [X] No In my VA treatment records there is evidence of 20% disability for hypertensive vascular disease, left ventricular hypertrophy, "Hypertension with nephropathy - poorly controlled." Am I interpreting the question incorrectly ( c. Does the Veteran have hypertension and/or heart disease due to renal dysfunction or caused by any kidney condition?) to mean: Is there other renal dysfunctions caused by CKD? And should the NP have checked "YES" to that question? Any feedback would be greatly appreciated.
  6. In July 2016, I filed for a disability claim. I have been out for over 20 years, it was not until I was refinancing my home last summer that I was told that I could still apply for disability compensation for my shoulder. So I waited over 20 years to make a claim. My military medical records show that I had a major shoulder surgery while on active duty. In October 2016, my claim was denied based on no service condition and not chronic. Prior to the denial, I was never offered an C&P exam. I timely appealed in January 2017. My appeal included a medical record to demonstrate the current disability and I requested a C&P exam. Today (June 2017 - about five months since my appeal was filed), ebenefits states that the status of my claim is "preparing for a decision." I know, that means I should get something in the mail soon enough, but the curiosity in me wants to know sooner versus later. Based on everything I have read on the boards, five months is too quick for any decision to be made by the VA appeals/DRO. (If it matters, I am in Phoenix). My question is a procedural question: If a C&P is ordered, would it be preparing for a decision before the actual exam? Does preparing for a decision automatically mean that the DRO/Appeal has been denied? Or does preparing for a decision reflect that a C&P is ordered? Follow up: If a C&P is ordered, does it stay in DRO or go back to regular claims track (which are supposed to be quicker?). Finally, how long after preparing for decision should I receive some notice from the VA? Can I call the VA and will they tell me what the status is?
  7. I have been reading here for a very long time and posted a few times as well. My question is I thought the BVA was the last step of my appeal. As many of you know I was wrong. Now here is where I (think) I am. BVA approved my claim I received a letter stating that fact. The BVA returned my claim to my state RO. Now the best I can tell is the RO has completed the rating and dating portion. Can someone tell me where is the next "approval" step takes place. I have an attorney and have been advised things are going well. Over ten years and I should have built some patents right? Oh no not me I recall every day of this, what ever it is, has taken. Each birthday, Christmas, New Years day, Thanksgiving day, and all of it. The fact that the day would be better if I could have closure with this issue. The money has nothing to do with it any more. I am use to being with out so much it matters not. Never thought I would have gotten to this point of numbness. I came here today to thank all of you here. The name of "here" has changed of coarse, but not the minded patriots that have formed an invaluable asset for people like myself. I came here many times just to gain hope when it was looking very dark.. So thank you all for your support over the years. I hope to be able to put my VA claim issue to rest. I may return here from time to time I hope so. One day maybe what I have been through will help someone. Again you the core of this asset thankyou is all I can say. sorry if I have rambled here. Bitter sweet comes to mind when I think I no longer will need what is so gracefully dispensed here for those of use in need. I almost forgot. Where has my claim gone? I have to do this. How long will it take before I get my final award? sorry lol Humbly yours
  8. Ok folks, In the midst of researching attorneys to replace my VSO, I got a call from the VSO who was working/not working on my claims. He wanted to get a few more details to work up his Form 646. After a week of speaking back and forth with him, he came to the conclusion that the VA had not reviewed several medical reports, including some of my active duty USAF medical records. (If the VSO would have woke up years ago, and saw that, maybe I would not have had to scream from the mountain tops for the past few years.) I know that it has been my fault all along though for keeping the VSO there. Meanwhile, I get a call from the Houston VARO, who wants to discuss a couple of my FOIA requests for the curriculum vitae of the C&P nurse practitioner and family practice doctor (who from a Google search is actually a Family Practice guy who specializes in collagen and beauty cream treatments in Florida.) They also wanted to discuss my FOIA request for the complete bloodwork lab results and x-ray reports from my last QTC C&P examination (with the collagen guy). The thing they wanted to "discuss" is that they can't seem to obtain the curriculum vitae for either medical practitioner, one from Veterans Evaluation Services and the other the QTC Collagen King. They also wanted to discuss that they can't seem to find the bloodwork lab results, nor the x-rays (and x-ray report), which were all done at the same QTC location near Fort Polk, Louisiana at the same time as the C&P, even though "some of the information" is actually described in the C&P report, which was half completed, with no "rationale" filled in, and excerpts of my time in the Army, although I have never served in the Army, and have always been USAF riff raff. Meanwhile, my VSO guy calls back and says that he will send me my Form 646, and recommended a DRO hearing, and that I request one in writing, so I did. I'm also still kicking myself for still riding this VSO wave, when I should have pulled the ripcord and hired an attorney early on as about 90% of you recommended (and I'm still looking into it). I send one to Janesville in writing. I wait. I wait. I wait. Then I take a chance and call the Houston VARO back and request an update on everything. They tell me they will call me back. I wait. I wait. Then, they do call back and let me know they are still having trouble retrieving records, but that they received my request for a DRO hearing, and that they will forward the request on, warning me that it could be a year or more, and that they are still having hearings from requests from cases filed in 2008. I tell them that I filed mine in 2010, but I'll keep riding the wave. While this is happening, I get a letter from the VA stating that they have addressed one outstanding NOD regarding my dependents, siding with me. So I go back to waiting on the DRO Hearing notice. I wait. I wait. I wait. Then I call back. They say that the hearing request has been submitted, but cautioned that the wait time is still tremendous, and that if I wanted to, I could let them know that I would waive the hearing, and they would get me back on track for the BVA certification, which is still forever away also. I thought it over for about 5 seconds, and said no, I think I'll stand by my DRO hearing request. They seemed disappointed, and once again cautioned it could take months to years. I said it's already been like six and a half, so let the dice keep rolling. We parted ways with them saying that they would let "them" know that I still wanted a hearing, and that I could call back in a few months to check out the status of the request. I said thanks, and they gave me the usual sigh and "Thank you for your service." Such a tender moment. Then three....yes, THREE days later, I get a letter from the VA stating that a VA DRO Hearing has been scheduled for June 6th. I called the MIA VSO to ask him about the hearing, and to see what I needed. He was surprised, pulled me up on the computer, and acknowledged that he saw it too, still surprised, and advised that I need to wear a tie and show up an hour early to visit with him. I plan to be there, and will bring my medical records (hopefully orderly), and see what happens. Any advice on what to do? What not to do? What a ride! Mark
  9. My appeal to the veterans court in Washington DC has recently been assigned to a panel for a decision. It was initially assigned to a judge now it's been ordered to a panel? What does this mean for my case? Will this now be much longer of a wait? Is it a good sign or a bad sign? Any insight would be greatly appreciated. Thanks Joe
  10. Hello, I am rated 70% for Major Depression Disorder. I filed for IU and was denied. I filed an appeal and chose a BVA hearing. I was recently sent a letter for a C&P exam. LOL....sorry a little ADD also lost my thought and forgot to return to finish the question. I did go to the exam they used it to deny me even though the examiner said my symptoms had worsened. I am currently in appeal. Thanks for the input:)
  11. My appeal to have my OSA service connected rating back dated to my original claim was completed in December. I've waited for the letter, but nothing. Just today I noticed that my effective date for the service connection on the OSA has actually been changed to 2004. I'm still waiting for the letter, but does that mean I'll receive back pay? I filed my initial claim two months after leaving active duty in 2004. The VA denied service connection because they did not have all of the information. I re-submitted for the OSA service connection, which they agreed was service connected but the effective date was 2014. I filed the appeal/NOD back in 2015 and it just now finished. Old effective date was 2014. New effective date is 2004. Will I get retro pay?
  12. I recently submitted a claim, 09/28/16, for IBS (presumptive to Gulf WAR) and dysthymic disorder. Had C&P exam on 11/16/16 and EBenifits shows Claim Complete on 12/24/16. Received BBE on 01/02/17 only addressing dysthymic disorder (Denied, not SC). There was no mention of IBS and it does not show up at all in my Ebenefits. I should note that C&P exam results clearly note my IBS and referenced my Gulf War Service. Called 1-800 # on 01/02/17 and was informed information on IBS was mailed on 12/21/16 and had to wait 10 days to request copy. Called 1800# yesterday and the woman informed me that I was given incorrect information about the IBS decision being mailed on 12/21/16. She then went into what I will describe as a more technical mode, informing me that she was a VA employee authorized to give and receive claim info. something along those lines. She told me I would have to file an appeal to have it looked at again ( I have no decision to appeal). She then informed me that my best bet would be to file the IBS claim again but this time as secondary to my currently rated GERD. She stressed this strongly and would not answer any of my questions, stating it was my choice to appeal or re=file as secondary. It appeard she was trying to help me out by stressing the Secondary method, but she was very vague and suggested it was the consensus among who she was conversing while I was on hold that I undertake the Secondary path. My questions are does anyone know what occured here? Why was I not notified of a decision either way on IBS? I thought IBS was Presumptive! Is Secondary the best path?
  13. ok so.... little more news about docket #s so when you file your form9 not your nod date not your claim date... its the date you file your form9 for appeal at bva.. not your dro , the bva. then it starts time. i dont mean to sound this way but so much he said she said on here.... the date you sign the form 9 and it is put through the checklists is the day you get a docket. this docket is not disclosed to you the veteran because you probably have an issue with it. thats another point but,.,,, so if you have a few different appeals going and your newest appeal has yet to get a formal form9 then the bva mysteriously is allowed to give you a docket year of the last one. no matter if the others are older... if they roll all into one then you get the last date. some might say who have royalty payments... well its because they are contentions close to each other...FALSE .... EARS HAVE NOTHING TO DO WITH ANKLES...... HANDS HAVE NOTHING TO DO WITH ERECTIONS....... ANYWAY..... GET IN ON THE DISAGREEMENTS OF THE DOCKET RULES AND FIGHT.... ITS ABOUT US BUT ALSO THE ONES TO COME.....
  14. i see a lot of things on line regarding time frame. most start with the word NOD,,,, well im trying to get a real conversation on time frame. im not asking about returns to bva or when your appeal started,, i know that info.... MY QUESTION IS,,, ONCE YOU MET THE JUDGE IN DC AND DISCUSSED YOUR CASE AND HE SAID THATS THAT,, NOW WAIT FOR MY DECISION,,,,,, HOW LONG IS NORMAL..... HOW LONG IS NORMAL TO WAIT FOR A JUDGE TO MAKE A DECISION ON A CASE HE HAS PRECIDED OVER?
  15. MAYBE CUE?

    I GOT AN INTERESTING ONE. SO A RECENT FOIA RESPONSE SHOWS A QTC EXAM REQUEST WRITTEN BY THE SAN DIEGO RO. IN THIS LETTER TO THE DR. IT STATES THIS.... PLEASE EVALUATE THIS BILATERAL HIP CONDITION FOR AGGRAVATION OF A PRE-EXISTING CONDITION. THIS BILATERAL HIP CONDITION IS CLEARLY A PRE-EXISTING CONDITION. THE QTC COMES BACK AND SAYS " THIS IS NOT A PRE-EXISTING CONDITION. THERE IS NO PROOF OR MEDICAL EVIDENCE, OPINION SHOWING ANYTHING REGARDING THE OTHER HIP ONLY THE PRE SERVICE CONDITION OF THE ONE HIP" IVE ALWAYS WRITTEN ABOUT THIS IN MY NODS...
  16. Greetings all, This is my first post after looking for similar situations. My C&P exam for spine issues was in June and it seemed favorable until an addendum was made this month which turned everything around. They denied my claim for aggravated spine issues and had inaccurate information stating my condition didn't progress until after service. Is the best way to go about this by filing an appeal or by making a new claim for low back pain?
  17. I received my VA disability claim decisions (one service-connected at 0% and the rest denied). In review, of VA's "breakdown " of making their decision on my denied disabilities, I noticed two disabilities had the following remarks: "Service treatment records show that _______ manifested while in the service." I mentioned these conditions based on my VA and private medical records, but was surprised, that it was mentioned in my service records. I "combed" through my service treatment records but cannot find such entries. One of my questions, where in my service records did they find these existing conditions? I am going to appeal, but can I as a Veteran, have access to the VA's examiners decisions or can they reveal where these conditions are located in my service records?
  18. I served in the military in 1996. During basic training I was injured. 1. I applied for disability due to the injury in 2000 and was denied then again in 2002. In 2002 I never received a letter stating the denial. I called several times and was told that I was denied. In 2016 I went back to apply because the back & neck injury that I received in the service is really server now. When I went to reapply the lady at the VA Hospital told me that I was NEVER denied. That I was just rated at 0%. She said that I should have been told whenever my condition got worse to apply for an increase. Since I never received a letter and I was told verbally by 2 different people that my case was denied can I appeal the decision that was made in 2002 or is the only recourse is to reapply. If I reapply can I get them to pay me back to when the condition got severely worse which is about 6 years ago? HELP, What should I do? I know I should not have waited this long but I also suffer from PTSD which causes me to limit my contact with people and because I had applied twice and was told both times that I was denied I did not have the strength to try again. If my condition had not gotten so bad that I can do nothing now I would never had gone back.
  19. I have a question regarding getting an appeal approved for sleep apnea now that I am out of the military. While I was active duty, I was given two sleep studies that did not show enough apnea for a diagnosis. I also had throat implants and a sinus surgery to help with breathing, fatigue from poor sleep, and snoring. Nothing seemed to help. I did get a service connection for sinusitis with zero compensation. Last month my doctor sent me to another sleep study which revealed sleep apnea and then I followed up with another test using the CPAP. Now I'm wanting to go back to the VA and submit a claim and I'm wondering if there is any advice on what to do. I am having my doctor look at my service medical records to see what is in there. Thanks for any advice you folks have.
  20. Hello, This is my way of introducimg myself to the Hadit community as a whole. I only surf forums and give opinions and such to things that relate to me personally and my Battle with the VA I wanted to get not only all of these tags talked about, but i would hope to be able to at least get all of those abbrvs broken down for the people that come to this site in need I have noticed a lot of us old hats talk to each other in a comfortable, approachable, yet sometimes maybe even un-understandable to those who aren't in our War with the Rap-i um, mean Rating Officers Some of the people stopping by here for well deserved and needed help may not even be Vets, but their Spouses, their guardians, and most Unfittingly too often their Widows I hope to try to build a little list, where if someone came here, they would have, oh, lets say a nice rusty ass old anchor to grip on to, you know, to help them ride out this Hellacious Hurricane of a system we face Add any word, phrase, Article or Chaptet number of any Law, Rule, Regulation that you would like to help pass on, well, not only the cold logical definition, but tye way it helped you in YOUR Battle. i want this thread to be open and honest, but please, don't get lost and sidetracked trying to impress the community, if a discussion blooms from seeds planted here, take your conversation to the Mail system, and coax them to sproutlings on your own dime, and come back with your Harvest of Ideas. Only we have each other, as i have stood on my own for this last 2ish years, i have wanted something more Here, there be monsters, hide no truths, hedge no bets, the deaper we are able to cut on here, the finer and more powerful Claims we can make. Always remember, we should be advancing, and when i steped into Hadit, i started to feel something different on this Battlefield, ever so softly, in the muck, my arm tired from holding back the Tide of VA bullshit... I felt a small click on my shield, it was YOU! You and I, we began to share the load, gave us both second wind. And slowly, i realized what T-Bird has done, he has started a Cadence! my Shield-Brothers and ShieldSisters. Every one of you, whose words i read, eased my burden. The VA can only xxxx us as individuals. Remember, nearly a hundred years ago, when people REALLY figured out how democracy can work for the minority within the majority, Prohibition was passed, and that is because of Soldiers of Ideals. Our issue is, the VA makes us literally be the David to their Goliath. They demand that we beg for our scraps. Very few Vererans are in the position to demand their Just Compensation because first off, we are broken. Assailed by disabilitys they expect us to fight. Alone! They punish us horribly with Time, and indifference......they teach us to Hate the individuals in their system, Whistleblowers ignored except when it boosts Ratings yet never allowing us Veterans ourselves the ability or TOOLS to help OURSELVES. i dont want someone coddling me, i can repair my own engine given time and proper tools. No way in Hell am i gonna try to pull impacted lugnuts off with my teeth now am I? "that some small amount of moneys may be paid to the maimed, the crippled, his widow, his children...." -Abraham Lincoln (Maybe not exact words, but its from my xxxxxx up memory so go google for Knowledge)
  21. Hello, This is my way of introducimg myself to the Hadit community as a whole. I only surf forums and give opinions and such to things that relate to me personally and my Battle with the VA I wanted to get not only all of these tags talked about, but i would hope to be able to at least get all of those abbrvs broken down for the people that come to this site in need I have noticed a lot of us old hats talk to each other in a comfortable, approachable, yet sometimes maybe even un-understandable to those who aren't in our War with the Rap-i um, mean Rating Officers Some of the people stopping by here for well deserved and needed help may not even be Vets, but their Spouses, their guardians, and most Unfittingly too often their Widows I hope to try to build a little Pist, wher if someone came here, they would have, oh, lets say a nice rusty ass old anchor to grip on to, you know, to help them ride out this Hellacious Hurricane of a system we face Add any word, phrase, Article or Chaptet number of any Law, Rule, Regulation that you would like to help pass on, well, not only the cold logical definition, but tye way it helped you in YOUR Battle. i want this thread to be open and honest, but please, don't get lost and sidetracked trying to impress the community, if a discussion blooms from seeds planted here, take your conversation to the Mail system, and coax them to sproutlings on your own dime, and come back with your Harvest of Ideas. Only we have each other, as i have stood on my own for this last 2ish years, i have wanted something more Here, there be monsters, hide no truths, hedge no bets, the deaper we are able to cut on here, the finer and more powerful Claims we can make. Always remember, we should be advancing, and when i steped into Hadit, i started to feel something different on this Battlefield, ever so softly, in the muck, my arm tired from holding back the Tide of VA bullshit... I felt a small click on my shield, it was YOU! You and I, we began to share the load, gave us both second wind. And slowly, i realized what T-Bird has done, he has started a Cadence! my Shield-Brothers and ShieldSisters. Every one of you, whose words i read, eased my burden. The VA can only xxxx us as individuals. Remember, nearly a hundred years ago, when people REALLY figured out how democracy can work for the minority within the majority, Prohibition was passed, and that is because of Soldiers of Ideals. Our issue is, the VA makes us literally be the David to their Goliath. They demand that we beg for our scraps. Very few Vererans are in the position to demand their Just Compensation because first off, we are broken. Assailed by disabilitys they expect us to fight. Alone! They punish us horribly with Time, and indifference......they teach us to Hate the individuals in their system, Whistleblowers ignored except when it boosts Ratings yet never allowing us Veterans ourselves the ability or TOOLS to help OURSELVES. i dont want someone coddling me, i can repair my own engine given time and proper tools. No way in Hell am i gonna try to pull impacted lugnuts off with my teeth now am I? "that some small amount of moneys may be paid to the maimed, the crippled, his widow, his children...." -Abraham Lincoln (Maybe not exact words, but its from my xxxxxx up memory so go google for Knowledge)
  22. My husband( a Marine combat vet - infantry) received a call today that the VA is scheduling him an Independent Medical Exam. He is currently rated at 40% (Dec 2013) for back, knees, hip - service connected. When he only won 40% we appealed the decision and hired a lawyer. The lawyer immediately sent us to a specialist for my husband's specific disabilities which also cost us a small fortune, for an Independent medical exam. We found out after a battery of tests that my husband's condition was much worse than the VA's lousy exam expressed(big surprise there huh?). Our lawyer wrote up his case including this well documented evidence from our Independent Medical exam and documentation showing my husband's in service medical reports. First we had a de novo review with the help of our congressman where they didn't even read any of the paperwork because they didn't even put the right hip or knee on the report and basically said your exam doesn't mean squat and ours which didn't even include a specialist or the correct testing means more. So we are now waiting for a DRO review since November 2015. Questions: 1. Why do they want one of their hired "independent" companies to do yet another exam on my husband? It is to try and weasel out of giving him the disability he deserves? 2. Now I am so worried by the VA's actions that I'm concerned they will try and take his 40% away from him as well and this appointment for the Independent medical exam will do that. Is that a possibility? 3. Does the fact they are setting up an appointment for this Independent Medical exam mean we are getting close to his DRO hearing? The VA worries me to no end. I would appreciate any info or experience y'all have.
  23. This is a decision I recently received from the BVA after a successful battle at the CAVC (please see below). My appeal dates back to May 2006. I just need clarification on a few things. Staring with what disabilities exactly are they granting me. I don’t understand what is meant by “a disability characterized by chronic fatigue”. What exactly is" that" disability? Do they mean chronic fatigue or something similar to chronic fatigue? Is the polymyositis going to be secondary to major depressive disorder? Another thing that confuses me is that they are saying these things (chronic fatigue and polymyositis I assume) are secondary to my major depressive disorder. I was only granted service connection for major depressive disorder in May 2014 and this appeal dates back to May 2006. Which date will they use to determine the award May 2006 or May 2014? Any help on clearing up these matters will be greatly appreciated. Thanks in advance. FINDING OF FACT The Veteran’s currently diagnosed chronic fatigue disorder, to include polymyositis, is aggravated by her service-connected major depressive disorder. CONCLUSION OF LAW The criteria for service connection for a disability characterized by chronic fatigue, to include polymyositis, to include as secondary to a major depressive disorder are met.
  24. Appeal Closed in Ebenefits

    Hello, I had three apeals for effective dates close on Jan 29, 2016. I received a letter from BVA on Feb 8, 2016 stating they were granting an earlier effective date for my 100% service connection. The original effective date was 2/03/2013 and now it's 2/04/2012. So my question is how long should I expect it to take for retroactive to hit my account? I've won one other appeal through BVA in 2010 for my 50% rating and retroactive hit within 3 weeks of the claim closing. My claim is flagged with hardship. Any advice would be appreciated. Thank you!
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