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Found 66 results

  1. Good afternoon! I received the BBE from the BVA and all of my contentions were remanded by the BVA Judge. I’m fine with the remand; however, I believe the judge made an error writing my decision and I wanted to pick some brains. Two of my contentions, my right and left ankles were on appeal for a higher rating of 10 percent each. The judge remanded both ankles for and entitlement to initial rating in excess of 20 percent each. I wonder if the 20 percent is a typo or if the judge is directing the RO to begin the rating at 20 percent after the C&Ps. Have anyone seen this type of decision before? Thank you!
  2. My traditional appeal has been going in awkward direction. I know eBenefits is not reliable but in my case it has been because I confirmed my changes with the BVA ombudsman. I’ve been been battling back and forth with the BVA for 25 years. However, I’m just caught of guard with the BVA’s recent development. The Judge and her team of her attorney’s that was reviewing my case temporarily placed my folder back in the storage room. My appeal status was “waiting in line to be placed on docket.” My claim was only in that status for a few days and then my claim was then changed to “with appeals judge.” I learned my claim was reassigned to a new judge, which is the previous judges supervisor. Has anyone experienced this or any know what may be going on?
  3. My traditional appeal has been going in awkward direction. I know eBenefits is not reliable but in my case it has been because I confirmed my changes with the BVA ombudsman.  I’ve been been battling back and forth with the BVA for 25 years. However, I’m just caught of guard with the BVA’s recent development. The Judge and her team of her attorney’s that was reviewing my case temporarily placed my folder back in the storage room. My appeal status was “waiting in line to be placed on docket.” My claim was only in that status for a few days and then my claim was then changed to “with appeals judge.”  I learned my claim was reassigned to a new judge, which is the previous judges supervisor. Has anyone experienced this or any know what may be going on?
  4. Yesterday, I received a call from Client Service regarding my Appeal that’s currently on the the BVA Judges desk. I missed the call; however, the lady left a message stating that she will call me back. I called the number back that was on my caller ID and the operator stated the lady that called just wanted to give me an update on my Appeal and will call me back. Has this happened to anyone else? I had several appeals go through the Board but never have I received a call about my Appeal. What is Client Services? Thank you!
  5. What does Administrative Case Processing in an Traditional claim appeal mean?
  6. DAV told me there is no expediting claims anymore even for Vietnam Vets. Only terminally ill vets, homeless, or going to be homeless are expedited, so it took DAV 5 months to get my claim into the system because they trashed it the first time because they are a corrupt organization. Mr. Edwards in St. Louis for DAV got Mr Stephen Kelly his 12 years of retro pay in one week without even filing a claim, the way I read it. Dan Knabe For DAV got Mike Franko’s claim “Expedited” after he had been denied once already, also got him service Connected, got his retro pay, and got him a job with DAV as well. There was no mention of homelessness, or illness besides ptsd and knee injury. Mr Kelly was just before me and Mr Franks was just after me and none of us fit the requirements except Mr Kelly and myself were Vietnam vets, and Mr. Kelly and Franko were Gulf War Vets, as best as I remember. I was permanently damaged by something affecting my entire internal body and skin(AO), and records hidden all my life. Edwards and Knabe got their clients records, scoured through them, and completed and closed the claim in one week. The VA is still withholding my records, I have used a VSO (now VFW) for the last four years, and still waiting. VFW told me it would be at least 3 or 4 years before the BVA gets to mine. Minimum 3 to 4 years, and I probably won’t even exist by then. This sounds like picking and choosing who is expedited, which is nepotism or being prejudiced against my claim. I filed in 1983 because the Army lied about my records in 1972 or I would have filed then. Total manipulation to keep me from Justice per Exemption 5 of FOIA. Any recourse? Is a malpractice suit the only recourse, unless they make it right with this last attempt? Thank you! victor ray
  7. please help soon friends because,,, I NEED TO CALL MY VSO IN DC 2MRW BECAUSE HE JUST EMAILED ME SAYING THAT IF I WANT TO WIN A RECONSIDERATION CUE ABOUT A MISTAKE AT THE LEVEL OF THE AMC BVA LEVEL IM GONNA BE UP THE CREEK ONLY BECAUSE 5 OUT OF THE PAST 30 YEARS HAS BEEN GRANTED. SOME BACK DROP ON THIS IS,,, MY APPEAL WAS GRANTED BY THE AMC IN DC AND I FILED FOR AN INCREASE AT THE RO.... WELL RO CALLS ME AND SAYS ITS THE WRONG JURISDICTION AND THAT HE IS LOOKING IT OVER AND AGREES WITH ME ON WHAT THEY MISSED IN THE RANGE OF MOTION FOR FUNCTIONAL LOSS ... SO HE SAYS HES SENDING IT TO THE ORIGINAL JURISDICTION OF THE AMC IN DC AS A REQUEST FOR RECONSIDERATION AND AS WE ALL KNOW THAT IS ACTUALLY CALLED A CUE. SO IM STUCK ON WHAT TO DO NOW PLEASE HELP AS I NEED TO CALL THEM 2MRW WITH AN ANSWER. this is what DBQ states for abduction this is what the decision letter said and why this is cue?????
  8. 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.....
  9. I looked at my C-File and the reason they denied my sinusitis was that they said I had no treatment for it in my medical records. In one of my medical records it shows that I told my doctor I had sinusitis. The doctor didn't treat me for it after I told him about it. So the VA says because the doctor didn't treat me for sinusitis that it doesn't matter if I mentioned I had it. At my C&P exam the doctor said it was more likely than not that my sinusitis was caused during basic training. The C&P doctor said also that I had allergic rhinitis. On my last claim I applied for rhinitis and they denied that too. The C&P doctor years before then said that my rhinitis was more likely than not caused during my service too. It's been 5 years so far waiting for my BVA appeal. When I wrote the letter I said "How's it my fault that the doctor failed to treat me for sinusitis when I reported it"? Do you think I'll be giving this sinusitis disability rating or not?
  10. I have a BVA hearing scheduled June 6th via video teleconference at Houston RO. I had the first BVA on Appeal hearing (video tele.) in May of 2016 and it was remanded for Jurisdiction back to RO. The RO denied again and I filed another appeal (BVA did not have jurisdiction at the time of the 2016 BVA video teleconference) so now another hearing is scheduled on June 6th with proper jurisdiction at the BVA. That being said, is a claimant allowed to audio tape the hearing? I ask because I have received a written transcript of the 2016 hearing and it is insanely erroneous. I also have just received a copy of the complete RBA (on CD) and in reviewing it, the transcript from that same hearing is different and also flawed. Any advice? Can we tape the hearing? Should have said, this case is a CUE case. Thanks, Judy B
  11. I have four appeals at the BVA level that were certified by my RO and none of the appeals have docket numbers yet. I understand about waiver of initial consideration for additional evidence. My questions are these: 1. How do I know what evidence the BVA currently has? Could be that lots of evidence I have is not at the BVA level and want to ensure they have EVERYTHING. 2. Will a waiver of initial consideration automatically apply to all evidence, past, present, and future? That is, does a waiver of initial consideration, prevent any of my appeals from being sent back to the RO, assuming the BVA has all they evidence for my claims/appeals. I'm done dealing with the RO and want to avoid any remands as my claim challenges have been ongoing for 29 years now! Thank you very much in advance... James
  12. update from the BVA, here is my time line claim filed in 11/10, appealed cert. at BVA 12/13, in Washington hearing 08/17/16 Appeal closed yesterday 10/13/17, hope the date is not an indication of thing to come. should get my letter next week. I Wish all of you waiting Good Luck
  13. So January I submitted my eviction notice, electric shut off notice, insurance cancellled notice,, EVERYTHING for an advanced Docket,, to my VSO who's office is in the BVA building Washington DC. I was told within a few weeks I'll hear something. Well 100 + days later still no ruling on it & told they have a " Huge backlog of these as well since the new year" .. wouldn't you think though that any appeal with a docket date of 2017 then shouldn't be allowed to be adjudicated until older dockets who's advancement still hasn't been heard yet?
  14. Hello, I had an earlier BVA decision where I was granted an increase in my rating. In the decision they did not rate my IU because they said I did not perfect the appeal or something like that. I was denied IU by the regional office while by claim was on appeal at the BVA and according to the fast letter if this happens the IU claim is supposed to become part of the pending appeal in DC. Therefore they should have taken in consideration my IU claim as well as my disability claim that they rated even though they didn't have the perfected appeal or the form 9 for IU. So I am thinking of asking for a Motion for Reconsideration for this issue and would like to know if there is a certain format for these types of letters or do I just include the laws that were not followed and the evidence? I tried searching for a letter but was not able to find one. If anyone knows any help would be appreciated. Thanks in advance:)
  15. I'm in search of a doctor for sleep study that can write me a IMO and an attorney that represents Veterans in or around the New Orleans area. Any help is greatly appreciated. Thanks
  16. I've been a lurker on here for a little bit, I have been able to find most of my questions answered on here through a quick search, but I'm having trouble finding anything related to my current question. I had a partial grant last month from the BVA; two approvals, one increase, one denial, and two remands. I'm currently waiting on my RO in Muskogee, OK to promulgate my rating. They received my file on February 28th, 2017, and so far nothing has changed in ebenefits, and iris inquiries have left me with more questions than answers. I'm also in an expedited status due to extreme financial hardship. Is a case that's been flagged for hardship treated more expeditiously than a normal BVA grant? I ask because VLJ already stated that it should be treated in an expedited matter because it's an Appeal (everyone is expedited after BVA = no one is expedited, lol). I left a complaint on IRIS to my RO about how that the BVA has the FL 10-02 going over this exact circumstance and that I'm also flagged under hardship status. What else can I do from here? Running out of time...
  17. Hello, Army OIF/OEF vet here. In 10/2015 I initially filed for claims with little/no evidence. Most were of course denied. Through appeals I am now at 40% SC for IBS and tinnitus. I appealed my anxiety denial and was given a C&P exam in 06/2016, fast forward to 01/2017 and the VA sends me an SOC along with the VA form 9. I hired Vet Comp and Pen to help me gather supporting documents. (I think they did an excellent job) and submitted my VA for 9 along with new documents (02/2017) and waived my hearing before the BVA to help expedite things. Much to my surprise I was told I should still expect to wait about a year or so for the BVA's decision. In the meantime I have been developing a FDC for sleep apnea. Should I go ahead and file it even though the BVA currently has my anxiety claim or should I wait until it is decided? Thanks, and hopefully my post wasn't too lengthy.
  18. Have an in-person BVA Hearing, Washington, next week. I'm going without representation. Looking for words-of-wisdom as to the general feeling of the conduct of the Hearing, etc. Is there an appropriate dress code? Are there certain things I shouldn't do...should do? Over-all what is the general tone of the Hearing? Formal? Informal? What is the general competance level of a Veterans Law Judge? Any other advice will be greater appreciated. Thank you.
  19. I have finally succeeded to have a BVA hearing in April. It is scheduled for a video hearing in Phoenix. However, if I go to Washington...I can have the hearing in front of the judge...in person...face-face. Do I have a better chance of success with a personal hearing...or, stick with the video hearing? Currently residing out of the country...so, whether I go to Phoenix or Washington doesn't make any difference. Also, it's possible I can go to the US Embassy to use their facilities for a video hearing...saving a trip to the states. Your feedback would be appreciated. Thank you.
  20. SO MIAN POINT WAS ,,, DO NOT DO A DRO REVIEW IF YOUR SERVICE VET REP SAYS GO FOR APPEAL. THIS IS REAL BIG.... THIS MEANS IM SAYING TO ALL VETS TO SKATE OUT OF THE DRO REVIEW ... NOW,,, IF SOMEONE TOLD YOU THAT YOU CAN WIN WITH THE DRO THEN OK BUT,,,, YOU ARE ONLY SMART TO TO SIGN THE I9 PUSHING IT TO BOARD OF VETERANS APPEALS., REASON IS,,,, ONCE YOU DO THAT THE RO WILL SAY OH xxxx,,,, THEN THEY WILL PUSH FOR ALL OF TYPES OF HEARINGS BUT AT SAME TIME KEEP YOUR PLACE ON DOCKET. SO,, SAY F-U TO DRO REVIEW THEN FILE YOUR FORM 9 AND LET THE RO DEAL WITH YOU AS YOU ASK FOR A PRINT OUT OF YOUR SUBSTANTIATED APPEAL. THIS WORKS FOLKS.. THATS WHY IM SAYING IT... THE ABSOLUTE MAIN POINT FOR BEGINERS IS THAT YOU REALLY WANT YOUR DOCKET NUMBER NOT YOUR DRO REVIEW. IM JUST TRYING TO HELP.!
  21. 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?
  22. SO MY QUESTION IS,, IS ANYONE ELSE OUT THERE WAITING ON THE JUDGMENT OR DECISION FROM A JUDGE THAT HAS ALREADY HEARD YOUR CASE? THE REASON I ASK THIS IS BECAUSE,, MY CASE WAS HEARD IN MAY OF 2015 AND EBENNIES SAID AT THE TIME THAT MY APPEAL WAS WAITING FOR A JUDGE TO HEAR IT. FAST FORWARD ALMOST 2 YEARS AND EBENFITS STILL SAYS MY CASE IS WAITING FOR SCHEDULING TO BE HEARD. WHEN I CALL BVA THEY TELL ME THAT MY CASE HAS NOT GONE TO THE JUDGE YET FOR A DECISION... EBENES HAS ME STILL STUCK AT SCHEDULING FOR HEARING DATE. WHAT SHOULD IT SAY ON EBENNIES IF IVE ALREADY HAD MY CASE HEARD AND IM WAITING ON A DECISION?
  23. paulcolrain

    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...
  24. Pittsburgh RO told me I can't file a "Motion to Advance Docket" until I receive BVA's denial? Is this correct? Doesn't make sense...defeats the purpose of the "Motion"?
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