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Found 56 results

  1. 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
  2. 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
  3. 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?
  4. 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:)
  5. 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
  6. 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
  7. 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...
  8. 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.
  9. 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.
  10. 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.
  11. 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.!
  12. 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.....
  13. 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?
  14. 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?
  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. 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"?
  17. Received DRO denial decision. However, the 30 days have gone by to apply for BVA hearing. May I still send in my SF9? Thank you.
  18. Sorry if this question/answer is already posted, but I couldn't find it. I have just received 10/05/26 another DRO De Novo denial for increase in PTSD [currently 50% PTSD 10% other] and approval for TDIU. This has been going on for a decade and the local DRO has blatantly ignored 12 years of therapy and VA psych assessments which counter the one C&P doctor's 40min assessment. But my question is; I have been in contact with a lawyer to represent this appeal to BVA. I'm a Vietnam Vet and at 69 I will be 74 by the time the 5 year BVA backlog gets to it. So I need to do this right. I have recently been informed that Hypertension, which I have has since Vietnam can be secondary to PTSD. I also have heart arrhythmia which I read can also be aggravated by hypertension. I've had 4 TIAs since 2007 and my external cardiologist - who has done extensive work on me for over 5 years - I believe will attest to hypertension secondary to PTSD. And maybe other heart diseases. Finally, my questions is should I continue to file the BVA appeal addressing the 10/05/2016 denial issues? Or, should I not file the appeal and submit my hypertension and heart issues as new claims? The most significant problem I see is that if I don't file the BVA appeal claim now, and wait for the DRO decision on the new issues I might be dead, or clearly out of time to file the BVA appeal. Semper Fi! Art
  19. Just wanted to check and see if this was the average time from initial claim to the BVA video hearing: AUG 30, 2010 - Initial Claim (VSO-DAV) NOV 13, 2012 - Award & denial(s) NOV 18, 2012 - Requested DeNovo DRO Review APR 9, 2015 - SOC (Granted one, denied the remaining) APR 12, 2015 - Form 9, Requested BVA Video Hearing OCT 17, 2016 - Video Hearing Scheduled Semper Fi
  20. I posted this in my other ongoing thread but I want this brought to the forefront. I was recently denied by WACO DRO Steve Wilbur and I believe I was retaliated because I simply asked Robert McDonald in an email to step in after 6 months of waiting for a decision when the DRO told me in the informal hearing to give him 60 days. My hearing was 45 minutes long and I was well prepared. The DRO Steve Wilbur has a very bad reputation at WACO for denials. I received a call from DRO Wilbur on August 18th, 2016 stating he received my request for a decision. He told me he would be deciding it within the week but in fact he had already decided it that day! Now I have yet to received the SOC but I have a Women's Outreach Coordinator in St. Petersburg VBA who is a very close friend of mine and happened to see the denial in my records. This idiot DRO failed to put a cover letter with my SOC and no date on my SOC. He simply submitted it to Evidence Intake and never mailed it to me! If it wasn't for my connection I would still not know and would not be within the 60 days to file the Form 9. I emailed Robert McDonald earlier this week, firing off my distaste for this DRO and my local congressman. I plan to further put him on front street when I do file the Form 9. As for my NOD, I filed it back in 2014 for right foot (5th metatarsal fracture), right ankle condition, and left toe condition. I am attaching a lot of documents and I know we all have busy lives and I have helped a lot on here and now I need help please! I need your opinions on this situation. Original denial for toe condition was on decision letter in June 2014. They put the denial of the toe condition on the wrong foot! It was noted on the right foot when it should have been the left foot. I pointed this out since my right ankle and right fracture had yet to be decided on. November 2014 received denial for right foot/right ankle and toe condition noted on left toe continued to be denied. This was after I had a C&P exam July 2013 where I provided TWO DBQ's from my current outside podiatrist stating my injuries to my feet/ankles/toe was all in-service injuries and I was still affected by them to this day. That was 2013. I was s/c in June 2014 and was able to start getting treatment by the VA. My primary had X-rays completed and in 2014 it showed an old fracture to my right foot, the 5th metatarsal. The C&P examiner made a rationale that stated he noted diagnoses in the C&P exam. He felt comfortable with the DBQ's from what I gathered. November 2014, a medical opinion by some doctor I never saw but supposedly reviewed my records determined either I was healed and no further treatment or that I had in-service injuries but no loner had issues. So I filed NOD November 2014 citing the errors and why I felt the denial was incorrect. Fast forward to February 2016, I had my informal hearing with DRO Wilbur. I had submitted a Nexus letter dated February 12th, 2016 from my podiatrist indicating he reviewed all my SMR's and my current conditions were all related to in-service injuries. During the hearing, DRO Wilbur even stated that a fracture in s/c with no further residuals is at least 0%. He further went on to review the Nexus letter noting that my Podiatrist stated all three contentions were in fact in-service, continuity continued. DRO Wilbur told me 60 days to decided. DAV rep was present. I felt good......WELL, then I was denied last week. Here is the evidence I submitted to the DRO for review. I am just lost for words on this! DBQ ankle conditions_Redacted.pdf DBQ foot conditions_Redacted.pdf medical opinion w-o exam_Redacted.pdf Timeline for NOD hearing.pdf Nexus letter-redacted .pdf NOD - Denial Letter .pdf NOD evidence notes.pdf
  21. Hi everyone; I have several threads going but i want to get these C&P exams out there in the open. Please look at both C&P exams (Foot Conditions) (Ankle Conditions). Look at the errors done by ONE doctor. The first C&P exam I attached is for Foot Misc. The very first error by the C&P examiner is the fact that he states under #1 Diagnoses Avulsion Fracture 5th Metatarsal - date of diagnoses 6/23/2013. That is WRONG! If you look at the other C&P Exam for Ankles, under #1 Diagnoses he states right 5th metatarsal fracture - date of diagnoses 1993! YES that is right! See where I am going with this???? Let's continue on.... C&P exam for Foot Misc - #2 Medical History - he specifically states Toe condition left toe. The date of the symptoms 1991. #3 Morton's Neuroma - YES left. #15 Functional Impact - YES #16 Remarks - For the claimant's claimed of RIGHT FOOT CONDITION, there is no diagnoses because the claimant does not claim the condition. For the claimant condition LEFT FOOT CONDITION, the diagnosis is already noted in the diagnosis section. For the claimants condition of TOE CONDITION ON LEFT FOOT, the diagnosis is already noted in the diagnosis section. He is obviously mistaken on my right foot condition because it was in my original claim May 2013 but let's continue.... C&P exam for Ankles - #1 Diagnosis - He notes ankle sprain 1993 and he notes right 5th metatarsal fracture 1993 BUT he puts it as LEFT foot! WTF????? Do you see this??? First he has the right fracture on my foot C&P exam with the wrong date, then on this one he has the right fracture but noted on the left foot! #2 Medical History: States my history #17 Functional Impact - YES #18 Remarks - The claimant now has or has had ankle condition. For the claimants claimed condition of RIGHT ANKLE CONDITION, the diagnosis is already noted in the diagnosis section. For the claimant's condition LEFT ANKLE CONDITION, the diagnosis is already noted in the diagnosis section. this doctor has F'd both C&P's up!!! To add to this I get some medical opinion in November 2014 from some doctor who apparently reviewed these C&P exams, my DBQ's submitted on my behalf by my Podiatrist at the time. This is so ridiculous! On top of this, the DRO takes my Nexus letters supposedly into consideration but no rationale? See attached the Nexus LetterNexus letter-redacted .pdf C&P Exam Feet 7-2013_Redacted.pdf C&P Exam Ankles 7-2013_Redacted.pdf
  22. I came across this blog and it really helped me understand my NOD process.... http://www.blogs.va.gov/VAntage/25738/the-appeals-process-appeals-at-the-regional-office-level/
  23. 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)
  24. 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)
  25. December 31, 2015...had a DRO for an appeal on a "1151" claim. The "1151" for malpractice/negligence has been pending since May, 2011! Obviously, the DRO was denied for the same wrong reasons as before. My prior VSO had filed a C.U.E. previously...and, that was denied. Currently, have no representation. Question?: Do I give up...and, say the VA has won? Is this what the VA wants me to do? Do I have it certified and go to BVA? Do I opt for representation? VSO? VA certified lawyer, etc? Referrals? If I opt for representation...may I pick anyone from anywhere in the states? Also, what's the difference between "1151"and filing a complaint with the OIG? FYI, currently residing outside of the country, permanently. Thanks for the input.
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