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Appeal Status

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luvHIM

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My question is related to my claim that is in appeal status. I received a call from NSO (who BTW is not local and local chapter usually can't answer questions for me because they "don't know") informing me that my C-file is with the "Appeals Officer." NSO went on to suggest that this is good because "we" are right where we should be at this point. Stated "Appeals Officer" will review the file and has the authority to decide the claim, if I have a case, without the need for a hearing. I've been waiting to be assigned to the list for a travel board hearing. Did not make the list this year but was informed I should be on it for next January 08.

So, my question is: how often does an Appeals Officer or DRO, if the terminology is interchangeable, decide a claim in favor of the veteran without the need for a BVA hearing?

I've searched the hadit.com website in order to avoid a new thread on an old topic. But I was unsuccessful in finding anything that specifically addressed my question. So, if this is a repeat question, in advance, please forgive me. Thanks for your assistance.

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Vike17,

Thanks for all of your insight and help. Now, that I can see things through different eyes, it can only help me with my hearing (I hope).

the recent activity at the Appeals Team is more than likely them getting ready to have your hearing. Once you have that hearing, your C-file will probably go back to the rating board so they can decide the most recent IU claim first before they ship it off to the BVA. Normally all open claims will be decided before the C-file can go to the BVA!

Okay, I see.

The VA wouldn't have needed to ask you for evidence of this in their DTA letter. You were applying for an increase. You just happened to supply them medical evidence of another disability AFTER the fact. The VA wouldn't have known there was another disability in the mix until they actually evaluated all the evidence shortly before the decision was made. Since the initial rating decision was a "cut and paste" job as you say, then at least your SO should have seen that the two disabilities needed a nexus.

This is what has me so upset right now. The first SO was working her own claim. After she was awarded 100% in Oct 04, she quit working at DVS. At any rate, I received my decision letter (the one leading to an appeal) in December 04. By that time she had already quit. DAV became my new representatives in March 2005, after I'd already submitted my NOD. The DAV NSO told me that all he can do at this point is assist me with the appeal because what's done is done.

One thing to keep in mind is that just because you were treated at a VAMC does NOT mean the RO has those records. The RO and the VAMC are two seperate entities within the VA (the RO is part of the VBA and the VAMC is part of the VHA). The two don't routinely talk to each other other than to set up C&P exams and so forth. You need to tell the RO of these dates and treatments at any VAMC, they will then obtain them via the "Duty to Assist." You can also do this at your BVA hearing!

I didn't know that! For whatever reason, I was being told that RO has access, if they needed to review my VAMR, they could.

As I said before, it looks like the VA was able to seperate the lubosacral strain and ankylosing spondylitis based on the medical information before them at the time of their decision. Like I said before, I've never seen this happen but it can be possible. Yeah, I'v had a few people in the VSO's tell me about the same thing. But, then again, they've also said it really depends also on how the claim was presented to RO.

Also the lower back disability in 1984 looks to be the continuation of the 1979 rating.

I say this because you said you applied for an increase but did not follow through with it. Right. Spouse got orders to Egypt (AE-Joint Military) and we were able to go with him. So, I wasn't even in the country to pursue it.

In this case the VA would simply have continued the 0% evaluation. Right.

If the VA really did give you a second evaluation for your back, even if it was at 0%, in 1984 by mistake, I find it really hard to believe VA would have missed correcting this simple mistake TWICE. The first time being the application for an increase in 2003-04, and the second time by the DRO! I mean it could have happened, but easy ones like this are pretty rare! Okay, I'm referring to what was showing on a HINQ. I may be losing you here when you say missed correcting this simple mistake TWICE. The first time being the application for an increase in 2003-04, and the second time by the DRO! I mean it could have happened, but easy ones like this are pretty rare! Are you saying that by the time I got a copy of my HINQ in 06, it should have been reflecting whatever RO was going by or something else?

The bottom line is you need to the connection or "nexus" beteen the Lumbosacral strain and the ankylosing spondylitis. Well, I guess so, it has become quite evident at this point.

But, I can tell you that I have been spending a lot of time the past two days reading through many of the appeal decisions where increase for lumbosacral strain is concerned.

In some cases, other degenerative issues and or other medical diagnoses are raised in the appeals. But from what I've been reading of the decisions, it really does depend on how liberal or not the BVA chooses to be.

For example, I was reading one decision where the appellant's private physician was given more creedance than the IMO from a VA contracted doctor. Yet, on the other hand, I read where a VAMC Orthopedist's statement was given no weight over the C&P exam report. I've also seen a few claims that were on appeal be dismissed because RO (at some point) awarded or granted the increase. I don't know how often that happens. Probably not very often.

Anyway...

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