Appeals Team

[JayBrown1]

What is the Appeals Team? What is the Process? I sent in a NOD and it was sent to the Appeals Team in Regional Office to be addressed. How does this work and what's the time frame?

Jay

[Berta]

The Claim process post that Carlie recently posted from Vike might help you a lot-

"The Appeals Team handles appeals in which the veteran has elected the DRO review. They also handle any remands that have been sent back from the BVA and the Court. The Appeal Team is a self containing unit within the Regional office. They make determinations on appeals, make rating decisions that are on appeal, do any developmental work on any issue that may be on appeal, and issue any SOC's and SSOC's in conjunction with their review."

It is a good place to be but the time frame? I have been in and out of the appeals team for over a year now-Buffalo VARO-

it was over a year before they addressed my NOD-

then again I have 6 issues-3 will be rendered moot with a proper decision on the main claim-

and the appeals team's transfer of my main claim to the BVA last year was illegal and I got it back-

I had faulty representation- and this cost me years- in your case-

I sure dont see you waiting that long.

Have you fully complied with what the VCAA letter stated you needed to send them?

[JayBrown1]

Berta

I got a decision to increase my right knee from 10 to 20% for moderate degenerative arthritis as diagnosed by C&P examiner in May 2006. I sent them a letter back in June 2006, stating that the Orthopedic doctor at the same VA medical center that I have been seeing stated that I have severe degenerative arthritis with a large concave of the tibia. He also stated that I am in need of a total right knee replacement,which I sent a copy of his progress notes with my letter of disagreement. I told them that I didn't think the VA was in the habit of performing surgeries if you didn't need it and if they did something big is wrong and it need to be investigated. In October 2007 I sent them a copy of schedule date for surgery(Jan/08). They have all the evidence that they need to see that they were wrong in their decision and that my condition warranted a higher rating according to their rating codes. They have rated my IU, Sleep Apnea, and Auto Allowance claims but will not refer those claims to the Post Determination Team until the Appeals Team address my NOD.

[JayBrown1]

Berta

I got a decision to increase my right knee from 10 to 20% for moderate degenerative arthritis as diagnosed by C&P examiner in May 2006. I sent them a letter back in June 2006, stating that the Orthopedic doctor at the same VA medical center that I have been seeing stated that I have severe degenerative arthritis with a large concave of the tibia. He also stated that I am in need of a total right knee replacement,which I sent a copy of his progress notes with my letter of disagreement. I told them that I didn't think the VA was in the habit of performing surgeries if you didn't need it and if they did something big is wrong and it need to be investigated. In October 2007 I sent them a copy of schedule date for surgery(Jan/08). They have all the evidence that they need to see that they were wrong in their decision and that my condition warranted a higher rating according to their rating codes. They have rated my IU, Sleep Apnea, and Auto Allowance claims but will not refer those claims to the Post Determination Team until the Appeals Team address my NOD. They want to lump it all together.

[JayBrown1]

Berta

I got a decision to increase my right knee from 10 to 20% for moderate degenerative arthritis as diagnosed by C&P examiner in May 2006. I sent them a letter back in June 2006, stating that the Orthopedic doctor at the same VA medical center that I have been seeing stated that I have severe degenerative arthritis with a large concave of the tibia. He also stated that I am in need of a total right knee replacement,which I sent a copy of his progress notes with my letter of disagreement. I told them that I didn't think the VA was in the habit of performing surgeries if you didn't need it and if they did something big is wrong and it need to be investigated. In October 2007 I sent them a copy of schedule date for surgery(Jan/08). They have all the evidence that they need to see that they were wrong in their decision and that my condition warranted a higher rating according to their rating codes. They have rated my IU, Sleep Apnea, and Auto Allowance claims but will not refer those claims to the Post Determination Team until the Appeals Team address my NOD. It appears they are wanting to lump it all together

[Berta]

"They have rated my IU, Sleep Apnea, and Auto Allowance claims but will not refer those claims to the Post Determination Team until the Appeals Team address my NOD"

??? I dont know why-the NOD should have been addressed long ago-

then again- when I won my past awards I do not recall the claims even going to the Post determination team-

they just said -it was authorized or it is in Finance-

Often the VA 800# PCs are not up to date-

maybe it is at Post Determination-and the VA PC doesnt show that yet.