Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

90 Day Letter On Its Way From Bva

Rate this question


Josephine

Question

  • HadIt.com Elder

Here is the latest, I think I have had it!!

Well, I just called the BVA. I was told my claims file left

the legal team

and now I have been mailed a 90 day letter to respond.

What can they possibly do to me now?

I have been at the BVA remanded to AMC for another almost two years

and before I receive the SSOC. The claims examiner calls me to advise

me to waiver my 60 days to submit new evidence to AMC.

She politely walks the file back to BVA.

I secure the IME and I think now it is being

considered as " NEW EVIDENCE".

Doesn't it sound like, I am starting the process again?

I will never live to see the end of this claim.

I may just have to drop the whole darn mess.

I don't know how to fight this thing any longer.

Always,

Betty

Link to comment
Share on other sites

  • Answers 47
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder
It sounds like the VA hokey pokey to me...

You put the claim in....you take the claim out..you put the claim in and you shake it all about...

I'm not sure what a 90 day letter is... but would not take it to be a sign of granted... would think it would more likely be remand or denied...

Might be a remand so they can let the VA docs see the NEW opinion...

That is what is so frustrating sometimes - is the BVA often can SEE the claim should be granted - but then they REMAND it back to get the RO to do it - and the RO messes it up a bit more before they pass it up...

Hopefully, if it is not granted - it is a remand - as those usually don't take quite as long...

But yeah... I can see where you would be SOOOOOOOOOOOOOO frustrated - because you have worked SOOOOOOOOOOOOOO hard and SOOOOOOOOOOOOO long already..

Free :lol:

This is what I picked up on the BVA site from another claim :

A letter was sent to the veteran and his representative on

May 3, 2007, in which he was given 90 days from the date of

the letter to submit additional argument or evidence in

support of his appeal prior to the Board's readjudication. A

letter was received from the veteran's representative in June

2007 enclosing VA treatment records from April 2007 and May

2007, along with a waiver of RO consideration of this

evidence, and the 90 day letter response form, indicating the

veteran's desire for the appeal to be readjudicated prior to

the expiration of the remainder of the 90 day period.

This is getting a bit stupid.

Thanks for the songs,

Betty

Link to comment
Share on other sites

This is what I picked up on the BVA site from another claim :

A letter was sent to the veteran and his representative on

May 3, 2007, in which he was given 90 days from the date of

the letter to submit additional argument or evidence in

support of his appeal prior to the Board's readjudication. A

letter was received from the veteran's representative in June

2007 enclosing VA treatment records from April 2007 and May

2007, along with a waiver of RO consideration of this

evidence, and the 90 day letter response form, indicating the

veteran's desire for the appeal to be readjudicated prior to

the expiration of the remainder of the 90 day period.

This is getting a bit stupid.

Thanks for the songs,

Betty

Betty

Never ever.ever quit thats what they want us to do. Remeber the VA moto delay, delay . delay and another 1,000 Vets will die today. I will keep you and yours in my prayers

Jim

Edited by Jim MAC

Delay, Delay, Delay another thousand Vets will die today. This has been almost a 9 year trip thru the VA maze.

Jim

Link to comment
Share on other sites

Betty,

I understand the frustration and know how sometimes you just need to walk away.

Its a letter, take a deep breath and wait for it to arrive, take a day or two before you respond to it.

You come this far take you time and see it through. If its denied then thats the time for you to decide if your life would be better if you walked away You need to do what is best for you. Only you can be the judge of that. In the scheme of life how important is this issue to you, and if you won how whould it change your life. Is it worth the strees.

You do what you need to do for you and only you.

Best of Luck

Link to comment
Share on other sites

  • HadIt.com Elder
Betty

Never ever.ever quit thats what they want us to do. Remeber the VA moto delay, delay . delay and another 1,000 Vets will die today. I will keep you and yours in my prayers

Jim

Jim,

I try to not want to quit, but I can't understand how one lady doc can tamper with the medical records and still it appears she is always on top.

Dr. Wilson wrote me back and said that he believed that he could help me. I know that he always does Independent Evaluations, but I ask being he is only two blocks down the street from Dr. Crowley could he possible do an IMO of the records. I just saw Dr. Crowley January 11, 2008.

Maybe I am wrong, but I feel if you take two Forensic Psychiatist and this one graduated from Harvard and the other one from Yale, how can this nothing Psychiatrist come out on top again.

If it is in my best interest to meet with him, it is only a 4 hour drive again.

Always and Thanks,

Betty

Link to comment
Share on other sites

  • HadIt.com Elder
Betty,

I understand the frustration and know how sometimes you just need to walk away.

Its a letter, take a deep breath and wait for it to arrive, take a day or two before you respond to it.

You come this far take you time and see it through. If its denied then thats the time for you to decide if your life would be better if you walked away You need to do what is best for you. Only you can be the judge of that. In the scheme of life how important is this issue to you, and if you won how whould it change your life. Is it worth the strees.

You do what you need to do for you and only you.

Best of Luck

Ruby,

My problem is that if I quit I have allowed one quackie doc at this small rinky dink medical center to slander me with her lies and I don't even know what happened in that room.

I see bits and pieces like someone on drugs. I think the examination is what is stressing me so badly.

Ruby, I sound like someone half crazy, but I can always see myself saying to those two, " You may think that I don't know who you are, but you are doctors for the Veterans Administration.

What did they say to me for me to say that? I have no ideal.

I have the statement from the nurse, who I saw her immediately afterwards, for I was sure I had had a stroke.

Tomorrow will be a better day. The VA keeps shocking me with which way we are going.

Thanks Always,

Betty

Link to comment
Share on other sites

  • HadIt.com Elder
Betty, heres a hitching post and a carrot for yer horse, now breathe and keep the good vibes a'goin and relax, watch the weather, the birds and know we are here at Hadit for one another, cg

sorry Larry for your headcold, H20 always recommended (even if its koolaide!)

Cowgirl,

It sure is a mean world out there. The VA keeps shocking me. This

chess game is killing me.

It is going on way too long.

thanks bunches!!

Betty

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
    • Sparklinger earned a badge
      First Post
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use