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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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VetsLady

Docket Date

Question

Hello everyone...

We have an appeal I'm told is in the "rating" phase at the AMC in DC. Have been told that this phase is basically a point of jumping back in line to have your claim reviewed. We have an original docket date from Jan. 05, wondering if anyone knows where we can find out where the BVA is in the docket? Does AMC render the decision, send it back to BVA, then if SC, back to rating for SC%??? What is the order?

Rating to me seems like it should be rating but, it's apparently not with the AMC.

Thank you's......

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"Does AMC render the decision, send it back to BVA, then if SC, back to rating for SC%??? What is the order?"

My experience was

BVA sent claim to AMC who then ordered a C & P to comply with the remand-(Remand went to Buffalo VARO)then the claim was sent to Seattle by the AMU (claim Originated here in NY)

Seattle VARO -after over 5 years had passed again ignored all medical evcidence- and denied.

I sent to BVA all medical evidence again and a rebuttal to the C & P exam results.

BVA awarded.

Yes AMC can make a decision-I have seen them make awards.

If they make an award as far as I know-the claim goes back to the VARO where it was originally filed and the VARO rates the claim and sends the award letter.

But I am curious here too whether the AMU in some cases would award but send it back to the BVA for the award to come from them...???

Not sure why they would do it that way- but it seems the more hands a claim can pass through these days the better-for the VA- to stave off making awards.

Just my opinion.-

As a lawyer from NVLSP calls it- this is the "Hamster wheel" of the claims process.

My award was in April but the RO still has not prepared the award properly as to the ancillary benefits and other stuff I am due.

I got a nice VA form letter Monday- we are working on your claim etc-

but the letter came from VARO in Philadelphia,????

I cannot imagine what Phlly RO would have to do with my claim.

That is another rung on the hamster wheel for me.

Unless this is where they process the burial expense applications.???

I dont have a clue.

Edited by Berta

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"Does AMC render the decision, send it back to BVA, then if SC, back to rating for SC%??? What is the order?"

My experience was

BVA sent claim to AMC who then ordered a C & P to comply with the remand-(Remand went to Buffalo VARO)then the claim was sent to Seattle by the AMU (claim Originated here in NY)

Seattle VARO -after over 5 years had passed again ignored all medical evcidence- and denied.

I sent to BVA all medical evidence again and a rebuttal to the C & P exam results.

BVA awarded.

Yes AMC can make a decision-I have seen them make awards.

If they make an award as far as I know-the claim goes back to the VARO where it was originally filed and the VARO rates the claim and sends the award letter.

But I am curious here too whether the AMU in some cases would award but send it back to the BVA for the award to come from them...???

Not sure why they would do it that way- but it seems the more hands a claim can pass through these days the better-for the VA- to stave off making awards.

Just my opinion.-

As a lawyer from NVLSP calls it- this is the "Hamster wheel" of the claims process.

My award was in April but the RO still has not prepared the award properly as to the ancillary benefits and other stuff I am due.

I got a nice VA form letter Monday- we are working on your claim etc-

but the letter came from VARO in Philadelphia,????

I cannot imagine what Phlly RO would have to do with my claim.

That is another rung on the hamster wheel for me.

Unless this is where they process the burial expense applications.???

I dont have a clue.

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Hit the wrong button. Whoops. My apologies...

Berta...

Thanks for the reply. We have 1 issue in appeal. BVA hearing was last Nov. Filed TDIU which halted action at BVA. TDIU denied. BVA remanded issues continued on. They had remanded it to AMC-DC for further development. AMC-DC sent it to Nashville, where a team of AMC was assisting with the backlog. From what I understand, there are 4 VARO's with this special set-up. We had 2 issues originally on appeal, dropped 1 for good reason, continued on with 1, C&P exam was ordered in the remand for the issue we ultimately dropped. Now, since there is only 1 issue on the table, from what we are advised, it may go fairly quickly. As you know, many things factor into what "quickly" means to the VA. We have an old claim. Originally filed in 2/03 for 3 main issues. Nodded, DRO'ed, De-Novo Review, filed appeal, docket date on appeal is Jan. 05, April '08 awarded 70% on 1 AO related issue, ED 1 year prior. Fast forward to present....dropped the 2nd issue that was remanded for a C&P, and have just the last 1 on the table. Nashville was handling the further development issues. Since this is a moot subject, the file is now back at the AMC-DC

and "ready for rating" aka: back in line.

I know they are suppose to use the original docket date on the appeal as they received the appeal Jan. 05. We now have an accepted hardship attached to the claim file and IMO, a cut and dry issue that is still on appeal. I'm not the one with the file in front of me. However, VLJ was quite surprised this portion of the claim was denied and ended up at BVA. Local VARO screwed up the SSOC so bad, had I known then what I know now, I would have asked for an in-person review at their office while awaiting a hearing date. Of course, we are notifed in Oct. 08 that the hearing was on the docket for Nov. 08. This remaining issue was denied by local in August 08.....

The local VARO had medrecs through mid 04 only and a very underdeveloped claim so no wonder it was denied. An in-person hearing would have cleared it all up, I truly believe that. Now, they have everything, all medrecs, 2 Nexus, the QTC doc who did the exam for this issue last year gave a Nexus, buddy statments on file, we have photographs on file, you name it, we sent it. And, dropped the SO who was assisting (not).

I was just "a-wondering" if anyone out there had any idea where a VetsLady could find out where they are on the docket, without IRIS'ing or calling. They really don't give you much info at this point in a claim anyway.

Thanks for listening (well, reading!)

VetsLady

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Forgot to mention.....Philly, Seattle, Nashville and off the top of my head I don't recall, were the 4 VARO's that are in the pilot program the VA set up to expedisouly handle claims....perhaps that's why Philly has your file. I do know that Nashville had ours, as I mentioned, they were 1 of the VARO's who had an affiliate AMC set-up to help with the overload.

We are positive people and look at the glass as half full. However, until the penny is in our pocket, we'll believe it. Never imagined the TDIU would fail. But, after reading the SOC, can see why plus, it only held up the Appeal. Wrong choice to file TDIU at that time. SO suggested it and what did we know? I can say with certainty, much more now. Even going back to the original claim issues.....same SO had us list everything on the claim, right down to a hangnail, ridiculous. Stick to the main issues and the rest will follow, at least in our case that is how it should have gone. Can't change the past. No control on the future. Hold onto what you know today.

Thanks again....

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Interestingly enough, filed for SSD Jan 05, approved, no question about it 1st time in and began June 05. Some say it's harder to get SSD than VA Disability.

Things that make ya go hmmmmmmmm?

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