Not Sure If I Should Be Happy Or What?

[stillhere]

In talking to my RO on friday last week they told me that a current claim that I have in has had a decission made and is with the ppost determanation process?

I also asked about my hearing / tinintus claim that I have sent in a form 9 and asked for this to be sen to the BVA. That appeal has been in since June 09 and she said something to the effect that because I sent in more supporting evidence that it was up for decission. Now before I get me hopes up that this is finally almost over what should I expect?

1. A complete award from the RO with no need to go to the BVA

2. A second SSOC denial.

3. A reopen of my claim and waiting for a decision or another C&P which my last one waas in 83.

Would appreciate any comments.

Thank you, stillhere

PS Merry christmas and Happy New Year to ALL!

[jbasser]

I cant read into it that well. I advise to wait until you get the decision and then develop a plan of action. I hope it is favorable.

Sometimes they suprise us.

J

[stillhere]

Yeah J just thought maybe someone like Berta might have her crystal ball working. I have been working on this hearing loss claim for 5 years now and just DXed with PTSD last March so seems like evrything wears on me.

We got a bunch of snow in our area. Snowed for over 24 hrs without much of a let up. I did something stupid and even though the wife told me not to and just pay one of the kids to do it. I went out and tried to do it myself. I have had two heart attacks and I guess I learn after the next one. I am so depressed rigght now because I can't ddo it anymore and worse than that I do thing I should not.

sorry for the woe but i had to get it out!

Again Merry Christmas to all! Stillhere (for now)

[Ricky]

Still you should strive to be happy all the time! hahahahahahaha on the claim either of the three is a possibility.

[stillhere]

Still you should strive to be happy all the time! hahahahahahaha on the claim either of the three is a possibility.

Thaks ricky but (Happy right now is not one of my moods)

[Berta]

Stillhere-it is impossible to know what the VA will do-

I have seen them deny very probative claims and then award claims that baffled me.

With the 70% are you still employed? If not did you formally apply for TDIU?

"I also asked about my hearing / tinintus claim that I have sent in a form 9 and asked for this to be sen to the BVA. That appeal has been in since June 09 and she said something to the effect that because I sent in more supporting evidence that it was up for decission."

Sounds like they did the right thing here-

any claim in which I-9 was filed which also has more supporting evidence sent it-should certainly be adjudicated based on the evidence of record.

When a case is transferred to the BVA the VA must fill out a I-8 fprm stating they considered all evidence of record.

Much of the time some RO clerk checks the boxes off on the I-8 as yes, yes , yes, to indicate all of the steps were taken and the evidence was all considered.

Then their boss signs off on the I-8 and the claim is transferred to the BVA.

AS anyone who reads BVA decisions can see- this often overlooks evidence that the VARO never considered at all but wanted to get the claim off their books and gone to the BVA.They also state the Yes the VCAA letter was sent to the vet but the BVA often finds what they sent as VCAA letter was so prejudicial-the claim has top be remanded for a better VCAA letter.

They did the right thing in your situation by saying there are considering any evidence you sent in after the I-9 was filed for the hearing loss tinnitus claim.

I need a new crystal ball-the one I have is broken.

It said when I won my claim in April- the cash was on it's way.

But it couldn't tell me - in what YEAR it will come.

Edited December 21, 2009 by Berta

[Testvet]

I have to agree with Berta on this one my crystal ball has been broken for over a decade now and I can't find a new one rofl I started my claims in 2002 based on solid evidence the SSA awarded my SSD based on VA test results and doctor reports only, the VA has denied my claims for years only to have a BVA Judge award the claim in April 2009 which the VARO decided my heart problems are only 60% disabling when I am getting SSD based on them and SSD is not even aware of my PTSD diagnosis at 100% P&T my SSD is based just on CAD a ejection fraction of less than 30% 2 failed stents and a failed triple bypass

the VARO seems to never make sense even on clear cut evidence all you can do is wait until you get the award letter in your hands I have heard vets say their SO told them the VA has approved the claim to find out that just wasn't true and when they tell you they need 2 signatures many vets think it is because they are getting a big back pay check even denials need a supervisor to review them trust nothing but your own lying eyes when you open the envelope and see it for yourself my wife would not even believe them when I was awarded the 100% back in 2006 she waited for the check to be deposited before she made the offer on a home we wanted to buy, we lost the home we wanted someone else bought it that week end the VA deposited the money on the following Monday the house then had a sold sign on it now instead of being on the lake we are three blocks away in the long run it worked out better instead of a 2 story home we are in a ranch style house better for me

waiting is hard but it is best to see the award letter then you know what it states.....good luck and Merry Xmas