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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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Roly

Nod Long Delay, Any Hope, Advice?

Question

What can I do?

Following the usual amount of delay and steps, in 2008 I was awarded 30% PTSD disability effective 6/2006 for traumas experienced in Vietnam. This added to my earlier tinnitus 10% for presently 40%. I did not agree and submitted (through American Legion service officer) a NOD, somewhere around 3/08. They sent a letter of denial before my year was up, and before three letters of support that I provided were added to the file. I had provided a letter from my wife, one from the only friend I have kept in contact with from before Vietnam, and one from the therapist I had been seeing via Seattle Vet Center for a year. I sent in a Form 9 about a year ago.

So, I checked with my service officer about status today, also asking if I ought to go to my Senator's office to appeal, and was informed the following:

"They are preparing your case for a travel board hearing which is when a judge comes up from Washington DC.

Now your Form 9 is dated 2/26/09 and right now the hearings we have are from the year 2005. Again, appeals can take a long time. Your file has to be shipped to Washington DC and put on their docket. They are worked on the order received; right now in the recession there is no way to expedite an appeal or even a claim.

Again, if you contact Senator Murray or Cantwell, the whole entire process stops. Your file will essentially go back to the bottom of the pile once the Senator is finished reviewing your file and making any necessary actions. However, that is your decision to make."

It seems like maybe I will get a hearing in about 5 years. It seems like my service officer is similarly as passive as many VA employees.

In the vast experience of contributors to this forum is there any advice or helpful comment?

Thanks a lot, Roly Washington State, previously Danang, Saigon, Westpac

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3 answers to this question

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The wait for BVA Hearings are generally always long, 1-3 years for many.

Then even after that you can end up with a remand - that's better than a denial

but it's still no answer and just more waiting.

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Roly what you are going through is the norm and nothing that all of us on appeal to the BVA are going through. My form now has been in since June 09 and has not moved one iota since then.

Patience is the only thing that I can see here on our side. If you have other issues I would go a head and submit claims like I did they will get worked and the appeal will just have to wait.

While my appeal has been in I have been awarded for other issues and I am at 100%+housebound now and the appeal just sits.

Getting the congress critters involved just slows down what you are trying to do, and that is speed up your claim.

Wish I could tell you different but that is the case.

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Hang in there, Roly.

What can I do?

Following the usual amount of delay and steps, in 2008 I was awarded 30% PTSD disability effective 6/2006 for traumas experienced in Vietnam. This added to my earlier tinnitus 10% for presently 40%. I did not agree and submitted (through American Legion service officer) a NOD, somewhere around 3/08. They sent a letter of denial before my year was up, and before three letters of support that I provided were added to the file. I had provided a letter from my wife, one from the only friend I have kept in contact with from before Vietnam, and one from the therapist I had been seeing via Seattle Vet Center for a year. I sent in a Form 9 about a year ago.

So, I checked with my service officer about status today, also asking if I ought to go to my Senator's office to appeal, and was informed the following:

"They are preparing your case for a travel board hearing which is when a judge comes up from Washington DC.

Now your Form 9 is dated 2/26/09 and right now the hearings we have are from the year 2005. Again, appeals can take a long time. Your file has to be shipped to Washington DC and put on their docket. They are worked on the order received; right now in the recession there is no way to expedite an appeal or even a claim.

Again, if you contact Senator Murray or Cantwell, the whole entire process stops. Your file will essentially go back to the bottom of the pile once the Senator is finished reviewing your file and making any necessary actions. However, that is your decision to make."

It seems like maybe I will get a hearing in about 5 years. It seems like my service officer is similarly as passive as many VA employees.

In the vast experience of contributors to this forum is there any advice or helpful comment?

Thanks a lot, Roly Washington State, previously Danang, Saigon, Westpac

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