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

How Many People Are Waiting On Appeal?

Rate this question


retiredat44

Question

How many people are waiting on appeal, and how long has your appeal been pending for an answer of approved or denied?

I am in month 5.

Appeal sent in about Novemember 2009, with help of my VSO.

=============

Not in appeals, since I got 100%, and some of it was winning an 1151 negligence, which the VA turns out does not give ful benefits if you win 1151 negligence they squirm and legal loophhole you and your family out of many benefits, really crapp nasty bunch running the va benefits, they wil backstab and scre wyou even if you win you lose. May 2021.

01-01-11_My_Medical_Records2.jpg

Link to comment
Share on other sites

  • Answers 110
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Filed original claim at the Oakland RO in June 06. Denied twice. Claim sent to BVA on Jan 09. Have a doc date of Jan 08. They are working on second quarter of 06. Good luck...maybe I'll get a remand in the next 5 years...oops, I guess thats wishful thinking on my part.

Filed in Feb. '03, Travel board hearing 11/08....went to AMC, now back at BVA with strong positive evidence added that VSO didn't forward (we did).

Claim was docketed in '05 so......if you are correct, hopefully we won't have too long of a wait for a decision. Original VLJ is supposedly the same

one who will review the claim for decision, a big plus on our part.

How did you find out that BVA is working on 2nd Q of '06? Curious minds want to know. :D

VetsLady and, Proud to Be

Link to comment
Share on other sites

I was truly thinking the average appeal would be about one year, no more than two tops. WOW! this is really sad..

Not in appeals, since I got 100%, and some of it was winning an 1151 negligence, which the VA turns out does not give ful benefits if you win 1151 negligence they squirm and legal loophhole you and your family out of many benefits, really crapp nasty bunch running the va benefits, they wil backstab and scre wyou even if you win you lose. May 2021.

01-01-11_My_Medical_Records2.jpg

Link to comment
Share on other sites

Filed 2003 , denied, denied,denied then awarded April 2009.

They just starting paying the retro last month so it took almost 7 years and there is still an issue pendng.

Past claims- re-opens of my husband's 2 pending claims at his death- early 1995-

awarded-one in 1997.One in Jan 1998. They made BIG error regarding that retro but fixed it in 2003.

The evidence would be considered a preponderance.

They (RO level) just didn't want to read or consider it.

My former reps would not support me when I kept saying my VCAA letter was illegal.

I never received a proper VCAA letter from the VA.

Those former reps are gone (except one who was demoted)

I made one up myself and followed it.

The BVA found the VA had committed error on my VCAA letter but my evidence overcame the error.

If you get a proper VCAA letter and send them (with proof of mailing) exactly what they want- the claim should go faster then mine did.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • HadIt.com Elder

I think vets who appeal and continue to appeal win in the end. Most give up I think. You need to appeal and then modify your appeals based on new evidence to rebutt VA reasons for denial. I have won on almost all my claims but it did take years of appeals. If you have decent evidence you can win, but you have to keep at it.

Link to comment
Share on other sites

  • HadIt.com Elder

Claim for increase for PTSD in 1993, got increased from 10% to 30%. Disagreed etc several times, then in 1995 appealed to BVA, was Remanded back to VARO for another C & P. Won increase in December 1998 to 50% with 60+ months backpay.

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

    • kidva earned a badge
      First Post
    • kidva earned a badge
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • 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.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use