How Many People Are Waiting On Appeal?

[retiredat44]

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.

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[Capt.]

Hello Retired, Well Peter said it well. You will be going to the BVA which is to your benefit, so that evidence will get presented and hopefully to those who can read. The reason you should search for the evidence of where you were stationed from agencies such as I listed and the EPA is just to reinforce what you have. Once again they are looking for wiggle room to narrow your exposure chances. This is easily shot down by your IMO or the evidence or both. Don't feel bad the VA does it to everyone , me included. They even used this ploy that you mentioned they are using on you.

"The rating decision states that no specific details were provided about the manner and extent of exposure. An exact quantifiable extent of exposure is , of course, unknown other than the fact that is it lasted about 18 months.The manner of both inoor and outdoor exposure was the same as it is for any victim of environmantal toxins: via drinking contaminated water and continuously breathing contaminated air as well as absorption of toxins through the skin and other membranes". This statement was listed in my NOD to the RO and should address your problem as well. Trying to slam the door on these VA fishing expeditions is what you have to do. Do not let them open these doors as once open they can be dangerous if this type of reasoning is allowed. Stop it at the source before they can use it.

Hope this helps Retired , just keep on fighting with them as it is the only way to prevail. You will win so just keep on swinging at them. You have plenty of time to gather more evidence , maybe some of my suggestions as given to help you later at the BVA where someone there knows how to read.

Remember above all ......NEVER GIVE UP. God Bless, C.C.

[caubulldog]

Still waiting on Amc to either rate my increase for my right knee or send it to board for final decision.During the meantime I have had a scope to correct some damages to this knee so if board see it again I will be sending updated medical report to them.

[SLEDGE]

Going on 32 years.

We just sent another brief to the Court.

sledge

[hawkfire27]

Chapter 35 DEA education benefits appeal, 13 months and counting still waiting for a video conference hearing date to be set. Local VARO is albuquerque

Edited February 28, 2011 by hawkfire27

[retiredat44]

Unfortunately the DRO may not review new medical evidence, even if you tell them that there are new records in your file. Just be prepared to fight back.

MY VSO explicitely told me that the DRO would get the new evidence from my VA medical records when I tell/told them I have new evidence.. it just so happened when I had my DRO hearing, I told both my VSO and the DRO hearing officer I had anew appointemnt with a VA neurolgiist 2 weeks after the DRO hearing and there would be new evidence. I then repsonded to my SSOC letter(s) with the fact that I had a new evidence at the VA, but the DNA test would have results in about 6 weeks... that 6 weeks has now passed (it has been about 8 weeks).

The damned DRO keeps sending me letters...

My VSO told me there is no need for me to go get copies of my VA medical records, as the DRO can/will ge tthem from the VA. I wrote that in my letter back to the DRO...

I have about 6 issues in my claims,,, so I am ready for them (DRO) to shut up, get to work, or send it on the the BVA...

I supplied more than enough evidence...

Edited February 28, 2011 by retiredat44

[carlie]

I have about 6 issues in my claims,,, so I am ready for them (DRO) to shut up, get to work, or send it on the the BVA...

I supplied more than enough evidence...

retired,

They DRO won't just send it on to the BVA.

They have to complete the appeal, as far as the VARO level of adjudication goes.

Then a Form 9 is filed.

(This will start your 2-5 year wait for resolve.)

Then more stuff has to happen prior to certification to the BVA.

Then the claims file has to be transferred to BVA.

Then..... just more waiting.