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EODMOMMY

Bva--how Long On Average For A Decision?

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I finally got my husband to call the VA to find out the status of his appeal. The lady was shocked, because it is listed as with the Decision Officer and it has been for two years! She didn't want to have it pulled, because you know what happens then, you go down to the bottom of the pile. But she made a note (at least she said she did) in the computer about it.

On average, how long does it take for the BVA to come down with a decision? I finally got a copy of a letter from our primary doctor saying that my husband's condition is chronic and it started while he was on active duty. It was faxed to our State VA Rep. who is suppose to represent us and send this info to Atlanta, but I am not impressed with this guy, he is the second one we have had, neither one ever communicated with us. But I have no idea if they BVA ever received the letter. Would it be wise to send another copy straight to the VA?

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Maybe this would help- I am describing the IMO I got from Dr. Bash.

Berta,

Thanks for the info. I am going to have to print it out and hand it to the doctors and ask again for a new letter, especially the cardiologist, since he has treated him while he was on active duty. To me that would be a slam dunk. Of course knowing the VA, they will say that their doctors didn't find anything wrong. Well you wouldn't if you didn't do any of the common tests.

Well, I am back to listening to my daughters fight about something....AGAIN!!! I can't wait till school is back in session.

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Guest frank

I finally got my husband to call the VA to find out the status of his appeal. The lady was shocked, because it is listed as with the Decision Officer and it has been for two years! She didn't want to have it pulled, because you know what happens then, you go down to the bottom of the pile. But she made a note (at least she said she did) in the computer about it.

On average, how long does it take for the BVA to come down with a decision? I finally got a copy of a letter from our primary doctor saying that my husband's condition is chronic and it started while he was on active duty. It was faxed to our State VA Rep. who is suppose to represent us and send this info to Atlanta, but I am not impressed with this guy, he is the second one we have had, neither one ever communicated with us. But I have no idea if they BVA ever received the letter. Would it be wise to send another copy straight to the VA?

[/quothii have a question,if the decision officer,has the case,and lady at va stated she did not want to pull the appeal,that would nean it never left va? because decision officer is at va not bva ? frank

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
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    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

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      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
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