Still Waiting For Bva

[grent]

STILL WAITING 4 1/2 YEARS NOW FOR MY FORM 9 NINES TO BE CERTIFIED BEFORE THEY GO TO THE BVA.

I HAVE A COUPLE OF SEPARATE ISSUES PENDING BEFORE THE BVA. I HAVE A LAWYER EVERY TIME I CALL HIM THEY TELL ME THEY ARE IN WAITING MODE.

I CALL THE LOCAL VARO THEY TELL ME THEY ARE WAITING FOR MY FORMS NINES TO "CERTIFIED" BEFORE THEY GO TO THE BVA. 4 1/2 YEARS I HAVE LISTENED TO THIS BS.

LAST MONTH OUT OF NO WHERE A VARO I DONT EVEN DEAL WITH SENDS ME A LETTER AND STATES I NEED TO FILE YET ANOTHER FORM NINE DIDNT MAKE SENSE TO ME

OKAY HUM?? FOUND SOME OF MY FILE WAS FARMED OUT TO ANOTHER VARO DUE TO OVERLOAD.

ANYWAY I FILED THAT FORM NINE WITHIN THE 60 DAY LIMIT RETURN RECEIPT GREEN CARD I DID NOT BOTHER TO CALL MY LAWYER .

STILL NOTHING.------------- 4 1/2 YEARS FIVE MOVES LATER .

ANY THOUGHTS WOULD BE HELPFUL.

SORRY FOR THE LARGE TYPE MY EYES ARE GONE.

[Pete53]

If you have a lawyer get him on the claim. If you don't you need a Writ of Mandamus to make the VA move, Something is rotten in Denmark

The same thing happened to me when my BVA claim sat on an empty desk for 2 years.

[grent]

Okay will try that see what happens.

I have another question for Pete.

When I was on TDIU and my lost records were finally found ( i went without VA benefits for over 20 years ) I filed the lost records with the VA immeadiately SPOKE TO JIM STRICKLAND, claimed 38 cfr 3.156 and got a lawyer through Jim Strickland.

What happens next just blew me away. Big brown ENV shows up, oh about 3 weeks later. (HUM I'M THINKING SHAM WOW THATS TO FAST??) Now you can't do anything without a comp and pension exam or file a new claim. I just sent in the lost records from NPRC with a letter stating these are my lost records and during the twenty year period my records were lost i continued to file claims and you took no action AND I WENT WITHOUT MY VA BENEFITS.

THE VA SENDS ME A BRAND NEW RATING LISTING ALL KINDS OF NEW SCS WHICH OF COURSE THEY TOOK FROM THE LOST medical RECORDS. How come no C and P exam???

THEY ALSO VERY QUIETLY REMOVED, WELL REVOKED MY TDIU AND GAVE ME P AND T SCHEDULER RATING OF 100% and the way the rating math looks now well back then, according to the DAV ( they sent me a letter to ) it looks like now I may be entitled to SMC. But since i have a lawyer the DAV took off, that was about oh five years ago something like that.

That just blew me away.

Every one I talked to was surprised the VA did that administrative action normally a person would be scheduled for C and P. Then yet another letter comes in the mail now they tell me since I am rated TB that I may be even further

retro payed for the traumatic brain injury. I figured my own math out, so thats 2 SHAM WOWS IN THE SPACE OF A MONTH?? The VA has their own math why can't I have mine??

Kind of funny now both sides of my head are filling in completely with gray hairs my beard has turned completely white now . I feel like I'm on that that prison island in that World War II movie Passage to Marsille with Humphrey Bogart.

Every couple of years I get a letter saying we are working on your claim and its always from a different VARO every time. I later found out my records were broken down and farmed out to different VAROS.

I called the VA hot line the VA phone person tells me my records were broken down because VA is currently down - sizing staff? DOWN - SIZING ???? I keep thinking of that commercial SHAM WOW. Okay something new here.

Is this something new here taking veterans off a TDIU then awarding P and T without any further administrative action. Has this Happened to any other VETS in the Forum you know of?? With lost records??

Why did the VA do this? Just beyond me.. But then again I look at the VA from the perspective of being a captive audience what you see, is what you see and thats it.

PETE ANY THOUGHTS HERE??

Thanks Again for any help .

[stillhere]

Certainly a lot of shams there??

I have had my form nine in and waiting for certification since June of 08!

I also have been awarded 100% P/T and SMC-s since November 09 when they added IHD I filed right away.

Looks to me like they are just totally ignoring anything about my appeal since I have been awarded 100%. I try and not worry or think about it any now but this should be addressed even if I am at the max award at this point.

Will be interesting if this is ever taken up before I die! hey if not my wife will get it all!

Good Luck to you!

[john999]

Grent

Did you not say you are 100% P&T?

[Mr cue]

hope you have a copy of that form 9 it sound as if va has never creifty your appeal to bva did same to me for 9 yrs

i would be happy they change it form iu to 100% p/t

i have 60% iu p/t . it better for you and it sound as if there aware they mess up. when they do they try to gave u something hoping u go away.

[grent]

Grent

Did you not say you are 100% P&T?

AFTER MY LOST RECORDS WERE LOCATED I SUBMITTED THEM TO THE VA. COUPLE OF WEEKS LATER BROWN ENVELOPE ARRIVES. IT DOESNT SAY THAT THEY REVOKED MY TDIU . IT JUST SHOWED THE NEW RATINGS

HOW MUCH PERCENTAGE THEY GAVE ME AND SAYS I AM PERMANENTLY AND TOTATLY DISABLED. 100% .

THEN ANOTHER LETTER CAME SAID SOMETHING ABOUT TRAU BRAIN INJURY AND BEING ENTITLED TO RETRO PAY FOR THAT ISSUE I SENT THAT TO MY LAWYER TO.

I CALLED THE DAV UP THEY TOLD ME MY TDIU WAS REVOKED AND P AND T 100% SCHEDULER WAS AWARDED. THEN THE DAV VERIFIED I CAN MAKE AS MUCH MONEY AS I WANT AND I WOULD STILL GET MY 100%

BECAUSE MY TDIU WAS REVOKED.

I ASKED THE DAV WHY THE VA QUIETLY DID THAT REVOKED MY TDIU AND AWARDED ME 100% P AND T WITH OUT COMP AND PENSION EXAM.

NOT SURE IS WHAT THEY TOLD ME AND THEN THEY SAID SINCE I HAVE A LAWYER OUR CONVERSATION HAS TO END THEY ARE NOT ALLOWED TO DISCUSS ANY THING FURTHER WITH ME.

I MUST BE REALLY PERSONANA NON GRATA I'M A SENSATIVE 7 NOW AT THE VA

WHY I HAVE NO IDEA?? THATS WAS MANY YEARS AGO TO.

THAT WAS OH ABOUT SIX OR SEVEN YEARS AGO. SOMETHING LIKE THAT.

I DON'T KEEP TRACK ANY MORE UNLESS I HEAR FROM THE VA.

EVERY YEAR A DIFFERENT VARO GETS MY CLAIMS FOLDER