Appeal On Presumptive List Now

[vetinpa]

I have two issues that were filed over 5 years ago, they were denied, I did the letter notice of disagreement on time. I have since had a different claim decided about one month ago by local office, it was approved, however these two claims from 5 years ago is still laying in limbo. The items in these old claims have been put on a persian gulf presumptive list.

Since they are now on the presumptive list, do they have to go through the appeals process or can the local regional office make a reverse decision on the claim, if so, how does one go about it? or does it have to go through the VBA?

When I call to discuss them, they have the excuse of the recently decided claim as the hold up, however, these two were 3-4 years old and should have been to the BVA well before this recently decided claim was even filed.

What are my options to get these two claims moving, they even said in my recent granted claim that they were not addressing these two issues in the decision. These two claims are still at the local regional office.

Thanks

Edited April 22, 2011 by vetinpa

[john999]

If they are on presumptive list the only question should be degree of disability. Do you have a VSO? The RO should be able to rate these issues.

[vetinpa]

Yes I have an RO, I will have to call them and see what they can find out for me. Thanks for the answer.

[Guest]

Since they are now on the presumptive list, do they have to go through the appeals process or can the local regional office make a reverse decision on the claim, if so, how does one go about it? or does it have to go through the VBA?

The local VARO may force this claim to go to BVA (Appeals Board) because they may not want to pay the retro payment.

[Berta]

Do you mean you claimed disabilities that are on the newest GWV presumptive lists?

Larry's post has the press release and I did a SVR radio show on these conditions available in the SVR archives here.

Or you mean the original GWV presumptive list-

I agree with John -if these are documented disabilities on either GWV presumptive list the RO should be able to rate them.

But John mentioned a VSO - who might be able to find out what is really going on.

[vetinpa]

I filed two claims before the presumptive list came out, the local office denied both claims, so these issues were never decided, put on the back burner to be sent to the VBA.

After the presumptive list came out, one of them was in the claim that the DAV filed on my behalf, however, the local office did not and stated that they did not address the issue. Or the other one that the DAV did not list.

Can the VARO be forced to review and issue since it is on the presumptive list, can it be pulled from the BVA list, since it has not left the local office yet anyway?

[vetinpa]

I got another denial from the local regional office, my stuff is now at the BVA, RO stated that although evidence is compelling, blah, blah, blah, they still denied it. Now it has a 2008 docket number at the BVA, says on ebenefits that it is with a veteran law judge, but the status line folks say it is not? Not sure who is correct there. I was at the VA hospital about two weeks ago, both the physcians I see stated that I should file an unemployability claim, My response is I wanted to see if the BVA gives me a favorable decision. Does the BVA take a different approach to presumptives?