Claims Timeline With Attorneys On The Case.

[DANDMAN3]

Got rated and comp back pay (???) in Dec of 2010...final rating was 20% (OMG) for Ishemic Heart Disease (IHD) due to AO exposure. Had a triple bypass in 2005. Also, I was already drawing 10% for an in the Army injury. I promptly contacted a law firm and the took my case in Fed of 2011andnthey said they could get closer to 100% since I am totally unable to work.

Have not had a lot of interaction other than passing some forms from VA back and forth. I was told at one point by an assistant that I may have a Fed 2012 court date but can't find it on the Appeals court docket.

Anybody got any advise??How long with a lawyer does/can this take.

Got a letter from NVLSV(?) stating I should investigate the effective date of the rating. I contacted my attorney and he filed a NOD in Aug 0f 2011. Have not heard anything to date about that issue either. Can anyone shed some light on this matter. When NVLSV contacted me they kinda indicated this would not be along process.

Any advise and info would be greatly appreciated. I lost my home of 17years in Oct 2011 to foreclosure and am in dire straits.....God Bless America.

[Papa]

Dandman3,

You need to call your Lawyer and tell them that you are financially hurting. They may then try and get the VA moving. I thought there were some type of Government program that would help Vets who were about to foreclose. This should not be happening in our country. May I ask, but where are you staying? Maybe others will have some ideals that will help you more.

Papa

[john999]

Where did you find this lawyer? When you have to tell you own lawyer to file a NOD that seems strange.

[Berta]

“I was told at one point by an assistant that I may have a Fed 2012 court date but can't find it on the Appeals court docket. “

That doesnt make sense. BVA denials can be appealed to the US Court of Veterans Appeals but this sounds to me like you are appealing a VA Regional Office decision.

“Got a letter from NVLSV(?) stating I should investigate the effective date of the rating. “

Absolutely. Their review of the proper EED is free.

The AO email addy info is in this link along with the info they need from you.

http://www.nvlsp.org/Information/ArticleLibrary/AgentOrange/AO-VABeginsReview.htm

Have you checked on the status of the NOD or at least gotten confirmation from VA that they got it?

You could use ebenefits or the 800 number (1-800-827-1000) but their timely receipt of the NOD is SO important I would use IRIS if I were you (this is at the main VA web site ,http://www.va.gov/ -click on the Contact Us thing and they will take you step by step. ) Ask for an email or snail mail response so that you have hard copy proof of what IRIS says.

The lawyer sure cut it close when he filed the NOD almost a year after their decision.

[DANDMAN3]

Thanks to all for the replies. FYI I am ok and living in a rented home in WV. All NODs were filed promptly as soon as info became avilable from VA and NVLSP. I received my initial VA Comp ltr and check in DEC 2010 after a long process throughout 2010 with a final rating of 20%. I contacted an attorney and they filed a NOD promptly although I had already filed one. This was to establish the fact that they were going to appeal my case to obtain maximum benefits. The other issue with the EED came late last year (2011) when I got notice from NVLSP that I should look in to this matter. My attorney took this action on also and filed another NOD on this matter. I fired off an email to them today demanding a status update on both issues. My main question is....."am I pushing them??" I know it is a long process.

PS: I have another issue coming out I invite all to comment on....this one is unbelieveable!!!Catch 62!

[john999]

Where is your claim right now? Claims go from VARO to the BVA and then can be appealed to CAVC. This in itself takes years. You get remands all along the way usually. You can get into federal court but this is after all the other avenues are exhausted. I guess what I am asking is where is your claim now in the appeals process?

[71M10]

I am going to go out on a limb on this one.

From what has been posted I am guessing he has a DRO hearing in February 2012.

Since no SOC is mentioned it sounds like this is still at the regional level. If this was NODed in 2010 would he be on the docket already?

Best regards,