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Claims Timeline With Attorneys On The Case.

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DANDMAN3

Question

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.

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Once again I am grateful for the concerns and replies......so far I am liking this forum.

For everyone info I dug out some recent letters from my attorneys and I also emailed/talked with them.

They recently (Nov 20110 requested my claims file and are awaiting on its arrival concerning my NOD of the effective date on my last rating.

In a Nov 3rd ltr to DVA regional office they filed the NOD for the effective date and at the same time filed a"SUBSTANTIVE APPEAL" to the "statement of the Case" they received on 31 Oct 2011 for my original case to increase my disiability from 20% to 100% due to TDIU.

Looks like a waiting game as everyone knows. Does this sound about right to everyone. Am I looking at 2yrs or more. My contact and contract started with this attory started in March of 2011 and he is at the

"SUBSTANTIVE APPEAL" part of my case. Hopefully that is a good thing and I will have my day in court soon.

Again. I am grateful and happy with all the replies and concerns....God bless one and all. Wish I had found this site sooner.

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  • HadIt.com Elder

I could maybe give a better guess at a timeline if I knew if you were headed for an appeal to the BVA or DRO. It could be less than two years if you are going to the DRO. However, it is anyone's guess. I had a BVA hearing within one year of my appeal and a BVA remand that took just three months. My original claim to the VARO took two years. If you get TDIU or 100% out of this it will be worth what you pay lawyers.

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