ptsd Nod-Dro-Post Dro-No Soc-Bva-Back @ Vamc: Can Someone Help!

[MPsgt]

I post on here infrequently but, love some of the knowledge/advice giving. Here it is. PTSD 70%, Migraines 10%, and Ring of the Ears 10% for a combined service connection rating of 80%. I was denied an increase to IU 30 Nov 2011. I submitted an NOD to receive a DRO dated 25 Jan 2011. I was never contacted about a decision or giving a SOC. I'm going through the appeal process with an American Legion VSO.

I then received a letter from VARO on 10 APR 2012. The VARO acknowledged my NOD claim. They contacted my previous employer (USPS) and acquired copies of disability medical records from SSA. I receive SSDI which is reviewed every three years. I receive a Federal Disability Retirement that doesn't meet my families needs. I inquired about Vocational Rehabilitation & Employment 09 AUG 2011. The VA Counselor informed me I wasn't ready to pursue VR&E services at the time. I speculated the VA Counselor wouldn't help me back into law enforcement. Due to the severity of my disabilities.

I also submitted an opinion letter from my Psychiatrist and treatment records from the VetCenter. I continue to be treated weekly at both locations and regularly take prescribed medications. A couple of months ago, I saw that BVA had made a decision on my claim dated 01 May 2012. It stated a decision had been made. I would receive the decision, along with my VSO, and that my medical records were sent to the VAMC, not the VARO. Which brings me to today, 06 SEP 2012. Should I have received a SOC before the VARO sent the claim to BVA? Would the BVA send it back to the VAMC? Forcing them to make an "obvious" decision on the claim. If not, is this considered a remand? I haven't seen the word remand used in any of the documentation to this point. Someone please help me understand!

[Berta]

“ I was never contacted about a decision or giving a SOC. “ ???

It appears you have good evidence for TDIU.

. “ A couple of months ago, I saw that BVA had made a decision on my claim dated 01 May 2012. It stated a decision had been made. I would receive the decision, along with my VSO, and that my medical records were sent to the VAMC, not the VARO. Which brings me to today, 06 SEP 2012. Should I have received a SOC before the VARO sent the claim to BVA? Would the BVA send it back to the VAMC? Forcing them to make an "obvious" decision on the claim. If not, is this considered a remand? I haven't seen the word remand used in any of the documentation to this point. Someone please help me understand! “

None of that makes sense to me.

Do you have the actual BVA decision?

If so can you scan and attach it here (cover the persona stuff) or give us the citation and docket number or it?

The BVA web site is down again but we could google and perhaps find the decision.

Has your VSO received a copy of it yet?

The I-9 appeal form comes with the SOC. But you didnt get an SOC ????? But did file an I-9?

Can you called the BVA to see what is what?

[MPsgt]

Do you have the actual BVA decision?

No, I haven't received a hardcopy. I didn't even know that the VARO had sent it to the BVA. I thought a decision would have been rendered at the lowest level i.e. DRO.

If so can you scan and attach it here (cover the persona stuff) or give us the citation and docket number or it?

The BVA web site is down again but we could google and perhaps find the decision.

No, I never received a citation or docket number. I didn't even know the BVA had a website regarding decisions.

Has your VSO received a copy of it yet?

No, he told me a couple of days ago. I would receive a decision/notice before he would.

The I-9 appeal form comes with the SOC. But you didnt get an SOC ????? But did file an I-9?

No, I never filed an I-9. I submitted a NOD specifically requesting a DRO. I never was informed about a "decision" by the DRO. My claim just showed up at BVA. The BVA made a "decision" according to Ebenefits and returned it to the VAMC. It further stated that me and my VSO will receive a copy of the "decision". Remembering, lag times vary for returns. This was 01 MAY 2012.

Can you called the BVA to see what is what?

Yes, if I knew the number & who to call. Remember the "decision" is no longer with the BVA. It's been at the VAMC for roughly the last four months.

Thank you so much for trying to help.

Edited September 7, 2012 by MPsgt

[Berta]

Sorry if my questions sounded dumb....this is a new one for me to read here.

I am surprised the AL rep didn't look into this for you.

This is the main BVA phone number:

1- 202- 565- 5436

Also this is the email for the BVA ombudsman:

bva.ombudsman@va.gov

This could be a small screw up or a major SNAFU!

"A couple of months ago, I saw that BVA had made a decision on my claim dated 01 May 2012"

Did you see this posted on ebenefits?

Have you filed an inquiry via IRIS?

Go to http://www.va.gov/, then click on the Contact Us button up top.

Then you will redirected to the IRIS system.

They will need some info and your C file number on the form and then you can ask your question as to the BVA decision and also ask for the status of your claim.

I always suggest to ask IRIS for an email reply instead of a phone call. If they call back,they can make anything up.

Email from IRIS ,as a hard copy reply,is better.

[MPsgt]

Sorry if my questions sounded dumb....this is a new one for me to read here.

I am surprised the AL rep didn't look into this for you.

This is the main BVA phone number:

1- 202- 565- 5436

Also this is the email for the BVA ombudsman:

bva.ombudsman@va.gov

This could be a small screw up or a major SNAFU!

"A couple of months ago, I saw that BVA had made a decision on my claim dated 01 May 2012"

Did you see this posted on ebenefits?

Have you filed an inquiry via IRIS?

Go to http://www.va.gov/, then click on the Contact Us button up top.

Then you will redirected to the IRIS system.

They will need some info and your C file number on the form and then you can ask your question as to the BVA decision and also ask for the status of your claim.

I always suggest to ask IRIS for an email reply instead of a phone call. If they call back,they can make anything up.

Email from IRIS ,as a hard copy reply,is better.

Sorry if my questions sounded dumb....this is a new one for me to read here.

I am surprised the AL rep didn't look into this for you.

This is the main BVA phone number:

1- 202- 565- 5436

Also this is the email for the BVA ombudsman:

bva.ombudsman@va.gov

This could be a small screw up or a major SNAFU!

"A couple of months ago, I saw that BVA had made a decision on my claim dated 01 May 2012"

Did you see this posted on ebenefits?

Have you filed an inquiry via IRIS?

Go to http://www.va.gov/, then click on the Contact Us button up top.

Then you will redirected to the IRIS system.

They will need some info and your C file number on the form and then you can ask your question as to the BVA decision and also ask for the status of your claim.

I always suggest to ask IRIS for an email reply instead of a phone call. If they call back,they can make anything up.

Email from IRIS ,as a hard copy reply,is better.

Your a dear. God Bless

[MPsgt]

There are six basic phases of an appeal:

• 
  Appeal Pending:You have initiated an appeal, but at this point your case is still with the local VA office that made the decision on your case. If you have questions about your appeal, please contact that office or your representative, if you have one.
  
  
• 
  Administrative Case Processing: After BVA receives your case, it is processed and stored in a secure location until it is assigned to a Veterans Law Judge (VLJ) based on your docket number, which identifies your place in the line of cases to be decided by BVA.
  
  
• 
  With VSO: This indicates that your Veterans Service Organization (VSO) representative has your claims file for review.
  
  
• 
  With VLJ: This indicates that a Veterans Law Judge has your claims file and will take appropriate action on your appeal.
  
  
• 
  Pending Dispatch:This indicates that the Veterans Law Judge made a decision on your appeal, and that BVA will mail the decision to you soon.
  
  
• 
  Decision & Claims File Dispatch: This indicates that BVA mailed the decision to you (and your representative, if any) and transferred your case to another location. Please refer to your Appeal Detail screen for further information about the specific location of your case.
  
  • Complete
    
  • Complete
    
  • Complete
    
  • Complete
    
  • Complete
    
  • Current
    

  Details about your BVA Appeal received on no date

  [*]Local VA Office of Jurisdiction: Louisville, KY

  [*]Power of Attorney: A - American Legion

  [*]Current Progress: Decision & Claims File Dispatch

  [*]Current Progress Description: Your case has been received at BVA, and BVA has mailed your decision to you (and your representative, if any) and will be returning your claims file to the VA Medical Center. Please note that transit times vary, and there may be some lag time between when BVA forwards your claims file to its appropriate location and when that location receives it.

  I have submitted an inquiry through IRIS a couple of weeks ago. They don't seem to respond to quickly. Go figure. I requested that a response be sent to my e-mail account. The Ebenefits website shows the date BVA made a "decision" as 01 MAY 2012.

Edited September 7, 2012 by MPsgt

[Gulfvet45]

I think you have some things about the appeals mixed up. you filed for a DRO ant to the BVA as you stated, so you claim never left the RO.

A DRO is done at your RO office by a SR rater. NOT at the BVA. The review officer will look over your file to see if any mistakes was make and make a ruling on it them send you a statement of the case (SOC) If you are not happy you can file with the BVA.

I post on here infrequently but, love some of the knowledge/advice giving. Here it is. PTSD 70%, Migraines 10%, and Ring of the Ears 10% for a combined service connection rating of 80%. I was denied an increase to IU 30 Nov 2011. I submitted an NOD to receive a DRO dated 25 Jan 2011. I was never contacted about a decision or giving a SOC. I'm going through the appeal process with an American Legion VSO.

I then received a letter from VARO on 10 APR 2012. The VARO acknowledged my NOD claim. They contacted my previous employer (USPS) and acquired copies of disability medical records from SSA. I receive SSDI which is reviewed every three years. I receive a Federal Disability Retirement that doesn't meet my families needs. I inquired about Vocational Rehabilitation & Employment 09 AUG 2011. The VA Counselor informed me I wasn't ready to pursue VR&E services at the time. I speculated the VA Counselor wouldn't help me back into law enforcement. Due to the severity of my disabilities.

I also submitted an opinion letter from my Psychiatrist and treatment records from the VetCenter. I continue to be treated weekly at both locations and regularly take prescribed medications. A couple of months ago, I saw that BVA had made a decision on my claim dated 01 May 2012. It stated a decision had been made. I would receive the decision, along with my VSO, and that my medical records were sent to the VAMC, not the VARO. Which brings me to today, 06 SEP 2012. Should I have received a SOC before the VARO sent the claim to BVA? Would the BVA send it back to the VAMC? Forcing them to make an "obvious" decision on the claim. If not, is this considered a remand? I haven't seen the word remand used in any of the documentation to this point. Someone please help me understand!