Can "they" Cancel An Appeal?

[OSC]

Can the BVA just cancel or negatively decide your appeal without input from the Vet or am I looking at a possible quick approval? Also my appeal was for a de novo review request by a new DRO.

Here is what I found on ebenefits. I have yet to receive any letter and have made an IRIS request for clarification.

Timeline of Your Appeal

Date of Progress

Progress

Progress Office

03/09/2012

Local VA Office Decision

RO

12/18/2012

Notice of Disagreement (NOD)

RO

01/09/2013

Appeal Pending

BVA

06/13/2013

Decision & Claims File Dispatch

BVA

Details about your BVA Appeal received on no date

• Local VA Office of Jurisdiction: Reno, NV
• Power of Attorney: For more information about Powers of Attorney, please refer to FAQs
• 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 also have a CUE claim pending which shows movement to PENDING DECISION APPROVAL. Both the Appeal and the CUE claim moved on ebenefits the same date of 06/13/2013.

From what I understand, it takes 2-5 years for an appeal to go through the system. I am looking at movement after only a few months.

Any guesses as to what is going on??

OSC

[OSC]

Here are the doctor’s notes from the C&P of April 2013 on the Hypertension. Since I had gone through my file page by page prior to the exam, I wrote down EVERY blood pressure reading from each page of my SMRs. Then when I went to my C&P, I gave him the list which I had compiled along with some other stuff which was all verifiable from the files he had on me. I made the file search easy for him because I had all the dates and readings.

3. Medical opinion for direct service connection

Choose the statement that most closely approximates the etiology of the claimed condition.

1. [X] The claimed condition was at least as likely as not (50 percent or greater probability) incurred in or caused by the claimed in-service injury, event, or illness. Provide rationale in section c.
2. [ ] The claimed condition was less likely than not (less than 50 percent probability) incurred in or caused by the claimed in-service injury, event, or illness. Provide rationale in section c.
3. Rationale: Veteran was diagnosed with hypertension in September 2005 in the Vista Web medical records. However review of his Service Treatment Records (STRs) finds multiple separated instances of elevated blood pressure at or above that required to make a diagnosis of Hypertension, indicating the veteran actually incurred hypertension while in service. Such elevated blood pressure measurements occurred on Nov 16, 1981 (150/60); June 25, 1982 (150/68); January 13, 1983 (140/68); May 14, 1986 (148/76); March 30, 1987 {148/88); and January 03, 1992 (157/93). Veteran states he started treatment for his hypertension in August 2003 after incurring a myocardial infarction; and denies any treatment for hypertension prior to that.

Here is a copy of the actual paragraph from the 1992 VA denial letter.

Service connection is denied for hypertension, bilateral hearing loss and left knee injury, as the evidence does not show that these conditions exist. You may submit evidence at any time showing that these disabilities were incurred in or aggravated by service or wore treated within one year after service.

I hope this is going to be enough to convince the VA for service connection.

OSC

[meghp0405]

hypertension rules differ between DOD and VA which I am sure you are aware of. Which diagnoses came first, the diabetes or hypertension? I know that plays on the decision of service connection.

Hope all is favorable for you!

The DRO has the authority to over rule a decision made by the VARO.

Edited June 29, 2013 by meghp0405

[OSC]

The VA has a date of September 2005, which is when I started seeing VA medical, in their Vista Web (medical problem list) for diagnosis of the Hypertension.

I had a previous heart attack in August 2003 at a civilian hospital and treatment included meds for hypertension.

The Diabetes was finally diagnosed in May 2010.

OSC

[FormerMember]

It's fairly obvious what has happened. VA is fond of telling you that it's at the BVA. Unless this was advanced on the docket a la 20.900 ©, it's stuck in limbo. I had the same thing happen. VA said Negatory. BVA has it. BVA said We haven't gotten it yet. VA then said Oops. It was farmed out to Atlanta RO for an AMC IMO/ redo. Next , it was No. It's still here in Seattle awaiting Form 8 and certification to the BVA. The backlog at 810 Vermin Ave. is out the door and all the way down to Constitution Ave. No way is that thing docketed in DC yet unless you are knocking on Heaven's door, OSC. Relax. Remodel the kitchen. Build the detached garage for the woodworking shop. You have plenty of time to prepare for the next big step after they get it and begin work. My guess is about a minimum of a year and a half from the date of filing the Form 9.

[OSC]

Breaking News (maybe)

At about 0930 this morning I received a phone call from the Reno VARO.

He (David) said he was calling regarding an IRIS email inquiry about my appeal. I emailed requesting some kind of an update because of the current and confusing action listed on ebenefits about my appeal and claim.

He confirmed that in fact the appeal and claim were decided on June 13, 2013 and were with the “Promulgation Team”. He explained that this stage is where they prepare the letters and authorize the money both for monthly payment and retros. I asked him how long this takes and he said no actual time is assigned but his guess based upon his experience is about 90 days.

He could not tell me what had been approved or disapproved, but he did say that there was an annotation of “New Evidence”, which I can only assume to be the latest C&P I had.

Hope I can report some happy news by mid September, keeping my fingers crossed.

OSC

[FormerMember]

Only rarely does VA give you the correct info. The brain-dead "technicians" who man the 827-1000 Prize Redemption Center have no clue what is afoot unless the info is ancient history. BVA usually does not award ratings unless your appeal is a denial of an increased rating. If they reverse the VARO, they can increase or rate appropriately. It still would go back to the RO for the write up and the actual financial revisions. The cash register is at the Regional Office. Sometimes I think VA thrives on handing out misinformation.