Appeal Success!

[john999]

I was rated 10% in 1973. Due to many circumstances I did not file an appeal. I can tell you I regret it. The VA was very hostile to vets with MH claims in those days. Perhaps I felt I was lucky to get even 10%. I did not understand the system at all. I do not even remember filing the claim. I did not have a VSO as far as I know. If I did they never contacted me. With the evidence I had if the VA had even looked at it I should have gotten a much higher rating. Years later I am trying to CUE that evil low ball rating. I am losing so far. The moral is to appeal every rating if it is not what you think you deserve. Once your claim becomes final you are pretty well screwed.

[SomethingLost]

Does anyone know how long it usually takes from the point of winning the appeal to the time you get your rating from the RO? I know there is no precise answer, but a ballpark would be better than what I have now. I'm not retired, so there shouldn't be any hold up with DFAS or anything. The worst part of this stage is your appeal status has been settled in ebenefits and there is no way to track whatever stage this is.

I keep checking the letter generator every day, or a few times a day, but that's the only thing I have to go off of from here.

-SomethingLost.

Edited April 17, 2014 by SomethingLost

[SomethingLost]

I just wanted to post an update in case anyone was watching or will hit this post with a search in the future for some sort of a timeline of ratings after appeal success. I received my appeal success letter from the BVA on 28 March 2014 but am still waiting for a grant of rating from the RO. An inquiry through IRIS was returned with the answer that no status can be given at this stage of the process. No timeline for completion, no way to track other than check benefit letter through letter generator on eBenefits or wait for the BBE to eventually show up.

-SL

[john999]

I don't know of any timeline for an actual percentage rating after success at the BVA. I think that is happens pretty fast in the VA Time/Space world. That means 3 to 6 months but not definite. When you get the actual percentage if it is not what you think you deserve and you have the evidence then appeal it. The VA often starts with the lowest rating and during subsequent appeals and claims for increase it goes up. I say get new evidence and keep the ball rolling right away.

[doogie]

Hello1 DO NOT GIVE UP APPEAL.APPEAL,APPEAL

Thats what i did for 27 years.

I actually got disgusted and closed my case for 6 years because i never thought i would get connected.

Then in 2010 i gave some minor new evidence and the VA reopened my case.Still three more denials.I requested a C&P for PTSD

and they granted it ,finally anxiety reaction and unstable personality were diagnosed which was the diagnosis in 1966 PTSD and i got a 30% rating for that.

Also at issue was a heart disease claim from the same hospital in 1966

Please do not give up,especially with the problems at the VA now coming to light

After getting 30% SC for PTSD i began to persue denials of my heart claim and with evidence alot of it ,still denied again i asked for a in person HEARING .Two and a half years later i got a letter saying the hearing was in OCTOBER this year.

by that time i had gotten a good lawyer to represent me and i never had to go to the hearing.

The judge called my lawyer and everything was settled over the phone

I had received 100% scheduler for my heart claim and 50 % ptsd with all CHAPTER 35 benies.

If any case is relevant to keep fighting, this is it.

I got 6 figure back pay and am treated quite differentl by the VA Also they were stating in my award letter that my case was now closed and considered settled

I guess they got tired of me [who knows]

[SomethingLost]

Thanks, John and Doogie. I appreciate your kind words. Once I get my rating I'll post back and update everyone. Then I guess it will be time to decide whether another appeal is warranted or not. You'd think I'd be a little better at this waiting thing. Us vets sure get a lot of practice!