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Appeal Success!

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SomethingLost

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You know sometimes just appealing can trigger a win. Yet, I think most vets do not appeal denials or low ball ratings. I wonder if this is on advice of VSO's.

if they cant fabricate a believable story out of all of thier other fabrications, they have no choice but fold.

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I am curious to know when discussing the "appeals process" with timeframe to completion. This timeframe starts when the initial claim is filed, or when the NOD is filed? Also is there any way to track the status of a DRO? outside of ebenefits? And IRIS?

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  • HadIt.com Elder

Congratulations on the win, 'SomethingLost'.

RE: "NYNurse 1124", The timeframe (clock) starts when the initial claim is filed. I filed in 2008. I was denied 2009. I filed Notice of Disagreement (NOD) 2009... fast forward to BVA hearing mar. 2013. Rescheduled by VA till May 2013 Case sent to BVA. sat there till last month Just heard the BVA Judge started reviewing it. Don't know how long that will take for a decision . Still waiting... I hope your's goes faster.

Good Luck.

Cmdr. Bob

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Thank you, everyone for your kind replies and support. I am still waiting on a rating decision from the RO, but I just have to keep reminding myself that the hardest part is done. I was very shocked about the Personality Disorder dx and it makes me sad to see just how much it seems this diagnosis is used to deny benefits due. If that's the way they want to shake it, how do they justify that it took longer to take the MH screening tests in Basic than the C&P? You'd think the initial enlistment screening would be more intense, but no. It leaves only one logical conclusion.

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You know sometimes just appealing can trigger a win. Yet, I think most vets do not appeal denials or low ball ratings. I wonder if this is on advice of VSO's.

Personally, I think vets do not challenge rating decisions with an appeal because once they do, that triggers a new compensation exam of ALL RATED DISABILITIES and this is a threat to present SC rating. There is potential that a new exam could inappropriately result in different findings and lower ratings. It is about confidence in the entire process...quite challenging and overwhelming, especially for vets that are thinking of appeal a decision for the FIRST time. God knows there are Iraqi and Afghanistan and other combat vets that need to appeal those low ball ratings.

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