ptsd Ptsd

[11cvolley]

My lawyer's rep couldn't answer my question, so I was hoping someone here can. I been waiting for the BVA process to start. So I called the 800# and to my surprise the lady I talked to was very helpful. She said that my claim is with a rater and waiting on my SSA records, then the rater will be a decision. Does this mean I might not have to go through a BVA and the VA could go a head and grant my request for 100%/IU/TDIU or whatever?

[Philip Rogers]

Not to make you worry but the VA has been trying to get my SSA records for over 20 yrs and they were originally located in the same building, one floor down. Unless you requested a de novo review or a DRO hearing, you'll probably need to wait for the BVA. Have you filed a from 9?? and if so have you received a statement of the claim (SOC)?? If you filed a form 9 already and received BVA certification, you're headed to the BVA and at least a 2 yr wait. jmo

pr

[Berta]

"Does this mean I might not have to go through a BVA and the VA could go a head and grant my request for 100%/IU/TDIU or whatever?"

If the VA does get the SSA records, and you get SSDI solely for service connected conditions, it is possible the RO could award your claim at the regional office level.

Once an I-9 appeal is sent to the RO, it sure does not always mean the claim will have to go to the BVA.

My SMC CUE claim ,for example, was pulled from imminent BVA transfer because I raised this claim in my AO IHD claim, telling the Nehmer RO I had filed this CUE claim in 2004 and it was still pending at my RO.in Dec 2011 when they were working on my AO IHD death claim.

The Nehmer RO awarded it within the AO IHD award.It was not contingent to the IHD claim....it was filed long before the new Nehmer regs came out.

Also my initial 1151 claim, also set for BVA transfer, was pulled from the BVA stack and awarded ,when they got evidence from the General Counsel.

It happens a lot.