Ebenefits Said A Decision Has Been Made On My Claim!

[Ryguy]

Ok, so today a decision was made on my claim according to Ebenefits. I tried doing research but I'm assuming i'm in a remand and my appeal wasn't approved?? Could someone verify this is what ebenefits is saying. Below is a cut/copied version of my claim. Any information is much appreciated!!

04/15/2009 Local VA Office Decision RO 12/03/2009 Notice of Disagreement (NOD) RO 12/16/2009 Appeal Pending RO 01/04/2012 Statement of the Case (SOC) RO 01/13/2012 Substantive Appeal (Form 9) RO 11/08/2013 Certification of Appeal RO 03/04/2014 Received by BVA BVA 03/04/2014 Administrative Case Processing BVA 03/04/2014 With VLJ BVA 03/11/2014 With VLJ BVA 09/15/2014 With VLJ BVA 09/16/2014 With VLJ BVA 09/23/2014 With VLJ BVA 09/30/2014 With VLJ BVA 10/02/2014 Pending Dispatch BVA 10/02/2014 Decision & Claims File Dispatch AMC

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 Appeals Management Center or, if represented by an attorney, the Regional Office. 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.

Edited October 3, 2014 by Ryguy (see edit history)

[jbasser]

Check downolad letters section, It may give you a clue.

J

[Ryguy]

Ok, i'm checking it right now!

[Ryguy]

I don't see any letters, just the regular Civil Service Letter, and the one that states the amount of benefits I currently receive.

[Fat]

Good luck........... Congrats

[Gastone]

RY: I hate to say this, "It is what it is." You have entered an area that I haven't seen covered in my past 4 years of VA Appeals research. I don't have the numbers, but it has seemed to me that a VERY large number of BVA and CVA appeals get remanded back to the VARO for further "Development." I don't have a clue on the number of remands where the Vets had an attorney. Just my gut on this but I would venture to say I think the lions share of Remands are on appeals without VA accredited lawyers. For better or worse, you will eventually find out what is going on. If you already haven't done so, consider getting a couple FREE Legal Consults with VA Accredited Appeals Attorneys. It certainly can't hurt and might give you some real unemotional incite. Good Luck!

Just for information purposes, how did you decide to skip the DRO Review Hearing process? If I'm following your time line right, you filed NOD 6 days after Denial (12/3/09) and decided on BVA. Carrying the naughts, it appears you had to wait 45 months to get a remand? I would think if any of your claim had been granted, you would have been notified but it doesn't appear that any issues were granted, right? What is your VSO Appeals Rep's opinion?

Semper Fi

Gastone

[Ryguy]

Well i deal with the vfw, and i just follow what they recommended, she said the bva appeals was the next step. Just from the sounds of it i hope im granted something but im not sure of this from the sounds of it

[Gastone]

RY: It appears your the victim of the "Bums Rush" by your original VSO Rep, are you still using her? The past can't be corrected and your kinda locked into the VA Appeals Process. I just received an email f4rom VA Law Blog regarding "Obtaining a Transcript of your BVA Hearing." Do this on your own so as to be sure it's taken care of. You can give a copy to your VSO after the fact. Send your request immediately to: Board Of Veteran Appeals-810 Vermont Ave North West-Waswhing5ton DC 20420. Fax # 202-343-1889 Be sure to include all your info including BVA case #. The article recommends that you also inclose a request that a "Transcription Copy of Your Hearing" be placed in your C-File.

If it were me, I'd mail request today, US Mail certified Retun Receipt. I would also FAX the same request, more can't hurt, right?

I'd really be interested in your current VSO Rep's game plan. Did anybody represent you at the BVA Hearing? You should be able to make direct telephone contact with the VFW Appeal Hearing Specialist that represented your claim before the BVA. That is, if anybody from the VFW showed up? Trust but Verify!

Semper Fi

Gastone

[Ryguy]

So i should request this now before i grt the decision in the mail? Yes the rep showed up to the video conference hearing,i called her this morning but she wasnt in the office as of yet.

[Gastone]

RY: At first glance it appears that the VA Bone is pointed at you. With that said, the more I read your posts, I think you may have been the victim of inadequate assistance in the preparation, filing and the gathering of evidence for your claim. Generally speaking, none of us Vets usually have a clue as to what we're getting into with VA Comp claim filing. Quite often we choose a VSO Rep that we don't know, as far as qualifications and success and failure in prosecuting claims. Stop and think about it, the initial claim filing isn't rocket science, it's what takes place later that only knowledge and experience can dictate the outcome. If the Vet isn't assisted and counciled on all aspects of his claim, a denial by the VA is close to a certainty.

As for where do you go from here, give this some consideration. Can you unemotionally determine your chances of a decision reversal if you continue with your past game plan? What exactly do you think you will get if you get a SC award, percentage and retro wise? Your currently at 70% SC, a separate 50% SC rating would get you to 90% SC total. What is the total Retro $ Value if granted back to what you think is the appropriate date? Now take the "Dream Retro" amount times 20%. That is what a VA Accredited Appeals Attorney would charge you to get this thing resolved, once and for all. At the very least, you must avail yourself of at least 2 or 3 FREE Legal consults with the a fore mentioned VA Appeals Attorneys. You can always continue on your present course with your current representation and hope for the best. I think the saying goes, "Hope in one hand and Piss in the other, see which one fills up." Good Luck.

Semper Fi

Gastone

[rosypalm]

Awesome