Bva's Wait Time On Tdiu Claims

[MPsgt]

I currently have a claim at the Board of Veteran Appeals. It has been with the BVA since 09/24/2013. I signed a waiver. Requesting that BVA make a decision on my claim and not my Veteran Affairs Regional Office in Kentucky. This appeal remained at the VARO for two years without a favorable resolution. I'm expecting at least another 18 months or longer with BVA. What say others to this topic?

Edited October 7, 2014 by MPsgt

[georgiapapa]

Berta,

FERS is the Federal Employee Retirement System. The Civil Service Retirement System (CSRS) was replaced by FERS in the mid 1980s. Also, OPM is like the human resources office for the federal government.

[MPsgt]

FYI, I contacted the BVA via IRIS and asked. Where the judges were in-regards to working appeals? According, to the response they're working Jan - May 2011 appeals.

[georgiapapa]

This is unacceptable and unfair to veterans. Sounds like they need to hire a lot more judges.

[Gastone]

MP: I have no experience with the BVA, both my 2010 & 2012 NOD DRO Hearings awarded 6/27/14. Have done considerable review of 2013 and 14 BVA Decisions. It appears to me that 4-5 Yr hang time is not unusual. In your situation, you probably have at least yr and 1/2 to go, give or take. You mentioned that your NOD/appeal sat at VARO for 2 yrs, did you have a DRO Personal Hearing? If so what did the DRO tell you that was needed to perfect your Claim?

In trying to get a grip on your situation, I viewed your 09/2012 post. Very Interesting, you attempted but were unable to complete the VA Vocational Rehabilitation Program in 2011, right?

So far your tale of woe is me. 70 ptsd with couple more to 90% SC since 2010. Inferred IU claim filed 09/2011 denied 09/2012, NOD requesting DRO Hearing filed within 4 days. IU awarded 6/27/14 with 3 other denied issues.

The one thing that helped make the deal on the IU award was a Denial Letter from my Vocational Rehab Councilor saying that I was currently unable to participate in Voc Rehab due to my SC conditions. The DRO explained to me that that is the best single piece of evidence to present as proof that a Vet is unable to be retrained and or found "Gainful Employment." My only error was not getting the letter on my 1st contact with the Voc Rehab Dept. My old councilor said I had to see a new councilor because he was no longer my councilor. I reapplied and with in 2 weeks of my 1st meeting, I had the letter. I strongly suggest you do the same. Get the Denial letter and use it as New & Material evidence for your IU claim. I think you already waived the VARO remand of any N&M Evidence. Brother it can't hurt and I think it might seal your deal, like it did mine.

Semper Fi

Gastone

[MPsgt]

My only really complaint is the fact it ever had to go to BVA. I just want others to understand the years needed to achieve an outcome. Especially, with claims sitting in DC waiting to be decided. I applied twice to VR&E approximately three years ago. The second of which the counselor did as you suggested. I was a Federal employee receiving my federal disability retirement and a first time go for my SSDI. I continue to be treated for PTSD at both my local VAMC and VetCenter. Both of which have been a marriage and life saver. Where the VA has failed me and so many others was at the VARO? In the beginning, I requested a DRO and it never happened. I just got "lost in the VA Shuffle". I had a Service Officer get me a BVA hearing at the VARO and waived the right for VARO to make the decision. I never even had to talk. My Service Officer and wife did most of the talking on my behalf. The BVA hearing was with a VLJ in person. The only question she asked me, "When was the last time you worked?" I've done what many more experienced people on this site have instructed. I just recently sent a statement from my VetCenter counselor and a copy of my acceptance into Medicare to BVA. From the very beginning my Employer, Office of Personnel Management, and the Social Security Administration have deemed me unemployability for all the same reason (PTSD). The DX has been a nightmare and has screwed up not only my life but, families life. I obtained a four year degree in Criminal Justice before the service. Which I'll never be able to use again? Who in the law enforcement community would want to hire an educated Veteran with mental health issues? I agree with your assessment on the timeframe. I try to stay motivated by using this site to help myself and others. However, you never really shake the demons.

[Gastone]

MP: ?? VSO Rep got you BVA Hearing at VARO (Vidieo or Traveling Board)? You waived your right for VARO to make decision? Clarify please, was this regarding a Remand? You referred to a DRO request, did you ask for a Personal Hearing? Who file the original NOD requesting the Hearing? A Nam Vet I meet with experienced a similar DRO "No Personal Hearing" story. After some investigation, turns out his well intentioned DAV Rep neglected to request the personal Hearing. He ended up setting on his "New & Material Evidence" planning on presenting it a DRO Hearing. He didn't realize VSO screwed his pooch until he received the continued denial letter along with the Supplemental Statement of Case. The DRO reviewed his claim alright, same evidence as original rater, same denial decision. What a waste of time, all the result of poor representation. Hope that's not your situation.

What was the VA's posistion on your VA Vocational Rehab Denial letter. Did your letter address your inability to be placed in even Sedentary Employment? What is VA posistion exactly? Is there contradicting evidence indicating you are capable of engaging in "Gainful Employment?" Did/Do you show income in excess of US Poverty Level for One Person ($12,???.00)? Some info from your original and any Sup Statement of Cases would be helpful.

Semper Fi

Gastone