Appeal Status Is Confusing

[jeffperry1134]

I go into e-benefits and under explanation of appeal status it says "no information". Me and my POA turned in the paperwork to appeal to BVA in 2009 and I call the BVA line and they still do not have it and when I called the RO office this week 6 times I was hung up on after going through the phone automated hoopla and told to call in the evening and schedule a time to be called. I did that and no one called. I am thinking of changing POA's to either American Legion or DAV. Should I wait to investigate until I am in the hospital because I plan to go into inpatient during thanksgiving break to change my meds because they are not working.

[Berta]

Go to the main VA web site (www.va.gov) then to the Contact Us thing,to the right of the main page , and then click on it and then on Ask a Question and click on that. It will take you to IRIS.

If you dont get a response from IRIS that makes sense, file another IRIS as a complaint ( the complaint form is in a pop down box there,)

Always ask for a snail mail or email IRIS response.

Something definitely seems wrong here and you should have had a docket number and letter from BVA by now, if you filed the appeal in 2009.

[Fat]

Good information Berta.................

[Berta]

These things concern me. I dont think any vet should rely on a POA to file the I-9 without double checking that the POA did file it.

Dont know if that is the case here.

When the state of NY asked me to help with a few claims (they USED to be my POA)

one claim the boss gave me was because he Forgot to file the i-9 for the vet and he though I could perform a miracle. yeah right

He had to tell the vet ,the appeal deadline had passed and they filed a new claim.

The claim was awful. The rep insisted Personality disorder was a valid SC disability.....

he didnt believe me when I said it wasnt and that claim was promptly denied.

He also made me interview the vet to see if I thiought they could award for PTSD but believe me, I couldnt perform that miracle either...

More ridiculous stuff happened but finally the VA made an award and the rep called him up to say he just won 100% SC and the rep called me too and I could hardly believe it and I drove right over to the reps office to read the award myself but had to explain to the rep , that it wasnt 100% SC, it was a NSC pension award.

By this time I realized the same rep was probably buggering my claim up.......that proved to be correct.

You have the right to double check what a rep says they will do for you. Sometimes they don't do it.

Many reps are wonderful but many of them dont seem to have a single ----ing clue.

.

Edited October 19, 2014 by Berta (see edit history)

[jeffperry1134]

_{Thank you guys so much. It looks like the I-9 form was processed in 2010 but nothing after that. It says something like that when I click on it but nothing else. I may try my POA again one last time and see what she can find out. I also will visit the benefits rep who visits the hospital on Wednesdays and see if he can find out anything. I was hoping to get this cleared up so I can file a new claim for other stuff. My POA said it was best to wait until the appeal has taken its course.}

[jeffperry1134]

An update: I went to the VA Hospital and met a benefits rep who looked up my appeal and someone is working on it as of 05/2014. He told me I should be hearing something soon. He said if I do not hear something by Thanksgiving to give him a call and he will get into the process. I was glad he said that because it looks like I will be there that week inpatient getting a med change. I don't want to miss school or I'd be in there now.

[jeffperry1134]

I decided not to wait until after Thanksgiving, this is getting ridiculous. I called my POA Friday and am going to call again Monday and she if she can put pressure on them.

[Gastone]

JP1134: My understanding of BVA Appeals, from considerable research, you won't here anything from the VA until approximately 4 months before your BVA Hearing is scheduled to be on deck. Now prior to receiving the VA Notice of any and all "New & Material Evidence" submission cut off deadline, your C-File is maintained at your VARO, awaiting to be "Certified" before being forwarded to the BVA. Between the time you officially request the BVA Hearing and the end of the "90 Day N&M Evidence" cut-off your VARO rating department must do an Official VARO Review of your claim each time any and all "N&M Evidence is received from you, your VSO or your VA hospital or private Dr. Each and every VARO Review requires the VA Rating Dept to generate a "Supplemental Statement of Case" which is forwarded to you ad your POA Rep. Note, this VARO Review of your complete claim denial is done by a Senior Rater or a DRO, not the original rater that denied your claim. The only difference to a straight up DRO Review is the VARO Review gives deference "takes into consideration" the original raters reasons for denying your claim. If the VARO Review determines your N&M Evidence changes the Original Decision, you get your claim awarded. No matter what the VA Reviewer decides, you get s supplemental Statement of case. Your claim can't be Certified until the VARO has completed all required reviews and issued the Supplemental Statements of Case, then it's just a matter of waiting till your BVA Hearing is scheduled. Check the BVA Claims Decisions for 2013 and 14 for your respective VARO. Most that I reviewed for Detroit seem to be on average 4-5 yrs old.

I believe, contrary to some popular opinion, the VA would love to resolve any and all appeal issues at the VARO level. As for using a VSO Rep as your POA. OK, TRUST But Verify!!

At he very least, I think you should avail yourself of at least (3) free Legal consultations with VA Accredited BVA Appeals Attorneys. It takes some time but it's free. Will give you some idea how they might approach your appeal. Compare it with what your VSO is or isn't doing. Knowledge is Power, right!

As for switching to another VSO, you may have a real difficult time at this point. The VSO's are VERY reluctant to take on another VSO's Vet once the appeals process is in motion. Can be done with a lot of Bitching on your part.

Semper Fi

Gastone

[jeffperry1134]

I finally got my inquiry responded to that I entered in on October 2nd (the standard VA 5 working days) and here is what is says:

The Board of Veteran's Appeals (BVA) has ordered that additional action is needed on your appeal before making a final decision.

When all of the required actions are completed, your file will be reviewed.

If any further action or development is needed, we will contact you. If not, you will be provided a supplemental decision or Supplemental Statement of the Case (SSOC), prior to returning your appeal to the BVA for a decision.

We are unable to provide any timeframe on how long it will take to complete your appeal once it is certified to the BVA, as it is no longer within your local office's jurisdiction and we do not have any control over BVA.

We are currently processing a large volume of appeals, each is generally being processed in the order received. At this time, we and are doing our best to process each appeal as quickly as possible. We recognize that the appeals process can be lengthy, and apologize for the delay. Your continued patience is appreciated.

In general, appeals are not processed from beginning to end by one individual. During the different phases of the claims or the appeals process, your claims folder will be handled by different departments, which in turn have different VA employees processing that particular phase of the claim or appeal. Please note, no matter who is currently working on your claim, internal policies do not permit us to divulge direct contact information for any VA employee.

Is this fancy talk for blowing me off or are they really doing something??? Hopefully they do not want to do yet another C&P Exam since it has been a few years. It would make 6 total.

[Berta]

"The Board of Veteran's Appeals (BVA) has ordered that additional action is needed on your appeal before making a final decision."

That sounds like you not only had a docket number, but should have gotten copy of this Remand......

Did you?

[jeffperry1134]

I never got a docket number or a copy of the remand. I will confirm with my POA today because she gets that too.

[jeffperry1134]

I got a new e-mail from the VA today saying this:

We apologize for the error in our previous response. Your appeal is not in Remand status. The correct status of your appeal is as follows:

We received your VA Form 9, Appeal to Board of Veterans' Appeals, which formalized your appeal on April 30, 2010. At this time your appeal is awaiting review for any further action or necessary development.

If no further action is necessary, your file will be certified to the Board of Veterans' Appeals (BVA) for their decision on your appeal. If any further action or development is needed, we will notify you.

The processing of most formalized appeals takes an average of 576 days. The length of time it takes to process your VA form 9 depends on the specifics of your case and the VA's pending workload.

(Is it just me or is this new e-mail sounding like they are blowing me off. It has been a heck of a lot longer than 576 days)

[carlie]

I got a new e-mail from the VA today saying this:

We apologize for the error in our previous response. Your appeal is not in Remand status. The correct status of your appeal is as follows:

We received your VA Form 9, Appeal to Board of Veterans' Appeals, which formalized your appeal on April 30, 2010. At this time your appeal is awaiting review for any further action or necessary development.

If no further action is necessary, your file will be certified to the Board of Veterans' Appeals (BVA) for their decision on your appeal. If any further action or development is needed, we will notify you.

The processing of most formalized appeals takes an average of 576 days. The length of time it takes to process your VA form 9 depends on the specifics of your case and the VA's pending workload.

(Is it just me or is this new e-mail sounding like they are blowing me off. It has been a heck of a lot longer than 576 days)

Sounds to me like they have not certified it yet and transferred it to the BVA.

Your still in a holding pattern for a while.

I'd try to find a hobby and forget about things for a while.

Sorry I don't have something more positive to post on it.

Hope this helps a vet.

jmho

[Gastone]

JeffPerry: Moving in the right direction finally. It would be interesting to try and determine what happened but right now it appears you need to concentrate on winning your upcoming BVA Hearing. I think you should still attempt to get the "Free Initial Consultation" from a couple ( I did (3) VA Accredited and experienced Appeals Attorneys. It certainly couldn't hurt and you might pick up on a general strategy.

Semper Fi

Gastone

[jeffperry1134]

Thank you Gastone. One of the things we have been focusing on is the VA's symptom chart and that my symptoms fall within the 70% category and at the high end of that. I just found out that my advocate is actually an attorney. She is someone who lost their husband to PTSD from Vietnam so she quit her lawyer job and founded her advocacy program. I knew she gets 20% of the back pay, but that is better than most attorneys. Her assistant said she has been out of the office a lot lately advocating in the field. Before I do the three consultations I am gonna get with her and see if she can do anything or find out more concrete information. I am going into the hospital during the Thanksgiving week to get a med change because they are not working. Should I hold off and submit my hospitalization records to be added to the claim?

[jeffperry1134]

Well, I am an idiot. The VA rep that had recommended that I go ahead and apply for my knee and hearing loss increases screwed me. It put my appeal on hold until that stuff is to be completed. My POA is going to call them today to see if she can get it forwarded. I probably just put myself back a few years.

[jeffperry1134]

Well, I won't be going into the hospital over Thanksgiving, I found out if you throw a big enough fit that they will put you on an antipsychotic without having to go inpatient. Does anyone know how long it takes for an action to go from the VA to ebenefits? I have heard some pretty bad rumors and seen that my RO ranks second to last in doing a claim correctly and one of the lowest when it comes to rating a disability. I am about to move after school if it keeps going the way it has been. Anyone else having problems with the Indianapolis regional office?

[Berta]

This reminded me of the email I got the other day from the BVA ombudsman. The 800 guy said I had an appeal certified in April

that was at the BVA.

I was not aware of any appeal there at all.

The Ombudsman replied:

"Ms. Berta M. Simmons appellant for the deceased Veteran Mr. Rodney F. Simmons file is located at the Buffalo Regional Office. She filed a notice of disagreement (NOD) on September 24, 2012."

(wrong. that was a Section 1151 claim with the only piece of evidencve they need)

" The Regional Office will issue a statement of the case (SOC) after all the development is completed. You will receive the SOC in the mail." Yeah right

" Please contact the Buffalo Regional Office for further information or assistance.

The issue is for an earlier effective date for DIC."

(My effective has already been established as the day of my husband's death.No additional EED possibility there I get DIC under 3 separate awards ( only one check) I dont get it.

The 800 man however gave me different info....my CUE claim is still pending, a timley NOD was filed on that and also a request to extend the NOD timeframe...

He verified the 1151 claim filed in Sept 2012....no NOD needed on that as VA has not denied it.

AND the illusive new DIC claim that VA opened for me.......but I already get DIC, under 3 awards...

?????????

Edited November 19, 2014 by Berta (see edit history)

[jeffperry1134]

Do you think I should contact them again to see if it was forwarded yet? They already did the Statement of the Case and the I-9 forms. I didn't know if that meant they would put mine in the back of the line again as far as processing.

[Dan S]

I have a claim that was remanded by BVA for further action. I was given new C&P exam on 09/12/2014. I was informed by my VSO that i got a favorable opinion and as of october 2 2014 was told by my VSO what my rating was but it had not been offically signed yet. It is my understanding it is still at the appeals management center being promulgated whatever that means. Does anyone know how long this process takes? as of today 01/05/2015 still no word except that my rep says suspense date for completion is 1/3/2015. Again my rep says it is awaiting to be signed for it to be finalized.

[Berta]

Are you hooked into ebenefits?

That might provide you with some further info ....then again maybe not...it is a waiting game for everything these days.

Based on what the VSO said it sounds like they are going to make an award.

If you have direct deposit and you gave VA your Bank info, the retro cash might arrive in your bank account before you even get the award letter.