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.

[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

[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.