Jump to content
VA Disability Community via Hadit.com

Ask Your VA   Claims Questions | Read Current Posts 
  
 Read Disability Claims Articles 
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Bva Traveling Board

Rate this question


chiefhouse00

Question

Recommended Posts

  • 0

This is just so discouraging and such a theft from the veterans!

It would seem to me that veterans should be able to get compensation for the amount of undue stress inflicted on them just having to go through all this crap for years !

My appeal went before Traveling Judge two weeks ago today, I was permanently 100% disabled by a VA Doctor at Houston VAMC, I have not been able to pay attention much less for an IMO until I finally got on Medicare this year and pleaded with my Cardiologist to write me one litterally two days before the appeal hearing. He wrote a very solid letter, he's gone over all my medical and surgical records and not only states that they misdiagnosed my condition and that the surgery was not called for but that they in fact did cause permanent injury performing the procedure with a lack of skill or knowledge.

I called the BVA last week, they say that my case doesn't even have a docket number, I knew no decision was made yet but called to request it so I could track it in the future without having to call and bother them. I asked, don't all cases before the judge have a docket number? She said yes, but for whatever reason your's does not!

Now I'm reading I guess it will be a year or more before I actually get any relief.

Stressed!

I've lost home, a child who died at age 30 (I'd been unable to travel to see for two years), a wife, two companies I was running when I went in for the procedure which the doctor told me I would be back to work in a week to ten days.

I finally got 40% non-related and have Social Security which is withholding because of SBA loan default, and the f..ing VA is withholding for the medication I now have to take for pain from the permanent damage they caused in the surgery! They've managed to beat me out of over $1500, and I got a letter last week telling me they are fixing to collect more, but cannot provide a billing or accounting of where all the money has been applied and to what, WTH

SMH in dismay at the audacity of them to claim to be improving to help the veterans, lies! All this started in 2009, since then the VA has on their own closed my request for expedited claim, and now says since I'm recieving SS and have a roof over my head I no longer qualify. They've closed completely my TDIU claim which was dated back to 2010 or 11. Now it shows closed and I've been told that they recieved my letter of disagreement but I filed no form 9, which I did, I told them I have the registered return reciept and they claim that must have just been for my NOD! Thieves - every one of them!

Anyway, that's where I am - guess I'll be stuck here in limbo another year!

Link to comment
Share on other sites

  • 0

Question?

Since I have an appeal in the process for the next year, what about my claims not addressed in the appeal? Has the C-file technically been removed from the system pending appeal until that decision is made or can I file for a De-Novo review by a DRO based on current medical findings for sleep apnea?

I need every amount I can get, I'm drowning and filing bankruptcy as soon as I have enough money to pay the lawyer to finish it - the paperwork is done but I cannot afford to pay the $2500 to get it filed. My SMR's indicate sleep issues, my buddy letters reflect that I've had sleep disorder since in the service etc. The new medical oppinion which was used for the appeal also directly addresses Sleep Apnea as a contributing factor to some of my medical conditions.

If I seek a DRO, will it effect my appeal or vise versa?

Thanks,

Dennis

Link to comment
Share on other sites

  • 0

Greetings

I may not be the best person to answer your questions but I recently filed an NOD for a claim that was not reviewed/addressed by the BVA. All five of my contentions submitted to the BVA via a traveling board were remanded back to the Regional VA Office for further development. The one claim for DMII that was denied by the RO and not reviewed by the BVA because they considered that decision final. Well I submitted an NOD and awaiting the results. No telling when my remanded claims will be finished either. I certainly hope things work out for you.

Best Regards

Chiefhouse

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Question?

Since I have an appeal in the process for the next year, what about my claims not addressed in the appeal? Has the C-file technically been removed from the system pending appeal until that decision is made or can I file for a De-Novo review by a DRO based on current medical findings for sleep apnea?

I need every amount I can get, I'm drowning and filing bankruptcy as soon as I have enough money to pay the lawyer to finish it - the paperwork is done but I cannot afford to pay the $2500 to get it filed. My SMR's indicate sleep issues, my buddy letters reflect that I've had sleep disorder since in the service etc. The new medical oppinion which was used for the appeal also directly addresses Sleep Apnea as a contributing factor to some of my medical conditions.

If I seek a DRO, will it effect my appeal or vise versa?

Thanks,

Dennis

Dennis - $2500 to file bankruptcy, is outrageous!! I had to file, using an attorney, in 2002, and it was $1k then. You know you can file it yourself, w/o an attorney. The court clerk will help you with the forms. The court fees are probably around $300, these days. You might try doing it yourself.

The VA doesn't care about you or your financial woes, either. Sorry to say it but it's true.

Good luck!!

pr

Link to comment
Share on other sites

  • 0

Greetings

Sometimes I feel good about the fact that the VA is actively working my six remanded claims and one NOD but not today. I'm very worried that my claims are just setting in a dark corner collecting dust. I guess some of you feel this way at times. I plan to whole on and claim victory at the end of the race.

Best Regards

Chiefhouse00

Link to comment
Share on other sites

  • 0

Hey Chiefhouse00,

Your resiliency is second to none! Hang in there just a little longer. Once remanded, you and your examinations are supposed to go to the top of the pile. Keep hanging on man!! I'm looking forward to 8 months of waiting for my decision and then the expected remand 4-5 months(?), and then the decisions to come down, so what's that, 1 year at best, 18 months -2 years at worst? By that time, I'll be looking at 10 years of back pay!!

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use