Up Date On My Appeals

[RUREADY]

After contacting Bob about my appeals it has been with the judge for 30 days

so at least its not denied yet. After researching on the judge its looks like he

is judge hacker most his decision is a remand or a denial but most didn't have

no evidence nor medical opinions. Looks like he do read the whole c-file an consider

the evidence. So I wait some more but I got what I ask and I ant mad.

Everybody have a Great Thanksgiving!!!

[Gastone]

RU: Maybe the end is in sight. This is the 1st time I've seen your post. I had a "Great DRO Hearing" 6/26/14, all issues from (2) NOD's 2010 & 2012 awarded. Opted for "Informal" instead of "Formal recorded and transcribed" format. DRO tpld me we could go back on record with formal format at any time. So needless to say, because it worked out exceptionally for me, I'm a strong advocate for the DRO Hearing process. All major $ issues to include 2012 IU NOD awarded. I had been 90% SC since late 2010. My 6/27 DRO Hearing was officially for my 2010 NOD, so that took 31/2 yrs. add to that the 11 months I procrastinated on filing the NOD, I was 4+ yrs since the original claims denial. My bad!

Hope you can help me, help a few other Nam Vets I try to assist. Any and all info you might be able to share regarding your claims journey would be of great assistance. I never made it to the BVA level and from my research it appears that the majority of 2014 & 2013 BVA decisions have been waiting 4+ years. Remands seem to be the rule rather than the exception. So, any info you could offer based on your own experience would be appreciated.

Happy Thanksgiving

Semper Fi

Gastone

[RUREADY]

RU: Maybe the end is in sight. This is the 1st time I've seen your post. I had a "Great DRO Hearing" 6/26/14, all issues from (2) NOD's 2010 & 2012 awarded. Opted for "Informal" instead of "Formal recorded and transcribed" format. DRO tpld me we could go back on record with formal format at any time. So needless to say, because it worked out exceptionally for me, I'm a strong advocate for the DRO Hearing process. All major $ issues to include 2012 IU NOD awarded. I had been 90% SC since late 2010. My 6/27 DRO Hearing was officially for my 2010 NOD, so that took 31/2 yrs. add to that the 11 months I procrastinated on filing the NOD, I was 4+ yrs since the original claims denial. My bad!

Hope you can help me, help a few other Nam Vets I try to assist. Any and all info you might be able to share regarding your claims journey would be of great assistance. I never made it to the BVA level and from my research it appears that the majority of 2014 & 2013 BVA decisions have been waiting 4+ years. Remands seem to be the rule rather than the exception. So, any info you could offer based on your own experience would be appreciated.

Happy Thanksgiving

Semper Fi

Gastone

Gastone just glad you had success at the DRO level me I ask for a dro review only

once and it didn't go well for me. The appeals that I have now is about four years since

form 9 that the RO held on their desk for four years. I have one contention with this

appeals an early effective date for TDIU about 6 years of back pay or a quarter million

dollars in cash. I file my own claims, I do my own research about my filling , and I always

leave a paper trail of treatment records and doctor opinions behind for them to read or destroy

So my appeals has been rough road but I will do what ever it takes to win I will use every weapon

we have to use CONGRESSMAN, PRESIDENT,BOB,LAWYERS,DOCTORS doesn't matter who

like it or who gets mad. I never give up

[Gastone]

RU: Thanks for the quick get back. Did you have a DRO Hearing (Formal or Informal) with your initial NOD? Another Nam Vet I meet with filed his 11th Hour NOD requesting a DRO Hearing thru his DAV Rep after we discussed his BVA/DRO Hearing options and the need for New & Material evidence in regards to the DRO Hearing. He never verified what the DAV filed on his behalf. Turned out, he received a Continued Denial and Sup Stmt of Case, NO personal hearing. Told me he never sent in his New & Material Evidence, was planning on presenting it at the Official DRO Hearing. Big mistakes X (2), didn't verify what DRO request was made by his Rep and sat on his N&M evidence. The time wasted waiting for a DRO Review without N&M Evidence guaranteed a continued Denial.

You mentioned that your VARO held the Form 9 on their desk for (4) yrs. During this period, did you receive any Sup Stmt Of Case

issued after a VARO review of your Denial based on N&M Evidence being submitted? My limited understanding is the BVA has to Certify your appeal as ready for the BVA Hearing before it can be assigned a Docket Number. I take that to mean any and all New & Material evidence must be reviewed by your VARO and SSOC issued before Certification for BVA can be made. At what point did you receive the VA 90 day Evidence cut off letter?

Thanks for taking the time to help me out.

Semper Fi

Gastone

[RUREADY]

RU: Thanks for the quick get back. Did you have a DRO Hearing (Formal or Informal) with your initial NOD? Another Nam Vet I meet with filed his 11th Hour NOD requesting a DRO Hearing thru his DAV Rep after we discussed his BVA/DRO Hearing options and the need for New & Material evidence in regards to the DRO Hearing. He never verified what the DAV filed on his behalf. Turned out, he received a Continued Denial and Sup Stmt of Case, NO personal hearing. Told me he never sent in his New & Material Evidence, was planning on presenting it at the Official DRO Hearing. Big mistakes X (2), didn't verify what DRO request was made by his Rep and sat on his N&M evidence. The time wasted waiting for a DRO Review without N&M Evidence guaranteed a continued Denial.

You mentioned that your VARO held the Form 9 on their desk for (4) yrs. During this period, did you receive any Sup Stmt Of Case

issued after a VARO review of your Denial based on N&M Evidence being submitted? My limited understanding is the BVA has to Certify your appeal as ready for the BVA Hearing before it can be assigned a Docket Number. I take that to mean any and all New & Material evidence must be reviewed by your VARO and SSOC issued before Certification for BVA can be made. At what point did you receive the VA 90 day Evidence cut off letter?

Thanks for taking the time to help me out.

Semper Fi

Gastone

I summited an IMO after I got the SOC after my dro hearing "off record" {maybe one of my first mistakes}

then my attorney and I ask or sign a waiver for the new evidence to go to BVA an let the judge decide the case and not the

AOJ or regional office and that's where the waiting gets long They will send you something that is the same denial in the

SOC even after you ask for the new evidence to be viewed by BVA they will hold it and then send you a SSOC

maybe 2-4 years for this. The form9 once file and receive should get you a docket # and then you wait for it to

get certified to go to BVA. If you send anything in while waiting to go to BVA and don't sign that waiver most likely the

judge wont see it and if the RO has not seen it maybe a remand because the RO has to make a decision on it first.

I made this mistake my self on my first claim.

[Gastone]

RU: Thanks for the info. Did you have an attorney at your DRO Hearing? What made you decide on the "Informal" format as opposed to the Recorded and Transcribed Hearing? Did you ever receive the VA 90 day evidence cut off letter? If so , when? Are you currently waiting for a Traveling Board, a Video Hearing or a DC Hearing?

A friend missed getting N&M Evidence in for his DRO Review and surprise surprise, DRO continued his Denial. It's been just about a year since he sent his Form 9 in and he has not had his Appeal Certified and has not received a BVA Docket number. He has received (2) supplemental SOC's about 7 months ago. Turned out after discussing what I thought was an error on his part relying on the VSO Rep to file for the Hearing and him setting on his N&M Evidence waiting for the Hearing that evidently was never requested, he sent it in. The evidence wasn't quite as strong as he thought, VARO Review of his Denial by SR Rater or a DRO continued his Denial. Sometimes we Vets can be our own worst enemies when it comes to VA Comp Claims. He's now waiting for a BVA Video Hearing that I really think will end up shooting him down or at the very best, Remanding his claim.

Thanks again and keep us posted

Semper Fi

Gastone

[RUREADY]

RU: Thanks for the info. Did you have an attorney at your DRO Hearing? What made you decide on the "Informal" format as opposed to the Recorded and Transcribed Hearing? Did you ever receive the VA 90 day evidence cut off letter? If so , when? Are you currently waiting for a Traveling Board, a Video Hearing or a DC Hearing?

I did not have an attorney at the dro but had a VSO who was also with the dro on the decision

that was offer, they already talk about what they was to offer me before the hearing was held then

I was told by dro he would grant my claim but when I got the decision it was the same bull shit that

they offered one year back pay. That why most dro will not go against their working buddies that

they train that rated your claim unless they miss something of records. jmho

90 day cut off I am not sure about"". That why I got an attorney for a quarter million it is worth

it to me to have my best chance of winning and not losing it at my mistake.

No hearing was ask for at BVA just the judge look over the evidence and make his decision

that's all I want. Hell even if I lose the claim I still can live

Edited December 2, 2014 by RUREADY