Waiting For Bva?

[11cvolley]

To make a long story short, I filed a nod to get my 70% to 100%, then requested a BVA in person when they said no. The #800 people say its with a rater awaiting a decision, but its been there for over a year and nearly 2 years on step 1 under appeal statues on the website. I keep getting told they could decide to grant me 100%, but if not they will move it along to the BVA. Is this normal or are they telling me the wrong thing and they're really working on the BVA already?

[Gastone]

Check out BVA Decisions 2013-14. If you got a BVA Hearing in 2 yrs, would be very unusual. Unless you have sent in N & M Medical Evidence post NOD Denial, your dance with the VARO rating department is done. A N&M Evidence triggered Review by a Sr Rater or DRO is a possibility but barring that, your claim will set at your VARO until Certified and transferred to the BVA for your Hearing. Have you received the VA 90 day New Evidence cut off letter yet?

Semper Fi

Gastone

[11cvolley]

Check out BVA Decisions 2013-14. If you got a BVA Hearing in 2 yrs, would be very unusual. Unless you have sent in N & M Medical Evidence post NOD Denial, your dance with the VARO rating department is done. A N&M Evidence triggered Review by a Sr Rater or DRO is a possibility but barring that, your claim will set at your VARO until Certified and transferred to the BVA for your Hearing. Have you received the VA 90 day New Evidence cut off letter yet?

Semper Fi

Gastone

After the denial for an increase I got that letter. Thats when I wrote them back requesting the in person BVA. I also sent them a 3 page document stating my objection to their reason to deny me IU or other form of 100%. The C&P doctor said I am much worse than previously thought, but then the doctor says that because I play PC games I am able to hold gainful employment. The sad part is the VA denied me IU because of the doctors pc game statement.

Looking back at that letter I actually requested a review by a DRO. Which is where my file is right now according to the #800 number. My lawyer hasn't got my files yet, but tells me they're waiting on a statement of the case.

[Gastone]

I had a decent discussion regarding IU with the DRO that handled my 6/27/14 Hearing. We had already discussed my Denial and he agreed that my N & M Evidence supported the IU Award. The main piece of N&M was a VA Vocational Rehab Denial Letter that I got after my 2012 IU Denial. The DRO said a Voc Rehab Denial letter indicating that your SC conditions make it impossible to achieve Voc Rehab goals is a deal maker when it comes to a IU rating. Who better than a VA Trained Professional Employment councilor to determine your Unemployability after taking all your SC Issues, education and work experience into consideration. He said a large number of IU claims are made by Vets that are just out of work or under employed. Their SC conditions don't preclude them from finding and maintaining "Gainful Employment Income," currently $12,???.00 per year. This figure is the US Census Poverty Income for 1 person. Give Voc Rehab some consideration, certainly couldn't hurt your IU claim.

As for your current DRO Review, I trust that you have supplied Post Denial Decision New & Material evidence for the DRO to consider, if not you could be screwed. What New evidence did you submit that supported your contention that you should be Schedularly Rated at 100% as opposed to the rater's 70% award?

Semper Fi

Gastone

[11cvolley]

I had a decent discussion regarding IU with the DRO that handled my 6/27/14 Hearing. We had already discussed my Denial and he agreed that my N & M Evidence supported the IU Award. The main piece of N&M was a VA Vocational Rehab Denial Letter that I got after my 2012 IU Denial. The DRO said a Voc Rehab Denial letter indicating that your SC conditions make it impossible to achieve Voc Rehab goals is a deal maker when it comes to a IU rating. Who better than a VA Trained Professional Employment councilor to determine your Unemployability after taking all your SC Issues, education and work experience into consideration. He said a large number of IU claims are made by Vets that are just out of work or under employed. Their SC conditions don't preclude them from finding and maintaining "Gainful Employment Income," currently $12,???.00 per year. This figure is the US Census Poverty Income for 1 person. Give Voc Rehab some consideration, certainly couldn't hurt your IU claim.

As for your current DRO Review, I trust that you have supplied Post Denial Decision New & Material evidence for the DRO to consider, if not you could be screwed. What New evidence did you submit that supported your contention that you should be Schedularly Rated at 100% as opposed to the rater's 70% award?

Semper Fi

Gastone

My SSDI. For whatever reason, when they denied me an increase, they said I failed to check mark the box on the form for an increase indicating that I get SSDI for SC issue. So that was my new evidence even tho SSDI approved me with only my VA records. I never seen anyone from SSDI. Just submitted the app and talked to two people on the phone.

I haven't worked since mid 2010 and didn't apply for SC until a month after I stopped. I knew I couldn't ignore my issues any longer when I couldn't handle an at home call center job.

[Gastone]

Was your SSDI based solely on your VA SC issues? VA rater has to look at your SSDI award but doesn't mean it's a lock on IU. Depends on issues SS took into consideration.

Now this isn't guaranteed to work, think about requesting a DRO Personal Hearing. I'm not even sure you could do it at this point. Sounds like all you asked for was a DRO Review. I'm a firm believer in the need for face to face when it comes to VA Hearings.

I really wouldn't just rely on the SSDI to seal the IU deal. You could apply for VA Voc Rehab and if your as screwed up as you sound, get a Denial Letter in a couple of weeks. Now that Denial Letter would be a Deal Maker.

Semper Fi

Gastone

[11cvolley]

Was your SSDI based solely on your VA SC issues? VA rater has to look at your SSDI award but doesn't mean it's a lock on IU. Depends on issues SS took into consideration.

Now this isn't guaranteed to work, think about requesting a DRO Personal Hearing. I'm not even sure you could do it at this point. Sounds like all you asked for was a DRO Review. I'm a firm believer in the need for face to face when it comes to VA Hearings.

I really wouldn't just rely on the SSDI to seal the IU deal. You could apply for VA Voc Rehab and if your as screwed up as you sound, get a Denial Letter in a couple of weeks. Now that Denial Letter would be a Deal Maker.

Semper Fi

Gastone

I asked for a face to face. For some reason I was thinking BVA. Thats why i'm a little confused to why its with a DRO awaiting a decision. My SSDI is based solely on PTSD. I wouldn't feel comfortable or okay with using the voc rehab like that.