Va Appeal To Bva 5 Years Old Without Progress

[jeffperry1134]

This is getting almost comical. I have been in appeals to the BVA since 2010 and they still have not even sent my stuff to the BVA yet. I recently e-mailed Bob McDonald and got a response that they would look into it last week. When I send in an inquiry I get the exact generic same answer each time. Is there any specific legal recourse that I can take to see exactly what is going on?

[TiredCoastie]

Still have not heard from my representative. I will call her daily until she calls me back.

That's pretty frustrating. Do you have a way to email her? Hang in there.

[jeffperry1134]

My rep called me today and said we should take what they are offering because it gets this done and we can start going after the physical stuff like my ankle, other knee, stomach issues, shoulder and frostbite. She told me she would fax over the paperwork today and for me to watch the bank account as she expects it to happen fairly quickly.

[TiredCoastie]

My rep called me today and said we should take what they are offering because it gets this done and we can start going after the physical stuff like my ankle, other knee, stomach issues, shoulder and frostbite. She told me she would fax over the paperwork today and for me to watch the bank account as she expects it to happen fairly quickly.

That's not the best kind of response from your NSO, Jeff. You should do what makes the answer right, not expedient to the VSO, RO, etc. So from my perspective, it depends on what they're offering. If it's the right answer based on 38 CFR part 4, then OK. If they're lowballing you or SC'ing only some of what you've submitted and trying to get you to walk away happy, then that's a problem and another NOD.

It sounds like you have a pretty good list of conditions, and you need to get those on a claim form and in with your medical evidence, nexuses, DBQs, etc, ASAP no matter how this appeal turns out.

[jeffperry1134]

I am confused somewhat about overall calculation of rating. I have a 70% now for PTSD, 10% knee and 10% tinnitus (0% hearing loss but I have to wear hearing aids). Before I had 50% PTSD, 10% knee and 10% Tinnitus and was given a 60% overall. Now would I have an 80% overall? When I do the calculations it says 75.7. She says it will be a 70% overall.

[Fat]

_{A wealth of information........}

[TiredCoastie]

I am confused somewhat about overall calculation of rating. I have a 70% now for PTSD, 10% knee and 10% tinnitus (0% hearing loss but I have to wear hearing aids). Before I had 50% PTSD, 10% knee and 10% Tinnitus and was given a 60% overall. Now would I have an 80% overall? When I do the calculations it says 75.7. She says it will be a 70% overall.

I ran your numbers through the Hadit calculator and got 75.7 as well. That should round up to 80%. As soon as your claim closes in eBenefits, you should be able to see your new combined rating under "documents" through the disability verification letter or old AB8. You may have gotten an off-the-cuff rough guestimate from your VSO.

While it's too early to really know for sure, if 70% fits your PTSD, then you can probably declare victory. However, take a good look at 38 CFR part 4 and make sure that you were rated appropriately. If not, be prepared to drop another NOD. I still don't like what your VSO said to you about accepting what you were offered. Only if what you are offered is right!