Filed I9 From Ssoc Yesterday

[jeffperry1134]

Well since I couldn't get in contact with my POA I went ahead and filed that I9 in regards to the retro pay date. My Vet Center therapist from 2007 is drafting me a letter to send in. We are using the exact wording and symptoms that the VA discussed for the increase. Anyone have an idea on a timeline?

[Philip Rogers]

No. Generally a BVA appeal will take, at minimum, two yrs and then, if remanded, another year plus or two. jmo

pr

[jeffperry1134]

Wow, I am surprised that it would take that long seeing all that I am contesting is the retro pay date.

[broncovet]

There is no pass or "advance on the docket" simply because you are appealing the effective date. If anything, the "new" Vets, (claimants) who are fighting for their benefits, will be done ahead of yours, because you are already getting a regular check, while the new claimants are not. Its pretty tough to claim "financial hardship" if you are already getting 3000 per month from VA, with an advance on the docket.

Keep remembering this:

VA wants you to give up on your claim, and this includes fighting for the effective date. They want you to be afraid of a reduction, (so you dont file for an increase at all) they want you to become so weak and tired, you can not appeal. Or, they want you to die and have your widow not know or forget about it.

An "abandoned claim" is the easiest of all for VA to deny. They ask you for more paperwork, you dont send it, case denied. Its easy.

Expect "effective date claims" to take longer than regular claims because "advance on the dockets" will leap frog ahead of you.

Edited March 27, 2015 by broncovet (see edit history)

[jeffperry1134]

I kind of figured it would be something like this. I wonder if I could file financial hardship though because I get 1200 a month and have a chronically sick child who requires expensive treatments and medications. I am not worrying about it though. I know those guys getting nothing need to get it before me. I am just hoping to get it settled before a long time because I have more things to apply for.

[Gastone]

If your only getting $1200.00 per mos better check with VA yesterday. Your identifier says 80% SC, right. Just you and 1 kid at 2015 Comp Rate should be $1637.48 per month. I think you indicated that your going to school, GI Bill or VA Vocational Rehabilitation? As I recall VA Voc Rehab paid a significant monthly stipend for full time school.

I tried checking your previous posts but need your help. You've got a 5+ year BVA Hearing appealing your award retro dates, right. If you have the time could you elaborate on your appeals journey. Thanks.

Semper Fi

Gastone

[jeffperry1134]

I forgot to change that back with the SC back down to 60%, I was going off of the SSOC rating and my other stuff combined. I am going through Voc Rehab and also getting a sustenance allowance of 942$ when I have a complete month of school, but with all of the holidays and breaks that is rare to get a full month stipend. I don't think I could get the financial hardship, even though we do spend a lot on my daughter's illness. I do also get some for the wife and 2 kids. This was the appeal that was stuck in limbo for 5 years with no progress then about 1 month ago I contacted Bob Macdonald and a week later I received my SSOC. When I got it I didn't understand it well the way it was worded it said I was denied excess of 50% for PTSD up to 2011, then denied in excess of 70% from 2011 on. Then on the last page it discusses that it gave me a 70% rating as of 2011 because of... and listed the symptoms of my PTSD. I had actually received my PTSD 50% in 2008 and filed the NOD in 2009. At the time my PTSD was the same and I was getting therapy through a private therapist contracted by the Vet Center and seeing the doctor at the VA. In 2009 I submitted the therapist notes and the psych eval and it was not listed in the evidence. In 2013 my contracted therapist decided to stop seeing Vet Center clients because the lack of payment. I started seeing a VA therapist then and four therapists later I found a good one. I called my POA on the 20th to discuss this difference in effective dates on the SSOC and the NOD we filed. Her office recording discussed that she would be out of the office until 3/30, four days after my 30 day limit. I didn't want to lose out on what could be a significant amount of retro pay so I sought advice from the VA rep. I remembered that at my VA hospital there is a benefit rep that comes in Wednesdays first come first serve to help with claims. I had gone to him before and he had always given me straight answers and did me good. I showed him what I had and he was a little dumbfounded because they did not supply me with the I9 form in my packet and it was worded so weird. We discussed the retro pay information and I discussed that my therapist from them stated she would be willing to produce me a letter discussing that all of the symptoms that they stated for my increase to a 70% rating I had then as well and that she estimated my GAF to be around 45 at the time. I still have to get the letter and fax it to the processing center in Georgia, but he helped me complete the I9 form that day and faxed it down giving me a copy of the receipt of the fax. My therapist said she should be able to get me the detailed letter next week and that if I needed my 2004 psych evaluation that stated the same symptoms she had a copy of that as well. On my SSOC they only discussed the VA examination and the VA notes as evidence they reviewed. On the I9 we discussed that we agreed that the 70% rating was appropriate but we only disputed the retro pay date. We also put that we did not want a hearing. I have to admit that I am not great with this stuff and my learning disability gets me confused at times and it seems like when there is an important decision like this my POA is out of the office or something else hinders me from contacting her. Hopefully this helps out a little bit.

[Gastone]

Thanks for the info, clearer now. Your at the the point now you have to rely on your Medical Evidence to prove your Claim. All you can do is be absolutely certain that "ALL" the confirming medical evidence is in the hands of the BVA. have you received the VA "New & Material Evidence" cut-off date letter? It gives you 60 or 90 days to submit N&M Evidence to BVA for consideration before your hearing.

I really have a problem with your being unable to contact your VSO-POA. Is this VSO-Rep at a Satellite or at your VARO - VSO main office? Is this elusive VSO-Rep an actual BVA Hearing Specialist or just a regular (Experienced or Inexperienced) field rep. All VSO-Reps are well intended but they don't all have the same knowlege, experience or fire in the belly so to speak. Have you actually been to the Main VSO office located at your VARO and discussed your BVA Claim representation with the Man/Woman in charge? At the Detroit VARO their are at least (6) different VSOs all with offices on the same floor as the VA.

Semper Fi

Gastone

[Gastone]

What type of BVA Hearing are you waiting for, DC, Travel Board or Video Hearing?

Semper Fi

Gastone

[jeffperry1134]

I haven't received a letter yet about a cutoff date for getting new material in. On the I9 we requested not to have a hearing. My plan is to have everything faxed in by Wednesday with it being my letter from the therapist and my psych evaluation. Hopefully that should be enough new material showing my symptoms back then. I was seeing another private psychiatrist before 2007 but he has since retired. I have the waiver of regional office consideration form to fax in as well. My plan is to gather it all up Wednesday and take it to the local county WorkOne where they have a Veterans Rep to help Vets in the county office and fax it in from there making sure I get a confirmation sheet. I have known him for 15 years now and he has helped me a lot.

[jeffperry1134]

My therapist will be sending me my letter discussing my condition back then in 2007 and will also send my old psych eval tomorrow morning. When I send it in I know that I need to have the waiver of consideration with it, does it need to have a cover page with it and is there more than just the 1 page for the waiver of consideration? I have already contacted the local Vet rep at the VSO office in my small town and he is going to fax it for me. I just want it to be totally prepared when I get there. DO I fax it to the Georgia processing center where my I9 form was faxed?

[jeffperry1134]

My POA called this morning to ask me if I had received anything in my bank account yet. She said that she believed something would come soon.

[jeffperry1134]

I finally got that letter last night from my therapist and met briefly with the Vet Rep at the hospital and faxed it over as my new material. He said it will go to the processing center in Georgia and distributed from there.