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Yesterday my claim moved to Prep for decision, this was a week after my latest C&P, I was feeling optimistic that the estimated completion date of 9/4 was reasonable. Today it moved back to review of evidence and my date oushed to 9/14. This is a claim with 1 increase, 2 new, 2 secondary. I filed my claim 9/24/18 it seems like a long time for a claim.
Anyway, my question is: have any of you had the claim move from "prep for Decision" only to regress to review of evidence? If so, what was the timeline like?
Hello, I checked ebenefits and it said I received a GRANT from the CAVC for increased rating "anklyosis of the shoulder." I had appealed for depression and anxiety as well and they were not addressed on ebenefits so I am guessing it is still on remand at the BVA level. Ebenefits also stated that my remand would take 16-24 months. I am currently 60% with 10 for tinnitus, 20 for ankle, 20 for shoulder, 20 for shoulder radicupathy, 10 for knee. What does all this mean? if I am not providing the information needed for input I am happy to do that but at this time I dont know what else to provide you guys.
So on my threads about my first claim under AMA I stated I put this here to track time and the AMA process.
My claim for Voiding Dysfunction was filed on May 8 2019 and closed June 16th 2019 (according to VA.GOV)
so basically 36 days.
I was denied, and will start writing my NOD.
What is new besides the speed, is that on Ebenefits yesterday I noticed a new entry under my listed Disabilities.
It will be good for others to start tracking this to see if this remains the standard.
It was marked Pending Claims.
Today after visiting VA.Gov and seeing my claim closed I went to Ebennies and looked under Disabilities and the DENIED claims are already showing.
This is a change in process. It used to take some time to get Ebennies updated. usually at least 10 days.
today however, the day after VA.gov says the claim closed, I see the following
It will be good for others to start tracking this to see if this remains the standard
I am tagging in a few people who I know are active here and may have recent claims under AMA.
hopefully you all will help track this change. It can alleviate some of the "wait time" stress as we look for the BBE in the mail. If you all see someone asking about processing time for a claim please ask them to track for this notification under Ebenefits Disability link.
Disability Rating Decision Related To Effective Date bilateral hearing loss 0% Service Connected 08/20/2018 tinnitus 10% Service Connected 11/30/2012 post traumatic stress disorder with bipolar II disorder (previously rated with major depressive disorder, psychotic features ) 100% Service Connected PTSD
08/16/2018 benign prostate hypertrophy
Not Service Connected urinary incontinence
Not Service Connected erectile dysfunction
0% Service Connected 08/20/2018 benign paroxysmal positional vertigo
30% Service Connected 08/20/2018
my appeal status has changed to Prep for notification as of yesterday. With the change my dependents have also disappeared from my award and is now in the drop box of “ not on award". Has this happened to anyone else? Im hoping there’s been a change to my increase and this ebennies way of updating rating. Any positive stories? Thanks!
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)
broncovet posted an answer to a question,While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,