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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!
Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
Vync posted an answer to a question,I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:
2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis
2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.
"...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.
First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date.
If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues.
I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.
It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.
Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.
Does this help?
Buck52 posted an answer to a question,Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.
The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.
Picked By66 bricks,