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Last Ounce Of Patience

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cowboys4life

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Some time ago I had a traveling board hearing in which I felt that the judge was really leaning toward giving me a favorable rating decision. She even said that if it could be helped, she was not going to remand my claim. Lo and behold, she did just that, remanding all eleven issues of my claims. She was critical of issues never being adjudicated,critical of statements of VA doctors and critical of basically the entire file. She also wanted the same doctor who opined that I did not have a residual scar from my two open heart surgeries which is rated at 0% to evaluate me again and give a detailed opinion on his findings and also the denial of pacemaker implant secondary to my svc  CAD rated only at 30%. Which is part of my appeal. I am now stuck in the regional office remand line, even though my claim was advanced for hardship due homelessness I have been told that the regional does not have to honor the advance the board granted. I am ready to blow my cool. My patience is wearing very thin. What can I do.??????

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  • HadIt.com Elder

How long ago was this?

I too recommend you check with asknod blog site  he has some great info about this...as he too went through some remands  for over 20 years, he did get a attorney but asknod writes blogs about his journey that will help&he makes the VA Laws eazier to undertand for veterans matter of fact asknod is getting  his license and going to start helping veterans with there claims

either way contact asknod  he can help you out brother

jmo

....................Buck

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  • HadIt.com Elder

Also Ms Berta is great with claims and she too would be a great person to ask question's /  asknod and Ms Berta are without a doubt the best there is as for as helping veterans with there claims problems.

jmo

 

........Buck

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Thank you brothers for your support and I am already doing some of the things that were suggested. Some of my issues were never adjudicated, some were not even issued a statement of the case. Claim has been working since 02. Remands were about the board not having proper opinions to render a fair judgment on some issues, medical records not complete, no exams and basically not having a file that was complete. I did talk to a VA employee that explained to me that the judge is leaning toward PT disability based on the merits of the case, whatever that means. Tooth and Nail !!!!!!!!

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Still not clear as to if you had any type of representation at your BVA hearing or with your claims.

I know the VA Raters are capable of screwing the pooch, but 11 issues getting certified to the BVA and all of them needing a Remand. That indicates someone, you or them, wasn't up to snuff regarding the medical evidence to support ot denie your claim. Had you submitted the all important "New & Material Evidence" needed to support your claims?

Semper Fi

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13 years is a long time to wait for a decision.  This kind of case needs elevated and resolved.  You have been on the hamster wheel long enough.

 

You should email Allison.Hickey@va.gov

Allison A. Hickey

 

Under Secretary for Benefits

 

Include a summary of the case and what you expect from them.  She has a good history in getting these kind of cases resolved rapidly.

Edited by pwrslm
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Cowboys4life, I have a suggestion for you.  Email the Undersecretary for VA, Allison Hickey, at allison.hickey@va.gov, and explain, in detail, the situation with your claims and that you were told the RO does not have to honor your advance on the docket due to HOMELESSNESS.  Be specific.  Be detailed, and someone from her staff WILL contact you within a few days, and they WILL contact the RO on your behalf, and a senior rater will be required to go over all of your claims to see whats going on.  I myself was granted service connection on two claims by bva on Aug 14.  On Sep 16, i faxed proof of hardship to the RO and notified them two days later when i lost my job.  I contacted Mrs Hickey on Sep 21st, that same day, my claims were flagged as hardship, and tomorrow on Oct 1st, my retro for almost six years will be deposited, completed 11 DAYS after contacting the Undersecretary.  Of course, i was only asking for them to process my granted award, but i have seen many other success stories from vets whose claims were not yet completed.  I wish you success, and commend you for not giving up.

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