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Appeal for EED 2009

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Posted

VLJ judge made decision already..Wondering why it's taking so long to get decision in mail. VSO in St, Pete regional office hasn't received anything either. I did request a waiver at my BVA hearing in April of this year. I also put in a FOIA request to get my vocation rehabilitation records. For some strange reason the request is showing as a claim, The current status is gathering evidence. In addition to EED I have IU on appeal. This is what E-benefits is showing for the appeal,

07/13/2016 Pending Case Dispatch This indicates that a Veterans Law Judge has made a decision on your appeal, and that final administrative steps are being taken by the Board to ensure that you (and your representative, if any) are mailed a copy of the decision. 03/15/2016

  What exactly does this mean? I appreciate any feedback. I'll be so glad when all of this is over with.

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Posted

It means you need to wait for the envelope, that they made a decision.  Rather than speculate on what it means, I suggest you do this, if you have nothing to do with your time while waiting. 

1.  Get a hobby, or persue ones you already have.

2.  Its ok, if you do something like this:  "Guess" on what your retro may be.  Lets say you are hoping for 2009 retro for 100%.  Thats roughly 30k per year for 6 or 7 years.  That would be A.

A.  Retro approved 210,000.  Now make a list of priorities you would do with the money.  

B.  Retro approved 100,000.  I just guessed at half, you can figure out, if you like..oh, they may not go back to 2009, but they may go back to 2014, when the doc said I had the disorder and it was related to service. 

C.  One year retro..30,000.  This is what happened to me..I put in for a 2002 effective date, and got one year.  There is a regulation that supports it, if you had an "increase" within a year of service connection.

D.  None.  

     I did a spread sheet, using exact numbers, deducting the benefits I already received.  I kept it to "check" VA when I did get my retro.  

     Its fun for some people, not so fun for others, "dreaming" about what you would do with that big retro or lottery check.  

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  • Lead Moderator
Posted

If you want, and you post details, someone may try to figure out whether it was likely you get approved or not.  If you had an attorney represent you, only 10% of attorney represented claimants are denied at the Board, according to the most recent Chairman's report.  

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Posted

How long did it take for your Hearing to take place? "Final Administrative Steps," your at the BVA, anything under a year, would be Warp Speed.

As to your FOIA Request, all FOIA Requests show up as "Claims" on E-Ben.

What type of EED & IU Appeal did you request?

How about posting a Claim/Appeals timeline? Do you know your BVA Docket Number?  Check your Docket Number against the BVA 2016 Decisions, just for comparison purposes.

Semper Fi

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Posted

Broncovet and Gastone thanks for your responses.

My hearing was received at the board 10/29/15. Hearing was held 4/2016. Other than that, I don't now how to retrieve timeline. I'm wondering if my FOIA request for VRE records are holding up the process. I'm going to think and believe that signatures are required before retro is released.

Spoke to AL rep in Washington, D.C. friday. Says his system is not showing appeal as complete and E-Benefits sometimes has information before they do. That answer was unacceptable to me. My response to his was " unless E-benefits updates itself and I doubt that very seriously, someone had to manually put that information onto E_benefits. His stumbling response was "I don't know but what I'll do next week is ask someone in the administrative department about this appeal." He also gave me the following suggestions: put in an IRIS, call 1-800-827-1000 ( I'd already done both weeks ago).  Last, he  gave me this number for AMC 1-866-258-0341. I'll probably call them Monday. Or Maybe not.

I'm really frustrated because all of this could have been avoided if only the raters done their job from the beginning. Then again, this could be a very much needed financial blessing!! I have a student loan that's in default, had to have my car voluntarily repossessed after my divorce because I could no longer afford the monthly payments. My credit is shot...Oh I forgot to mention that my appeal is flagged for homelessness. Please forgive me for the long post. I hope it's making sense.

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