REP

[Prettypantha]

Hi Everyone!

Recently, I filed a NOD for cervical radiculopathy due to a denial. Periodically, I'll check Ebennie. Well, today I've noticed the cervical radiculopathy was listed and had "REP" in the action type. What does that mean? Will they eventually send me for a C&P exam? What am I up against? Thank you for any input!

 

Hooo-aaah!!!

[broncovet]

That same thing happened to me.  I filed a NOD, and later it said "with representative".  So, I called my VSO and asked them what it meant.  They said they were preparing a brief for the BVA.  

This went on for 18 months.  Finally, I called the VSO again, and asked them how the brief was going.  He said the time wont matter when your appeal says "with VSO" as it already has a "document number" with the BVA, so its "in cue", and it wont matter how long the VSO has it on his desk. 

Later, I found out that was a lie, after I called BVA and asked them what my docket number was.  They said it was not docketed, but that the VSO had my file preparing a brief, and it would not be docketed until the VSO finished with it.  

That is when I first realized that your VSO participates in the long delay.  MY VSO delayed my appeal at least 18 months...and lied about that.  

If you study the BVA Chairmans report, which tracks the average times of the various phases, you will see that about 2 or 3 years of the 4 year BVA appeal is delays with the VSO, and VARO.  In a nutshell, it should only take 6-12 months at the BVA, once docketed.  But, when you add in the delays by your national VSO and RO's, it gets to 4 years. 

What can you do about this?  Start rattling cages.  The squeaky wheel gets the grease.  Call your national VSO (your local VSO will do no good), and ask him the progress in preparing the brief for the BVA.  Only a national VSO rep can do this.  The VSO's only have a few reps who prepare briefs before the BVA.  You need to find out who that is.  To do that, call the VSO's AT YOUR VARO, and ask them.  Not your local VSO..the natioanal group at your VARO.  

Then, when you find out your VSO's name, persist in calling him.  VSO's (national) are extremely busy, but they MIGHT return your calls, unlike local VSO's who usually do not return calls.  

You should practice what you are going to say after you reach your national VSO, a process that usually takes 2 to 4 weeks, just to reach him by phone.  

You need to have a "persuasive summary" of your case..and why yours needs to be worked on, now, such as:

"My case is 14 years old..I applied in 2002. (Its for TDIU and I have not worked since 2002).   It wasnt even adjuticiated until 2009, and, even then, they said TDIU was moot, so I had to start over.    I am nearly 70 years old, and I probably wont live another 14 years, so I would like to see if it could be adjuticated in something less than 14 years this time, as my wife has no idea how to continue this.   Oh, yes, by the way, I had 5 seperate doctors opine that I was unable to maintain SGE, due to sc conditions,  over a period of the last 10 years.  Dr. P on 9-17 2004, Dr. H on 8-6-05,  Dr. J on 9-12-2007,  Dr. M on 8-2, 2008, who reiterated Dr. P and Dr. H's statements. "

Rememeber, you will probably only have one shot with your national VSO.  By the way, it worked, and I got my case worked and denied at the BVA.  I had enough and hired a lawyer for the CAVC.    

[Buck52]

broncovet sorry your having so much problems getting IU

If service connection has been established. 0% or  a low rating and this disability keeps you from working the 38 CFR Regulations has  regs for a veteran that has a disability rating lower than the 100%  using the extra scheduler b to help this veteran require a IU RATING..As you know these Regs. However if your severity of disability is of the 100%  then it should automatically fall in the 100%rating criteria.

Have you been through the VA Voc-Rehab...and other programs that could possible help you find a job you could do?  if you fail from these VA programs and a counselor writes you a letter stating its unfeasible to retrain this veteran b/c of his S.C. Disabilities...and a Dr stating you can't work b/c of your  S.C.disability   the VA Should give you the TDIU P&T.

JMO

On appeals have you been to DRO Hearings in person?

your disability should have been decided in your favor at your RO Level a long time ago

the VA is playing with you, when you have all the medical evidence to back your claim they have no choice but to grant your disability.

If this was happening to me  I'd raise all kinds of hell with everyone and email Bob himself and ask why I am being treated this way.

  with my age coming up on 70  and my claim being under continue prosecution  since 2002 Its not fair for me & my family that the VA is treating me this way  as I have produced all my medical evidence as on record to the VA regulations to substantiate My Claim from my  initial 2002 filing.

14 years of appeals is enough and I demand my claim be fairly Adjudicated.

jmo

NOTE: My  apology to the original poster  never meant to hi-jack this thread.

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

 

 

 

 

 

 

 

[Prettypantha]

@broncovet, this truly saddens me to read threads of veterans what seems as an abyss! This is entirely too long for anyone to endure with, to include pain and suffering, as well as the bureaucracy. I guess I'll continue to live and learn. Continue to fight with every ounce of breath Broncovet! Your boat will soon dock! High-five to you for your perseverance.

@Buck52, apology accepted! You are well knowledgable of the in's and out's. I love to read your input on any given day! Please continue to enlighten us on this arduous journey. Thank you very much!