Jump to content
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0
Sign in to follow this  
kent101

Ebenefits says my appeal is still at regional office.

Question

I had my denied claim denied a second time at the regional office even though I asked it be sent to the BVA. Now it's been about 450 days since that last denial. I did form 9. The claim was started around 2011.

Edited by kent101

Share this post


Link to post
Share on other sites

4 answers to this question

Recommended Posts

  • 0

Kent, I'm not sure you asked a question about this, but it sounds like the RO is in the process of certifying your appeal to the Board.  That can take (judging from personal experience) from a year and a half to two years.  Hopefully, your RO can finish that task quicker than that but ours did not.  Once the Board gets it, you'll be assigned a docket number.  In the meantime, you can use this interim period to gather more evidence to support your appeal.  You can do this right up until the day the Board makes a decision.  However, if the Board denies and you then appeal to the Court of Appeals for Veterans Claims (which at that point removes it from VA jurisdiction and places it in the DOJ system), you cannot add new evidence.  The Court can only review the evidence before the Board at the time it reached its decision.

If you provide new evidence to the Board, make sure you waive sending it back to your RO to review first.  That is, tell the Board you want the Board to weigh it, not the RO.  Otherwise, you're lengthening the time it takes to process the appeal.

Share this post


Link to post
Share on other sites
  • 0

kent, did you do a NOD for the first denied claim and then received a SOC before sending in the form 9?

Share this post


Link to post
Share on other sites
  • 0
51 minutes ago, saxman said:

kent, did you do a NOD for the first denied claim and then received a SOC before sending in the form 9?

I sent in the form 9 first from what I remember. The RO decided to make me wait a year to give me a second denial. Now I'm waiting for it to go to the BVA. I originally just wanted it to go to the BVA.

Share this post


Link to post
Share on other sites
  • 0
3 hours ago, lotzaspotz said:

Kent, I'm not sure you asked a question about this, but it sounds like the RO is in the process of certifying your appeal to the Board.  That can take (judging from personal experience) from a year and a half to two years.  Hopefully, your RO can finish that task quicker than that but ours did not.  Once the Board gets it, you'll be assigned a docket number.  In the meantime, you can use this interim period to gather more evidence to support your appeal.  You can do this right up until the day the Board makes a decision.  However, if the Board denies and you then appeal to the Court of Appeals for Veterans Claims (which at that point removes it from VA jurisdiction and places it in the DOJ system), you cannot add new evidence.  The Court can only review the evidence before the Board at the time it reached its decision.

If you provide new evidence to the Board, make sure you waive sending it back to your RO to review first.  That is, tell the Board you want the Board to weigh it, not the RO.  Otherwise, you're lengthening the time it takes to process the appeal.

That makes sense, thanks. I sent in the form 9 for the BVA back in may 2015 after the RO denied me the second time. I didn't even want the RO to review it again but they did. So it should be going to the BVA soon I hope.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Our picks

    • Occasionally it becomes necessary for HadIt.com to come to the community to help raise funds. This is one of those occasions.

      A couple of things to keep in mind

      Financial contributions are never required, but always appreciated.


      NOT tax deductible, HadIt.com is NOT a non profit and any contribution you make is just a gift and cannot be deducted on your taxes.


      If you prefer to give through a subscription, you may subscribe here the rates are $5 per month or $50 per year and gives you an ad free experience on the forums.



      Thank you for your support!
      • 2 replies
    • It's now May 3 3019. Still pending for notification and past estimated completion date April 29th. If it were negative would o would have heard something right. I'm assuming I have a good chance because I have evidence, however the wait is killing me like everyone else. 
    • Mere Speculation  Comp and Pen
      Hello Fellow Veteran 20 year retired disabled Navy veteran, quick ?? I am going for unemployability through the VA just had my comp and Pen, I do check off all the DBQ according to the therapist , but at the end of it she said in her opinion it would be mere speculation on rather I should get unemployability or not. What’s that mean thanks 
      • 9 replies
    • Man using HadIt name to collect funds -  Go FundMe shuts down campaign following Raleigh man's arrest for fraud
      I was interviewed for  this story. This gentlemen was using the HadIt name to collect funds for some non existent charity. "HadIt.com" is NOT a non-profit. "HadIt.com" will never have anyone collecting outside of Walmarts. If "HadIt.com" does not list a fundraiser on our site it is not affiliated with us. Please read the story and pass on that this person is NOT affiliated with "HadIt.com"

      Note: The text at the top of the video lists me as a nonprofit founder. HadIt.com is a for profit, it is not a non profit and this man is not associated with our site and none of the money he collected had anything to do with our site.

       


      Go FundMe shuts down campaign following Raleigh man's arrest for fraud 
      https://www.cbs17.com/news/local-news/wake-county-news/gofundme-shuts-down-campaign-following-raleigh-man-s-arrest-for-fraud/1866907862?fbclid=IwAR3Z6cTDSvv2yr9f1hKanLjOBeHjLyeJPtOnVQX0vTGmpF0d_eXiGsPaJug
      • 5 replies
    • Additional 100% Disabled Veteran Benefits
      https://www.hadit.com/100-percent-total-and-permanent-service-connected-disability-additional-benefits/

      If you reach 100% P and T there are more benefits available to you. This is by no means an extensive list and we recommend calling the Veterans Affairs at 1-800-827-1000 with any questions about the following benefits.

      Check your state benefits here


      Dental treatment for 100% disabled veteran benefits.


      Educational Assistance for Dependents: (under chapter 35) Must be rated a 100% disabled veteran by the VA.


      Civilian health and medical program for dependents/survivors (CHAMPVA). Must be rated a 100% disabled veteran by the VA.


      Specially Adapted Homes


      Veterans Mortgage Life Insurance: Decreasing term mortgage insurance up to $90,000 for veterans who have received a Specially Adaptive Housing grant and have an existing mortgage.


      Waiver of cost of Service Disabled life Insurance: and additional $20,000 of life insurance at cost to veteran. Veteran must have applied for insurance within two years of initial disability rating or within two years of a new disability rating. An increase in a disability rating does not qualify as a new disability.


      Commissary and Exchange privileges for veteran and dependents: The veteran must request a letter from the VA specifying veteran is in receipt of 100% disability, and then applies for a military ID card at the nearest ID card issuing facility.


      Emergency treatment in non-VA facilities: if VA facilities are not available.


      Annual Eye exams and prescribed eye wear



      Continue Reading
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines