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    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

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paulcolrain

UNDER APPEALS WHAT SHOULD EBENES SAY?

Question

SO MY QUESTION IS,, IS ANYONE ELSE OUT THERE WAITING ON THE JUDGMENT OR DECISION FROM A JUDGE THAT HAS ALREADY HEARD YOUR CASE?

THE REASON I ASK THIS IS BECAUSE,, MY CASE WAS HEARD IN MAY OF 2015 AND EBENNIES SAID AT THE TIME THAT MY APPEAL WAS WAITING FOR A JUDGE TO HEAR IT. FAST FORWARD ALMOST 2 YEARS AND EBENFITS STILL SAYS MY CASE IS WAITING FOR SCHEDULING TO BE HEARD.

WHEN I CALL BVA THEY TELL ME THAT MY CASE HAS NOT GONE TO THE JUDGE YET FOR A DECISION...

EBENES HAS ME STILL STUCK AT SCHEDULING FOR HEARING DATE.

WHAT SHOULD IT SAY ON EBENNIES IF IVE ALREADY HAD MY CASE HEARD AND IM WAITING ON A DECISION? 

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Tatoo this one on your arm:  

"YOU CAN NOT RELY UPON WHAT EBENEFITS SAYS, it is usually inaccurate."

In fact, one well known Vet's Advocate, Jim Strickland, suggests not checking on ebenefits

(unless he changed that).  

This said, you should have an "appeal pending" in ebenefits.  This should mean you have an appeal pending somewhere.  

You may or may not have a claim pending at the same time.  

It is troubling when ebenefits is inaccurate.  If you have a NATIONAL VSO, and he briefed your claim, then you can try calling him or her, and then wait for them to "not" return your call.  You may be suprised and find you are in the 10% of Vets who actually get calls from their VSO.  I get letters from my VSO asking for donations.  Its been several years since a VSO has actually returned a call.  My record is about the average, I found that VSO's return about 1 out of every 10 messages left by Vets, but that has seemed to take a turn for the worse.  

There is a NEW regulation which allows attorney access to your electronic claims file..provided the attorney has gone through VA's process.  My attorney can check on my claim, the same as a VSO can now.  (ITs about time).  

This is an example of where/why the VA makes sure we have a representative.  You can not access much on ebenefits, but your VSO or attorney can see much more, so, to find out what is happening you are supposed to call your VSO or attorney.  

You can try this with "Ask Peggy" (good luck with that..you are better off buying a lottery ticket).  YOu might be able to get access to this information from your NATIONAL VSO or attorney, or maybe the BVA omnibudsman.  

I feel your pain, its a pain "not knowing".  

Edited by broncovet
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paulcolrain

 next time you go to your VAMC you might try the VBA, (Veterans Benefits Administration) you can check with a counselor (VSO) and he/she can look on the computer and check the status of your claim  just tell the VSO what you mention here.

 

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TO BE HONEST WITH YOU ALL,, I GOT TO GET THROUGH MY FAT HEAD THAT JUST BECAUSE I HAD A HEARING WITH THE BVA ALREADY BACK IN 2015 THIS DOESNT MATTER!!!! WHAT ONLY MATTERS IS MY DOCKET # AND THAT IS A 2015 #.... SO NO MATTER WHAT EBENES SAYS,,, I GOT ANOTHER 2.5 TO WAIT JUST FOR DECISION... I KEEP FORGETTING THIS.. SORRY FOLKS.

I KNOW OTHERS HAVE HORROR STORIES ON THE WAITING GAME THOUGH I MIGHT ADD MINE IS TOO AND THATS WHY I GET SO CONFUSED AND FRUSTRATED/ MY FIRST FILE AND DENIAL IS 2004 AND THIS BVA HEARING WAS IN REGARDS TO IT YET MY DOC# IS 15 ONLY BECAUSE I TOOK SO MUCH TIME GETTING DIFFERENT SOC'S,,SOCC'S AND SUCH.. I SHOULD HAVE WENT STRAIGHT FOR FORM 9... 

Edited by paulcolrain

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yes its very frustrating to say the least, waiting for a BVA Decision and back and forth remands  is just plain crazy  (not meaning your claim will take  more time) but you just have to hang in there...some veterans run out of time with there claims before the BVA can make a decision..in my opinion this is what they intend to do  and its a damn shame.

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