700 + days and waiting on NOD

[Navyguy2013]

I have a question on the best path forward for a NOD I filed over 700 days ago.

I filed the NOD in response to several disability claims that were denied for failure to show up for my C&P exams. I never received notification of any exams so, I did not show up. I filed a NOD contesting the above information within the required time-frame.

Ebenifits shows no change in the last 700+ days on my NOD. My calls to the VA's 1800# have yielded no results, they say they have no estimated time-frame for completion, and no updates on the NOD's progression. Just stand by to standby is the response from the VA. NOTE: I did get notification for C&P exams for my disability exams associated with my NOD in JAN2017, I did go to these exams.

So it appears that something is happening with my NOD, but Ebenifits and the VA 1800# show no changes in the last 700+ days. (I just got off the phone with the VA again this morning)

What should I do, stand by, if so for how long? Or should I contact someone, if so who, and what method of communication should I use?

I thank everyone for all of the help you provide to all of us, hopefully, one of these days I can provide assistance to people on this site, so far I am just stumbling around the VA process.

[Victor Ray]

7 hours ago, Buck52 said:

Victor

I am not sure you have requested your C-FILE  if not please do so or do so again!

I'm sure you have but keep requesting it  bug the hell out of'em

Not sure you have tried this but have you tried to contact all the VA Hospitals you been in for treatment? even the private sector  they keep medical records  so its something you might try... be worth a shot

I Think my old unit when I was in Nam is non-existing now or defunt  but the 24th Evac Hospital  that was in Long Binh maybe serving in another country or back in the USA ??...you may try a google search,  they possible could still have some of your medical records if you can locate them??

http://www.24thevacuationhospital.org/

 Here is some other presumptions for A.O  Service Connection & how the presumption works to including  how 1151 TORT claims can be filed

Presumptive Service Connection

The third way to be found service-connected is by statutory presumption. Over the years, statutes were made that that find certain conditions for certain veterans to be presumed service-connected. It should be noted that a veteran must have served a minimum of 90 days to qualify for presumptive service connection.

If a chronic disease manifests itself within the first year of leaving service it can be presumed service-connected. This presumption can be overcome if it is shown that there was another cause for the condition between the time the veteran left service and the onset of the disease. It should also be noted here, that certain diseases have a longer presumptive period than the one-year. One such medical condition is multiple sclerosis if this condition manifest itself within seven years it is presumptively service-connected.

There is also statutory presumptions for POWs for certain medical conditions, Persian Gulf Veterans for certain medical conditions or symptoms, veterans exposed to radiation for certain medical conditions, and veterans exposed to Agent Orange for certain medical conditions. Specific discussion of all these statutory presumptions is beyond the scope of this article since each one would require  ar Secondary Service Connection

 

The fourth way a veteran can be found service-connected is called secondary service connection. If a service-connected medical condition caused or aggravated another claimed medical condition than the claimed medical condition is service-connected also. It must be shown by medical evidence that it is "at least as likely as not" that the medical condition for which the veteran is seeking service connection was caused or aggravated by an already service-connected condition. For example, if a veteran is service-connected for diabetes and as a result of the diabetes the veteran suffers from peripheral neuropathy and the veteran can show the peripheral neuropathy is a result of his service-connected diabetes than he would be secondarily service-connected for the peripheral neuropathy. In these types of claims, it is almost always a good idea to get a doctor's opinion letter on the issue. These types of claims can often be quite difficult and normally require a strong and detailed opinion letter from your doctor after he has reviewed your record and examined you.

 

1151 Claims and VA Federal Tort

The fifth way a veteran can be found service-connected is if the medical condition was proximately caused by VA medical care. This is often called at 1151 claim. To be service-connected in this type of claim it must be shown that there was fault or accident by the VA that caused the disability. It is significant to note here that if the VA acted negligently the veteran may also want to file a Federal tort claim. These types of claims can be extremely complex. You should consider getting help from a lawyer in this type of claim. And if you plan to file a Federal tort claim against the VA then you will almost certainly want to hire a lawyer for that claim. Many VA lawyers do not handle Federal tort claim cases so you may have to seek two separate lawyers in this situation. You can ask a VA lawyer and if they do not handle federal tort claims, they will probably know a lawyer that does.

This information about different methods of service connection for VA compensation claims and the explanation of nexus to prove disability is general information and not a substitute for speaking with a lawyer about your claim. 

 

Victor  some times writing out a good lay statement from the veteran helps, when a veteran can't get access of his military medical records  then  the veteran can sure put in his 2 cents worth as to how does the VA EXPECT him to prove his case.

I think an email to the VA Secretary is in order here.

 

Buck.

I have another 20 requests I have made in my own form of written letter and FOIA Requests. I am just posting a few for now. I have been put in for reconsideration, and cancelled the attorney appt., hoping in this last consideration it gets to someone that can read and understand. This is the last chance for the VA to come clean, and the next step is make some real noise. I did write the Secretary, and may write a parer explanation with some documents enclosed. I will be back later, and thank you very much.

Victor Ray

withholding foia.pdf

records at VA.pdf

request DAV redacted.pdf

withholding foia.pdf

[Navyguy2013]

For identification reasons, should my letter to the VA Secretary contain my full social security number?

I hate sending so many people my Personal Identifiable Information (PII).

I plan on sending this letter via email, and certified snail mail.

 

Should I also send letters to the below people?

----------------------------------------------------------------------

House Committee on Veterans' Affairs

 335 Cannon House Office Building

 Washington, D.C. 20515

Chairman Phil Roe

----------------------------------------------------------------------

Acting Under Secretary for Benefits

Thomas J. Murphy

 ------------------------------------------------------------------

President Donald J. Trump

The White House

1600 Pennsylvania Avenue NW

Washington, DC 20500

 ------------------------------------------------------------------

Here is a start to the letter/s

 

The Honorable Dr. David J . Shulkin 

Secretary Department of Veterans Affairs

Veterans Administration Central Office

810 Vermont Avenue,  NW

Washington DC  20420

Dear Secretary Shulkin,

 

I write you today to bring attention to and to ask for assistance in resolving several of my VA disability claims that have not been resolved in over 4 years (1460+ days).

[Gastone]

NavyGuy, WTF is your exact status today, BVA (Video, Travel Board or DC) Hearing still pending?

You filed your NOD 03/2013, so it had to stay at your RO at least for the remainder of the (1) year from the Date of your Denial Letter before the appeal could be Certified by the RO Rating Dept and Transferred to the BVA. What is your BVA Docket Number, late 2013, 2014 or 2015?

Work with me, 03/13 NOD (No DRO Request) filed, min 03/14 before Certification for BVA. If transferred to the BVA sometime early to mid 14. that's at least 365 days off your 700 wait-time. That would be a very fast Transfer to the BVA, but I guess it could happen if you didn't supply any further N & M Evidence to your RO for processing. The Docket Number assigned to your Appeal tells you how many other Vets were Docketed that year, before you. Appeals Hearings are 1st Come, 1st served, unless you get a Hardship Bump.

Based on current BVA Decisions, I think you're looking at 2018 or 19.

Semper Fi

 

 

[Gastone]

At 1st, I thought 7 pages of posts on NavyGuys 700 Day Wait Problem seemed excessive. It appears to me that other's have piggybacked Thier Claims Problems to this post? They should have been started as New Topics by the respective Vets.

Makes it somewhat difficult to see what's happening regarding NavyGuy's situation.

Semper Fi

[chiefhouse00]

Greetings

I'm kind of in the same situation. My NOD claim for Diabetes Mellitus Type II and Diabetic Nephropathy has been with the VA since Jun 29, 2015.  My original claim was submitted in 2008 and I was awarded 20 percent. This NOD is for an increase for restricted activities and hospitalization for hypoglycemia and DKA conditions. According to the VA 1-800 number representative I talk to yesterday, no action has been taken yet on my NOD due to the backlog.  Anyway, not too long ago, I was diagnosed with Chronic Stage III Kidney Disease (CKD). Should I submit that CKD claim information now or wait?  If I wait and don't submit the CKD information, will the VA look at my CKD medical condition when they finally review my NOD.  Your inputs will be appreciated.

Best Regards

Chiefhouse

[treysnonna]

Chiefhouse00,  you said you already filed a nod for increase in diabetes and nephropathy.  Why would you file again for ckd?  Am I missing something.?  My husband filed his nod nov 12,  has a docket 1502319.  So you have a wait.  I have sent in every lab with nephropathy, since he was diagnosed with stage 3 diabetic nephropathy.