Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

Top 10 VA Disability Claims Articles

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Good or bad? Pending dispatch from bva.

Rate this question

hume0351

Asked by hume0351,

 Share

Question

hume0351 Contributor

hume0351

Posted
Posted (edited)

Last week I found out a veterans law judge started on my file on Tues. April 10. I found out through vets.gov then called the BVA to confirm. Today, April 19 I looked on ebenefits and saw that a decision was was and my case was depending dispatch. Again I called the BVA to confirm and was told the same. My case was only in front of the judge a week. Has any else seen their cases move this fast? My claims were ptsd and degenerative arthritis of the shoulders. My docket # is 14-38 003

Edited by hume0351
Link to comment
Share on other sites
  • Answers 14
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

14 answers to this question

Recommended Posts

  • 1
  • Moderator
broncovet Grand Master

broncovet

Posted
  • Moderator
Posted

Its good.  I have no idea why yours went so fast.  Now, you can move on.  You should get your decision, and then you can decide whether or not you wish to appeal.  Hint:  Just after a BVA denial is the best time to hire an attorney.  Why?  Because they will file an appeal to the CAVC (if they think you have a case), and EAJA will likely cover your fees.  What can be better than getting the professional services of an attorney, and not have to pay for it???

So:

1.  Worst case senario...Denial..then hire an attorney at CAVC.

2.  Maybe better is a remand.  You wait until they implement remand. 

3.  Good is you win!  

Link to comment
Share on other sites
  • 0
treysnonna Rising Star

treysnonna

Posted
Posted

Hume, I just looked vets.gov it says hubbys appeal is with a judge.  I hope they make good decision and a quick on.  Good luck to you!  I needed to see this.  I have been stuck doing taxes for three days.  A simple simple 1040.  First I waited till the last min to do our taxes.  There computers went dow n the first day.  And when I finally got to file it and they rejected it. So need I say it has been a mess mess mess.  They told me our 2016 had been rejected too. How come this is the first we are hearing this.  And hey we had to pay them.  So it rejected my claim but took our money.  Go figure.  I’m taking a rest now from it,  they can just fine me.   And I paid them today too.  So it rejected my claim again.  We need to go to a flat tax.

 

 

Link to comment
Share on other sites
  • 0
hume0351 Contributor

hume0351

Posted
  • Author
Posted

broncovet, I started using Allsup after my third claim was denied and my county vso didnt want to do anything. They have been really helpful. It may cost some backlash, but my rep has found things in my medical history that I have completely forgotten about or just didn't notice. The company does SSDI and VA benefits.

Link to comment
Share on other sites
  • 0
  • Moderator
broncovet Grand Master

broncovet

Posted
  • Moderator
Posted

I am not familiar with Allsup, so I can neither recommend nor decline to recommend.  If you are pleased with their services, then please give more details to help other Vets.  BBB has 4 or 5 reviews on Allsup, with mixed reviews:

https://www.bbb.org/stlouis/business-reviews/disability-insurance/allsup-in-belleville-il-310001536/reviews-and-complaints

Link to comment
Share on other sites
  • 0
hume0351 Contributor

hume0351

Posted
  • Author
Posted

Allsup actually have two separate departments. SSDI and Veterans. The veterans side only have a few people working. Brett Buchanan is the lawyer who is charge of the vets side. He is a actual veteran himself so he know  what we are going through. The complaints I have always seen come from the SSDI side.

Link to comment
Share on other sites
  • 0
jfrei Grand Master

jfrei

Posted
Posted

The hail marry if you walk into your RO and ask them for a print out of your recently decided appeal they will tell you if it’s there or if you have to what ten days for your mail because it was mailed out or if it’s been 30 days your appeal will be on the BVA.VA.gov recent decisions tab Look in 2014 to see the appeal and check 2018 for the decisions 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to question listing


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!

  • Recent Achievements

    • First Post
      Lebro
      Lebro earned a badge
      First Post
    • Week One Done
      stuart55
      stuart55 earned a badge
      Week One Done
    • One Month Later
      stuart55
      stuart55 earned a badge
      One Month Later
    • Conversation Starter
      Lebro
      Lebro earned a badge
      Conversation Starter
    • First Post
      Sparklinger
      Sparklinger earned a badge
      First Post

  • Our picks

    • Caluza Triangle defines what is necessary for service connection

      Caluza Triangle defines what is necessary for service connection

      Tbird posted a record in VA Claims and Benefits Information,

      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Post in ICD Codes and SCT CODES?WHAT THEY MEAN?

      Timothy cawthorn posted an answer to a question,

      Do the sct codes help or hurt my disability rating 
      yellowrose

      Picked By

      yellowrose,

    • Post in Chevron Deference overruled by Supreme Court

      broncovet posted a post in a topic,

      VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
      Lemuel

      Picked By

      Lemuel,

    • Post in Re-embursement for non VA Medical care.

      broncovet posted an answer to a question,

      Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
      Lemuel

      Picked By

      Lemuel,

    • Post in What is the DIC timeline?

      broncovet posted an answer to a question,

      Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
      Lemuel

      Picked By

      Lemuel,
    View All
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept