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

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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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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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8up4life

How many years does it take the BVA to render a decision after hearing?

Question

How long does it take approximately to get a BVA decision after the hearing?

Hard to believe that no one has asked this question before.

All I want to know is if you had a BVA hearing and got a decision, how long did it take?

 

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30 to 60 days depending on case and evidence.

 

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The case was sent to the transcript office on 6/18/19 so they could send for the transcript to be complete.  If you want to know why there is a delay in sending for the transcript, you would have to write to the Board directly so they could help you. May 2015 BVA case on docket, Bva hearing April 5, 2019 at RO , 6/18/19 case at transcript office . 6/29/2019 nothing no word maybe 90 day rules in effect I don't know . VLJ told me hang in there maybe 30 days to get decision they would try, now 84 days later nothing. NOD was 2015

 

 

Appeal received May 2015

Up to date as of August 23, 2019, at 9:10 a.m. ET

  1. See past events

    May 16, 2014 – April 05, 2019

Current status

Your appeal is waiting to be sent to a judge

Your appeal is at the Board of Veterans’ Appeals, waiting to be sent to a Veterans Law Judge. Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge.

 

What happens next?

 

  • The Board will make a decision

    A Veterans Law Judge will review all of the available evidence and write a decision. For each issue you’re appealing, they can decide to:

    • Grant: The judge disagrees with the original decision and decides in your favor.
    • Deny: The judge agrees with the original decision.
    • Remand: The judge sends the issue back to the Veterans Benefits Administration togather more evidence or to fix a mistake before deciding whether to grant or deny.

    Note: About 60% of all cases have at least 1 issue remanded.

How long until a judge is ready for your appeal?

Your appeal is Advanced on the Docket. This could be because you are older than 75, because you are suffering a serious illness or are in financial distress, or for other sufficient cause.

Advanced on the Docket appeals are prioritized so that they’re always at the front of the line. Your appeal will be sent to a judge as soon as it’s ready for their review.

Edited by Hammer46

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@Hammer46, nothing at the VA gets done quickly.  I know after many years you just want the darn decision, my case took ten years and when I knew a decision was made it only made it worse.  Now is the time to relax a bit and find a hobby to distract you from waiting.  It is a drawn out process, after you get the decision you have to wait for the RO to implement it, that can take a year or more nowadays.  So much for cases from the BVA being performed in an expeditious manner.  The VA recently has delay down to an artform.  

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I am not disagreeing with the above statement but rather adding that exceptions have and are made if your in some sort of hardship and or you have a congressional inquiry flagged on your file....

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https://www.house.gov/representatives/find-your-representative

https://www.govtrack.us/congress/members

Members of Congress

congressional inquiry flagged on your file.

Veterans and the Military  If you are experiencing any issues with the Department of Veterans Affairs or the Department of Defense, need military records, or have problems receiving your benefits.

Members of Congress

ensuring that Veterans, military members, and their families receive the support and benefits they have earned.  If you need assistance related to your Veterans benefits or military service, please complete the sections below to open a case.


Federal law requires a signed Privacy Release Form from you before the office can discuss your case with any federal agency.   To begin an inquiry into your matter, please download, complete, and manually sign.

Edited by Hammer46

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    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
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    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
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      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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