Question about Appeal Process

[Austin0520]

Hi Everyone,

Thanks again to everyone for contributing their experience on this site, it has been so helpful in getting through the process! 

My claim was recently denied (again). This time, for the first time, I appealed and decided to get help from Dr. Bash and a lawyer. I’ve been battling these claims on and off for 5 years and this was my last try...had to make it a good one.

My question is what happens next? I just filed the NOD and the lawyer submitted the form requesting a DRO. Does anyone know how long is it taking these days for a response from the DRO? Is this where I wait 3-5 years? Just not sure what to expect from the appeal process. 

Also, does anyone know how long the CUE process takes? I’m assuming the 3-5 years or longer?

Thank you again to everyone for sharing.

 

[Berta]

You can file a CUE on the recent decision-if it contains a legal error-

but, can you scan and attach the recent denial here to include the evidence list they used.

"Also, does anyone know how long the CUE process takes? I’m assuming the 3-5 years or longer?"

Most of my CUEs and one I filed for my daughter took mere weeks ( on decisions that we had just received.Resolved favorably)

My longest CUEs, one filed in 2003 and another filed in 2004 took until 2012 to be awarded.

None of my CUEs went to the BVA- I sure hoped the 2003-2004 CUEs would get there- but they were awarded just prior to transfer ( by a different RO)

Cover your  file, name, address prior to scanning it. I really dont think it contains CUE but ,since you brought up CUE, it is always best to check...

 

 

 

Edited June 19, 2018 by Berta
added more info

[Berta]

Forgot to ask- has your lawyer mentioned a potential CUE?

They would know right away if the decision contains CUE and could help prepare a CUE claim.

[vetquest]

The time that it takes is relative.  I have heard of BVA cases being cleared in five years, mine took ten.  It has a lot to do with your RO.  The Nashville RO is slow. Good luck and I hope yours is fast. 

[Austin0520]

Hi Berta,

Thank you for the response, you always have great information.

Dr Bash recommended I file the CUE for a decision back in 2004. I was diagnosed with reactive hypoglycemia while on active duty. I was rated at 0% with the reason that I was not on a restricted diet. I have notes from the endocrinologist and dietician about the diet I needed to maintain to prevent hypoglycemic episodes (passing out). I’m not sure it’s a CUE, but I’m going to try.

I only submitted my package and file to the lawyer a few weeks ago so I think he’s still sorting everything out. He thought I had a good chance, but no guarantees of course.

Thank you again!! It feels so nice to have support here.

Edited June 19, 2018 by Austin0520

[Austin0520]

Hi Berta,

Thank you for the response, you always have great information.

Dr Bash recommended I file the CUE for a decision back in 2004. I was diagnosed with reactive hypoglycemia while on active duty. I was rated at 0% with the reason that I was not on a restricted diet. I have notes from the endocrinologist and dietician about the diet I needed to maintain to prevent hypoglycemic episodes (passing out). I’m not sure it’s a CUE, but I’m going to try.

I only submitted my package and file to the lawyer a few weeks ago so I think he’s still sorting everything out. He thought I had a good chance, but no guarantees of course. 

Thank you again!! It feels so nice to have support here.

[Berta]

Dr  B will definitely recognize a potential CUE if he sees one!

Here is a Reactive Hypoglycemia award:

https://www.va.gov/vetapp15/files5/1541760.txt

The award refers to Dr "B" ,who provided an IMO/IME but I dont know if that is Craig or not.

Dr Craig Bash did 2 IMos for me-VA refused to read them, that's OK the BVA sure read them.

This was a claim -of which I have never seen anything similiar.

My husband ( Vietnam 65-66) had never been diagnosed or treated for DMII.

I did extensive research to iclude all of my husband's  medical records and prepared my lay opinion with tabbed references to the med recs for Dr. Bash to consider.

I also wanted him to consider the wrongful death award I had because VA had malpracticed on him for heart disease, stroke, wrong meds, admitting they caused his death, etc so it was "as likely as not" they were negligent in diagnosing and treating his DM as well and it also contributed to his death.

He had his opinion done in a matter of days. I knew BVA can read and they would award.

My husband did get a DM diagnosis ( but the medical bastards were trying to cover up the malpractice at another VA hosp and crossed out the entry.) I found the doctor who made that entry and he remembered my husband and had left VA to start a private practice. He gave me a freebee IMO before I contacted Dr Bash and that sealed the deal.

Your case makes me recall what Dr Bash said to me after getting my very first email to me with just a few mentions of my evidence.

He said "Sounds Good!" and that is what I need to say to you regarding your claim-

Sounds GOOD!