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

4th of July appeals

Rate this question

jfrei

Asked by jfrei,

 Share

Question

jfrei Grand Master

jfrei

Posted
Posted

Well I hope everyone has a good and safe 4th of July. I’ve come to understand the 18008271000 really nice do not have accurate info on your appeal my appeal was remanded to the RO/AMO. I received there decision and denial on June 1st and mailed back the page two to avoid delays and be sent back to the BVA. They give me the scripted answer well your appeal has been remanded I said sorry sir it has already been decided you can see page to of the decision entered into my appeal to waive the RO review and goto the BVA. He said I see your point the other pages haven’t been entered I laughed, question is will my decision be entered into my appeal or will it just be sent to the BVA? It shows two appeals pending on ebenefits that’s   Just a motion to reconsider the fact they denied a condition I never filed for using a condition saying A didn’t cause B but they never service connected the A which I did file for. Apparently that’s  with a judge awaiting....just when you think the wait is over they update there system!F561EED2-0886-4D5F-85E9-5090540BFC34.thumb.jpeg.b98c0cfc19ff0cf6d8021230975f80cc.jpegCB60EA28-D83D-440B-9C9D-BD14F1F7BC31.thumb.jpeg.03b4d8de81d1fcde54a8ee8dbc6250b0.jpeg

Link to comment
Share on other sites
  • Answers 4
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

Posted Images

4 answers to this question

Recommended Posts

  • 0
  • Moderator
broncovet Grand Master

broncovet

Posted
  • Moderator
Posted

Did you get a written decision?  If so, that should "trump" ebenefits.  In fact, the advice from your next door neighbor's 4 year old daughter is probably more accurate than ebenefits.  You should call the BVA, your VSO or attorney for better information.  

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

jfrei

Posted
  • Author
Posted (edited)

Lol sounds about right i gave the AMO a call they said it was all sent back to the BVA on the third and will resume where I was on the docket.  Funny how things only move when your actually checking in on it. Now my motion to reconsider is actually with the judge not sure what he’ll say. The DVT issue was denied there at the AMO saying there was no current diagnosis of a DVT and MRI done agrees. The other reason was they could find no information or diagnosis of a DVT related to my service totally ignoring the bilateral DVTs I had from my TBI that is service connected sounds like another long fight...the AMO didn’t sure any evidence just said they could find nothing which is so dumb.. I will be calling the BVA tomorrow to make sure they have my DVTs diagnosis from 2006 and 2007 and to see if anything will be needed for the skull fracture..

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

jfrei

Posted
  • Author
Posted

I called them well more specifically the director who routed my call to a representative working on my claim. So I am awaiting for it to be recertified to the BVA again see how long that takes. It’s only been since July 3 so technically he said they have 14 days to wait for new evidence even though I signed the 30 day waiver. And it’s the AMC now I was corrected multiple times by them and the RO...

Who remembers the office of case management until they shut there number off a year ago for helping to many vets...

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