Appeal Information??

[McRay]

First post here. 

I have just won 3 appeals that I filed, according to vets.gov website. My first claim was submitted in 1978. According to the website, my appeal was granted for PTSD and 2 other conditions on Sept. 10th. I didn't realize this at first because I kept checking on the ebenefits website and all it said was appeal complete. Then a pop-up appeared to try the new website and I saw that my 3 appeals had been granted and for which issues. However, that was Sept. 10, and I still haven't gotten anything in writing. I've had my atty check and they can't seem to find out anything either. I called the Regional number listed on vets.gov and I did find out is that my granted, closed appeal was brokered out to an office in West VA and that there's another appeal for service connection for PTSD, filed less that 30 days later in Salt Lake City? I don't understand why there are two appeals for PTSD listed, it seems like needless duplication that I'm sure will slow down my claim. Anyone else had a situation like this? Any idea of time frame? I would like this to settle quickly, obviously for back monetary benefits but also because I'm having to travel a long ways to get care at a VA hospital. When I question the atty's office, they're positive and tell me the longer it takes to get the decision, the better off I may be.

Thanks!

[broncovet]

You will just have to wait for the envelope, pretty much like everyone else.  It just does not make sense to speculate on what ebenefits, vets.gov, or your 3 year old neighbor says, as all of these are unreliable.  

Im not going against your attorney's advice, you should take it.  Even tho the courts no longer allow the EAP

(Extrordinary Award Procedure, that is over 25 k takes 2 signatures), well, it lives on, but the VA does not talk about it, because of this:

http://thomasandrewslaw.blogspot.com/2010/08/macklem-eap-equals-cue.html

 

[McRay]

Just remembered to give update. I was awarded 50% on appeal and an effective date of Sept. 2015. My atty has filed a NOD and tells me they will litigate for an effective date of 1978 because VA didn't have all my records when original claim was denied.

[Berta]

Interesting- I think the lawyer means using 38 CFR 3.156 (c)  ???

https://www.law.cornell.edu/cfr/text/38/3.156

If it regards the PTSD , VA didnt call it PTSD until sometime in or after 1983- My husband's original award (for PTSD) just says 'nervous condition".

Nothing is Impossible:

"ORDER An effective date of July 27, 1978-date of VA's receipt of the Veteran's original claim for benefits-for the award of service connection for psychiatric disability, variously diagnosed as schizophrenia and manic depressive disease, and later as paranoid schizophrenia and PTSD, is granted."

https://www.va.gov/vetapp16/Files5/1638854.txt

( Ken Carpenter represented him)

 

 

[McRay]

12 hours ago, Berta said:

Interesting- I think the lawyer means using 38 CFR 3.156 (c)  ???

https://www.law.cornell.edu/cfr/text/38/3.156

If it regards the PTSD , VA didnt call it PTSD until sometime in or after 1983- My husband's original award (for PTSD) just says 'nervous condition".

Nothing is Impossible:

"ORDER An effective date of July 27, 1978-date of VA's receipt of the Veteran's original claim for benefits-for the award of service connection for psychiatric disability, variously diagnosed as schizophrenia and manic depressive disease, and later as paranoid schizophrenia and PTSD, is granted."

https://www.va.gov/vetapp16/Files5/1638854.txt

( Ken Carpenter represented him)

 

 

Thanks for the reply.

I'm amazed at how similar our two situations are. I had a severe schizophrenic episode as I was leaving Germany that may have been precipitated by a concussion received in m/c accident. Truth is I don't know.. Atty is Bergmann & Moore firm (Joe Moore) in Bethesda. I haven't discussed the case with him, only my case manager. She says they've found evidence/records that weren't available during original claim decision. After I was originally turned down in 1978, I was pissed off and gave up. Probably had a lot to do with my psychiatric state at the time...

I got a copy of the NOD today and atty is requesting 'traditional appeal process' and a statement of the case. I was in hopes of a RAMP appeal, to speed things up, but I suppose I can wait another couple of years, if necessary. I will mention the case you stated when I talk to atty. 

[Berta]

" I did find out is that my granted, closed appeal was brokered out to an office in West VA and that there's another appeal for service connection for PTSD, filed less that 30 days later in Salt Lake City? I don't understand why there are two appeals for PTSD listed, it seems like needless duplication that I'm sure will slow down my claim."

Maybe ,when they awarded the PTSD with the EED of Sept 2015, they ( the Salt Lake City RO, also realized the 1978 claim could be appealed under 3.156 )- this is just a WAG however (wild ass guess)

because maybe someone who knows VA case law in and out,handled the newer claims,  saw that they had missing service records for the 1978 decision....but then again VA almost never takes the step of filing an appeal for a veteran- the New Appeals Moderization Act might have some info on that-

In any event- many vets have received good sized retro when they used either 3.156 or CUE to get past erroneous situations corrected.

If a vet is denied years ago, and then is awarded when they re- open the claim- for the same disability they had been denied for- obvously the SC disability didnt begin when they re opened the claim- it began with the initial claim-however ,if the original denial contained a "0" rating, that can be problematic, to try to recover any retro.

"I got a copy of the NOD today and atty is requesting 'traditional appeal process' and a statement of the case. I was in hopes of a RAMP appeal, to speed things up" ...yeah- that surprises me too.

I hope the attorney raised the 3.156 C regulation in the NOD.

 

 

 

 

 

[McRay]

I got the info on the RAMP. They chose the traditional process to initialize the appeal and then will put it in RAMP program when argument is finalized.