Updated Timelines

[Indy_CV62_OS]

Not necessarily a question but this is my first post here.  Let's begin with my timeline so far:

2005: Initial Claim
2006: Denied
2007: Reconsideration Denied....I gave up
Aug 2013: Submit new claim
2014: Denied; Filed NOD got SSOC
Feb 2016: DRO Hearing; Phila.
Sep 2017: Granted 60% Combined...Filed NOD
Nov 2017: Filed Form 9

The average time to get an Appeal Certified is about 623 days or about 1 year and 9 months
The average time to get a Hearing from Certification is 519 days or about 1 year and 5 months
The time it takes to reach completion of Legacy Appeal Process is 683 days or about 5 to 6 months after the Hearing

As of this post, the average number of decisions dispatched per week is 1729

I am currently researching Congressional Hearing from April 2015 regarding the Phila. & Oakland RO Whistleblowers.  I do not yet know what kind of Forum this is.  From the forum I used to belong to, you could get your pee pee slapped for even hinting at problems at VA.  I'm very thorough with my research and I hold nothing back.  I'm extremely passionate about the abuses to Veterans and I will always call a spade. a spade.  I am apolitical; I have no horse in that game and I was taught very well by George Carlin since the mid 1970's.  If this will be a problem here, just tell me and I will leave.

Ray

 

 

Edited April 21, 2019 by Indy_CV62_OS

[Berta]

I agree- you have a good lawyer- and they know your situation better than we do.

If the VA 'missed' using the C & P exams to prepare the past denial ,that is one thing, but if you missed the exams by not showing up- that changes everything.

We have all made mistakes in the claims process.....and that is how we learn to succeed.

[Buck52]

I agree with ya broncovet  a denied writ is a wake up call (so- to -speak) to the judge

Sometimes a denied write is just as good as getting it approved.(jmo)

[Indy_CV62_OS]

3 hours ago, broncovet said:

I have filed a Writ.  It was denied, just like "virtually all of them".  However, prior to the denial of the Writ, the VARO submitted a "response" to my allegations in the writ, the VARO agreed there was a "list of actions" the VARO needed to take.  

One of those "actions" the VARO themselves identified that they needed to take was to adjuticate TDIU (which they had not done in the 7 years prior!)

Probably less than 3 months after the Writ denial, I received a 100 percent P and T rating.  They "adjuticated" TDIU as "moot" with my 100 percent P and T.  

Is this coincidence?  I think not.   Alex explained that VA is petrified of a Writ Award.

Alex has filed at least one writ also, and he has not, to my knowledge,  ever got a writ awarded, just like the rest of us.   

A writ is a good tool.  I do think you need to do your best when you file it, but the message it sends to the VARO is: 

You do need to "paper" the writ.  For example, send an IRIS email, or a letter (certified) that you have not yet received a decision on your collapsed lung claim in XX years.  

The court wont allow a writ to be used as an alternative to an advance on the docket.  You have to have "no other alternative", which means you TRIED alternatives, and you need to document that you tried.  

I think the important thing in a writ is to motivate the judge to ask the VARO for a "response".  That is key.  

The judge does not have to ask the VARO to a response to your allegations.  He can simply deny your writ as its without merit, especially if you did not persue alternatives..such as writing to VARO, email them through IRIS, re apply, etc., etc.  

You need to show that your writ is the last resort, and "paper" it to prove that.  

Example: 

The above quote is  my own words paraphrasing my own writ.  The writ was a success, even tho it was denied, because it accomplished its purpose:  Forcing a decision on TDIU that had gone on unadjuticated for 7 full years.  Notice I did not put the "time issue" in there. 

    The courts dont want to put a time limit on what is too long a time for VA to adjuticate.  (Even tho they should do just that!!).  Knowing this, I tried to show there lack of response, not that "the VA took too long to adjuticate".  

     You see, the court has not defined how long "too long" is.  5 years?  10 years?  How long is too long.  The VA has a pat answer:   

The above rhetoric is, again, paraphrasing VA's response.  They pretend to the court they realy care about the Veteran, and there are just things beyond VA's control that delays claims.  Its all a lie, but the court buys their lie every time.  

    In summary, you want to do a good job with the Writ, but dont expect it to be awarded.  Expect the VA to pretty much say,

"Ok, yea, you are right, Mr. Vet.  We need to adjuticate TDIU.  We processing that right now, and it will be out soon.  

"So, as you can see, your honor, we have taken care of the problem, so the writ needs to be denied as it is now moot, as we promise to fix the problem right away."  

This crapola is the rhetoric VA uses to motivate the judge to deny  the writ.  

    The judge "looks the other way" even tho he knows the VA statements are lies.  You see, if what the VA said were true, they would have already fixed the problem and no writ would be needed.  Instead, they just keep ignoring the Vet, hoping he will die or get tired of fighting and give up.  

    

 

@broncovet Currently, all emails through IRIS go to Peggy and not the RO.  Certified mail to the RO would probably work since we can still Google the address for the RO.  I'm going to discuss these things with the lawyer.  I'm sure he's going to advise that we follow the protocol but when I first met him, he had said that he would potentially make them go all the way back to Separation.  He is that aggressive and I'm sure he'll know how to do these things.

The VA does not acquit themselves as working hard for all of us.  To the average person, you would think they would say to themselves "shit, this guy could've been collecting since 1986" but no, that's not how it works.  They are the gate keepers to the stash.  They decide who gets what.  Mostly, they deny, deny, deny.  Nothing, not one damn thing has changed under the new POTUS.  I watched every rally and heard all the nice talk about "Our Veterans".  Talk is cheap but it can buy a billionaire the White House.

I do have a new question: since 2005, I have been claiming panic/anxiety due to the collapsed lungs.  In April 2017, I had a C&P exam with a Psych in Philly and she had said that I was mis-diagnosed.  That what I have is PTSD and she completely filled out the DBQ with her Diagnosis's, Stressors and Nexus.  Should I claim PTSD?  From what I gather, since I'm already SC for mental that I can't claim it.  The reason I ask is that PTSD can only be Rated 0, 10, 30, 50, 70, 90 and 100.  Her DBQ has Suicidal Ideation and it lines up exactly with 70% on the PTSD table.

[Indy_CV62_OS]

One more question...When do we reach the point where our posts no longer require Moderator?  When I can take my 3's and 2's?  LOL

[Tbird]

@Indy_CV62_OS you are good to go now, so for the delay. I am behind.

[Indy_CV62_OS]

@Tbird Thanks shipmate!