Legacy Claim to NOD. Fully Developed Claim now and AMA?

[FlyboyLeRoy]

I have a claim from 2/2019 and was granted some of it for my ear issues. We did an NOD for increased % for hearing loss and also ear infections, all ear related conditions. This NOD was received 12/17/2017. In April 19, I submitted a fully developed claim with a civilian ARNP ENT nexus statement (50% or greater caused by service), DBQ, and treatment records. All in my favor for what is now diagnosed meniers disease. With that claim I submitted a VA ent doctor diagnosis of meneirs and also currently being treated for it by the VA. After paperwork is received I then have a C&P exam approx 2 months after. Another ENT nurse practitioner, after her exam, tells me that she is serviced connecting me for meniers and then she does believe it is caused due to the military. This same ARNP gives me service connection, dbq, and her exam is in my favor 50% greater than caused to service. That's 2 DBQs and 2 Nexus in my favor all submitted. A month or so passes and I am told that the VA is unable to process this claim due to an old appeal (2017) that is too similar to this current meniers. As I see it and per CFR 38 etc etc it SHOULD easily be rated 100%, as all required marks are met. However it is not processed as i mentioned and attached to my NOD from 12/2017. I spoke to a few other people including 2 from FDVA (florida) and was told i should be receiving a decision on my claim/NOD within 30 days and the other told me 30-90 days. They also said that I should be granted something in my favor shortly since they responded and attached it to my NOD rather than sending me back just a denial while continuing my NOD. My timeline for the NOD says 1-26 months (legacy) dating from 12/2017. Since I am now 1 year 9 months in this NOD, and all evidence is submitted and done, I am unsure if i should opt into the AMA process with the 125 average? And or wait since my NOD/claim is SUPPOSED almost done with due to C&P results and all other paperwork in my favor? I'd hate to join AMA if i may be weeks away ( I Know no one knows for certain)  from a decision. What is your advice or experience with this? Thanks for your time. 

[GBArmy]

Just to answer your direct question, I would expect most posters will suggest you stay the course. You have gone a long way; jumping ships might not be a good idea. Stay where you are.

[Buck52]

The 12/2017 Appeal is more than likey  what  caused this?   it opened up a complete review of your file  and this takes time to do  therefore delaying your claim sort -of -speak.

its certainly your option to  join RAMP.AMA at this time    this program is just to new to make an assumption as to rather or not it will be any faster  we just don't know yet?

I believe you need to just stay the course and wait it out, you can call the 1-800 # everyday and maybe they may get tired of your calls and hopefully look into  whats holding things up?  who knows what they might do?   dealing with the VA has always been a Crap Shoot.

[vetquest]

I am in a similar case with an NOD that is legacy.  I have been tempted to jump to the AMA but recently I have changed my mind.  I filed a fully developed claim in February and have just been scheduled for a C&P in the AMA.  I am not too impressed with the speed that this is moving.

[Holllie Greene]

Computer issues and passwords problems appear to be solved...

Anyway, my appeal is in legacy and it has been a little bit over 1 year...I continue to wait.

[GeekySquid]

On 7/29/2019 at 3:35 AM, FlyboyLeRoy said:

am unsure if i should opt into the AMA process with the 125 average?

Hey FlyBoy, got a question on process and documents. Did the VA send you any doc that said. "you can change to the AMA process at this time if you want", or anything like that?

I would be curious to see their wording and in what "form" it appeared if you don't mind sharing.

[broncovet]

Do you have a docket number?  If so, what are the first two numbers?  

For example, is your docket number 17xxxx or 

18xxxxx or 

19xxx? 

If you dont have a docket number, then my suggestion is you opt into AMA.  

Reason: 

AMA (aka Ramp) saves 2 years..no SOC and no certifiing your appeal to the board is needed.  

However, if those have already been done, and you have a docket number, leave it alone. 

Its my opinion (not shared by all), that a SOC, and certification to the BVA is totally un needed and a waste of at least 2 years.  Its not even sent to the board until a SOC is completed, YOU file the I9, AND the VARO certifies it for the BVA.  (with legacy appeals).  

HAve you received the SOC and sent in your I9 (appeal to the BVA)?  If not, my suggestion is to opt into AMA, because you have about another 4-7 years before you will see a decision with legacy appeals.  

Once you get to the BVA and have a docket number I dont think there is much difference between RAMP and legacy appeals except:

1.  If you opted for Higher level review (instead of SCL), then it will likely hurt your effective date. The Supplemental claim lets you submit new evidence, while HLR does not.   Read 38 USC 5110, posted below.  

2.  VA has promised RAMP (aka AMA) appeals will take place before legacy appeals.  Oh, I know.  VA does not keep all their promises.  

Quote

(a)

(1)

Unless specifically provided otherwise in this chapter, the effective date of an award based on an initial claim, or asupplemental claim, of compensation,dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor.

(2)For purposes of determining the effective date of an award under this section, the date of application shall be considered the date of the filing of the initial application for abenefit if the claim is continuously pursued by filing any of the following, either alone or in succession:

(A)

A request for higher-level review under section 5104B of this title on or before the date that is one year after the date on which the agency of original jurisdiction issuesa decision.

(B)

Asupplemental claim under section 5108 of this title on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision.

(C)

A notice of disagreement on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision.

(D)

Asupplemental claim under section 5108 of this title on or before the date that is one year after the date on which the Board of Veterans’ Appeals issues a decision.

(E)

Asupplemental claim under section 5108 of this title on or before the date that is one year after the date on which the Court of Appeals for Veterans Claims issues adecision.

(3)

Except as otherwise provided in this section, for supplemental claims received more than one year after the date on which the agency of original jurisdiction issued adecision or the Board of Veterans’ Appeals issued a decision, the effective date shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of the supplemental claim.

2.