Backlog for remand processing, can I get them to use original claim date or docket date?

[ChrisHW]

Hi!  long time lurker...  past year 12 and VA still dragging their feet.

 

Does anyone know any way to get the RO to schedule me by the earlier date?  Is the BVA Judge and my attorney correct that the RO should consider docket date?

 

Original date of claim 2007, current BVA docket date 2012 (LMAO, my BVA wait was hours, was first in line).  Awarded 0% in 2017 dated back to '06 (receiving SSDI since 2007).  Anyways, remanded for same reason as 2014 remand, C&P exam (RO ignored last remand orders). C&P says unable to work due to disability.

Last I heard there is a 30 month backlog from date the RO received the remand from BVA (Jan 2019).  My VSO/Atty said that the RO is supposed to consider mine out of order due to the early docket date.  The Claims Coach said, nope, its the new date of claim assigned when we receive it from BVA.  

My interpretation is that since the BVA decides by docket date, that the remand date usually corresponds to the docket date.  In my case mine was decided out of order so the lawyer and judge said that the RO is supposed to consider the docket date while scheduling prioritization.

I can get a email to the claims coach if I can find justification for a earlier date of claim.  

Any suggestions?  Thanks!!!

[broncovet]

2 things:

1.  Earlier EFFECTive date.  That may not be relevant, your effective date should be the later of the date of claim or facts found, with some exceptions.  

2.  EArlier BVA decision.  This is what I think you are referring to.  Unless you meet the criteria for an advance on the docket, there are a few other things you can try also:

I recently found out (via a phone call, reminding you all VA employees can not be trusted) that BVA no longer has a number to call.  The hypothesis is fewer resources go to informing Vets as to their status, more resources (labor) into adjuticating more claims.  

I read somewhere (maybe Alex, but I dont remember where I read everything, so if I am misquoting Alex, maybe he can forgive me..it must have been someone else) that the BVA is priortizing claims over 10 years old.  My claim, like yours, is well over 10 years old..in fact, mine is 17 years and counting.  (2002).  

There isnt anything you have to do to get your 10 year old claim prioritized.  

Your "claim coach" may/may not know what he is talking about.  More likely he does not know.  

You can try calling the white house hotline, explaining your claim is well over 10 years old (12 years, if I did the math right).  You can ask the white house hotline if they stoped counting claim times in years or decades, but have decided to do it in generations, instead.  Tell the white house hotline (Trump promised to fix VA even if he has to fix it himself), and ask him if 12 year delays in appeals means its "fixed".  

 

[broncovet]

By the way, my experience is you DO get to keep the older docket number when you have remands.  I was told that by a BVA employee, and, did get a decision in a few months instead of years.  Did you opt into RAMP?  If you did, that is also supposed to bump you to the top.  If you did not opt into ramp, well, there are consequences of not opting in also.  

[ChrisHW]

46 minutes ago, broncovet said:

By the way, my experience is you DO get to keep the older docket number when you have remands.  I was told that by a BVA employee, and, did get a decision in a few months instead of years.   

Thank!  Yes, the BVA used the old docket number.  My case was heard in days once they "got" it from the Regional Office. It was remanded again to the regional office where it is sitting in que with a "new" date of claim of January 2019.

 

51 minutes ago, broncovet said:

2 things:

1.  Earlier EFFECTive date.  That may not be relevant, your effective date should be the later of the date of claim or facts found, with some exceptions.  

2.  EArlier BVA decision.  This is what I think you are referring to.  Unless you meet the criteria for an advance on the docket, there are a few other things you can try also:

I recently found out (via a phone call, reminding you all VA employees can not be trusted) that BVA no longer has a number to call.  The hypothesis is fewer resources go to informing Vets as to their status, more resources (labor) into adjuticating more claims.  

There isnt anything you have to do to get your 10 year old claim prioritized.  

Your "claim coach" may/may not know what he is talking about.  More likely he does not know. 

 

Thanks!!!

1.  My effective date is 2006.  In the 0% rating.   I am waiting to appeal this-  they used claim date vs intent to file and I have VA letter.  I didn't want to slow this appeal trying to add the effective date until the remand rating is done.

2. My BVA decision was same day.  literally same day.  Remanded again for C&P (regional office ignored original remand for C&P). Wait for review was a couple days.

The BVA number 800-923-8387 still works, the (202) is disconnected.

The claim coach is the VA supervisor over the DROs.  I agree she doesn't know ha ha ha

 

My case is at the Regional Office.  The lawyer and judge said that it should have the same "claim date" of the original BVA remand (2013) for prioritization but when the Regional Office got the second BVA remand claim they assigned a new claim date (2019).  The BVA remanded for C&P in 2013, I was approved for 0% but never got the C&P.  So it went back to the BVA who used the original docket date and remanded again for a C&P.

 

Sorry for being confusing.  I'm confused!  In a nutshell, the attorney and BVA judge said that the date of claim for regional office prioritization should be based upon the original remand, not this new remand to do what the original remand ordered.  The Claims Supervisor at the Regional Office says no, I get a new date and so instead of being in the "front of the line" i'm last and have a expected 30 month wait.

 

Thanks!

 

 

Edited August 1, 2019 by ChrisHW
clarity

[broncovet]

The claims supervisor at the VARO does not necessarily know what she is doing.  Remember, the skills at VA are often inversely proportional to the "rank" at VA.  If they were important, they would not be working the phones.  How many times have you spoken to the VASEC or president on the phone?  

Your lawyer should be handling these details, and some may not even appreciate you calling the BVA/VARO asking questions.  What did he say??

You see, employees can write down what you say when you call them, and it can be entered into your file.  

I completely understand wanting to find out "when" your claim will be processed, especially after so many years, but the reality is no one knows, and there is not much you can do regardless if they tell you its 30 months or 30 days.  Worse, their estimates are not reliable either.  

[Berta]

 "C&P says unable to work due to disability."

Due to the disability you are trying to service connect?

"My effective date is 2006.  In the 0% rating."

Do you get SSDI solely for the same disability the C & P exam was for?

If so does the VA know you get SSDI?

I believe , if you succeed ( hope you do) the VA might have to make a Fenderson rating- meaning a staged rating.

Can you give us the BVA docket #?  BVA remands and all decision are at their web site with no personal identifying info.

[ChrisHW]

6 hours ago, broncovet said:

The claims supervisor at the VARO does not necessarily know what she is doing.  Remember, the skills at VA are often inversely proportional to the "rank" at VA.  If they were important, they would not be working the phones.  How many times have you spoken to the VASEC or president on the phone?  

Your lawyer should be handling these details, and some may not even appreciate you calling the BVA/VARO asking questions.  What did he say??

You see, employees can write down what you say when you call them, and it can be entered into your file.  

I completely understand wanting to find out "when" your claim will be processed, especially after so many years, but the reality is no one knows, and there is not much you can do regardless if they tell you its 30 months or 30 days.  Worse, their estimates are not reliable either.  

Yes, President and VASec a couple times.  totally ignored, well, they entered in the notes they spoke to me but never contacted me.  I was told "out of school" by the Regional Office that this is why some of the documents went missing and to never do this again, makes them look bad so they make me suffer.

Lawyer says that the Regional Office will put me in front of the line due to the early docket date.  She says that's what they are "supposed" to do. But...  can't contact or do anything

They know the exact order the cases will be considered.  I'm at the end of the list (and last heard they are backlogged 30 months)  Their estimate online was April, since then is in three weeks.  This changes every couple weeks so it always is in about three weeks.  

thx!

 

2 hours ago, Berta said:

 "C&P says unable to work due to disability."

Due to the disability you are trying to service connect?

"My effective date is 2006.  In the 0% rating."

Do you get SSDI solely for the same disability the C & P exam was for?

If so does the VA know you get SSDI?

I believe , if you succeed ( hope you do) the VA might have to make a Fenderson rating- meaning a staged rating.

Can you give us the BVA docket #?  BVA remands and all decision are at their web site with no personal identifying info.

1. Yes.  C&P says unable to work due to the awarded disability. BVA remand quotes notes from my private docs that the VA C&P examiner was supposed to address.  These notes were not given to the examiner (of course..).

2. Yes, the SSDI is for the same disability. The VA doc who examined my medical notes in 2016 (not in person) said that CSF leaks, neurogenic bladder etc. are not due to a spinal cord injury while the SSA award said they are symptoms.  The VA examiner also said that headaches/depression/mental issues are unrelated to TBI, SCI...  and so on.  The C&P examiner this spring says all symptoms are a direct result of the SCI. (of course my private docs all say same thing as C&P doc).  There is no doubt of a higher rating based upon medical evidence.  its 20 docs opinions vs 1 (of course I thought the same thing when it was 19 vs 1 due to the benefit of doubt rule...).  The regional office actually had to send my file out to three VA neurologists for medical review to get one who say i wasn't disabled (actually the 3rd doc said that they could not link the symptoms with 100% certainty, didn't say that they were not symptoms but "just as likely as not").

3. Yes, the last remand in 2013 ordered the regional office to consider the SSDI case.  The 0% award said that the symptoms are not due to the disability. Mistakenly, the award actually says that the symptoms are due to the disability, the RVSR probably accidentally left in one of the second examiner's quotes in the award/SSOC that says due to the spinal cord injury.  Of course, the next paragraph it quotes the second doc who says they are not :).  The BVA ALJ actually points out in the remand that one of their own medical examiners said it was disabling in the SSOC/Award.

I think the first time the RVSR initially was going to give an award greater than 0%.  In sept 2016 it went to pending decision approval, then back to gathering of evidence and the third VA medical examination of my file is dated Oct 2016.  It has been alluded to that this was the revenge for filing a VaSec complaint.

4. Anyways, I don't know about the staged rating, the 0% award says the disability is decades old and it states the symptoms have been going on for that long.  The denial for a higher rating was due to the VA medical examiner who said that the SCI symptoms where not symptoms of the SCI. I also had spinal cord surgeries over a decade ago that list the symptoms even back then.

5. I can't find it  11-12 something.

I apologize for going off topic and venting. 

I guess the consensus is that even with a 11-12 docket date that the regional office can prioritize based upon when they received it rather than any other order. The BVA ALJ and my attorney are wrong that it should be dated by the original remand.

Thank you!

Chris

Edited August 2, 2019 by ChrisHW
missing word