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 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

"A judge is reviewing your appeal" "Decision soon"

Rate this question


PostMan1988

Question

Recommended Posts

  • 0

I went last year for a C&P exam in Tulsa. Dr. Colon chewed me out when I asked him a question and told me set there and shut up. That judging from my records I was a frequent flyer and that I should have separated everything in my files for him before I went. I told him the VA letter said not to take any records with me they would all there for him. He got even more mad and sent me off for x-rays. When I got back I went to patient affairs at Muskogee VA and was told if I wanted an upgrade I should have claimed I was depressed. I filed an appeal a year ago this month in 2019. And in February 2020 it said it was with a judge an decision should be made in next 4 to 8 weeks.  It's now October of 2020 and there is  no end in sight. All I have to say is hurry up and wait just like we did in the chow lines onboard ships.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Thom Not sure if you have a question or not. You did right in going to patient affairs to tell them about your exam's treatment. When you do that, I would have a statement in writing to be sure it is entered in your file. Hopefully it was. If it wasn't, you should find out, and if you receive a negative C&P exam/decision, I would go back again in writing on appeal and say that neither were put in your record. As for the chow lines on your ship, was the food worth the wait? Whether or not it was good, you didn't have a choice then and you have none now. It is all about the Covid19 flu, with delays accross the board. There may be a possibility you need to have another C&P exam and that could be the hang up. Just hurry up and wait Thom.

Link to comment
Share on other sites

  • 0

These long wait time for a appeal decision is crazy.The veteran serve this country with Honor and receive a Honorable discharge now his body and mind is hurting what do this country do .Use u first my generation we was drafted for war after high school or college train how to kill in the Vietnam Era but nobody gave a dam about the Vietnam Era veteran until 9/11 happen then all of a sudden Americans citizens telling Vietnam veterans ":THANK YOU FOR YOUR SERVICE": well it's about 46 years to late to thank us now.Right now u have Vietnam veterans dying at home from AGENT ORANGE with their claims some of them being DENY.Fortunately my brother in law survive the Vietnam War but die from AGENT ORANGE complications yes it did receive a disability check from the VA for several years before his death thank God for that, but their many Vietnam veterans dying with their claims being Deny.Veterans appeal cases taking to long for a decision maybe we the veterans need to find some smart lawyers and file a CLASS ACTION LAWSUIT AGAINST THE VETERANS ADMINISTRATION for the long delay in making a decision on APPEAL CASES with so veterans dying before a decision and if they the veterans die before a decision is made the family of the decease veteran should still be award the funds from the case .In this VETERANS Administration system we live in would be different if it was mostly RICH or WELL CONNECTED veterans filing these disabilities cases the decisions will be decided a lot QUICKER, but that will NEVER happen we all know the MIDDLE and LOWER CLASS FAMILIES make up the Military.We do the killing and the dying for this country for example that CAPITAL GUARD die while defending the capital and now a Republican congressman would not shake the Guardsman hand who was hurt trying to protect the Capital and the congressman.Recently a survey poll was taken the Republicans would vote for PUTIN instill of BIDEN for President,WOW what a country I stood next to men who was DRAFTED did not want to be there but this country drafted them for war and they was order to go to Vietnam to kill or be kill some made it back some did NOT, and now we got a party(THE REPUBLICAN PARTY)in the UNITED STATES not wanting to give those guards a award for defending the Capital, but yet still they have the power to declare war on our enemies and if necessary draft your sons  if need be for war. THIS COUNTRY GOT PROBLEMS,,PROBLEMS THEY DO NOT WISH TO SOLVE but continue to live under the THE BIG LIE drama .The historians will tell the truth and our children and grandchildren will read about the truth what happen to the Republican Party and Mr. Trump.We the veterans and capital guards kept our oath.Ask the Republicans congressmen did they kept the oath 

 

 

 

 

 

Link to comment
Share on other sites

  • 0

Veterans can certainly file Class Actions:

https://community.hadit.com/topic/74911-mandamus-granted-to-this-class-action-case-cavc/#comment-467472

Many of us here were in or will be in the Nehmer Class Action (Agent Orange) as VA finally adjudicates Blue Water Navy AO claims.

I agreed with most of what you said-sbout the VA claims process,but a former member here used to say getting veterans to unite on  doing anything is like " herding cats."

I learned that can be true sometimes when we had a group of disabled vets here, to try to start a Vet Link in NY.We would need to apply for a grant, and then develop the Vet Link format.

This was in the late 1980s, but we all had PCs and I had found Vet Link USA when I played around with a new PC we got that had a modem. My husband found a Vietnam vet from Australia one night and stayed on Vet link with him for hours. Our phone bill was over 400 bucks.

We. in NY ,needed far cheaper access than that.

As I cooked dinner for everyone the vets developed of list of things we had to do- contact our Congressman etc etc, find out licensing info, try to get a state grant,  etc etc...and they decided who of the group should do each task. I missed much of the discussion because, while cooking, I also had to feed my livestock-

As I sat down to eat with them they gave me the list of tasks.

My name was the only one on each task.

HOWEVER I have been part of many vet issues that involved many vets helping in any way they could- for example I was with the original Blue Water Navy Association, and wrote the first draft of the AO Amendment...long ago....but time and internal politics changed that.

Speaking of politics, you sure lost me .with the political statements you made here.

I have always been under the impression that politics and religion are not warranted here.

Otherwise I could have been preaching the gospel here rather than trying to help veterans with their claims issues. My claims only succeeded by LOTS of hard work and lots of prayers that the Evidence would reach someone at VA , who could read.

This is an educational web site-geared to helping veterans and their survivors succeed in their VA claims.

if you are willing to begin a class action movement, that would be great and I am sure others here would be willing to help with that.

Have you checked to see if there might be a class action pending on the same issue?

 

 

 

 

 

 

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • 0

There is a Class Action pending- regarding the long delays of VA claims:

https://www.militarytimes.com/news/pentagon-congress/2019/06/17/court-allows-a-class-action-lawsuit-against-va-for-the-first-time/

In part:

"This case — Godsey v. Wilkie — sought relief for veterans facing lengthy waits for the department to certify their disability benefits appeals claims. The case was originally filed in 2017 on behalf of four veterans facing lengthy delays, but lawyers argued it should be broadened to include an entire class of individuals waiting for their benefits."

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      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
    • Do the sct codes help or hurt my disability rating 
    • 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.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use