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

[PostMan1988]

Update: Closed August 15th

Wondering if anyone else has seen this before and if the timeline was about right?

 

Edited August 17, 2019 by PostMan1988

[retiredat44]

15 hours ago, MarkInTexas said:

I get the same screen and slowly march toward the end.  Mine was decided by a Judge on at the end of October, 2018 with several granted conditions and two remands.  However, the grants have not been "granted" at the local VA level, and waiting for a new C&P on the two remands.  Meanwhile, the little status bar now moves at a little under a hundred appeals less in front of me per day.....still have like 43K in front according to the status bar.

Good luck!

Mark

 

I never saw a status bar? can't find the tracking for veterans ahead in line,,,,, gave up looking... but yes, thank you.... good too know it is not frozen forever...

 

this is missing, looked forever:

This progress bar shows the total number of appeals on the docket, and the number of appeals ahead of you.

 

I guess I am special.. [sarcasm]

Edited August 25, 2019 by retiredat44

[retiredat44]

btw, this video explaining a real life experience of someone who filed a claim, is b.s. at least for me and so many others,, they cherry picked a claim where the vet wasn't screwed bad.

 

 

so misleading it is criminal how they show a good process that we never got...

 

IMHO

 

(I am sorry about the vet who was actually in the video and used as propaganda by the liars))

[retiredat44]

well they changed the status of mine, it went from 1-2 months for decision to judge is getting more medical opinions...

 

[retiredat44]

The BVA again sent me same copy of the medical opinion (from Columbia University College of Physicians and Surgeons) of my pancreas procedure at the va (part of 1151 claim), that they sent me with another medical Opinion response Form asking me if I had a statement and/or documents to attach and send back. I wrote a letter, a response, and checked to waive the RO, and waive the 60 days, and go straight to the BVA Judge. 

In my letter, I stated they wrote the wrong medical terms for my diagnosis, and they did not use some known widely used available tests that are standards for determining if the pancreas will have issues from an ECRP, which included references of the studies.

A few months back, the GI Clinic at the VA which I was hospitalized for 6 months wrote me an IMO, that had the words 'more likely than not were the cause of my necrotizing pancreatitis'. I had asked to have a doctor that cared for me while I was an inpatient who was in the GI clinic, but he had moved and left the VA. The doctors in the VA GI Clinic that I was under the care of had an IMO written up for me on my behalf, which I sent to the BVA as part of my appeal.

I feel very confident I have done everything I could. The BVA keeps dragging this out. My POA says she knows the judge and sent my documents to BVA.

I felt since they are again sending me forms if I had more I would send more. As like with everyone else that goes through this VA/BVA nightmare I am so tired, so angry.... I have lived long enough to see it this far, but have spent more than half my life sick in bed. And treated very bad by lots of people who do not understand what it is like to suffer so long.

 

BTW, the 1-2 months part was removed from that page of my appeal. Whatever that means.

Edited August 31, 2019 by retiredat44

[retiredat44]

ok,, been mulling this over, and cannot find out the answer until next week. My VSO, POA, only does BVA level appeals. I asked why the BVA sent me a medical opinion 2x, the same one twice! They sent it to me to rebut my 1151. It makes no sense to me. I asked my VSO why it was sent to me twice, and she replied they she had to re-submit my paper I submitted a few months back. She said she did something wrong on the official submittal channels to the BVA, something about putting my SS# on them so it was kicked back to her. I am wondering if she went to submit my Medical Opinion from the GI Clinic with the key phrase, 'More Likely Than Not', in the Medical Opinion, and maybe that made the BVA send the BVA's medical opinion against my 1151 back to me a 2nd time thinking I did not rebut it, when I actually did, but since I rely on my VSO/POA to submit my documents, maybe she screwed up that one,  hence that Medical opinion coming back to be 2x. That means it almost blew the whole thing, plug set me back several months. Or maybe it was a other form when you tell them you want to submit more evidence, or not. This is a good argument for not using a VSO because if they screwup we get royally screwed, and we may never know what is sent to the BVA through a 3rd party. Even when we send documents we never really know if they are received, filed, read, or trashed.

I will have more to say later, if I find out what is going on. This nightmare that I, yes I know it is we, everyone that appeals. Or just gets injured on active duty goes through hell because of this rotten process.

So, Again, I hope I am done submitting and hope the BVA judge does the right thing and soon. I am not trying to be a drama queen but I have been very close several times to going back into the hospital. And the stress it terrible.

I wonder what happened with the class action for those that have been forced to wait a long time for their appeal ? Those suits can take a very long time, And make it through lots of hurdles to get through the whole process. That is in another thread, or an article.

Thanx for listening, try to have a good holiday, the last of the summer. I for one enjoy fall and winter.

[Dwayne S Coley]

I was certified with the BVA August of 2019. The status changed Feb 2020 to awaiting Judge review. August 2020 status updated to Judge is reviewing decision soon. I don't like calling the BOVA line because some of the agents are extremely vague & rude. It's very difficult managing through major depressive disorder & the appeals process. 

I held my breath & reached out to the BVA & unfortunately there attitudes weren't any different. I was advised by four different agents inadequate information. When asking for a supervisor they are argumentative & I never hear back.

 

I reached out this morning & was advised a decision has been drafted but not finalized by the judge. I know under normal circumstances their information is very shallow, but this agent gave me hope. I believe by faith the decision is favorable & in many ways this called confirmed it.

In Sept of 1986 I was wrongfully discharged after seeking help for hazing & abuse while in the Corps. I should have received a medical discharge for Major Depressive Disorder, but instead it was Personality Disorder. I had never had any mental issues in my adolescent years or any time in my life. I passed my entrance exam with no mental illness markers. I made it through 13 weeks of Paris Island SC Boot camp & reported to my unit in El Toro CA. It was not until after my unit had a new Staff Sergeant assigned over my administration that my troubles began. It was almost a year of mental & physical abuse that I was completely broken in spirit. I was abruptly discharged & cast aside. I didn't understand exactly what Personality Disorder meant but it felt like I was escaping my abuse. 

I attempted many years to conceal my DD-214 & navigate to life is best I could. I didn't realize the effect it would have on my life. It's been 30 + years I've dealt with brokenness & isolation. I hit rock bottom in 2018 losing everything. I felt my only recourse was suicide. It was only by the southern grace of God that I drove myself to Gainesville Memorial Hospital. I was Baker Act & this was the bridge that pulled me from dark waters. I began to get treatment & a place to stay at The Honor Center in Gainesville FL. I started self advocating and requested my C-File. I reached out to Chisholm Chisholm & Kilpatrick Attorneys at Law and they accepted my case. Upon review of my evidence they hire a medical expert home review home whom reviewed over 3500 pages of my medical records. She was able to refute a previous comp and pen exam that was bias by the VA examiner. I was also by the grace of God able to get a buddy letter from a marine brother icer with doing my enlistment. It was due to all of the information provided that my life is forever changed.

I'm just waiting for the Veteran Law Judge to finalize & sign the decision. I know this is more than what the post asked, but it's my prayer it encourages someone never give up & fight!