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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



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Matti

Tracking remand

Question

I am new to posting so if I’m in the wrong spot - please let me know. I have an appeal that was remanded

by the BVA in 2018. I called to check my status with Peggy and as the person was taking my call was looking

at my info- he said well it’s already being tracked....and that it was in the national work queue since Dec 12, 2019

and hasn’t been looked at since that time. My question is-what do they mean that it’s already being tracked?

 

Thanks sincerely

Matti

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It means nothing.  You should stir the fir.  

1.  Send an IRIS inquiring as to the "status of bva remand". (bva decision date)

2.  Call the white house hotline if no action.  

VA loves to delay.  You have to stir the fir or they could still be delaying a year from now.  

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I sent the IRIS inquiry it was the same verbiage as the 800 # (Peggy) almost word for word. I called the White House number last week and was transferred to a guy name Larry who put me on hold for 47 mins- so I finally hung up...called the White House number yesterday -told the about Larry never coming back to the phone- they put me on hold - came back in just a couple of mins-and said nothing had changed... 

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Posted (edited)

To VA "one week" means a trip to the water cooler takes a week.  While I completely get your frustration, we have no choice but to wait.  Well, there IS an alternative to waiting, but its a drastic one.  (The va took 3 years for a remand for me).  

You are getting close to this.  

IF you have your documentation of iris inquiries, as well as phone calls documented (time, date, who you spoke to and their response) consider filing a writ of mandaums to compel VA to comply with the remand order.  (VA is supposed to give expiditious treatment to remand orders).  

 

My advice:  "File an intent to file a writ of mandamus", something like this:

(On a 21-4138)

    "Notice of Intent to file a Writ of mandamus"

      On (dd-mm2018) the BVA issued a remand order.  Even tho this remand "specifically states" that expiditious treatment is required, 2 years have passed with no movement, and no advisment on "when" the remand will be complied with by the VARO.  

      Therefore, UNLESS compliance with this remand order is received by (give them 30 or 40 days), a writ of mandamus to compel the VARO to comply with the remand order will be filed. 

      Signed, 

Joe Veeteran dated May 20, 2020

Send copies to:

1.  Evidence intake center

2.  Your VSO if you have one.  

3.  The white house hotline, "if" you can obtain a fax number, email, or mailing address" (White house, Washington DC. Attention Donald Trump.  

Dont make an idol threat, FILE a writ of mandamus if they dont comply.  The "fur will fly".  How do I know?  I filed a Writ of mandamus, Pro Se, in 2008.  The judge ordered the VARO to "respond" to my complaint.  The VARO manager sent a response..basically promising to "get on it" in 30 days..and asked the writ be denied.  

      The judge denied my writ, but, low and behold 3 weeks later I got the decision in the mail:  100 percent P and T granted.  I dont care that much the writ was denied, I got what I asked for!!

      INCLUDE in your writ, your attempts to get VARO to comply, such as your iris emails, and white house hotline call documenttion (date, time, who you spoke with, and their response..name names!!!)

     If you are just mad the va is taking too long, and you dont do anything but file a writ, the judge will just deny it.  But, if you documented you tried every other available means..to no avail, then the judge will order the varo to "respond" to your complaint.  A writ should be the last straw, not the first. heir

     Its my opinion the VARO is "petrified" the writ will be granted.  Why?  It looks very very bad for them...the CAVC is a public record, and your varo manager would have the very dubious distinction, of angering a vet so much that a writ was granted.  

     Its my opinion that it would be "exceptionally difficult" for that manager to ever get promoted if they had that on their record.  Instead, they would be the lauging stock of the whole VA.  

 

 

 

Edited by broncovet

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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
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    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
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