TBI CLAIM

[Mr.B]

I submitted this claim for TBI with MRI and my psychiatrist records stating I had this since 2001 and letter stating I cannot work due to my injury! I used the DAV! I got two computer generated letters! The claim was submitted 15 January 2020!  How long does claims take these days! My claim in the year 2001 did not take this long! Is the the sign of denying my claim or should I get rid of the DAV and retain a Lawyer to represent me?

Edited June 8, 2020 by Mr.B

[kanewnut]

Even with a hearing docket in the AMA it should take less than a year.

STATUTORY REQUIREMENTS
38 U.S.C. § 7101(d)(2)(A): the number of cases appealed to the Board during that year
36,062 - Number of cases formally appealed to the Board (substantive Appeal (VA Form 9) filed) 23,849 - Number of AMA cases formally docketed by the Board (VA Form 10182)
69,008 - Number of legacy appeals certified to the Board
137,383* - Cases pending (certified) before the Board at the start of FY 2019 120,638* - Cases pending (certified) before the Board at the end of FY 2019
190,216 - Substantive Appeals (VA Form 9) Filed in FY 2016 through FY 2018 246,323* - Cases Received at the Board during FY 2016 through FY 2018
     38 U.S.C. § 7101(d)(2)(B): the number of cases pending before the Board at the beginning and at the end of that year
    38 U.S.C. § 7101(d)(2)(C): the number of such cases which were filed during each of the 36 months preceding the current fiscal year
    38 U.S.C. § 7101(d)(2)(D): the average length of time a case was before the Board between the time of the filing of an appeal and the disposition during the preceding fiscal year
     Legacy Appeals - 1,273 days
AMA Appeals
Direct Docket Appeals - 142 days Evidence - 196 days
Hearing Docket - 291 days

[Mr.B]

I have been see my VA psychiatrist since 2001! He stated all through my records about my condition TBI. VA will not allow me to go to school! They denied me due to my condition! I just never applied because DAV stated 100 TDIU would be best to drop seizures claim. Then started to see my doctor in 2001. Then was placed on seizure medication for over seven years! So I was diagnosed for TBI in 2001.  He states to me that I still cannot go back to work because of my condition! He wrote a letter stating I cannot work due to TBI!

So DAV states claim still pending! I submitted my claim in January 2020! Only got two computer generated letters! I’m only claiming one thing TBI! They have over 20 years of documented information from my records and my VA doctor! Also they have my MRI! Also I was being seen by internal medicine doctors! 

 

[Berta]

Do you have inservice proof of the event that caused the TBI?

-

you said:

"DAV states claim still pending! I submitted my claim in January 2020."

I think you need to be patient. There are vets here whose claims took many many years, even decades.

Can you explain this:

" I just never applied because DAV stated 100 TDIU would be best to drop seizures claim."

Did you ever apply for TDIU or for seizures?

[Berta]

Are you the same Mr B whose profile says this

"I am 100% TDIU T & P since 2002"

and this:

"I was on tdrl before I retired. Then was retired with twenty years in service."

Did the DAv ever suggest that you apply for CRSC or CRDP?

[Christie]

On 6/12/2020 at 10:49 PM, Mr.B said:

"So DAV states claim still pending! I submitted my claim in January 2020! " So you are early in it then???? January is not that long. I was fighting for over 20 yrs before finally on May 20th getting the Judge to grant my TDIU. What does VA.gov state when you go in under your appeals? There is even a ticker that lets you know where on the dock you are, BUT BEWARE it is slightly wrong. Mine said I was still 120k but yet my case went to the judge and granted. My appeal had been there since Oct last year. So, be patient my friend..you got a wait.

 

 

[Mr.B]

I looked at my case online it’s states that they are waiting on records from my service organization! But I notice my appeals from 2002 seizures was granted! I never got a letter stating I won my case! TheY state my claim should be finished 18 July base on other claims like mine! They say they cannot do anything because COVID-19 has the records office closed!