Appeal Nearing the end (Appears to be Good News)

[MKAH]

Hi everyone,

I just looked at VA.gov and this is what I see:

Appeal received September 2016

Up to date as of July 11, 2020, at 9:00 a.m. ET

 

Status

Closed

Granted

Service connection, Post-traumatic stress disorder

_________________________________________

The Veterans Benefits Administration granted your appeal

The Veterans Benefits Administration agreed with you and decided to overturn the original decision. If this decision changes your disability rating or eligibility for VA benefits, you should see this change made in 1 to 2 months.

 

This appeal is now closed

________________________________________

 

However Ebenefits appears to not yet been updated as see below.

 

You have a 80% final degree of disability.
Rated Disabilities

Disability Rating Decision Related To Effective Date

tinnitus 10% Service Connected 03/08/2011

migraines (previously addressed as headaches)

 

50% Service Connected 08/01/2017

bilateral hearing loss 50% Service Connected 02/11/2016

sleep condition Not Service Connected

post traumatic stress disorder (PTSD) Not Service Connected
PTSD - Personal Trauma
______________________________________________

I would expect that should happen soon and I will then be able to view the new percentage?

[MKAH]

42 minutes ago, pacmanx1 said:

Hey, be forewarned but I don't know what is going on with VA but that 1 to 2 months is a lie/joke. I won a BVA grant last year and it is going a little over a year and no rating decision from VA. Yes I did have a remand and I did have to have a C & P exam which I don't know why since my claim was granted back to 1998. The decision will have to be determine from my records back then and not now.  Just the games they play. I know some clams are faster and some take longer, just wanted you to know.

Its tough to read about the delays your have experienced.

I hope that in the future, the efficiency of this process will be improved for the sake of other veterans.

Thank you sir.

[MKAH]

Well, unfortunately, it looks like bad news on my claim.

A week or so ago, Va.gov described that the BVA had reversed the original VARO denial and agreed that my PTSD was service connected.

However, Ebenifits just updated and its looking bad.

PTSD shows a rating of zero percent.  And the effective date seems to be in error as it is the same as a more recent Migraine claim.  I filed my PTSD claim on 11/14/2015, not the same as my Migraine claim which I filed on 8/1/2017.  How strange is that?

When I was originally rated for hearing loss and tinnitus, my VA letter stated that I had been awarded SC for both and that my hearing loss was 30%, but the bottom of the page said I was rated at zero %.  I filed a CUE  and about five months later is was corrected, as it had been keyed into the system incorrectly.  I don't know if this recent ruling falls into that (CUE) category  or not until I read it.

I guess when I get the official written decision with I hope a very detailed explanation, me and my attorney Woods & Woods will decide the best course of action.

As you can imagine, I'm heart broken over this incorrect decision.  

 

 

 

 

 

[GBArmy]

MKAH It's discouraging, but you have a total rating of 80%, so this isn't your first rodeo. Get your letter and go over it carefully. You and your legal team will come up with a plan. It ain't over 'til the fat lady sings! Keep us informed.

[Tbird]

agreed it ain't over yet. take a deep breath and go over things with your lawyers and plan your next avenue of attack. Remember you are not alone we are all with you on this.

[MKAH]

6 hours ago, Tbird said:

agreed it ain't over yet. take a deep breath and go over things with your lawyers and plan your next avenue of attack. Remember you are not alone we are all with you on this.

Thank you so much Tbird. 

After some thought, I feel a bit relieved that the VA appears to have finally rated this as service connected which is probably the hard part? 

My direct contact at my attorney's office emailed me back this morning and said that after we get the official written decision from the VA, we WILL be filing an appeal.  

I really appreciate the members on this board and will not let the VA break not let the VA break my will to pursue what is right. 

The Army trained me to be a soldier and I'm gonna fight like hell until I win or I'm dead of old age.

Edited July 16, 2020 by MKAH

[MKAH]

6 hours ago, GBArmy said:

MKAH It's discouraging, but you have a total rating of 80%, so this isn't your first rodeo. Get your letter and go over it carefully. You and your legal team will come up with a plan. It ain't over 'til the fat lady sings! Keep us informed.

Thank you so much GBArmy,  I'll copy you on the same message I sent to T-Bird. 

After some thought, I feel a bit relieved that the VA appears to have finally rated this as service connected which is probably the hard part? 

My direct contact at my attorney's office emailed me back this morning and said that after we get the official written decision from the VA, we WILL be filing an appeal.  

I really appreciate the members on this board and will not let the VA break not let the VA break my will to pursue what is right. 

The Army trained me to be a soldier and I'm gonna fight like hell until I win or I'm dead of old age.