BVA granted my appeal now...

[Remisdad]

It goes back to the VARO.  They opened my claim a week ago. It should be a significant retroactive pay.  How long should it take the VARO to implement the granted appeal?

[Vync]

@Remisdad Would you be willing to answer a few questions involving your BVA appeal? This information would be helpful to myself and others who are stuck in limbo waiting on the BVA to make a decision.

1. When was your appeal submitted to the BVA?

2. Was it a legacy appeal or an AMA appeal?

3. If you opted for a hearing, how long did it take to get it?

 

By the way, congratulations on your win!

[Remisdad]

My appeal was a legacy.  NOD was filed in late 2016.  Form 9 was filed September 2019.  BVA remanded my appeal to the director of compensation in Feb 2020 which was granted. May 26 2023 (I think) it went to a judge is reviewing your appeal or something close to that wording.  June 29 BVA granted my appeal.  No hearing.  I started out at 10% on left long finger, then in April of 2018 I got 10% for tinnitus, remand in Feb 2020 bumped my left long finger to 20% and left ring finger to 10%, in Feb 2021 I got 60% for loss of use of non dominant hand (left hand), in December 2022 I got 30% radiculopathy in my right arm and 20% radiculopathy in my left hand, and 20% for a cervical disc replacement.  The two arms and loss of use of hand are all bilateral.  In February 2023 I was granted IU. And that's how I got to this point. Its been a long journey to go from 10% to IU.

[broncovet]

When I first applied, a Vet told me he had been appealing for 5 years.  I thought he was pulling my leg.  "How could it possibly take 5 years to process a Veterans claim?"  

Now, I do have an answer to that:  "They hurried your claim up".  

Yea, that sounds crazy.  5 years.  But many Vets claims take 6, 8, or 10 years or more.  But mine did not take ten years.  

I applied in 2002, finally got a check in 2020 over 17 years later.  (I got some 'LOW BALL" MONEY EARLIER, but had to appeal..BVA, CAVC, multiple times. ). 

Its a difference in perspective.  I say my "claim" took 17 years, but one va employee differs, saying my first decision was in 2003.  And it was..a denial.    I was denied "even tho" I obviously had all 3 Caluza elements.  

In 2005, the BVA awarded SC.  So, the regional office said, "Ok.  Service connection 0 percent".  Dont spend all your money in one place.  $0.00.  I had to appeal that.  Finally got 40 percent, but not soon enough to save my home from foreclosure.  That 40 percent was around $400 a month, and I was supposed to support a family on that.  

Finally, in 2006, my doctor suggested applying for "pension".  I got it, but not retro to 2002.  Then I had to give up my pension because I married a nurse who made too much money to qualify for pension.  

Loosing my home and becoming homeless gave me the resolve:  Im gonna keep going until I get paid what I deserve no matter how long it takes.  VA could/should have granted pension in 2002, and I would not have lost my home.  They "created" a homeless Veteran, with inefficiency, and just plain not caring about Veterans.  Well, Im not homeless anymore.  

Yesterday, I bought a new Toyota Crown, the best and most expensive car Toyota has ever made.  Its amazing.  And, when you go to the VAMC, you often find new cars and trucks parked there...by Vets who were persistent enough to fight VA until they won.  

You can likely do that also..the key is persistence.  Quitting rarely ever works.  However, some Vets quit and turn it over to an attorney, and that works also.  

[Remisdad]

I agree never give up.  I even went to talk to a DAV representative and she just flat out said she wouldn't file for IU because there was no way for me to get it.  I got extremely irritated but calmly asked for my paperwork back and stomped out of her office.  So once again don't ever quit fighting even though it seems like the VA is trying to make you quit or they're waiting for you to die.

Edited July 15, 2023 by Remisdad

[Dustoff1970]

Many VSOs are prejudice against certain veterans according to the vets age, war era, race, looks, etc.

Here is a prime example.  In 1985 an older Korean War DAV VSO sold me down the river on my first initial PTSD disability claim.  He totally ignored the VA and private treatment records and diagnosis revealing I suffered from severe Vietnam Combat PTSD and simply filed a one paragraph letter with the application form stating briefly that I suffered only from anxiety and alcholism.

VA doctors and C&P examiner did diagnosis me with PTSD on axis 4  but placed Alcholism on Axis 1.    I was lucky VA raters gave me only a low ball 50% rating that I wanted to appeal but the old biased fart said no use to do so.

He made it plain to me in at least two face to face meetings he did not care for us young loser Vietnam vets.  The old goat is dead by now I am happy to say. Other  Va  doctors and family doctor made clear in their notes that PTSD was my primary medical problem.  He submitted none of this with my claim.

Ever since 85 I have successfully filed on my own my many claims and appeals to the BVA and U.S. CAVC veterans court.

Too many VSOs are lazy prejudicial suck asses in my opinion.

Edited July 15, 2023 by Dustoff1970

[Vync]

@broncovet That is definitely true. If the VA had not rushed in many of my claims, they would have been half as thorough as I was and found the obvious evidence to grant SC.

@Remisdad My current VSO rep advised me to stop filing claims. About 10 years ago, a different VSO rep from the same organization told me if all vets were as thorough as I was, he would be out of a job....