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andrewdc

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ShrekTheTank Contributor

ShrekTheTank

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My most resent was at the BVA for a year.  The one prior to that was there for 4 years.  This was my 2nd time at the BVA for the same issue.  So it is anyones guess.  Also depends on if it is a hardship.  

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Lemuel Mentor

Lemuel

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1 hour ago, andrewdc said:

My direct review appeal was submitted March 23. Any idea how much longer I have to wait.

Chisholm, Chisholm & Kirpatrick have an article on the delays at the BVA Here:  (New Message) CCK Shows Wait Times for BVA Decisions Are Longer Than Reported | CCK Law (cck-law.com)

Average 43 months despite the VA saying considerably less.

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pacmanx1 Grand Master

pacmanx1

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SHAME, my direct review appeal is getting close to the (3) three-year mark and no light at the end of the tunnel. 

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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Lemuel Mentor

Lemuel

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Mine was rejected in less than a year under AMA.  Appealed and in less than a year back to the BVA.  Is this the scam the BVA is playing to say their cases are being decided in such a short period?  This surely lowered the average for time to a decision in the first instance.  

Raises the question if the BVA is shoving cases out the door quickly as mine was knowing they will be appealed and remanded back to them and go in a different pile--decided, appealed, and remanded, allowing them to submit their stats in a lie.  And that "decided, appealed and remanded" pile is where CCK is including with my case.

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pacmanx1 Grand Master

pacmanx1

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I have been complaining/posting about the BVA Website and how it was telling lies for years. I will not post it here, but you could search through my topics and see that the site has always been out of touch with reality and having any type of good grip on a more accurate wait time. 

Edited by pacmanx1

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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Rattler Mentor

Rattler

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Lemuel

Didn't you say that you could appeal to Secretarial Authority for the claims that go over X years?  

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    • VA Disability Claims: 5 Game-Changing Precedential Decisions You Need to Know

      Tbird posted a record in VA Claims and Benefits Information,

      These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

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      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

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      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

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      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

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      I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
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    • Post in Chevron Deference overruled by Supreme Court

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          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

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