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New Evidence For Bva


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110 replies to this topic

#41 deanbrt

 
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Posted 24 April 2012 - 04:58 PM

257+41+585=883

If you get it to BVA it goes quick. My personal belief is the DRO route is a killer. My opinion. The trick is to get to BVA as soon as you can. No other claims until you know it is there and read what I underlined in my last post. Using a VSO may cause you to lose months if not more while BVA waits for them to review things. Lastly, there is one man on this site that could make all the difference in your life and his name is Hoppy....


Processing Time.
Notice of Disagreement Receipt
to Statement of the Case
AOJ 257 days
Statement of the Case Issuance to
Substantive Appeal Receipt Appellant 41 days
Substantive Appeal Receipt to
Certification of Appeal to BVA AOJ 585 days
Receipt of Certified Appeal to
Issuance of BVA Decision*
BVA 240 days
Average Remand Time Factor AOJ 427 days

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#42 deanbrt

 
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Posted 24 April 2012 - 05:17 PM

"Remaining issues from this decision that are under remand instruction
have yet to be settled -
so currently I am still in a holding pattern for almost
2 FULL YEARS, on remanded issues alone."

That reads to me that BVA remanded back to the RO, in which case you are in for a wait. That is not BVA but the RO. If that is indeed the case my guess is that your wait is tied to the Nehmer decision.

#43 ketchup56

 
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Posted 24 April 2012 - 06:50 PM

deanbrt:

I agree with your assesments totally. As stated earlier in this thread my file is now with the VLJ and when something changes as to my status i will let the board know this information. It was 530 day's from NOD 09/16/2010 to 03/13/2012 CERTIFICATION to BVA. My total delay time from denial of claim to submission of my NOD was only 3 day's. As stated earlier the major delay's are times waiting for hearing's either at the dro level (such as mine)or at the bva level and also VSO'S holding up review,s at both varo and bva levels of appeals. All this waiting already compounded by the fact that the raters and dro's never READ or COMPREHEND the evidence in front of them has really convinced me that the DRO REVIEW routes are a total complete waste of time. After all this if the VLJ has remanded any or all your claim you still wait in another line to get re-adjudicated all over again by the same idiot's who more times than not wrongfully denied your claim the first time. I DIDN'T SIGN UP FOR THIS BS. LOL.

calie:

There will never be enough excuses to why your claim's took 10 years, and still today no FINAL adjudication. You are an exception, no doubt. I really admire your patience and stamina.

#44 carlie

 
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Posted 24 April 2012 - 09:34 PM

"Remaining issues from this decision that are under remand instruction
have yet to be settled -
so currently I am still in a holding pattern for almost
2 FULL YEARS, on remanded issues alone."

That reads to me that BVA remanded back to the RO, in which case you are in for a wait. That is not BVA but the RO. If that is indeed the case my guess is that your wait is tied to the Nehmer decision.


dean,
I'm glad you were pleased with BVA's timeline.

I continue to see the majority of claimants are not at all pleased with the time frame from
filing their substantive appeal through actually receiving resolve on their appealed issues.

BTW - didn't you also have to go to or are currently at COVA?

#45 deanbrt

 
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Posted 24 April 2012 - 10:07 PM

Carlie, I read somewhere that if it is with a VLJ the odds are 25% for an award, 50% for a remand and 25% for a denial. I will pray for the first for you. Posted Image

#46 deanbrt

 
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Posted 24 April 2012 - 10:29 PM

"I continue to see the majority of claimants are not at all pleased with the time frame from
filing their substantive appeal through actually receiving resolve on their appealed issues.

BTW - didn't you also have to go to or are currently at COVA? "

But the issue is the time it takes to get to BVA not at BVA, which I see as an RO issue and then at BVA a VSO issue if you involve them.

And like Yulooking, my BVA award has gone back to the RO for rating. I have been told some are being processed at VACO but the normal route is back to the RO. I see now there are so many roadblocks to getting it to BVA and then a remand puts you back in the meat grinder.... But my personal feeling is the DRO thing gets you another 1-2 years wait for nothing. Again, my opinion. Get Hoppy to write your argument at BVA. He is beyond brilliant....... Dead serious.....

#47 deanbrt

 
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Posted 24 April 2012 - 10:40 PM

You and I are on the same wavelength Ketchup......Posted Image

#48 carlie

 
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Posted 24 April 2012 - 10:41 PM

dean,
Check your PM's if you get a chance.

The 2 issues I have remaining relate to:
1) CUE on the denial of additional dependent compensation back to 1978.
2) Effective Date of a SC'd disability.

Also - I'm real familiar with Hoppy and have been for about 8 years or more.
Hoppy is great at medical issues and fighting the VBA.

My remaining issues have no need of anyone writing an argument for me for the BVA,
but if I was in need, I would be grateful to have Hoppy in my corner.

#49 qwiksting

 
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Posted 27 April 2012 - 10:55 AM

Ok, since I started this post...I had been waiting on BVA to update my status. I faxed a revocation of POA to DAV on the 18th of April, and a waiver for regional office consideration, along with some more evidence and an awesome letter from HOPPY. I called yesterday to make sure they (DAV and BVA) received my change of POA. Also checked with BVA as far as the extra evidence I submitted. DAV said they received nothing from me and told me they were still assigned as my POA. So, I faxed the revocation again yesterday to DAV. My appeal is now with a VLJ, however my benefits still list DAV as my POA. I also asked BVA if they had received my extra evidence and was told they had about 3 items I sent but that was it. I was told to re submit, so I did. Question.....once it gets a VLJ what can I expect?

16 June 2008 initial claim filed

29 August 2008 Denied at VARO

9 December 2008 NOD

3 March 2009 asked for a DRO (via DAV)

16 March 2009 received official letter from DAV stating I want a De NOVO review by DRO (never got one)

29 January 2010 BVA received appeal

18 February 2009 appeal pending

27 April 2012 with VLJ

#50 deanbrt

 
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Posted 27 April 2012 - 11:23 AM

It was 5 weeks for me.But i had no POA at that point.

#51 carlie

 
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Posted 27 April 2012 - 11:43 AM

Ok, since I started this post...I had been waiting on BVA to update my status. I faxed a revocation of POA to DAV on the 18th of April, and a waiver for regional office consideration, along with some more evidence and an awesome letter from HOPPY. I called yesterday to make sure they (DAV and BVA) received my change of POA. Also checked with BVA as far as the extra evidence I submitted. DAV said they received nothing from me and told me they were still assigned as my POA. So, I faxed the revocation again yesterday to DAV. My appeal is now with a VLJ, however my benefits still list DAV as my POA. I also asked BVA if they had received my extra evidence and was told they had about 3 items I sent but that was it. I was told to re submit, so I did.


I'd also check the rules for change in representation once the appeal has been certified to BVA.
They may or may not allow for a change at this point.
JMHO

#52 deanbrt

 
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Posted 27 April 2012 - 04:30 PM

I did it myself in January. Like qwioksting, things happened fast after that. My guess is his POA revocation has gone through and that triggered the move to VLJ.

#53 deanbrt

 
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Posted 27 April 2012 - 04:32 PM

Qwiksting notes in a different post his appeal went to a VLJ today. Since Hoppy wrote his argument my money is on Qwiksting....Posted Image

#54 qwiksting

 
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Posted 27 April 2012 - 04:51 PM

I can't see how it would get denied service connection...If I could figure out how to post the "hoppy" paper on here I will. My question is....It is with VLJ now. What actions will the VLJ take? I have read so many decisions on the VBA website and still am confused. Hoping I will not have to appear before a judge, I have a phobia of that from the past.

1. The VLJ grants the award
2. The VLJ grants award, but at what rating level?
3. The VLJ remands it to VARO
4. The VLJ denies award

After the VLJ is finished and a decision is made, I get notified. How and when will I be notified of the rating level? Will I need to do another C&P?

Sorry, just nervous, anxiety...dont know how this works exactly. I have an idea, but not fully.

#55 deanbrt

 
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Posted 27 April 2012 - 10:18 PM

the percentages I have read at BVA are_

25% award
50% remand
25% denial

my money is on an award with Hoppy in your corner.... Posted Image

#56 qwiksting

 
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Posted 28 April 2012 - 06:02 AM

I think your right Dean, with that paper, I can't see how it can be denied? I just was wondering who assigns the rating level (10%, 20%..ect) thanks for your positive thoughts!!

The VARO???

Edited by qwiksting, 28 April 2012 - 12:02 PM.


#57 deanbrt

 
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Posted 28 April 2012 - 11:11 AM

It depends but most likely the VARO,

#58 qwiksting

 
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Posted 28 April 2012 - 12:05 PM

This is what I am submitting to BVA. Thank you Hoppy!!

Attached Files



#59 carlie

 
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Posted 28 April 2012 - 03:39 PM

This is what I am submitting to BVA. Thank you Hoppy!!


Hoppy did some mighty fine work here for you.

#60 deanbrt

 
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Posted 28 April 2012 - 04:53 PM

You could not find a lawyer with 1/10th Hoppy's skills.....

#61 qwiksting

 
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Posted 28 April 2012 - 05:03 PM

I know, isn't this guy awesome ....he has got a very nice sharp skill set!!!!

#62 carlie

 
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Posted 28 April 2012 - 07:29 PM

I know, isn't this guy awesome ....he has got a very nice sharp skill set!!!!


BTW - his background doesn't hurt either - helps make him be, all he can be : - )

#63 retiredat44

 
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Posted 28 April 2012 - 08:05 PM

Your time frame is a rocket... it looks like from your dro in 2011 to now, compared to my dro in 2010.... yours is already at BVA, I still wait for decisions from DRO..
I don't understand....

I looked at a map of backlogs, and Oakland isn't much different in backlogs than San Diego..

The more I look at the way they make stacks and shuffle them, the more confusing timelines get...

I hope soemday someone shines a line on the VA cockroaches..

Best of luck to you, every decision helps the next guy...

I would have to agree with you Deanbrt, as once my claim finally was certified and actually sent to bva, it was processed and is now at stage 4 (with vlj).
..............



#64 qwiksting

 
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Posted 28 April 2012 - 08:47 PM

DAV never got my DE Novo review to the DRO. or VA never acknowledged my DRO request. I ended up in the "traditional appeals process". so......its been awhile since my NOD. Its been at BVA , well DAV near BVA since 1/29/2010




Thank you Hoppy and Deanbrt

Edited by qwiksting, 28 April 2012 - 09:05 PM.


#65 deanbrt

 
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Posted 29 April 2012 - 08:35 AM

Retired, I know there are differences of opinion but my personal belief is the DRO process is a black hole and use of a VSO can add more delay time as the VA is obligated to wait for their review at certain points.Some of them appear to be horribly backed up. What bothers me is that they do not let the vet know about it.

#66 qwiksting

 
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Posted 07 May 2012 - 01:51 PM

Update from ebenefits. it is still with the VLJ, but now I have no POA :)

#67 deanbrt

 
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Posted 07 May 2012 - 06:45 PM

Posted Image

#68 carlie

 
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Posted 08 May 2012 - 01:23 PM

DAV never got my DE Novo review to the DRO. or VA never acknowledged my DRO request. I ended up in the "traditional appeals process". so......its been awhile since my NOD. Its been at BVA , well DAV near BVA since 1/29/2010


qwik,
Here's a link for research if you want it.

Click on the link below - then scroll down to Chapter 5 - Appeals for the meat of it.
http://www.benefits....ms/M21_1MR1.asp

#69 ketchup56

 
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Posted 15 May 2012 - 07:49 PM

Update on ebenefits today. Bva appeal went from stage 4 to stage 5 and then stage 6. It states c-file will be returning to amc- OR- regional office, what ever that means. This really tells me nothing as to what the decision was, just have to wait on the postman.Posted Image

#70 carlie

 
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Posted 15 May 2012 - 08:14 PM

Update on ebenefits today. Bva appeal went from stage 4 to stage 5 and then stage 6. It states c-file will be returning to amc- OR- regional office, what ever that means. This really tells me nothing as to what the decision was, just have to wait on the postman.Posted Image


Sounds like partial grant/remand, can't remember how many issues you had on appeal.
JMHO

#71 Chuck75

 
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Posted 15 May 2012 - 08:18 PM

Retired, I know there are differences of opinion but my personal belief is the DRO process is a black hole and use of a VSO can add more delay time as the VA is obligated to wait for their review at certain points.Some of them appear to be horribly backed up. What bothers me is that they do not let the vet know about it.


My experience with the DRO process was that they just "rubber stamped" things, to get them over and done!
Seems that the DRO was the RO's supervisor, and signed off on the original denial. This was about three years ago, so things might have changed.
That was the final straw that led to hiring a lawyer. The next step is for the lawyer and myself to review the "complete" C file, determine what is really missing,
and go from there. I know that some early documents with dates in the late 60's are missing, at least in the copies that were sent to myself and the lawyer.
Other documents were nothing but blank pages in our copies.

#72 deanbrt

 
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Posted 15 May 2012 - 09:01 PM

I am with you on DRO, Chuck... My personal opinion.....

#73 qwiksting

 
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Posted 16 May 2012 - 05:58 AM

Well, I can only hope things progress along qwiker now, that I don't have a POA. I just sent in a DBQ from my primary care Doc at VA. He did a real good job on it!!

#74 carlie

 
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Posted 16 May 2012 - 12:33 PM

I have experienced both:
1) a basic rubber stamped (duplicate) denial, as a result of a DRO Hearing
2) a DRO Hearing with a result of a partial grant - some issues were granted SC, some were increased
and together they combined to provide of over 25 K in retro and some issue/s remained denied
as a result of the DRO decision.

Most of the issues that continued to be denied were appealed to the higher
level of BVA and were granted as SC'd with staged ratings applied due to the medical
evidence of record. This resulted in over 100 K of retro because the effective date of SC
was determined to be over 10 years back.

#75 ketchup56

 
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Posted 21 May 2012 - 01:11 PM

Well as promised here's an update on my appeal at bva. REMANDED TO AMC for them to get all records from the SSA and to associate these records to the file , then reajudicate and if still denied to return file to bva. This is total bs,because as stated in my evidence section of my SOC and in the reasons and basis from the DRO this had already been done. I submitted my award letter, and the ssa transmittal letter showing that i was disabled for the same conditions i am claiming service connection for as evidence when i filed these claims, and still this was not done by the varo. This is the only and sole reason i go back into the meat grinder, because varo OAKLAND,CA. failed to do this simple task. At least the VLJ caught this, because this evidence is the MEAT in my claim for tdiu. What kind of wait am i looking at since being dumped back into the grinder?

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Posted 21 May 2012 - 01:42 PM

You are the meat in the meatgrinder in your claim for TDIU. There is no way to tell how long these things will take. It depends how many mistakes they make and how long it takes to catch them. I had a claim get all the way to the Court of Veteran Appeals and a very basic mistake in the rating schedule was discovered. This took 6 years to get to that point. You just have to be all over your claim.

John

#77 deanbrt

 
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Posted 21 May 2012 - 03:37 PM

" REMANDED TO AMC for them to get all records from the SSA and to associate these records to the file , then reajudicate and if still denied to return file to bva."

Ketchup, this happened to me. You need to go down to your local SS office and get them yourself and send them in (SS will put them on CD). the VA will take MONTHS getting them.

#78 ketchup56

 
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Posted 21 May 2012 - 05:48 PM

" REMANDED TO AMC for them to get all records from the SSA and to associate these records to the file , then reajudicate and if still denied to return file to bva."

Ketchup, this happened to me. You need to go down to your local SS office and get them yourself and send them in (SS will put them on CD). the VA will take MONTHS getting them.





Yes you are right about they will take forever. I already have the cd and i will download every page and send it to them. Am i right in assuming that the amc is given 15 days to send me a letter notifying me of reciept of remand, and is it at this point where i submit the records? Also it seems to me being a federal agency that it should not be that difficult to obtain these records from one federal agency to another. It's not the amc obtaning the records i"m worried about it 's the wasted time of bva 's remand order to have them adjudicate the appeal all over again. Twice already they could not get it right but here it is again, even after waiving aoj juridiction it there anyway's. TOTAL BS. On second thought i will take the cd to my varo office and have them download the cd and submit it to the amc.

#79 ketchup56

 
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Posted 21 May 2012 - 05:53 PM

Sorry for the double post . Can someone delete this or how do i accomplish this ?

#80 deanbrt

 
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Posted 21 May 2012 - 08:10 PM

I think BVA does a good job. I would be concerned about AMC.

I always felt better if things were at BVA.....




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