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  #1  
Old 2 January 2019, 14:28
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Appeal process

So anyone know what current wait time is for getting an appeal descision, when appealing a disability rating decision?
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  #2  
Old 2 January 2019, 15:12
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My re-evaluation has been going on for about 3-months. The VA said to expect something between Jan-April.
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Old 2 January 2019, 15:47
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My understanding is that doing an appeal is not a good decision, and can take several moths to a few years. I was told by my VSO that the better route is almost always to submit new evidence for re-evaluation as that typically gets results much faster than an appeal.

I am just getting started with the process so only repeating what I have been told, not what I know personally.
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Old 2 January 2019, 15:51
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My appeal took two years. My original claim was done at discharge. I also requested a hearing. I don't mind that it took two years because I got back pay, but that's because I appealed within a year of my original rating.
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  #5  
Old 2 January 2019, 16:00
Gsniper Gsniper is offline
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I've been in a long, protracted battle with the VA. I've educated myself pretty well on this process. Are you appealing service connection or what % they rated you?
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  #6  
Old 2 January 2019, 16:34
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What percentage. They rated me not service connected. For two things , which is BS as there are current issues and documentation in my service medical records of getting injured/treated.

Typical VA, as those two things are pretty major. Nothing.

But then put in for one minor thing, with out any documentation, and get 10% for it. Go figure?!

And one of the major issues above, they did not even examine that issue when I went for my eval!
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  #7  
Old 2 January 2019, 16:41
Gsniper Gsniper is offline
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You get your med care at the VA, right? What you need is what's called a nexus letter. For example: You had a knee injury while on AD. The VA is saying it happened after your ETS. You need one of your VA docs to opine that the problems you are having now relate back to the injury you had while on AD. Or any other doc for that matter.

If you want to PM me what the conditions and denials were I may be able to be more specific.

Do you have a VSO?
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  #8  
Old 2 January 2019, 17:08
Specboatteam Specboatteam is offline
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Following this, I have a similar issue but my VA rep never told me I needed to appeal within a year, I had emailed her and called ( and can prove both) but never received a reply. When I went down to the VA I am told that she was fired, then it was reveled to me that there was a drug issue with her. She was in charge of this particular VA and her voice is still on the recording, but I'm being told that because I missed the 1 year dead line there is nothing I can do.

Sorry for the hijack.
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  #9  
Old 2 January 2019, 19:56
Ghettomedic Ghettomedic is offline
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Quote:
Originally Posted by Sharky View Post
My understanding is that doing an appeal is not a good decision, and can take several moths to a few years. I was told by my VSO that the better route is almost always to submit new evidence for re-evaluation as that typically gets results much faster than an appeal.

I am just getting started with the process so only repeating what I have been told, not what I know personally.
I was under the impression that a “re-evaluation” with new evidience moves your claim date forward to the date you resubmit the evidience.

The alternative being an appeal within one year of their notice which keeps your original filing date or intent to file date intact.

I have heard the re-evaluation is quicker by far but you lose the back pay you would normally get.

Still trying to figure out this process myself.
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  #10  
Old 2 January 2019, 20:11
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Stopp700 Stopp700 is offline
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If you are appealing a decision you should look up prior VA "Board of Veteran Appeals (BOVA)" decisions that pertain to "your" appeal. Use their Case Decisions to bite them in their ass. Use this process especially when you request a Hearing.
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  #11  
Old 2 January 2019, 20:47
Fu King Lawyer Fu King Lawyer is offline
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Quote:
Originally Posted by Sharky View Post
My understanding is that doing an appeal is not a good decision, and can take several moths to a few years. I was told by my VSO that the better route is almost always to submit new evidence for re-evaluation as that typically gets results much faster than an appeal.

I am just getting started with the process so only repeating what I have been told, not what I know personally.
The decisions on claims come at the Regional Office and your VSO is right in recommending you keep the claim at the Regional Office if it is at all possible. Submitting new evidence and showing were the RO erred in deciding your claim will get a further review and a quicker resolution, in my experience.

At times the Board of Veterans Appeals remedies an error - but most times the Board just returns the claim with a remand for further development or re-looking of their error. It ends up taking months, if not years. Worse than that, at the BVA the lawyers seem to do everything to back up the claims examiner, even when the error is clear.

Last edited by Fu King Lawyer; 2 January 2019 at 20:52.
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  #12  
Old 2 January 2019, 20:50
Fu King Lawyer Fu King Lawyer is offline
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Quote:
Originally Posted by Ghettomedic View Post
I was under the impression that a “re-evaluation” with new evidience moves your claim date forward to the date you resubmit the evidience.

.
Sometimes it does, especially if you have had the rating for quite awhile. Best to consult with a VSO - but so long as you submit the new evidence within a year of the decision, it will amount to a reconsideration and your effective date will be the date of the original claim. YMMV so work with a good VSO.
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  #13  
Old 2 January 2019, 22:46
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Quote:
Originally Posted by Stopp700 View Post
If you are appealing a decision you should look up prior VA "Board of Veteran Appeals (BOVA)" decisions that pertain to "your" appeal. Use their Case Decisions to bite them in their ass. Use this process especially when you request a Hearing.
I did this in my case. I found a BVA decision on a case identical to mine in every detail where the VA awarded the claimant. They dismissed this decision as irrelevant to my claim, stating it was "non-precedental"
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  #14  
Old 3 January 2019, 08:31
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^^^^
Once again that is VA Bullshit double talk.
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  #15  
Old 8 January 2019, 23:28
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CAP MARINE CAP MARINE is offline
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All you that are stating your cases, it’s going on thousands of times every year.WW2 vets to now are all dealing with the VA on some kind of terms. Some will be lucky and others not.
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  #16  
Old 11 January 2019, 19:13
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I appealed the percentage for one of my issues because they said I was not on medication despite the fact that I had been on meds for years prior to retiring. I did so within a few months of receiving the initial determination using a VSO. I had an appointment this week for a re-evaluation (solely for the issue contested) and when the NP pulled up my initial VA physical, she stated that the Dr. clearly annotated my medicine. Also, I did not submit any new evidence because it was all in my medical record when I submitted my initial claim. The appointment actually happened much faster than I expected. I had procrastinated when I received my paperwork asking if I wanted to switch to a RAMP claim. We will see how long it takes to get this adjudicated.

x/S
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  #17  
Old 15 January 2019, 23:22
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I was shot twice and hit by 2 RPG's in my evaluation it say's those injuries are not related to my military service. I went after my discharge to the Phoenix VA in 2007.
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  #18  
Old 16 January 2019, 11:54
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Question SMH...

Quote:
Originally Posted by Marcus85 View Post
I was shot twice and hit by 2 RPG's in my evaluation it say's those injuries are not related to my military service. I went after my discharge to the Phoenix VA in 2007.
(Shaking My Head) SMH...you really need too find a VSO as an advocate if what you wrote was true...
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  #19  
Old 16 January 2019, 13:46
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Quote:
Originally Posted by Marcus85 View Post
I was shot twice and hit by 2 RPG's

I'm guessing eventually nobody wanted to be near you overseas.....LOL Shit magnet.
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  #20  
Old 16 January 2019, 13:49
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leopardprey leopardprey is offline
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Quote:
Originally Posted by Guy View Post
(Shaking My Head) SMH...you really need too find a VSO as an advocate if what you wrote was true...
Maybe he was off duty and going to Salsa Dance night when he was shot at?


Seriously, WTF over?!
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