I submitted DBQs and all were denied by a VA contract obstetrician and Nurses Assistant. (The VA Regional Office is not the Board of Veterans' Appeals.) Here is what my BVA appeal status says (I had BVA hearing, in person, 4 years ago march 2016.) Robert. Jim's Reply: There are a lot of variables that can affect your situation. After 40 years of fighting with the VA. Learn about the claim status terms we use to tell you where your claim is in the review process. A new claim can only be filed for the rating going forward. I also appealed the effective date.I have been denied since 1997 for Discoid Lupus they retroed me back to 2009 but the dr note that got my claim reopend was in my file in 2007 … So I thought I would write another article to clarify what happens after the Board makes a favorable decision. It is now Oct 12 and haven’t heard anything from the VA. MY APPEAL IS FOR AN INCREASE FOR SCARS AND DISFIGUREMENTS THAT THE COMP&PEN DR DID NOT PUT IN HIS NOTES THAT WAS CLEARLY in the Dr. note that got my claim reopend. One of my biggest regrets was not taking advantage of the VA Voc Rehab program when I was in Law School. It’s a great day when you receive that notice in the mail stating you have been approved for benefits. I was told I would see mone in 2 -4 weeks it will be 3 weeks on the 9-4-17, they only thing I have received was after 1 week from the court that I won my case , no amount or … It was denied over and over again for all these years. I appealed the decision and I had my phone interview hearing this morning with the hearing officer, and my former employer. The Board of Veterans’ Appeals is the appellate body of the Department of Veterans Affairs that has the ability to review and reverse decisions issued by the Regional Office (RO). According to the VA, it could take 5 to 7 years to get a decision from a Veterans Law Judge (VLJ). This may be because certain documents won’t appear online. Federal government websites often end in .gov or .mil. My judge made a bench decision on August 14th, and I won my case. This field is for validation purposes and should be left unchanged. The VA now hopes to have all claims reviewed by a higher-level official within 4 – 5 months. Sir…I woke up this morning to read this message…CONGRATULATIONS!! – L. Nelson The petition is your chance to sell the court on your issue. All the while, you are losing money, and have a non-paying tenant in possession of your property. Know the Timeline. I received the letter from BVA yesterday confirming the BVA law judge granted my appeal for secondary to service connected (after 6 years of claim and remand). So, if VA makes a decision on a VA appeal that was the subject of the Writ, then the Writ would be denied as moot. 1. You have won your appeal and can be done with the process. Mr. Gardberg – I am forever in your debt. Many veterans find themselves with a substantial sum of past-due benefits – often ranging from tens to hundreds of thousands of dollars. You can find the status of your appeal by going to va.gov and clicking the sign in box. So the moment has arrived…after years of doing battle with the VA on your disability compensation claim, you got the award letter in the mail. Thank you for giving us good information to help veterans. That is : a morale boost while planning strategy and tactics utilizing medical Nexus letters (2 per condition) were cross-referenced to the Medical Research. Or, talk with a VA education counselor to find out what benefits you may be able to get. I was told I would see mone in 2 -4 weeks it will be 3 weeks on the 9-4-17, they only thing I have received was after 1 week from the court that I won my case , no amount or how much back pay … So I filed my VA form 9 appeal in Jan 10, 2013 it went to the Oakland CA VA, same as everyone else. Second, they rush out and spend the money. That is AMAZING!! After the first Rating Authority, the Physical Evaluation Board, makes its decision, you can appeal to have their decision reconsidered by the Formal Physical Evaluation Board (FPEB). Even if you don’t want to use the VA Medical Care, consider enrolling now. In most situations, if you win your appeal, you case will be "remanded." The BVA can determine service connection but they can't assign a rating %. Previously this process could take up to 18 months. MY APPEAL IS FOR AN INCREASE FOR SCARS AND DISFIGUREMENTS THAT THE COMP&PEN DR DID NOT PUT IN HIS NOTES THAT WAS CLEARLY in the Dr. note that got my claim reopend. How likely am I to win my VA disability appeal? A reviewing court “must dismiss the appeal,” if a “notice of appeal is filed late.” (Cal. Beat the machine . NOD, DRO Hearing, Sworn Statements, Lay Statements, Nexus Medical Letters, and Medical Research. Ultimately, however, I am NOT a financial planner so please don’t think I’m giving you financial advice – I am trying to open your mind to a bigger picture that folks aren’t often aware of. Beat the machine . Got a letter from appeals judge on 11/28/2011 stating I WON the appeal. You have one year to file your VA Disability rating appeal from the date on your VA Rating Decision letter.If you have waited longer than one year to file your VA Disability rating appeal, you can submit a new application and start a new claim. This is a secure website. Your information in you Sleep Apnea book “Put it to Rest! You'll see the date we think we'll complete our review, and view evidence you've filed online and any additional evidence we've requested from you. Veterans Court explains VA Ratings for Migraines. This means the case will be sent back to the trial court or judge responsible for your conviction and/or sentencing. I was told by them that because my appeal was awarded by the Board (a level higher), and not my the Regional Offices, that it … I submitted my fully-developed VA claim in February 2016 and the first compensation deposit arrived in June. Many veterans find themselves with a substantial sum of past-due benefits – often ranging from tens to hundreds of thousands of dollars. Twenty additional conditions were service connected at 100% plus SMC. They actually acknowledged his PTSD symptoms and the fact that he hasn't claimed them - which he will now. If your VA disability appeal was denied, you have the right to appeal that decision again. Within the last month, You can find the status of your appeal by going to va.gov and clicking the sign in box. I just received my decision today. They say they sent me a letter but the idiots mailed it to my old address. The eviction appeal is over, and you won. Still waiting. You finally have your day in County Court, and the Judge ruled in your favor. I would like to send out a HUGE thanks Judge Clementi for being gracious enough to appear for this interview with the Veterans Law Blog – and allowing Veterans Law Blog followers and subscribers this unprecedented degree of insight into the VA Claims Process . But your tenant is still in the property, and showing no signs of leaving. I am using a VA-trained/approved attorney and the judge found in our favor. , Chris, thank you for your personal effort to fix my access problem to the blog. My appeal for TDIU was granted on Sep 31,2018. How likely am I to win my VA disability appeal? If they deny your appeal, they will send you a Supplemental Statement of the Case (SSOC). Put your money in a secure savings vehicle, and let it cool while you figure out your options. If you aren’t sure, contact an attorney to do a claim review to see if the VA established the correct effective date. If you do not submit your appeal within the one year time limit you can either submit a new claim for benefits and have VA make a ruling on … I Won My Case, Now What? I used the on-line Fully Developed Claim process on VA e-benefits. There are any number of reasons that BVA could remand your claim back to the RO. And don’t forget  – if you are hospitalized for your now service-connected condition, you might be eligible for a temporary total disability rating (100%). Before sharing sensitive information, make sure you're on a federal government site. I am using a VA-trained/approved attorney and the judge found in our favor. Because the C file was very large and disorganized, my claim submission included all evidence regardless of what may have already been in the C file. The new tool, designed with help from Veterans, is an effort to … This step may demonstrate to the insurance company that your claim for benefits should be approved. Like many vets, I thought my VSO was going to do the heavy lifting and I just needed to wait for the results. And learn how to use the tool to upload new evidence to support your pending claim. I requested a copy of my file to read through the full analysis. While the VA does make many mistakes in adjudicating claims, your denial or low-rating may have been due to the evidence you provided. Thank you – its really nice to hear my writing and teaching is helping. Your browser is out of date. Call now for a free consultation : ... Requirement that the VA must consider reasonably raised conditions that are 2nd to Prostate Cancer; ... Saying thank you is easy, but you will never know how you impacted my life by helping me with me Social Security disability case. Until a state approves a claim, it doesn't release any payments associated with it. My judge made a bench decision on August 14th, and I won my case. Just trying to see what’s the next step or maybe am missing something. Hi I won a Sarcoidosis case on appeal that has we on for over 21 years of tears. He has served as a Board of Veterans Appeals Judge for 10 years, and a total of 24 years with the VA. The SSOC will state why you were denied along with a summary of the evidence relevant to your case and a summary of the laws and regulations used to make the decision. Previously this process could take up to 18 months. email that begins, "The VA lowered my benefits because I didn't show up for an exam. My employer did not show up so I won the appeal, Whenever I go to check the status of my claim it tells me I do not have a valid claim on file.But it does let me claim weekly benefits so whats happening, do I have to file another claim or am I getting back benefits from winning this appeal.. How do I find out the status of my appeal? The VA exists to serve veterans — not keep them from the benefits they deserve. My husband won his appeal on the basis of granting claims of chronic fatigue syndrome and a psychiatric disorder to include anxiety and a mood disorder secondary to cfs. We’re here Monday through Friday, 8:00 a.m. to 9:00 p.m. I hear so many stories of bad experiences with the VA that I love to hear it when a Vet wins. I also appealed the effective date.I have been denied since 1997 for Discoid Lupus they retroed me back to 2009 but the dr note that got my claim reopend was in my file in 2007 … New VA Disability Claim Decision Appeals Process (After Feb 18, 2019) The VA updated the appeals process to apply to all decisions made on or after February 19, 2019. I advise my clients not to tell family and friends about the amount of past-due benefits unless they need to know to help render assistance. After 40 years of fighting with the VA. It worked! Took 3 months for me o gather my information (sworn statement, IMO and lay evidence) before I submitted with the Sworn Declaration form. The https:// ensures that you're connecting to the official website and that any information you provide is encrypted and sent securely. For example, I don’t think there’s any  need to run out and immediately pay off the house until you’ve consulted with a financial planner and an accountant to make sure that is the smartest way to use that money. Your chances of winning a VA appeal are solely based upon the number of conditions you have, their severity, and the strength of your argument. 12 … Second, the notice of appeal must be timely – a late notice is fatal. Your Sleep Apnea claim! Remember, these clowns lose your paperwork all the time – don’t be surprised when they “lose” a paper check. Please let me know any topics I should address, or ways that I could make the information better! Now that you have been approved several things will follow. So, that little bob and weave allowed the VA to keep $6,200 of my money every year, if I gave up. was spot on. Denials can come in many forms. They are now assessing you as someone who initially went off work and then gave their job a second chance (that didn’t work). Good Evening, Sir. The VA is massively understaffed and overworked. You'll see the date we think we'll complete our review, and view evidence you've filed online and any additional evidence we've requested from you.