Spondylitis Association of America Forums General Discussion Military & Veterans Board Appealing a decision

How long does the VA have to decide on an appeal?

After a week of no response to at least acknowledge the reciept of my e-mails regarding my appeal and the evidence to support the correction of my rating I wrote my congressman. He's already contacted me and is looking into it. I wrote the one congressman I know get things done.

Now that should get something done Jay. Lets hope your Congressional Staffers play hardball with them....

I sure hope so. Getting things settle rightly will go a long way towards lowering my stress level. I should be getting my fishing gear ready not fighting with people that don't know how to do there own job.

I still hadn't gotten any updates from my service officer so this morning I e-mailed him again and just asked where my case was. The following is the response I got just before lunch today....

Jay,
I have discussed your case with a Decision Review Officer. You indicated
you may have some treatment records from a rheumatologist. If you can get
those records to me it would help. I reviewed the BVA decision you
referenced. It is not precedent setting but it may lend some basis to your
claim. It has little legal standing as it is from the Board of Veterans
Appeals and not from the Court of Appeals for Veterans Claims. The
Decision Review Officer is willing to re-look the decision before we file
the Notice of Disagreement to begin the appeal process.
Bob S.


Incidentally, I have recieved two letters from my congressman since I wrote him. I appreciate the updates, even if its just simply a note to say they are working on it.

BTW, when I looked at the letter the VA sent me, they didn't use any medical records newer than 2004. I wonder why they have had me sign a new release of information every 6 months or so. Ahhh well, I went and signed another one today.

I also went and replaced a bunch of my tackle, since someone broke into the toolbox on my truck and stole all my old stuff. I'll be taking the kids camping/fishing at Holter Lake next Monday-Wednesday.

Jay,

Did you include my correspondance with the VA on VASRD provisions for rating Ankylosing Spondylitis with your appeal? This correspondence was answering directly for the Secretary Of Veteran affairs on VA AS rating policy. It clearly demonstrates that AS is rated, per the VASRD, for active disease process, chronic residuals (5240 and others), and Deluca criteria for range of motion based joint ratings. Did you get any feedback on this?

Mike

I basically sent the information you and I discussed via e-mail. I did not have any Deluca information to add since I have never been told measurements..only the typical "what the heck are you even driving for?" kind of comments.

No, I didn't get any feedback. In fact, the message I posted today was the first real input I have gotten since I received the letter...which is why I went ahead with the letter to Senator Burns.

I admit, it is taking a lot of self control to not drive to Helena and have a "chat" with the service officer that is supposed to be working for me. I can see the headlines "Disabled Vet goes crazy...many shins kicked" "Reportedly the man was yelling something about a variation of "whack-a-doc"...more later as the story unfolds". It's healthier for all if I go fishing next week.

Well, since they used medical records that were dated 2004 for my decision I went and got copies of my civilian records and mailed them off yesterday. INcidentally, I got he normal "We recieved your request for benefits and are looking into it" letter yesterday.


If I wasn't crazy I'd go insane.

Still no news. The service officer turned in my updated medical records and my letter of disagreement...then went out fo town. :rolleyes: but at least he told me he was going to be gone this time.

I'm betting that you will know the results with in 6 months of the date you filed.

Let's all hope it is allot faster than that though......