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Appealing a decision
#101905 05/18/06 10:19 PM
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How long does the VA have to decide on an appeal?


Jay

NOTE: If you aint here to help row the boat then you are welcome to walk the plank.
Re: Appealing a decision
#101906 05/24/06 07:21 PM
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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.


Jay

NOTE: If you aint here to help row the boat then you are welcome to walk the plank.
Re: Appealing a decision
#101907 05/24/06 07:42 PM
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Now that should get something done Jay. Lets hope your Congressional Staffers play hardball with them....


AS/PsA DX in 1988

Retired on disability
in 2005 at age 44
Re: Appealing a decision
#101908 05/24/06 07:56 PM
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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.


Jay

NOTE: If you aint here to help row the boat then you are welcome to walk the plank.
Re: Appealing a decision
#101909 06/02/06 07:34 PM
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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. eek 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. laugh


Jay

NOTE: If you aint here to help row the boat then you are welcome to walk the plank.
Re: Appealing a decision
#101910 06/02/06 09:14 PM
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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

Re: Appealing a decision
#101911 06/02/06 10:04 PM
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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" laugh "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. wink


Jay

NOTE: If you aint here to help row the boat then you are welcome to walk the plank.
Re: Appealing a decision
#101912 06/13/06 02:04 PM
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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. laugh


Jay

NOTE: If you aint here to help row the boat then you are welcome to walk the plank.
Re: Appealing a decision
#101913 06/20/06 06:57 PM
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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.


Jay

NOTE: If you aint here to help row the boat then you are welcome to walk the plank.
Re: Appealing a decision
#101914 06/20/06 09:31 PM
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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......


AS/PsA DX in 1988

Retired on disability
in 2005 at age 44
Re: Appealing a decision
#101915 06/20/06 11:52 PM
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I hope it's not that long. How long do they have to respond to an appeal again? Until 2 weeks prior to hell freezing over?


Jay

NOTE: If you aint here to help row the boat then you are welcome to walk the plank.
Re: Appealing a decision
#101916 07/04/06 12:30 AM
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confused I guess my appeal wasn't started yet. I got home today from camping to a letter from the VA asking what appeals route I want to go. I'll have to sit down later and read through it to see if I need someone smarter than me to explain it. lol


At least I saw 3 big whitetails..1 buck and 2 doe....plus we didn't run into the mountain lion and grizzly (with 2 cubs) that were seen in the area. I did hear the big cat tho.


Jay

NOTE: If you aint here to help row the boat then you are welcome to walk the plank.
Re: Appealing a decision
#101917 07/24/06 03:50 PM
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I e-mailed the service officer handling my claim this morning and he e-mailed me back saying the official appeal was transmitted on the 12th and the process could take 6-7 months. Thank God my wife has a decent job or we'd starve to death. :rolleyes:


Jay

NOTE: If you aint here to help row the boat then you are welcome to walk the plank.
Re: Appealing a decision
#101918 08/24/06 07:01 PM
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I've been gone from the msg board for quite some time but my continued pursuit with the VA led me back here.

This post captured my interest in particular because I've been pending appeal b4 BVA (traveling board) since November 2004. My rep is DAV and I have heard from them maybe three times since that time. Any communication or correspondence is always generated by me. In fact, my rep and I had a little falling out last year when he implied that I should just give it up. He suggested that VA had made their decision and I had no "concrete" evidence that supported my claim. I am treated by VA physicians and have a VA/private practicing Rheumy who have annotated their medical opinions (in length) in my VA file. In fact, I was awarded SSD last year, after waiting two years, and it was awarded based on the medical findings presented by the VA doctors.

I been reading several of the posts here the past few weeks, including the one Mike did in detail. I've also visited ftspondy.com. My question is who can I write to, beside my state reps (who did absolutely nothing) to help me expedite things?

SSD has been a blessing, yet it only stretches so far. I cannot get a job (within the restrictions set by my doctor) and recently I was given two new dx symptomatic of the AS. AS is the dx that my doctors wrote to be the definitive dx. However, VA physicians concur that while the military separated me and service-connected me with a back injury...then chronic lumbosacral strain. The actual dx, in their opinion, should have been sacroilitis, especially since now my SI joints are fused bilaterally and there is now bilateral hip sclerosis and erosions suspected asymptomatic of the AS.

I hope this does not dampen your spirit, but with the war at everyones first priority...it could be a long haul. Per representatives at 1-800-827-1000. frown

Re: Appealing a decision
#101919 10/02/06 03:26 PM
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I was e-mailed this morning and told that it should be the end of December before I can expect an answer from the initial appeals review board. eek


Jay

NOTE: If you aint here to help row the boat then you are welcome to walk the plank.
Re: Appealing a decision
#101920 12/21/06 05:43 PM
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This monring I e-mailed the VFW SO that's supposed to be helping me to see where I'm at and to keep my name on his mind.

I just got e-mailed back (nice and quick response for a change) and he said my case is still in the mill. They sent off to St Louis to request any physical or medical eval findings.

WTH?! Shouldn't they have had that a long time ago? Like, 3 years ago?! mad


I'm tempted to take their money and supposed benefits and shove them. mad


Jay

NOTE: If you aint here to help row the boat then you are welcome to walk the plank.
Re: Appealing a decision
#101921 12/27/06 12:39 PM
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Man you guys are scaring me. I have my first "record scan" in 2 weeks. Talking to my rhuemy alot of people get rated under 5001 and get alot, but then you read the bad luck on here. Im not looking for the world just a fair rating. I have limited motion, but with Enbrel get around well. Should I quit taking it before the actual evaluation?

Re: Appealing a decision
#101922 12/27/06 01:03 PM
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The code is actually 5002. Technically it is suppose to be 5009 which refers the rater to use the criteria under 5002. If you haven't had one yet, get a nuclear bone scan as this will help documnent damage to date which is important even if your ROM is not so bad anymore. Keep taking your Enbrel and any other medicines.

Mike

Re: Appealing a decision
#101923 01/19/07 01:20 AM
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Bought through messin with the VA.

I e-mailed the VFW rep helping me to see where I was and he said they were waiting for my records from St Louis to review any physicals and MEBs etc I may have had.

Hell, I thought they did that 3 years ago.

My VA clinic has no rheumy so they told me to keep seeing my civilian and they had to get special approval for my enbrel and celebrex. That was 2 months ago. This week I have been playing phone tag to see if I got my meds approved. I also asked if the VA was going to cover my costs with the civilian rheumy. I was told no because my treatment started without being pre-approved (no referreal) by my PCP. Nevermind that I had to wait almost 3 years to get service connected and for them to see me. (I tried before, they saw me once, paid for 2 months of enbrel and then cancelled me because I wasn't service connected yet and my wife makes too much money) I call the patient advocate. She's no patient advocate. She's a VA lackey fighting for them. She told me the same thing the local clinic said and that I was pretty much on my own.

Hell, the VA can keep there damn help if this is what it entails. This is a clean site and I don't want to say what I'm really thinking but the VA can go piss off. I'm done and don't really give a rats ass anymore.


Jay

NOTE: If you aint here to help row the boat then you are welcome to walk the plank.
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