I don’t think there would be any reason for the VBA to even know anything about your appointments unless they were part of C&P exam or you file a new claim. Once you’re 100% PT, the VBA has no reason to follow your medical treatment.
I am a huge fan of the NVLSP. My experience with them has been great. They are the ones who provide training to lawyers who represent veterans. Additionally, they have been very successful in high impact cases resulting in the payment of millions of dollars in benefits to veterans.
Unfortunately, you do need an attorney and the sooner the better. They may not prevail with the BCMRs; however, they are essential for appeals to the federal court.
My attorneys are confident in the merits of my case, but didn’t expect success through the ABCMR. They needed an arbitrary and...
I have seen cases at the Court of Federal Claims and Federal District/Appelate Courts. Do you have a preference?
Do you have a WAG on amount of time required from date of filing?
Thanks Jason.
Timeline ABCMR
Initial Application: Aug 2012
Board Date: Jan 2015
Decision Received: Feb 2015
Appeal Submitted: Jan 2016
Medical Advisory Opinion (AO) Received: Oct 2017
Comments to AO Submitted: Nov 2017
Board Date: Dec 2019
Decision Received: Apr 2018
Total Time Wasted on Fraudulent...
I wish I had taken Jason’s advice and gone to the Federal court after initial denial. I wasted more than 2.5 years on the ABCMR appeal.
I believe the chances of success at the ABCMR on anything except actual paperwork correction or well documented missing awards is remote.
Unfortunately, yes. In November I received an advisory opinion which was total bs. I had 14 days to respond. I responded in three days with 24 pages rebutting the opinion point by point and including regulations in force in 1971. I received the denial on April 7, 2018, 27 months after...
I concur that advisory opinions are only used to deny appeals which appear to have merit. Although the claimant is given an opportunity to comment on the opinion, those comments, even if they contain specifics concerning laws in effect at the time of the PEB decision, are ignored.
My opinion...
My advisory opinion was extremely negative and concluded that the PEB was correct in lowering the rating given by both the physician that prepared the NARSUM and the MEB. I do have the regulations on my side and my NVLSP attorneys think my chances are excellent with the Federal court should the...
Mine was received by ABCMR on January 25, 2016. I received medical opinion on October 27, 2017 and submitted my comments on November 1, 2017. Four months of crickets since.
I have been fishing as often as weather permits. I just wanted to get a status report in case of shutdown. Keep us posted as yours hopefully draws closer to the finish line.
I’m at the two-year mark, more than 700 days, and there is no end in sight.
The ABCMR gave me this answer today:
I apologize for the length of time your case has taken to process. Your case is pending consideration by the Board. Once the Board renders the decision in your case, you will be...