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Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
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3,123 questions in this forum
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CAVC Precedent Setting Decisions
I found this document while searching for other information and wanted to share it. I don't know if it was here already or not. I did a search but nothing came up. It is PDF document created but the Disabled American Veterans (DAV) with a list of precedent setting decisions on appeals. The last revision was January 2010 but there is a wealth of information in this document that I think could be of great use to everyone here. http://wicvso.org/mbr_resources/2014_conference_presentations/CAVC_Digest.pdf
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Remand being worked?
In VA.gov yesterday, there was a new claim that had been opened for TDIU (increase) and Migraine (Increase). I was wondering if this means that the VA is working on our remand? They sent us a letter requesting further evidence as they work our Appeal, and they requested that we fill out another 21-8940 and 4192 (? I think). We had previously filled those out in May 2017. But we filled them out again and faxed them in. Now it is showing up as a claim in Va.gov. So my question is this: Is this typical protocol when they are working on the remand portion of an appeal? The remand is also still "open" in VA.gov.
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Authorization Review?
Hello All. Quick question. Apparently a new claim opened on Nov. 14 that said "Authorization Review". And it closed yesterday. Any ideas what this might mean. The only thing we have still is a remand for TDIU, and that is still listed as remand with no other differences in ratings. It also says that a decision packet has been mailed. Any help would be greatly appreciated. Thanks!
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Questions for Elders ...one at a time... 5th - Contents of c-file
Ok, so I started requesting copies of my c-file in 2013 or 2014 after filing to re-open my 1993 claim in August 2013. My repeated requests went unanswered, and I ended up having to make a Congressional Inquiry through Senator's office to get a copy.... and now I request a copy every time the VA makes a decision (via Congressional inquiry). Here's what I've figured out and what I'm not sure how to deal with, and a question about c-file contents. 1. I have, I think, 4 or 5 CD's of my c-file. I received the first Spring of 2015! 😡. The problem is that documents that were in the c-file CD that I received in 2015 aren't in the one I received in April (2019)... Doc…
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BVA hearing
I finally just received a letter from the Board, stating my appeal was put on the docket. It says I have 90 days to submit all evidence. Assuming my appeal is granted, do they automatically give a zero percentage? And does that mean zero compensation? Or do they give a percentage at the time of the hearing? Will I have to go for C & P exam? And does that with my residuals for cancer determine my compensation?
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I believe Errors and Mistakes may have resulted in denial
I submitted a claim for Sinusitis, OSA,, and Tinnitus. My claim was denied for all 3. The tinnitus they claim was neither occurred in nor was caused by service. My job on active duty exposed me to gun fire, explosions, tanks, and tracked vehicles. I submitted the Duty Noise Exposure Spreadsheet that displayed my AFSC was rated as highly likely to be exposed to loud noise. In the first Exam they claimed I said my hearing loss was from jets flying overhead. Never said that, so they scheduled a second exam. This one they acknowledged the correct job but I was still denied. The evidence listed on the second decision dd not include the MOS Noise exposure chart I included…
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FTCA/1151 Offset
I have filed an 1151 Claim. I have finally found an attorney to represent my FTCA claim. We are going to submit Form 95 this This attorney informed me that he would need to submit separate Form 95's for myself, my son, and all 5 of my husbands previous children. My husband had a total of six children. Five of the children are by his previous wife whom died. And he and I have a son whom is now 9. If successful at the FTCA it is my understanding that the laws in TN will mean an award in the FTCA would be divided this way after attorney fees: 1/3 to the surviving spouse, 2/3 divided by 6. Each child the would receive 1/6 of the remaining 2/3 of monies. So…
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BVA Denial have 120 for CAVC
here are the updated decisions First BVA decision-Remand.pdf RO Remand back to BVA.pdf BVA Decision.pdf Letter in support.pdf
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Confused
OK everyone thanks for all the advice I need your help I called VSO complained about length of time on Wednesday of this week today I checked my E benefits and my ratings are in for my ankles that they were denying me 10% for each bilateral which makes 21% I was originally 80% now they’re still saying I’m 80% I’m 50% pes planus 30% migraine headaches 20% lumbar 10% tinnitus and now bilateral 21% so 10% left and right ankle Can someone else please do the math because I come up with 86% which makes me 90 what am I missing please help and thank you
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Smh VA at it again
Well I been fighting ch 31 for item an services granted after a adminstrative review. Your cases can go to d.c if u DNT agree with the plan or services so never take the verbal no they have to put it in writing Well any way why I was down at ro the other day I put in a bid about all this an I wanted to finish the appeal. Well next day I get a call after 4 yr sign the plan or we will discontinue my program. Well 3 day letter I get this letter tell me I can get my file send anywhere else by default. Lol All I can do is appeal or let them review them self again. Lol guess I be goin to bva about this to smh
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BVA confusion on my end.
Thank you for your responses here. I have a question and maybe someone can help me out. I was certified to the BVA on April 14, 2016 for my case (PTSD) but in March the VA granted me 1 (PTSD) or more issues. Back in Jan 2019, I attended my hearing with the judge. He told me that since the VA granted me 1 issue (PTSD) that he wasn't able to bring it up during our hearing. The day after I filed for an increase in my PTSD. I was sent to a C&P exam a week or 2 later, with a contractor who wasn't very good at their job so they said no increase was necessary. 1 week later I went and got a medical opinion by another (competent) doc and uploaded the DBQ as a supplemental …
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DRO & duty to assist action
Good morning everyone I have currently been in a notice of disagreement for going on a little over three years with a higher level review DRO. The DRO contacted me in March of this year 2019 and stated that he is denying three of my claims but found a duty to assist on my fourth and fifth claim that he was going back to the PA to have her fix I watched my health vet that had a negative DBQ from that PA then she basically deleted it and re-wrote in favor more likely than not 50% service-connected that was completed in July of this year I have both of her DB cues the negative and the positive I’m at the eight month mark And have been told that it’s ready for a rati…
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