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Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
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3,121 questions in this forum
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Possible CUE for asthma % due to way medication was described
This question probably boils down to the VA's definition of "inhalational anti-inflammatory medication". I'm helping a veteran who might have found a CUE involving an asthma rating. They got 10%, but believe they should have received 30%. I just need some help finding the correct regulation/law/court opinion to help them fight this. The claim became final about 16 years ago that was filed a couple of years after they got out, but they did win service connection. The C&P doctor said the veteran's asthma was "well-controlled with beta agonist inhalers", but did not indicate the frequency (daily or intermittent). Medical definition of asthma, indica…
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opposing opinions
I'm not sure if my title makes sense, but here we go. In other threads I mentioned I was denied for lack of diagnosis for a secondary condition. After speaking to the DAV I learned a little more about my claim decision. I will try to make this as understandable as possible. I submitted a DBQ from my doctor which provided a diagnosis and stated "more likely than not" connected to my primary condition. The VA then requested a medical opinion of their own. They received an opinion from a specialist in that medical field that says my condition that states "at least as likely as not" connected to my primary condition with medical rationale. The VA then sent me to an in p…
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VSO states they work for the VA not for ME
So, as some know I have been having a little war with the VA and my VSO, the American Legion, about getting my DBQ's. So today I went to the VSO's office in the VARO building during their "walk in" hours since I could not get them to give me an appointment. On the door was as sign saying the office was closed for the week for training and left the 800 number for Washington DC office. I knock on the door anyway. Two ladies answer. Tell them what I want and that I need them to do it today. They invite me into the office. I hand them a typed sheet with the Dates and Dr's of my C&P's and a list of documents for each one that I need. The …
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Questions for Elders ...one at a time... 4th - Deadline for Submitting Evidence to the BVA
All, So I've gotten conflicting information from two different VSOs...go figure. When is the deadline for submitting additional evidence in support of your appeal(s) to the BVA; 90-days from when you file your Form 9, or 90-days from when receive letter from BVA certifying your appeal? I did request a (video-conference) hearing. NOTE: My claims/appeals are under Legacy Appeals. I opted out of RAMP. I filed NOD I received SOC I filed appeal/Form 9 with BVA. JMcB
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Questions for Elders ...one at a time... 6th - m21-1 adjudication procedures manual
Easy question Does anyone have a current PDF of the M21 manual. Google doesn't seem to have it ;/. J McB
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Looking for BVA advice
Hello, I am a USAF veteran that was medically discharged in 2013. I had my wisdom teeth removed, and they severed the nerve prior to deployment, rendering me unable to deploy. When I separated my disability claim was denied because it was filed under medical instead of dental. I hired an attorney and have been going through the VA process since. Now in September of 2019 I was finally awarded a place on the BVA docket, however the VA never sent a Form 9, and further more, my Senator had to get this fixed (which it ultimately was). My question is whether or not I should stay in the traditional system at 154,000 people in front of me, or move into the new system and att…
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Meniers Disease/ Endolymphatic Hydrops NOD & congressional inquiry
Hello all, i'll summarize the best I can. Submitted a claim for hearing loss % increase and ear infections early 2017. I was already granted connection for left ear hearing loss at 0% and tinnitus. Appeal comes back denied dec 2017 and then NOD process begins. Nothing claim/appeal wise is done up until July 2019 after i submit another new claim for meneirs secondary to vertigo, or something to that extent (VSO did it). The vEarly 2019 i was diagnosed and treated for meneirs from VA ent. Civilian nurse practitioner (arnp) ENT diagnoses and gives me a dqb/nexus statement 51% or greater for meniers. After claim is submitted C&P occurs and she tells me & then i read a…
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Va really be trying to mess with your mental I believe
Well I did the request for the the informal hearing. Sept 1 call today and told they got a request be I didn't ask for a copy. So what was I requesting lol So I have to send a request ask for a copy. Smh Now if I had a rep they can get it in one day. But I cnt because I represent myself smh I have had 7 comp exam in. 1 yr for aid &attendance &loss of use of hand. the va hospital pay for 2 days of in home care by a outside company.for me think that shows I need help Smh not one decision out of 3 state anything. Your not bedridden denid never stated anything about the help need lol smh I am 25 yr tdiu never got smc s I am iu for one condtion 60 %…
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IS this correct?
I had filed an appeal for an eed relating to my shoulder and it is listed as 9-5-2019 on ebenefits. I had appealed for a 2010 date. Is this one shown on the ebenefits the one they gave me or just when it was decided? Thanks
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BVA remanded to VARO
I'm new to this site and forum. After several years of struggling, I finally reached 80% SC March 2018, but have appealed other issues that were denied. More specifically, I have SC hearing loss and tinnitus. Other disabilities have been granted, but rated rather low, and those are under appeal as well as vertigo. A week ago, I got a copy of the BVA finding and order of remand to the VARO. In that order, the BVA directed the VARO to obtain a "physician's" assessment of the record as to whether the vertigo was "as likely as not" service connected, as it relates to granted SC for cervical IVDS. My claim for vertigo is "cervicogenic" and not the more common BPPV Ve…
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Questions for Elders ...one at a time... 3rd - Requesting Expedited Review
Ok, brace yourselves. The VARO who decided my NOD wrote in response to my Senator's WTF inquiry asking why they didn't consider any of the evidence I submitted in support of my NOD that they did not consider any of the evidence... In fact, they claimed in response to his letter, which had attached to it the confirmation emails from the VA to his office of each and every document his office sent to the VA, but I kid you not, they claimed, in writing, the documents weren't received until after the NOD was decided... In his are you really that *&%g stupid follow-up letter, they then said they would process SSOC which I adamantly said *&^% no to, and filed SOC ap…
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Questions for Elders ...one at a time... 2nd - VA Admitted CUE
Note: My claim(s) are under Legacy Appeals I received a Rating Decision where the VA acknowledges CUE, though I didn't claim CUE, but the decision admits CUE... I did write in my NOD supporting statement, "NYCRO committed unmistakable egregious errors when they closed my 2016 claims," but nothing about claiming 'Clear and Unmistakable Error(s)'. So then, I'm feeling like this CUE claim by the VA is some...thing they've done to put a halt on that component of my claim...which is retroactive for TDIU... In my SOC appeal I took the route of "I dunno" 🙃 lay person filing appeal and posed the question under footnote noting something along the lines that 38C…
0 votes3 answers