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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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Radiculopathy Rating Removed
Last Summer I had a reevaluation for a lower back condition. At that time my lumbar rating stayed the same, but for some reason the radiculapothy rating for the left leg was removed. The letter from the VA did not really address it other than to say it is no longer active. I recently had EMG nerve testing done and the report stated "There is electrophysiologic evidence of a chronic left L4-L5 radiculopathy." In my mind that confirms the very rating they removed. I'm not sure how to proceed, the rating was removed in a letter in late October 2018. I know something happens at the one year mark. I live in an area that does not have VSOs that do anything other th…
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DRO partial grant..how long to get paid
Ok I received my SOC in late May 2019. The DRO gave me a partial grant of the condition and granted my IU status. We submitted a letter stating that we would not appeal any further. My question is the deadline for the Form 9 has done passed so now roughly how long am I looking at to receive my retro pay (it was granted as well) and for my monthly to start?
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The RAMP black hole...
BVA decision July 2, 2018. 2 granted and 1 remand. Nothing but crickets so opted into RAMP in January 2019. C&P on remand in March. Prep for decision since April 3. Had a finish for April 2019 then May 2019 then June of 2020 and as of today August 2020. Absolute travesty. Seriously have to wait over 2 years for granted issues. Have no idea how to feel just blood boiling and if it was in the real world the whole lot would get fired. Nothing can be said to make me get my patience back. This is a huge kick in the groin and giant middle finger if I ever saw one. Anybody else having similar issues?
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Dro Appeal - Timeline?
I filed my claim upon retirement in 2013, got my decision (30%) in Nov 2014, filed my NOD with request for DRO review/hearing/face-to-face meeting in Jan 2015. I visited the VFW (which shares an office with the Regional Office in Tampa) and provided all my new evidence (Letter from doctors, DBQs, X-Rays, MRIs) and was told that they would be shocked if I was not granted 50 - 60% based on new evidence and that they would "walk the paperwork up" to the DRO and see if they could review it soon since I have provided all the evidence they could possibly need and it should be pretty cut and dry (either approve the appeal or send it forward). QUESTION: VFW is now telling …
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A bit confused
So I have remand instructions from the BVA telling the local RO to move the date of my disease to a year earlier. I went on to VA.gov today and saw this. I am at a total loss here, because I know I meet all the requirements for the 60% of my disease. Does this mean they are sending it back to the board and I will hear from them also? or are they denying me again? VA sent you a claim decision on July 08, 2014 VA received your Notice of Disagreement on July 09, 2014 VA sent you a Statement of the Case on November 12, 2014 …
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Higher level review
I have an MD opinion stating it is more likely than not veterans lower back issue and sciatica was caused by an in service event (in my medical records). Had a VA C&P done by a nurse practitioner. ROM was all out of whack. She states veterans level of participation questionable. Less than likely as not (of course), due to the fact I didn't complain on exit physical and medical records are silent for a number of years. Have buddy and spouse statement explaining treatments when I got out and they (more than once) drove me there due to flare ups. Medical records get destroyed after 7 years when I went to retrieve them. Should I file a higher level review or ju…
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Step 7: Preparation for Notification
They must be working today as my appeal just went to Notification this morning....anyway I can look for any signs of the decision prior to waiting on the mailing to arrive?
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VA hearing
Went for my hearing in March of 2019. It's been 4 months have not received any info.How long does it take to get a decision from the board. Only thing I can find through Vets.gov says waiting to be sent to a judge. I've already been before the judge.Any input welcomed.
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BVA sent remand back to regional VA, they failed to follow the judges directions
BVA sent remand back to regional VA, they failed to follow the judges directions. They only copied what was in the first denial, and did not meet the conditions of the BVA judge. They totally ignored al of the injury and chemicals that got me sick. They did not use any of the missing evidence the judge stated in the remand. I am asking my POA to help me craft a letter to the local VA and BVA, specifically citing areas of failure in the SSOC. I know my case is complicated and very lengthy. I worked with chemicals and got sick on active duty. I had skin disease and was also hospitalized for gastritis, while on active duty. I got sick from je…
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Keep fighting even after TDIU???
Good Day Everyone, My situation is this, in Jan 2018 the BVA made a decision and granted me TDIU, and SMC-S, along with that there was an increase of two service connected claims to 10% Left and Right knee patellofemoral syndrome and a denial for increase of a service connected lower back pain claim. I was told by many not to rock the boat but the decision the BVA made 12/1/17 were based on a four year old C&P exam in 2013 and my range of motion both flexion and extension have greatly worsened in my knees and my back pain has become almost a daily battle of getting my body to agree to what I would like to get done. My ultimate goal is to return to work, as I a…
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NOD Still Processing after 5 years?!
Posted in a different forum but I’ll bring this here as it’s more appropriate. Back in August of 2013 my VSO sent in a NOD (which was within a year of my denial which I received in February 2013). This NOD was done because I was unable to get the VA to reschedule my C&P Exams in 2012 after requesting several times and subsequently all my claims were deemed “Not Service Connected. Not Enough Evidence”. After 4+ years with no word from the VA I went back to my VSO in April 2018 and he refiled a NOD, with the original one attached, and I received a denial in May 2018 saying my NOD was outside of the year time frame. My VSO also refiled for a new claim at the s…
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Well had hearing yesterday
Well I choose the informal route did want to wait for transcripts of hearing. Me an dro talk for 2 hrs beening send back for 3 comp exam told they be done by next week yea right lol I think I got the smc for my hand When I ask if I will be getting my benfits he said u sure didn't need vso. An smile I feel good Told decision should be done 60days Last I call white house hot line over my issue dro told they got to get my case done so we will see.
0 votes5 answers