Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC

3,122 questions in this forum

1. Court of Veterans Appeal Hearing Videos

   Oral Argument held at NOVA Conference, Washington DC Judges Allen, Laurer and Jaquith Counsel for the Appellant: Zachary Stolz & Jenna Zellmer Counsel for the VA Secretary: Nathan Kirschner & Dustin Elias Terms: AMA, 526 EZ, M21, Attorney Fees Key Points:

   Asked by Tbird, March 16

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   0 answers
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3. After 50 years I received a 100% disability rating. At 73 years of age I was awarded it about a month ago.

   After 50 years I received a 100% disability rating. At 73 years of age I was awarded it about a month ago. Prior to then I received a letter from the Treasury Department stating they didn't have my banking info available if I was awarded a pension. Turns out they did. I had to call the number given to verify it. The gentleman I talked to told me how it can take 6 to 8 years for an appeal. WOW! That was depressing. He said the Washington office alone had 4 or 5 staffers and handled 30,000 claims. I wrote to Senator John McCain telling him what I had learned. With no reply necessary. I turned on CSPAN 2 weeks later to see what was going on with our committee hearings and I …

   Asked by shipdog7, May 26, 2017

   1 vote
   25 answers
4. Vba Nod Form 21-0958

   Go to the following link and click the download button. http://formupack.com/pdf-forms/federal/va-veteransaffairs/FederalVA_VBA-21-0958-ARE.html "THE USE OF THIS FORM IS NOT MANDATORY. HOWEVER, USING IT WILL HELP REDUCE DELAYS IN PROCESSING YOUR NOD. THIS FORM HAS SEVERAL KEY COMPONENTS, WHICH WHEN FILLED OUT COMPLETELY AND ACCURATELY, WILL DECREASE THE AMOUNT OF TIME IT TAKES TO PROCESS YOUR NOD. Frequently asked questions: For what do I use this standard NOD? Use this form to indicate to your Regional Office (RO) that you disagree with a decision you received regarding your claim for disability compensation. Examples of these decisions may include entitlem…

   Asked by carlie, August 16, 2014

   0 votes
   12 answers
5. How Do I Appeal

   http://www.bva.va.gov/docs/Pamphlets/010202A.pdf

   Asked by carlie, April 17, 2011

   0 votes
   4 answers
6. Waiver Of Regional Office Consideration

   This link has a PDF attachment for the Waiver of Regional Office Consideration that is used when you submit additional information / evidence to the BVA. If the BVA does not get this signed Waiver from the claimant, in most cases they will automatically by regs. have to remand the additional information / evidence back to your RO for their consideration.

   Asked by carlie, November 16, 2010

   0 votes
   2 answers
7. Motion to advance on Docket?

   Greetings, Hadit family I’m currently still in the fight with the Va and have 4 appeals at the BVA awaiting an hearing. I applied for the motion in February of this year and it’s been crickets since. I started calling this month to inquire about it and keep getting the same generic answers. So today a nice lady finally was able to shed some light on it and said it’s currently waiting for a hearing to be scheduled, as it’s with the BVA hearing administrators. She said that’s a good sign but idk since no decision been made yet to grant the motion. Anyone else been in a similar situation? Or what else can I do on my end? And what to look out for etc. Would I hear about …

   Asked by Bluntly, April 8

   0 votes
   2 answers
8. Entitled to Backpay if Legacy Claim is Adjudicated and Veterans is Already 100% SC

   Does anyone know if a person will get back pay (if granted)for an adjudicated legacy claim (on appeal, currently Judge is reviewing) if the person is already 100% sc. Granted 100% SC for other claims. 2005 legacy claims pending, still waiting for Judge to review. If granted will VA grant back pay? Thanks so much.

   Asked by GulfWarVet1990, March 16

   0 votes
   11 answers
9. What is everyone's current BVA appeal status as of January 2024?

   Just curious where everyone else is sitting with their BVA appeals. This month, my BVA AMA appeal turns 3 years old. It was an appeal of a CUE denial I submitted in 2019. The BVA received my appeal in January 2021 and the video hearing happened in December 2022. VA.gov still says it is waiting to be assigned to a judge to make a decision. I realize there are a ton appeals ahead of me as I am not terminally ill, not over 75 years old, not having a financial hardship, not having a legacy appeal, and not a PACT Act/Toxic Exposure appeal. Not only did I receive one copy of this email today from the VA, but they were nice enough to send me a second copy of it! Bonus!

   Asked by Vync, January 2

   0 votes
   17 answers
10. BVA Direct Review Timeline

    Submitted a BVA direct review 1-11-22. They advertise "average wait time" of one year. In about 2 weeks, I'll be at two years. It has said waiting for a judge to review this whole time. Recently I was told by a VSO that they are just starting 09-2019 appeals. Any one have any insight or personal experience? Thanks.

    Asked by FlyboyLeRoy, December 31, 2023

    0 votes
    5 answers
11. VA.gov Shutdown, Upcoming site maintenance: November 18 to 19, 2023.

    Upcoming site maintenance: November 18 to 19, 2023 We need to update our systems to add the 2024 cost-of-living increase for VA benefits. As we do this work, you won’t have access to many online applications and tools. Thank you for your patience as we make this important update for Veterans. Start: Saturday, November 18, 2023, 4:00 a.m. ET End: Sunday, November 19, 2023, 7:00 p.m. ET

    Asked by pacmanx1, November 17, 2023

    • just passing on
    0 votes
    1 answer
12. All BVA Judges are not agreeable, BVA judge partially denied JMR Review.

    Over the past four (4) years I have won three BVA decisions, the first granted me an Unadjudicated claim/appeal. The second granted me an Earlier Effective Date (EED) of my service-connected disability. The third granted me an Earlier Effective Date of TDIU. The issue I have now is that I was rated 100% schedular P & T before this rating and when the judge granted my appeal and awarded an EED of TDIU, the judge failed to address an SMC-S consideration even after the IMO stated that my symptoms preclude employment. This was a new separate claim/appeal, and no other disability was included in my medical opinion. The judge’s decision stated that my symptoms preclud…

    Asked by pacmanx1, November 5, 2023

    0 votes
    12 answers
13. First time hearing of this, anyone else?

    I filed a BVA advancement on the docket today. Provided evidence why I should qualify and explained my appeal. In 2021, with my civilian doctors (otolaryngologist) paperwork i submitted, I was granted an increase (already service connected) to 100%. Months later, the va still scheduled a c&p exam for me, even with sufficient evidence and of higher probative value. That c&p exam like a PA (physician assistant) and a general MD to not mark the same boxes as my doctor which resulted in my decrease. After faxing an advancement on docket today, after logging in Ebenefits I noticed they had filed a CUE same day and was already assigned to a reviewer. It wasn’t what I …

    Asked by FlyboyLeRoy, September 20, 2023

    0 votes
    5 answers