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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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Need advice on the best way to approach an appeal for effective dates
I figured I'd start a new post since my original post in MST is a little old an now off topic since i was approved!!! Merry Christmas Everyone!!! and Happy Holidays for those who don't celebrate!!! I had a Christmas miracle happen! I logged into EB on the 26th and my rating went from 70% to 90%!!! They approved my PTSD at 70% and my shoulder that I've been fighting since forever at 20%. Now the bad news...the effective date of my PTSD was 12/13/2019 even though I submitted my supplemental on 6/13 and have been claiming mental health issues since 2017. Also I first claimed my shoulder in 2017 and they denied my claim without a C&P exam even th…
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CAVC Appeal
So I now have a lawyer and we are meeting next week to go over my case and move forward with the appeal. Never being here before, what should I be doing? I don't want to get in their way, but I also want to make sure we are fighting for everything I can. On appeal will be Scaring(30%)-Dercum's(60% and they combined the scaring to remove my 100%) The judge did state I did not get the max allowed by law for this claim-PTSD 30% The law firm I went with specializes in PTSD. I also want to talk to them about getting P&T. Any advice? Just give them the info and let them run?
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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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CAVC
So I got a document to sign for a lawyer at the CAVC. In it is stating a 20% fee for them to take the case if they win. In the documents they also have if it is anything but the CAVC there will be a 20% fee recovered if there is an award. I am assuming this is standard for a lawyer to have in the paperwork? In their letter they state they want to appeal to the CAVC and fight the ruling. I just want to make sure I understand the legal mumbo jumbo before I sign it. In it they are stating 20% of the retro and then go into the EAJA. So will I be required to pay the 20% and then they get the EAJA?
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verbiage At Least As Likely As Not - Denied SCD
Hi all, New to submitting, but have been a passer by for quite some time. I got out of the Navy in 2010, with SCD disabilities for many things. What I'd like to talk about here is my lower back (surgically repaired and rated 20%), and my right knee (rated 10% and 10%). Back in January of this year, I submitted a claim for my left knee, which was made worse by my RIGHT knee. The VA Doc gave me a "less than likely" for nexus, so claim was denied. I then opened a new secondary claim in October of this year, saying my left knee condition was caused by my lower back. In either case, right knee or lower back, it's an accurate statement. My gait has been alte…
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Wow appeal with judge
OK I did a advance on docket it was granted. Now ebenfit say it's with a judge today. Is this good or bad really quick to me now I am nervous. Smh What is the with judge the timeline on this. I haven't even got the my case was advance letter yet.
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CAVC
How long does it take after you have a remand from CAVC I am just hoping it doesn't take as long as it did for the bva to get my granted service connection.
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Process after Remand
Can someone give me an idea what to expect after a remand? or tell me that if the below is accurate? A.) BVA remands - to determine SC and if SC rating. B.) C&P exam scheduled and performed. C.) After C&P results - what happens now? 1.) Local office (or AMC) will make determination if a.) current injury, b.) in service event that injured, and c.) nexus between a & b. a.) if local office makes positive findings of a, b, and c (above)- can the local office issue a rating and give an award? or b.) Local Office forwards the exam to BVA to make a determination - D.) Af…
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Update....
Just found out today that Huntington WV RO has my Remand. This is good news. I was hoping to avoid having my Remand going back to Philly. Anyway, Huntington has already requested a C&P Exam. I'm going Dec 13th. Pretty quick. Huntington did my hearing loss and tinnitus claim. Claim filed Jul 2019 and Granted Oct 2019. They seem to be quite efficient. Now let's get to the exam; they want another PFT (pulmonary function test) and then a medical exam. Here's the weird part; the medical exam may not be a Doc. They told me his first name. So, my Lawyer wants me to load up my paperwork and bring it with me. Every time that I read and reread the Remand Order,…
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Vietnam Survivors Benefits After his death.
I just found this out even after a Vietnam Veterans death his suvior can get benefits but has 1 year to refile for this DIC Benefit check out Attorney Chris Attig VLB (Veterans law Blog) https://www.veteranslawblog.org/vietnam-veteran-survivor-benefits/Veterans survior Ms T bird as this up on Hadit also. I am helping my cousin try to get her Dad benefits who passed away last Dec 2018 she has little time to refile the claim he had in at the time of his death Dec 24th 2019. She was his survivor & Beneficiary .
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BVA hearing
I just received a very good nexus letter from my VA doctor which I believe will be sufficient evidence for SC for my rare form of cancer. It connects my disease to Agent Orange in Vietnam. I'm wondering how to translate that into compensation. Now, assuming I am granted SC, how is the subsequent rating conducted? Will I be remanded for exams? How do I maximize my rating and compensation? I have found citations in which residuals are granted at the time of the hearing, but don't know if I should list them. Or if I should request an outside dentist's statement from my dentist? He is familiar with my case, how that I have lost teeth due to radiation and chemo due to tongue…
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Appeals Claim Remanded, One Injury Granted, How Long For A Rating?
I have been fighting with the VA for 15 years for my claims and after all this time, exams, denials and appeals, my claims have been remanded back to the AMC by the VBA because they were apparently mishandled and incorrectly denied and I even received an apology letter from the VA somewhat recently, woo hoo!(that really meant alot)[roll eyes]. One claim was finally granted about 3 months ago and is at the rating board awaiting a rating decision, what kind of time frame am I now looking at for a rating decision, not sure how long this remanded appeals claim will take though? Thanks.
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