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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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My ama video conference hearing timeline
Here's my timeline2014 denied quite a few claims2015 reopened the claims I was denied and was again denied due to never being notified of several c@p exams that I didn't attend due to not being notified2016 put in Nod appeal2018 changed from NOD appeal to RampJan 2019 denied all Ramp appealsFeb 2019 put in Nod for ama see a judge laneAMA Hearing scheduled Dec 2019So in my case the ama see a judge lane only took 10 months from NOD filed to hearing dateColor me impressed...I figured it would be 2 years.So......now what do I do lol????? DAV filed the ama NOD for me. Will one of them go with me to see the judge ala video conference?That seems to make sense to me but I have no…
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spine forward flexion
What would be the expected forward flexion if one has 3 fused disks (L3-S1)?
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Help with DRO Appeal
Tomorrow will mark 7 years that I’ve been waiting for the VA to make a decision on my original claim. Currently I’ve been waiting 6 years for a DRO review to be completed, since August 2013, and while things were moving earlier this year with exams, it seems as if my claim has stalled since July of this year. I’m currently Hardship flagged and hopefully waiting for something soon but I’m just seeing if there’s ANYTHING I can do to get this thing moving. I have a current White House VA case pending, I’ve contacted lawyers who can’t help until I get an SSOC, my VSO can only give me the “hang in there” speech and my congressman hasn’t replied to my email for assistance…
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Just a ?
Ok I got the transcript of my informal hearing July 10 pretty much what we talked about. I had to have two more comp exams done on July 25 7 total comp exam for aid & attended. An lose of use of my hand smh Well ain't way I was told dro started the review Aug 25 if true how long does it take. Told they have 60 days once they start the review is that true. If I didn't get a denail by now is that good or bad lol Crazy part I receive in home care 2 day a week 2 hr. Pay by VA hospital will not pay for more days say budget smh. So I am stuck with 4 hr of in home care. Told my income stop me from Medicaid. An it's been 2 yrs 3 desicion with not o…
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Where is the Estimated Completion Date Found
I have a GRANT of an appeal with the VLJ that was granted in April 2019, TDIU dating back to 2012. I am told by the DVA that I also was awarded P and T and that the completion date is October 9, 2019, tomorrow. I know in the past I could see the Prep for Notification and estimated completion on Ebenefits but that has all been moved to Va.gov now and I see nothing there other that the GRANTED statement and a timeline for a remand that was also on appeal. Does anyone know if you can still see the estimated completion date anywhere and if so, where do I find it. Thank you
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Favorable finding identified in this decision
If "Private examination for Dr. XXX (Board-certified Anesthesiology and Pain Management) opined that chronic L5-S1 disc degeneration & bilateral lower extremity sciatica are more likely than not less secondary connected (due to abnormal gait caused by service connected left ankle disability)" is in the Favorable finding identified in this decision section of a Rating Decision, how does it compare to if it was in the DECISION section of the Rating Decision?
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Appeal for EED
Is an appeal for EED feasible with the following facts: 1.) Veteran started a claim via eBenefits, thus establishing veterans' intent to file. 2.) 9 months after starting claim, veteran attempts to complete and submit claim via eBenefits but an error caused by eBenefits forced veteran to delete and start new claim (twice). 3.) VA grants claim with an effective date the new claim was completed and submitted (9 months after ITF) 4.) Veteran did receive via email Receipt of Claim of when veteran started original claim. I've been looking at 38 CFR § 3.1 (r) but am unsure if it would apply in this case. Thanks
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How up2date is VA.GOV, BVA appeal status page?
How up2date is VA.GOV, BVA appeal status page? or is it yet another mystery the VA gives us? I was wonder is it it weekly, or monthly, or? I was sent a form asking if wanted to submit more info, etc.. I submitted a statement, and checked waive the 60 days, do not send to RO. Decide my claim now. It appears they got back the remands and the AMC finished my remands and sent whatever it was back to the BVA Judge. Since I waived the 60 day wait, etc... almost a month has passed... So, that 60 day waiver is smoke and mirrors. Or the Status page hasn't been updated in 2 months. The status page says the judge is getting more information, which I t…
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Waiting for BVA hearing..
I am waiting for a BVA hearing in Columbia, SC. I filed the claim over 5 years ago, and my VSO has no clue when it might be, other than "possibly next year". I don't have to tell you this is a national disgrace. My condition worsens with time. America's dirty little secret is that there is an epidemic of suicide among vets, mostly Vietnam vets, like myself. They are forced to wait unreasonable, excessive amounts of time. I am told the VA is hoping you will either give up, or die. And they don't care which. This is the way America's heroic vets are being treated. Supposedly there is a tremendous backlog of cases in Washington at the core of the problem. I voted for Trump …
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Reason for DRO review AFTER SOC??
Checking VA.gov and I see my Form 9 has been received and now it's being reviewed by DRO before certifying and sending on to BVA. Why does the DRO have to certify they've finished reviewing a case before they certify sending it to the BVA? I understand it's VA policy, but it seems like just another delaying tactic. Shouldn't the DRO have reviewed all the evidence when they made their decision and then sent a statement of case? Thoughts?
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Favorable finding
Someone recently posted about favorable findings and it made me think. Is the VA required to declare all favorable findings (ex: other doctors diagnosis/concurrence with diagnosis different from the c&p examiner) or do the only have to declare what they want in the decision?
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5 days worth of backpay?
Hi, today I received notification that my nephropathy rating was increased from 20% to 30% with an effective date of Sept 5 2019 which was the date I went to see the LHI doctor who examined me. Does this mean I am getting 5 days worth of back pay? I can provide more information written verbatim or pictures if needed. I just don't know what to provide to get answers. Thank you
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