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

3,123 questions in this forum

1. DRO - Appeal - Preparation for Decision

   In July 2016, I filed for a disability claim. I have been out for over 20 years, it was not until I was refinancing my home last summer that I was told that I could still apply for disability compensation for my shoulder. So I waited over 20 years to make a claim. My military medical records show that I had a major shoulder surgery while on active duty. In October 2016, my claim was denied based on no service condition and not chronic. Prior to the denial, I was never offered an C&P exam. I timely appealed in January 2017. My appeal included a medical record to demonstrate the current disability and I requested a C&P exam. …

   Asked by az arr, June 28, 2017

   • appeal
   • dro
   • preparation for decision
   0 votes
   11 answers
2. • 
   • 
   • 
3. Sample NOD

   Behind the times. Was not aware of the AMA took effect on 19 February 2019. PLEASE DISREGARD MY POST. GO TO ASKNOD for latest on AMA, and how to appeal. I have created a sample NOD to use in your response to the VA denial of benefits letter. Please ensure that you use the correct VA form, 21-0958 dated Sept 2018, or later. It would be helpful if some of the senior moderators would review my post and comment on it. Vern2 sample NOD2 statement to put on the VA 21-0958.docx

   Asked by vern2, March 3, 2019

   0 votes
   13 answers
4. Ulnar Nerve Mild Paralysis

   I received my VA rating and one of the conditions was Service connection for Upper Left (20%) & Right (20%) Extremity radiculopathy. The reasoning was Mild incomplete paralysis of minor extremity LEFT and incomplete paralysis of major extremity RIGHT. The C&P report showed all 3 radicular groups (Upper/Middle/Lower) all affected with mild paralysis. My question is that the Award report didn't say anything about the documented Ulnar nerve mild paralysis which, if I understand correctly, is rated separate from the Radicular groups. Does anyone know if they Ulnar nerve paralysis should have been rated? Thanks in advance.

   Asked by RBrogen, March 10, 2019

   0 votes
   1 answer
5. Possible EED?

   Hi all, here is the BVA's decision on my appeal. I originally filed a claim for depression back in 10/2007 but was denied. Then I opened a claim for Bipolar in 11/2015. I hadn't even considered the 10/2007 as an EED, but in the decision the judge keeps referring to the 2007 claim and says that my Bipolar claim is new and material evidence that reopens that claim. Am I reading this right that I may be able to get an effective date back to 10/2007? Thanks for looking over my decision and helping me out.BVA Decision 3.1.19.pdf

   Asked by BuddyLoveAK, March 7, 2019

   0 votes
   4 answers
6. This Q is for anyone in RAMP who NOD appealed seeking a Hearing.

   I have four issues on RAMP Appeal - all filed as HLR - all were denied. I filed NOD's on all four and requested a Board Hearing this time. That NOD and request was received by my VARO and filed November 2, 2018. My question is to anyone who has been either HLR or Supplemental Review of RAMP that were denied and NOD now seeking a Board Hearing. Has anyone actually received a Board Hearing as yet under RAMP? If so, how long did it actually take to get the Hearing? If no Hearing as yet how long have you been waiting in months to date and has anyone been contacted yet with an actual upcoming Hearing scheduled date?

   Asked by Wayne TX, March 5, 2019

   0 votes
   3 answers
7. The new post-2/19/19 Appeal technique

   Try this on for size if you are new to this. https://asknod.org/2019/03/03/independent-medical-opinions-who-what-where-why-and-when/

   Asked by FormerMember, March 4, 2019

   0 votes
   3 answers
8. NOD for deceased husbands claims

   i am in an NOD for TDIU thus asking accrued thru PTSD. The more work I do the more I find out the more I should have done or I guess my VSO. As in earlier posts, I have said that the only reason they denied the TDIU (which to me was obvious), is they denied it because of an old SSI claim for his back. I will "state" in my NOD that it should not supersede the TDIU/PTSD because I can add some presumptive info that started "Before" the back claim.. (I don't know if it will be as determinative to them, as PTSD can be elusive) Again I'm not sure thats what they even want. It seems they just want me to put in "Words" that it is not predicated on the back situation, which by th…

   Asked by Poopsy Woopsy, February 12, 2019

   0 votes
   33 answers
9. NOD (Effective Date)

   Hi folks, I put in a NOD of disagreement because I thought the the psychiatrist short changed me on my claim for depression. She put me at 30% and I thought I should be at 50%. The Effective Date for this claim was in August, 2015.I put in for a NOD Ramp appeal in August, 2015. I had a C&P exam for my NOD on Feb, 2019. I ended up getting an increase of 50%, effective date 02/2019. The funny thing about this is that they started paying me back pay from Aug,2015 the day I put in my NOD because the extra 20 percent due to winning my NOD put me at 100% disability. I"m worried that I'm going to have to pay a ton of back pay because I wasn't at 100 percent in 2015…

   Asked by LAR, March 5, 2019

   0 votes
   2 answers
10. Any experience with a NOD for effective date?

    Long story short, my husband was awarded disability for PTSD in October, and at that time he received back pay from September of 2016, which is when the claim was officially filed. He originally filed an Intent to File in September of 2015, which reserves the effective date and provides you a year to file, which he needed the full year while he obtained his medical file. He submitted a NOD due to the effective date actually being in September of 2015 instead of 2016. Does anyone know how long this takes? I've read horror stories of it taking anywhere from 3-7 years, but it seems like such an easy fix to determine the effective date, especially if they have the records…

    Asked by ErinNick, March 6, 2018

    0 votes
    4 answers
11. Appeal closed Permanent and Total

    My case granted by board in December 100 %IU. Sent to regional,February 15 checked vets. Gov or va. Gov and it shows P&T with no future examinations and my pay rate at 100% under letters. Supplemental benefits listed with educational for children and Deers. How long before retro in bank considering everything signed off on.What state benefits entitled too.

    Asked by air1, February 18, 2019

    0 votes
    17 answers
12. Partial bva grant implementation

    Has anyone had a bva partial grant implemented yet within the last year. May 1st I had a partial grant for my left shoulder and my PTSD remanded. September I was told I was rated at 20 percent for shoulder with retro going back to Jan 2012 by my rep. Peggy even slipped up once and told me my rating, just pending authorization. That was in Oct. Anyone else in the same boat? I haven't had any implementation st all. Nov 28 I received a letter stating my RO has started on my remand. I'm hoping they aren't going to finish my remand before paying me anything.

    Asked by hume0351, January 25, 2019

    0 votes
    16 answers
13. Got Decision

    I just received my decision and was granted 80%. I am confused as to how they calculated the numbers because what is showing on EBenefits doesn't give full details nor does it actually list 2 of conditions I filed for. Anyone ever have their decision rendered and the EBenefit list not actually include all of their claimed conditions, approved or not?

    Asked by RBrogen, March 2, 2019

    0 votes
    3 answers