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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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Under the new Appeals Modernization Act, has the VA changed the NOD form ?
Are we required to use the old NOD form if we want to take our appeals directly to the BVA, or have the NOD forms been changed?
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NOD Question on Medical Issue or Symptom Issue
Howdy all, I'm pulling all my support docs together for the NOD I plan to submit. I had requested an increase for my knee. Originally I was rated 10% for Meniscus repair. The decision came back changing that to 10% for reduced range of motion due to pain. I feel it should be rated at least 20% under DC 5258 (Cartilage, semilunar, dislocated, with frequent episodes of “locking,” pain, and effusion into the joint). My knee locks numerous times a week, hurts all the time, and swells up most of the time due to a bakers cyst that does not go away. The torn/dislocated cartilage and bakers cyst are both in my records and annotated on the most recent MRI. So would the lock…
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Are there options out of the Legacy Appeals process?
RAMP was useless. The VA never opened the other lane to directly appeal to the BVA in RAMP. Is there a path to get my appeals into a direct lane to the BVA with the new system implemented on 2/19? My understanding is that veterans who are in Legacy Appeals, will remain in Legacy Appeals. Is this true?
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Va Appeal To Bva 5 Years Old Without Progress
This is getting almost comical. I have been in appeals to the BVA since 2010 and they still have not even sent my stuff to the BVA yet. I recently e-mailed Bob McDonald and got a response that they would look into it last week. When I send in an inquiry I get the exact generic same answer each time. Is there any specific legal recourse that I can take to see exactly what is going on?
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Appeal shows approved in Jan but still no update
So I've had an appeal going since Feb of 2016. So today I figured what the hell it's been three years maybe it finally changed status from submitted to ANYTHING else really. Well to my surprise my appeal was APPROVED as of Jan 14th. Then it says if there are any changes with my rating I'll know within 1 - 2 months. Well now I'm getting excited and I'm wondering if there is anywhere else besides ebennies or va.gov that I can go to check if my rating is changing. If not is the 1-2 months accurate. It's the VA you know, and the appeal said it should only be 9 months and that was 36 months ago. So I'm not sure I trust their timetables at all.
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70% PTSD/MDD-Denied TDIU Reasons and Bases listed
My denial of my TDIU was given but they did not mention MD Valette IMO as the reason for denial or reason for approval even though he evaluates me over the phone and reviewed my records. MD El Khatib notes and records were part of denial evidence, VA came up with the assumption he did not do in person but I was in his office on several occasions and he even gave me medication. This inconsistency should not have been a reason for denial.
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Joint Remand from CAVC
My appeal is being jointly remanded from the CAVC to the BVA. I am trying to determine the best way to convince the BVA judge not to remand my case back to AOJ, and to approve service connection. JOINT MOTION FOR REMAND Pursuant to U.S. Vet.App. R. 27(a) and 45(g), the parties respectfullymove this Court to issue an order vacating and remanding the November 30,2017, decision of the Board of Veterans’ Appeals (Board or BVA), whichdenied Appellant’s claim for entitlement to service connection for a heart condition, to include as secondary to service-connected Meniere’s disease,and a benign trigeminal schwannoma, to include as secondary to noi…
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Dr. Charles Haddad, jr of metaire, la
Has anyone used him for an IME/IMO. found his name through a directory on Haddit. My ortho C % P exams did not go very well. The first one was by a PA , the 2nd one was by a QTC nurse, with no ortho experience. Vern2
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EED
Hi Everyone, I really want to thank you all for the great job, you are doing. You have really helped me out in filing my Disability Claims, as the V.A. had me twisted up in a knot, before I get the valuable help from all of you. I have an interesting question. In 2006, I filed a disability claim for my left eye, and naturally was denied. I was denied again, even tho the verification of my injury was in my SMR. Finally I had a BVA hearing in 2013, and I was approved. I was low-balled at 10%, immediately filed a NOD, received a C & P exam, was raised to 60%, two months later the V.A. CUE'D themselves and raise it to 80%. They did give me a EED date of 2007. I…
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Getting SC for Sleep Apnea
I came off a five year overseas deployment in 2017. I had horrible sleeping issues (recorded in medical file) and last year was rated for insomnia and headaches. Also, last year I had a sleep study done and was prescribed and using a CPAP but claim for sleep apnea came back not service connected; everything was done through the VA and my sleep doctor is with the VA. How can I get this service connected?
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Submitting a NOD with supplemental claims under the new system
Howdy all. I'm finalizing my NOD to submit. I should have it ready to submit early next month. I have been told that I need to submit in the Supplemental Lane because I have additional support document to rebut the C&P Nurse examiner's exam. But I also plan to submit supplemental claims for the pain, numbness, and tingling in my arms and legs due to my neck and lower back problems. They will be secondary to those two issues. But the arms and legs issues were both listed as problematic in my original claim and even identified in my NEXUS letter and the DBQs I submitted. I did not specifically claim those issues independently though. Would those also be part of the NOD …
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Appeal direct service connection with secondary evidence
My VSO let me know that my OSA appeal was denied. My original claim was a direct service connection. I read the sleep apnea field manual from Chris Attig and appealed the decision. On appeal I stated the OSA should be secondary to PTSD and sinusitis. I obtained an IMO from Dr Anaise and a DBQ with the at least as likely as not and medically necessary (CPAP) statements from my psychiatrist. My question is on appeal can you submit evidence to make it a secondary condition or does it need to be filed as secondary from the beginning? I haven't received the RAMP appeal denial letter yet. Also is there a section in the 38 CFR regarding secondary condit…
0 votes4 answers