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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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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…
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Help with appeal
I have been trying to help my grandpa receive the benefits that he needs and deserves. He is currently rated at 20% for hearing loss and 10% for tinnitus. Last year we submitted paperwork to reevaluate his claim as his hearing has been deteriorating more and more. Even with the help of hearing aids he has trouble hearing, can't hear a car coming up behind him walking through a parking lot, can't hear people talking to him if he isn't facing them, etc. Anyway his rating was not increased, yet his hearing test showed further deterioration. We appealed the decision last October, and as of today on eBenefits it still shows that his NOD that the VA will soon be contacting…
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Slowed down appeals
I know I was taking the summer off but thought I’d update what and where it’s lost at in this appeal jigsaw puzzle. So Dec. 27 appeal remanded one issue denied one issue for a condition I never filed for using the reason to deny this condition as the condition I claimed was caused by my TBI but didn’t cause a neck condition. I was perplexed went to the RO spoke with VSO who just had me fill out a Statement of support and faxed it into The BVA and the intake center requesting to have a reconsideration and clarified what was claimed in 2012 and was in my NOD from 2012 to have service connected. Well I was contacted by the BVA said the motion is with a judge awaiting for the…
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BVA Advanced on Docket
We were granted an advance on docket for my husband's appeal with the BVA. Does anyone know that once they have made their decision, if granted, does the RO also treat it as an advanced docket case? I didn't know if the RO will then sit on it for years like history has shown for the NOD itself. Thank you in advance for any insight.
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BVA
On Form 9, block 9 asks about having a hearing or not. I want to have the video hearing. My question is, should I obtain an attorney at this time to go over the form with me or just submit it with my reasoning? TIA
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VA to fast-track benefits appeals for hurricane victims
For those who may have been affected by the recent hurricanes. The VA is to fast-track benefits appeals for hurricane victims. Here is the VA link https://www.bva.va.gov/ About half way down the page it states "The Board is making special provisions for impacted Veterans who are residents of these counties with appeals before the Board. Veterans can request an advancement on the docket to accelerate their appeal. Additional instructions can be found on the Board’s Customer Service Page. " Impacted by Hurricane Florence or Michael? The following counties in North and South Carolina have been impacted by Hurricane Florence: Beaufort; Bladen; Brunswick; Carte…
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Mountainman6869
Hi, I have had throat cancer in 1993.... squamous cell carsonomah. I applied for agent orange disability. But was turned down, then I reaplied and again I was turned down....then in 2018 I got prostate cancer and finally I got disability thru the v.a. my question is this.....I still think I should've gotten agent orange disability back when I had cancer in 1993.....what can or should I do?
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missed 1 year timeline appeal
Submitted multiple claims in 96' I was told nothing in from VA office multiple times. Fast forward to May 2017, I visited VA again. They scheduled physical exam and was given a 10% disability. Based on my prior claim for only 1 of my issues. I was back paid from 96' but all other claims were denied. I went back to appeal and was told that there wasn't a "time limit" even knowing my papers said i had 1 year to appeal. I came into active duty with a prior jaw injury, while in service I had a complete reconstruction of upper jaw with bone grafts from hip and 4 implants to upper maxilla which took over 2 years to complete. This is now causing me p…
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6 Months Since BVA Grants, Hearing.... Crickets.
Just checking in to report the latest action on my claim; here's what's apparently happening... __________________________________"NOTHING"_______________________________________.! Next Thursday will be 6 months to the day since the ruling. On August 7, 2018, BVA granted me TDIU and SMC (s) retro to 2009. There are two minor remands that have no effect whatsoever on the TDIU and SMC. As of today, l still am currently at my old rating of 70%. I did get a BVA Decision Letter back in August, but I'm hearing nothing from the VARO or ARC that are supposed to be promulgating my claim. Checked with Peggy again last week, I honestly don't know why they employ people …
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Help confused
I filed a RAMP APPEAL (HLR) in April 2018. I was denied so I filed another appeal to the BVA in August 2018 . So I recently recieved a call that the BVA Remanded the sleep apnea to ARC but granted My PSTD/MST appeal. I also filed for TDIU for the PTSD. I was told that the Regional office did not address the TDIU which was filed with the PTSD. So I'm being told by ARC the Regional office was emailed and I informed to address the TDIU. Can anyone share their opinion on what to expect. I meet the 100 schedule but filed the TDIU just in case. Can Regional office award or does it go back to ARC? Unique11128
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Claim Reopen Statement question
I am in the process of reopening a claim that was filed in 2009 and had some questions about how the statement should be worded. I filed a claim for a bilateral foot disability and was denied because they stated my there was no mention of the claimed disability in my medical records. I now have definitive proof that they in my SMR's and am requesting a reopen citing 38 CRF 3.156 (c) (1) that one should be a no brainer but you never can tell with the VA. I also filed for my ankle issues and back issues as well. I requested a reopen for those as well. I feel the ankle issues should be secondary to my foot issues but since I did not make that it a secondary d…
0 votes3 answers