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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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Va reopened for bilateral flat feet but actually asking for compensation for hallux rigidus
Ok, so here goes...I put in a claim for hallux rigidus for both great toes, for which I had surgery at my Va hospital. But for some reason it came back denied for bilateral flat feet. I had to have a waiver when I joined due to flat feet. Then I appealed that claim because I wasn't asking for compensation for flat feet, I am asking for compensation because I was allowed to join with flat feet, which my service aggravated and caused my two great toes to be operated on. I could not bend either toe and they were extremely painful. The podiatrist actually wanted to replace both joints. I opted to have the arthritis and spurs cleaned up while trying to avoid joint replacemen…
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Earlier Effective Date
OK, here goes! 🤣😕😎🏋️♂️ Back in 2011 I became aware of VA Disability so I filed my first claim since being Honorably Discharged in 1998. On this claim I became service connected for: Tinnitus(10%) Lumbar Spine (10%) Bi-lateral hips (10%) for a total rating of 40%. I also received: left ankle strain (0%), surgical scars hips (0%) surgical scars wrists (0%) and bi-lateral wrists (0%) Upon this receipt I then filed an 2013 NOD instituting a DRO for bi-lateral wrists (0%) and Lumbar Spine (10%). The DRO then provides a C&P on August 2016. Upon completion the VA institutes the following ratings Lumbar Spine (20%) …
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Response from VSO of BVA Grant
Hello Hadit friends. It has been almost 11 months since our BVA grant on March 7, 2018. We have filed numerous inquiries and a couple of WH hotline calls. We also reach out to our VSO occassionally (about every 3 months). She always makes us feel like we are bothering her......Anyway........ Our last inquiry was in November. Below is her response..... Your current appeals status is listed as “Rating Decision Complete,” pending authorization. On March 30, 2018, the VA implemented the Board’s grant decision. Once the VA has authorized your claim, you will be notified by the VA by mail. It is a process. One that I cannot supersede. So, the judge granted the …
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6 issues Granted & 1 issue Remanded
Good morning/afternoon, I am currently 50% disabled (service connected) and I have been receiving my awarded disability at the 50% rate for the past few years. I filed an NOD within one year after leaving service and just finally had my BVA hearing this year. The BVA judge sent a letter with 6 issues granted for increase and one issue remanded for extra-schedular rating criteria. Basically the one issue that has worsened is rated by a METS test and my METS tests are always wrong and screwed up because I was an elite runner once upon a time so my heart rate doesn't stress enough for the test to work. My question is in regard to the increased ratings and retroactive…
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Waiting on Rating, BVA, hardship flagged
I've been a lurker on here for a little bit, I have been able to find most of my questions answered on here through a quick search, but I'm having trouble finding anything related to my current question. I had a partial grant last month from the BVA; two approvals, one increase, one denial, and two remands. I'm currently waiting on my RO in Muskogee, OK to promulgate my rating. They received my file on February 28th, 2017, and so far nothing has changed in ebenefits, and iris inquiries have left me with more questions than answers. I'm also in an expedited status due to extreme financial hardship. Is a case that's been flagged for hardship treated more expeditio…
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Submitting a NOD
Howdy All, I'm preparing to submit a NOD once I pull together the additional support items I need. My question is about how long are NODs taking now for the DRO review and either a concurrence or statement of the case to be accomplished?
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Got another vet's backpay...
So somehow the VA mixed my backpay up with another vet's backpay. I got his and he got mine.... IDK how long it'll take to get the rest of my backpay now.
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Denial of Clothing Allowance
Does anyone have a good NoD or a 'statement in support of claim' that wouldn't mind sharing regarding denial of clothing allowance. I received the clothing allowance last year, but was denied this year. Reason given on the letter was "No Device on Record." Per the flowchart to determine eligibility, if I can demonstrate how my knee brace for my service connected injury causes clothing damage, I can would be deemed eligible. Keep in mind that the new rules that came into effect in 2016 were a knee brace with hinges that is covered by cloth or tighten with Velcro are not "deemed as not being damage causing" braces. Seems odd to me because my pants and my shorts ha…
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NOD Form on VA.gov Website, is outdated
Good morning, I have followed this forum for many years and with the advice provided on here, you have helped me to advocate for my husband to receive a 80% rating at this time. We have 2 appeals going- 1 BVA that is from 2012 Claim and another at local RO from 2016. The purpose of this post is I wanted to make everyone aware that if you are filing an NOD and use the VA.gov website to obtain the form 21-0958, the form online is outdated and no longer accepted. https://explore.va.gov/file-disagreement We learned the hard way, by completing the form and submitting with our very detailed appeal. We then received a letter informing us the form was out…
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Claim was just closed...
My claim was just closed and out of the 4 items listed, they SC PTSD, deffered Stomach issues, denied Sleep Apnea and Tinnitus. I am not sure what the defer is for the stomach issues. It went from pending notification to updating my rating but now it says gathering of evidence so maybe they are still working the stomach issues? I plan on appealing the sleep apnea. I had a test done and had letters from roommates, ex wife etc and stated the time frames but no go as they listed not service connected. Should I go back to my sleep doctor and ask they list PTSD as a probable factor due to sleep habits? Meaning this would be secondary ? Should I hire a lawyer ?…
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Filing an NOD - Do I want a call?
Hello, I have 2 questions on filing an NOD. My father is receiving a 100% disability compensation but I feel they should have awarded him at the SMC A&A level. He lives in assisted living and requires assistance with multiple daily tasks. 1) When filing the NOD is it recommended to check the box that you want to receive a call from a from a rep at local office? Any downsides either way? 2) Should I present evidence regarding the assistance he requires at the time I submit the NOD or wait for VA to tell me what they want? Examples: Letter from the director of the facility stating he lives there and the assistance he requires Doctors state…
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VA disability appeal Attorney recommendation...
I was turned down by the VA for a PTSD claim. Can anyone please recommend an Attorney to help me appeal the decision? Thanks:-)
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