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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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5103 notice acknowledgement
If you use this 5103, which I did, does it shorten your claim decision time. I filed my claim on March 1 & my c&p exam was on March 16. From what I've read a claim takes on average 125 days & a FDC averages around 90 days. I didn't know if the 5103 acted kind of like a FDC since your not turning in anymore evidence.
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BVA direct review hearing timeline
BVA direct review w/ va judge. i was told the hearing happened on 5/31/22 and that the results shall be sent to BVA. Typically, how long after this occurs can i expect to see a decision? My claim was submitted 1/1/22 and have expedited processing.
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SMC K
If a veteran is granted loss of use of a hand how do they get SMC K. Will the VA automatically grant it. Also will it show up in VA.gov in the disability ratings?
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C&P exam
I actually found my C&P exam on va.gov. First time I've ever seen one in my medical records. This one was done at a VAMC. I don't think the contracted ones show up in there. It took 30 days to show up in there but at least I didn't have to file a FOIA to get it.
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Joint remand may head back to CAVC
Well, if I can find an attorney, it looks like my joint remand may head back to the CAVC. Reason being, I won my correct effective date, but the BVA and the RO still failed to review my entire records, as it was ordered. I strongly feel that my initial rating should be a lot higher and since the BVA granted me an unadjudicated EED, I feel that my increased rating should cover the entire time. Does anyone have any experience in having their remand returned to the CAVC for a corrected percentage?
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BVA decision question
I recently had BVA hearing a couple of months ago. After the hearing, I was allowed to upload DBQ and a Nexus letter. According to the DBQ, my range of motion is in the 20 percent range. Does it go back to the RO or can the judge grant the 20 percent?
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DAV CCK Law Firm Letter -- Legit? Anyone personally have experience with these guys?
So I got a decision from the BVA that seems favorable, totally slam dunking the VARO in Atlanta and the various mercenary opinions they acquired. A few of the items on appeal were remanded for the usual reasons. I don't feel it's necessary to go into all the details. However, then I got a letter from the DAV, which has done absolutely nothing that I'm aware of to help my claims/appeals up to this point. After some boiler plate about CAVC and deadlines, it goes on to say this: So, is this legit? Why after so many lawyers refusing to help me all these years because there is nothing in it for them would these guys be interested in helping me now? I made it this far w…
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Appeal and HLR question
Hey all, I was reading up on the HLR on ebenefits and it looks like you can't use a HLR after an appeal but can you appeal after a HLR? I just got denied so I was thinking about a HLR and state my reasoning and see where that gets me. If that doesn't work can I still appeal? I've never taken this second step. Thanks
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Just need to vent again
Well i have been at peace. The lawyer call me a talk to me about every move on my case. We talk about law and he address by issues to the court. Can't ask for more. I don't like that the VA lawyers which are about 5 on 3 cases refuse to address them or do a joint remand. So I feel this is going always to the judge again. They refuse to address merging the case together. To me hoping we mess up. Smh. Well I am at the waiting stage again. Telephone conference April 22. VA brief due April 26 An one case is just getting to were they have to give the lawyer the record. So next month I should get some type answer.
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Granted: THIS SHOULD BE INTERESTING
The Board of Veterans’ Appeals sent you a decision on your appeal. Here’s an overview: Granted The judge granted the following issues: Increased rating, 100% rating for individual unemployability If this decision changes your disability rating or your eligibility for VA benefits, you should see this change made in 1 to 2 months. Now the long wait and hopefully I can move to that forever home. 🏡
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There are two ways to smc s
Ok I am going to post about this again because there seem to be a lot of misinformation been pass to veterans. Ok first to get Housebound by fact you tdiu must be based on one condition. Tdiu is granted under 60% one condition Tdiu granted under more than one condition must add up to 70%. Now if you look at your tdiu award is it 70% or 60% There are two ways to achieve SMC S. One is via the percentages you've mentioned. The other is to be 'house bound in fact'. This method may apply to you. See below:If entitlement is based on the Veteran being housebound in fact, the law requires the housebound state to be permanent.Consider a Veteran permane…
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Can a DROC overturn a BVA decision?
The Board decided my tinnitis claim is rated at 10%, effective date April, 2016. The Board decided my Meniere's Disease is rated at 30%, effective date July, 2018. Based on what I understand, after these favorable Board decisions, along comes a DROC under Section 1., "Reasons For Decision", and invalidates the Board's 10% tinnitus rating stating it is "stopped", and that my separate tinnitis rating is now combined with my Meniere's Disease 30% rating, effective July, 2018. I'm attaching files for peer review and opinions.
0 votes14 answers