After a Denial and the veteran Appeals NOD ...Did you request a DRO Hearing/Review/ or any other Review to help get a favorable decision? if not then that's probably why its going to the BVA.
Can you post your denial on here the reasons and bases part?
Yes they sure can reduce you based off the Original C&P, They should send you a SOC( statement of the case) or supplemental SOC ? did they?
if you don't have a Docket # yet you maybe in for years years wait.
You should go seek a private specialist for IMO to have as new & material evidence to rebut your Original C&P Examiner, be sure you find a Dr with the correct credentials (specialist in the field of medicine your claiming)
If you never recieved anything back from the VA After you were DENIED & you sent in your NOD Within a year then the VA has committed a CUE (Clear and Unmistakable Error.)
This is just my thinking seems to me they violated your( DUE PROCESS) under the Cushman Preposition.
seems your a constitutional right has been broken.
other elder members I hope will chime in here!
I'm kind of confused and concerned about this one...
I submitted my VA Disability claim for multiple items way back in 2011. I got a very bad CP exam doc who denied everything despite nearly 20 years of treatment by civilian docs for some of the issues. In 2012 I appealed with a notice of disagreement.
In the meantime a doctor at the VA was willing to help with the paperwork for the TBI and filled it out which sped up that portion - I ended up getting 10% for tinnitus, 40% for the TBI residuals (memory and concentration) and 30% for migraines/headaches.
What is still on the original appeal is my feet/ankles & knees from an injury as well as left hand from putting a screwdriver through it. It's been sitting in the 1st stage appeal limbo basket for nearly 5 years.
Fast forward to 2016 - suddenly I find out that my original disability claim has been sent to Washington DC to the Board of Veteran Appeals. Wow - what a shocker as I was expecting at least another exam.
They said it will go before a judge. What concerns me is that it's my original claim, including the TBI issues. Will everything be reviewed and is it possible to lose what I have? I thought it should have been only for the items still in appeal.
Is this whole " straight to the board of Veteran Appeals" right from the initial C/P disagreement a normal thing? Thanks for any insight.