Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC

2,774 questions in this forum

1. After 50 years I received a 100% disability rating. At 73 years of age I was awarded it about a month ago.

   After 50 years I received a 100% disability rating. At 73 years of age I was awarded it about a month ago. Prior to then I received a letter from the Treasury Department stating they didn't have my banking info available if I was awarded a pension. Turns out they did. I had to call the number given to verify it. The gentleman I talked to told me how it can take 6 to 8 years for an appeal. WOW! That was depressing. He said the Washington office alone had 4 or 5 staffers and handled 30,000 claims. I wrote to Senator John McCain telling him what I had learned. With no reply necessary. I turned on CSPAN 2 weeks later to see what was going on with our committee hearings and I …

   Asked by shipdog7, May 26, 2017

   0 votes
   23 answers
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3. How Do I Appeal

   http://www.bva.va.gov/docs/Pamphlets/010202A.pdf

   Asked by carlie, April 17, 2011

   0 votes
   4 answers
4. Vba Nod Form 21-0958

   Go to the following link and click the download button. http://formupack.com/pdf-forms/federal/va-veteransaffairs/FederalVA_VBA-21-0958-ARE.html "THE USE OF THIS FORM IS NOT MANDATORY. HOWEVER, USING IT WILL HELP REDUCE DELAYS IN PROCESSING YOUR NOD. THIS FORM HAS SEVERAL KEY COMPONENTS, WHICH WHEN FILLED OUT COMPLETELY AND ACCURATELY, WILL DECREASE THE AMOUNT OF TIME IT TAKES TO PROCESS YOUR NOD. Frequently asked questions: For what do I use this standard NOD? Use this form to indicate to your Regional Office (RO) that you disagree with a decision you received regarding your claim for disability compensation. Examples of these decisions may include entitlem…

   Asked by carlie, August 16, 2014

   0 votes
   12 answers
5. Waiver Of Regional Office Consideration

   This link has a PDF attachment for the Waiver of Regional Office Consideration that is used when you submit additional information / evidence to the BVA. If the BVA does not get this signed Waiver from the claimant, in most cases they will automatically by regs. have to remand the additional information / evidence back to your RO for their consideration.

   Asked by carlie, November 16, 2010

   0 votes
   2 answers
6. Proposed Reduction from 100% to 40%

   What is advisable to do following the receipt of this letter of proposed reduction in disability rates? After 3 1/2 years and just visiting an outside, C&P doctor, (QTC Medical), I received a letter from the VA to reduce my 100% temporary disability. 3 1/2 years ago I underwent a radical prostatectomy, (surgery removing all they could find of prostate cancer). A week after visiting this outside doctor that the VA ordered, came this reduction letter. When I read the conditions under which the VA can reduce a disability it reads as follows: 1. The VA must determine whether there has been an actual change in the disability since the last rating decision…

   Asked by VietNamVet1969, December 18, 2020

   • prostate
   • improvement
   • reduction
   • c&p exam
   0 votes
   30 answers
7. waiting for a hearing worth it?

   I'm sure this is a question that doesn't have a sure answer, but I am wondering what kind of wait times for a hearing people have heard of/experienced when appeal under Appeal Modernization. I am in line for an appeal hearing, but is it worth the wait when I could go into the evidence appeal line faster? The only thing I'll be pointing out to the judge is that an under qualified examiner changed a diagnosis made by a specialist and that the exam was significantly sub par (didn't even physically examine all the claimed issues). It seems like I could easily put that in writing and submit it for a judge to review without me. Any thoughts/suggestions?

   Asked by SPO, December 4, 2020

   • appeal
   0 votes
   10 answers
8. Back Injury SC Appeal going on 6 years

   This is so exhausting, Granted 10 % in 10/2014 for Back injury lumbar strain I have not worked regularly since 7/2013 I have filed appeal for through ATTORNEY for ( increase rating with secondary issues and documented records left right hip pain neck pain sciatica left side chronic low back pain with muscle spasm and depression , TDIU many more ... I been on SSD since 11/ 2014 Just had my VA court hearing in May 2020 via ZOOM. I have 1000s pages of med report, Professional Expert Doctor Reviews What else can I do? advice welcome My chances of 100%rate increase or TDIU

   Asked by Dqm71, January 9

   • back injury
   • tdiu
   • rating increase
   0 votes
   2 answers
9. Any reason I should NOT drop the (remanded) rest of my appeal?

   Here's my situation: My 2009 claim went to BVA in 2018, and I was awarded 100% P&T plus SMC-S, retroactive to 2009. There were two items remanded, migraines and sciatica. The sciatica was then awarded, but migraines were remanded again. I told my attorney's office that I didn't see any point in pursuing the migraines, and I thought they had dropped that to end the appeal. However, I just got notice of a C&P on 1/19/21 for the remanded migraines. My thought process is that I should write a letter to VA-Jaynesville to end the remand and the appeal. I don't see where there's any reason to pursue it, and it is just a waste of my time and the VA's. …

   Asked by acesup, January 6

   • tags?huh?
   0 votes
   2 answers
10. Cavc secretary brief

    This is the only way to copy it but I would think I won. I think there saying I can bring up the smc s howell v nicholson and they must address it this time. I could be wrong. It's still going to the judge we will see Partial vacatur and remand of the Board decision are warranted First, remand is warranted to the extent that the Board’s decision failed to address Appellant’s arguments about entitlement to higher levels of special monthly compensation (SMC). Robinson v. Peake, 21 Vet.App. 545, 552 (2008) (providing that the Board is required to address issues raised by either the claimant or the evidence of record), aff’d sub nom. Robin…

    Asked by Mr cue, January 5

    • cavc appeal
    0 votes
    0 answers
11. Can anyone tell me about sequelae fractures

    I had 2 malunion spiral fractures of the 3rd and 4the metacarpals in my left hand while I was in the army. These are service connected. The 3rd metacarpal in my left was never set correctly and I have a 1 cm distal fragment that juts down into the palm of my hand. Would this be considered a sequelae fracture and if it is would that be a help to me? I'm planning on tdiu at some point. Trying to get in to see a specialist to determine if I have arthritis in my left hand and if so I'm planning on filing for that plus loss of use of non dominant hand and SMC L & K first. Just trying to get my ducks in a row.

    Asked by Remisdad, December 26, 2020

    • sequelae
    0 votes
    4 answers
12. Call from the va lawyer yesterday

    Ok this is what I get from the conversation. They are ask the judge to remand and vacated some issue. Now they didn't address all issues. I put in my reply brief but now they got 7-12 days to get my record proceeding to the judge. Even told me I could be over by the began or middle of February. Lol we see When there brief comes in mail I will be able to post. Ok it seem to me if u didn't fight anything I said in my brief. And now the judge has to look at what we both said in our briefs It should be a good decision. I am hoping They ask for remand for smc s effective date. But not a word on my howell v nicholson issues. We will see what t…

    Asked by Mr cue, December 24, 2020

    • cavc appeal
    0 votes
    1 answer
13. CUE closed

    I filed a CUE in September and they combined it with another claim. On November 10th they issued a decision on the original claim but never addressed the CUE of 9/25/20. They just closed the CUE claim no decision or review of my evidence. I’ve called numerous times and said I had to wait 30 days. 30 days is here and gone. Then they said they would send an email which never happened. Today they were going to get me an answer and call me back. That never happened. I feel they may be in violation of 38 CFR 3.103 procedural due process. I’ve done an iris. But I’m sure that will produce nothing. Is there something I can file?

    Asked by Jangs1963, December 23, 2020

    • no decision
    0 votes
    1 answer
14. Will it hurt my appeal

    If I file for tdiu while I have an appeal at BVA. It's still a legacy. I don't want to screw up my appeal so I have been waiting on it. So my question I guess is should I file my tdiu or wait till my appeal is settled

    Asked by Remisdad, December 7, 2020

    • tdiu
    0 votes
    7 answers
15. Correct CVA decision on Incorrect BVA decision

    I know Hadit cannot address OTH Discharges But my case is different because the BVA decision states I based my claim on the wrong Army Regulation May 1956 instead of April 14, 1959. The Court found for the Boards decision, as this regulation was not before the Board at the time of the decision. I went over all AR'S but could not find this one, I finally found it in the Congressional Record of the 88th Congress 1962. A Department of Defense directive dated 1-14-1959 Which became effective 90 days later on (April 14, 1959)Which cancelled and Superseded all other service regulations on administrative discharges. Stating the definition of what was misconduct and what was Unf…

    Asked by Daniel F, December 22, 2020

    • bva
    0 votes
    9 answers
16. Well it turn out well I guess

    Well today was the day for the secretary brief on my case. I look at the secretary brief it is asking for a vacated and partial remand To address effective dated for smc and smc r and o and to rated my mental health it 70 and they told me I didn't appeal for the total rating. After doctor report and comp exam stated total. The effective date remand doesn't address howell v. Nicholson lol Guess there going to granted it to never be percented. Like they did howell it was a remand. We will see lol I am a little old I ain't been able to upload it yet. Only thing I am think about letting it go to the judge anyway they don't address m…

    Asked by Mr cue, December 21, 2020

    • cavc appeal
    0 votes
    0 answers