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Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
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3,126 questions in this forum
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Court of Veterans Appeal Hearing Videos
Oral Argument held at NOVA Conference, Washington DC Judges Allen, Laurer and Jaquith Counsel for the Appellant: Zachary Stolz & Jenna Zellmer Counsel for the VA Secretary: Nathan Kirschner & Dustin Elias Terms: AMA, 526 EZ, M21, Attorney Fees Key Points:
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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 …
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How Do I Appeal
http://www.bva.va.gov/docs/Pamphlets/010202A.pdf
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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…
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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.
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What type of appeal should I use? (SCL, HLR, BVA, CAVC)
I will begin explaining each which may answer many of your questions: 1. SUPPLEMENTAL CLAIM. Its important to note here, "how do I know if I have new evidence"? That will require a review of your file, along with your decision, and see if ALL the evidence necessary was listed on the decision in the "evidence section". Often this is a problem because VA will be vague:"The Veterans claim file from 1-14-02 to 7-13-23. This does not specifically say the favorable exam on 2-14-21 was included or not. Does the VA have that Feb 14, 2021 exam which stated your current condition is at least as likely as not due to an event in service? We dont know f…
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BVA decision made, unable to view it
Received an email & test that BVA appeal has a decision and its best sent via mail. Ebenefits shows nothing. Besides waiting the next 5 days, how can I view the decision? Thanks.
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BVA finally got my CAVC Remand
UPDATE: Let's see if the below will stand to be true. At least the BVA did keep my assigned AOD (ADVANCE ON THE DOCKET) number on my remand. How long until a judge is ready for your appeal? Your appeal was remanded by the U.S. Court of Appeals for Veterans Claims. Court Remand appeals are prioritized so that they’re always at the front of the line. Your appeal will be sent to a judge as soon as it’s ready for their review.
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DIC Appeal - Advanced age
Hi everyone, what a great forum. Quick question. I see the timelines for direct appeals can take a few years. My mom is in her mid 80s and filed a direct appeal a few months ago. From what I know, she was advanced on the docket due to her old age. Does that typically make much of a difference in the time it takes to make it to a judge? Dad passed away a long time ago and I am her only kid, so helping her as much as possible. But, a decision in her favor could help her with assisted living or other arrangements down the line. I know there are a ton of factors, but at her age, 1-2 years vs 5 years is a lot. Just wondering if anyone had a similar experience? Thanks so much!!
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Will effective date BVA appeal cause a reevaluation? 100% P&T currently
I have an appeal hearing coming up and have begun to worry that going through with it could cause my rating (100% P&T) to be reevaluated. My appeal is ONLY of the effective date of my original rating as my effective date was randomly chosen (no logical date) and I have evidence that it extended back ten years+. So, the upside is that I would likely get a sizeable back pay, BUT, the value of P&T for myself and my family cannot be understated. Healthcare for my young son and spouse, education benefits, etc. In terms of my paranoia/concern, I have improved over time. I’ve improved because I don’t have to leave the house unless I want to, I don’t have to work…
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BVA Timeline
BVA direct review w/o judge submitted 01-11-2022. "average wait time of 1 year" was just pulled 2 days ago, 3 plus years later. I was curios on your, or someone you may know, experience with the timeline from a judge reviewing to decision, no matter the outcome. Thanks.
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Director of Compensation Service
First time going through this process and unfamiliar with it. My appeal has one private IMO, one VA contractor's IMO and one BVA Judge decision that my condition precludes employment but not sure what are the steps of the Director of Compensation does or will do? Was informed that they may deny my appeal and send it back to the Board (BVA) and let them make the decision which would only cause more time in the waiting game. This is the final leg or part of my last legacy claim/appeal. Seems they can't figure out my SMC-S. Any insight on the Director of Compensation and Services?
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