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

2,726 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
   21 answers
2. 
   
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. Finally got my no we ain't paying you nothing Remand Decision

   Ok, I finally got my decision for my remand and my claim is going back to BVA. Since I am in the legacy program and at the end of my stretch, should I continue in this program or switch to the AMA program? I will also be adding a CUE for the BOARD to review and consider. I have all the evidence under 38 CFR 3.156, but I am not sure which would be faster (if) faster is even possible. I am thinking with the legacy it could be eight months or less and with the AMA it will be closer to a year or so.

   Asked by pacmanx1, 10 hours ago

   • ama
   • legacy
   0 votes
   2 answers
7. BVA Appeal

   I have been denied for sleep apnea, I Have statements form x-spouse and spouse and Buddy's I served with that they witnessed my issues, I was on recruiting duty and had no MTF within 70 miles to get treated, as we all know how stubborn us veterans can be going to the doctor, however I did go to my private physician and complained of not sleeping well and it was documented that i was waking up frequently and gasping for air, he recommended me having a sleep study conducted which I did not until 3 years later and i was diagnosed with severe obstructive sleep apnea and was issued a cpap, I use it faithfully and have for years, I went to the VA in 2019 to have a sleep test do…

   Asked by ADAMS, September 8

   • sleep apnea
   0 votes
   6 answers
8. Letter from Former Employer?

   Good day to all. A little background before I get to my questions... I am a 70% disabled veteran and was recently let go from my job as a service technician. Admittedly, the job was hard on me because of my main disability (back condition). The owner of the company gave me a letter that stated I was "laid off" on a permanent basis. Essentially, I was fired. I was "laid off" the day after I came back from a week off for recuperating after aggravating my back condition on the job. I did have a doctor's note and the owner was already aware that I was a disabled vet. During my meeting with the owner I told him that I knew he was letting me go because of my disability is…

   Asked by harry59, October 10

   • letter
   • exam
   • employment
   • back
   • nexus
   • legion
   • dav
   • attorney
   0 votes
   12 answers
9. Effective date on recent appeal

   Hi all, I recently won a RAMP appeal that originally started Jan 2016 when I put in a claim for PTSD. I received my decision letter today, and the effective date is March 5, 2019. Just wondering if anyone has any advice on where to go from here, as I feel the VA (as usual) screwed this one up. In my decision letter it states the reasoning for the effective date as follows-"You were diagnosed with just alcohol use disorder on Aug 24, 2016 VA initial PTSD exam. Alcohol use disorder by itself is not a disability for VA purposes. You now have a diagnosis of PTSD, therefore alcohol use disorder was included with it. We have assigned an effective date of Ma…

   Asked by firedog974, March 18, 2019

   0 votes
   19 answers
10. TDIU and claims on appeal

    Hello, if i am awarded tdiu 100% what happens when other claims that i have on appeal that were never rated get granted , will i recieve retroactive pay for those claims ? Thank you for your help.

    Asked by clack1962, September 27

    • 100% p&t
    0 votes
    16 answers
11. Can you do a Higher Level Review and CUE for GERD at same time-but different percents?

    Hello!! I wish I would have found this site before, because WHAT.A.NIGHTMARE the VA disability process is. Bear with me as I try to explain my thinking: Okay, so I have had GERD listed as a condition at 0% rating, but, after fighting for an increase, it was given on 1-28-2019 (and as such, I cannot see when the 0% was given). However, even in the notes from endoscopy AND the dr noted epigastric distress, dysphagia, constant pyrosis (heartburn), shoulder pain-ALL things that should get a better increase to 30%. I submitted a claim for increase May 8th, 2019. It was quickly denied, stating not proper forms. Resubmitted with proper forms but still denied July 2019…

    Asked by flynsolo2, October 6

    • gerd
    • cue
    • higher level review
    • rate increase
    • denied claims
    0 votes
    5 answers
12. How to read C-PAP #'s

    Anyone know just how to read c-pap numbers I had to increase my air flow on my c-pap But here is what the VA set them to in the beginning. (Jan 2016) C-pap pressure 9.0 CM EPR FULL TIME Apnea Index 0.9 Hypopnea Index 0.0 AHI 0.9 OBSTRUCTIVE :O.8 Central Unknown 0.0 this was set about 5 years ago..I had to re-set these # since then because I kept waking up at night..and I seem to think that the c-pap was not giving out enough air flow for me to sleep , so I adjusted the C-pap as to where the air flow was more stronger and that seem to help with my sleeping. so these #'s have changed (Right) The VA SLEEP CLINIC is still is using thes…

    Asked by Buck52, October 7

    • read c-pap numbers
    0 votes
    2 answers
13. Cervical claim denied, what to do next

    Good morning received letter from VA I was denied my claim for cervical fusion. First I am at 20 percent Lumbar degenerative disc disease, and 10 percent for each leg Radiculopathy. I was a crew chief on CH46 helicopter with about 2000 hrs of flying and at least 500 hrs on Nvg's I has denied no service connection, even when I supplied case studies from the Army and Navy on neck pain and shoulder pain from wearing NVGs for period of time. Second I prouder two letters from two different doctors that my current problem is due to military life. C@P exam lasted only 15 mins and that person said I could not fine any complains in military medical records, of course not If I wen…

    Asked by Ken Dillon, October 6

    • c&p
    0 votes
    1 answer
14. How to appeal denial > 1 year? ER visit not in SMR C-File so denied. I just found my ER Visit paperwork

    I filed in May 2018 for both my knees. In my C-File I had 2 visits for left knee strain so my left knee was service connected. They denied my right knee in 9/2018. I requested my C-File and the ER visit was not in there. I requested my Med Recs for the time frame (a 2month period in 1992) and they came back saying nothing found. Today while going through a box in my garage (11/3/19) I found the ER coversheet from my visit. The chief complaint was pain in both knees. How do I appeal this? If approved, what do I do to keep the original file date since my appeal deadline was 9/2019? Thanks in advance!

    Asked by WBrennan, November 3, 2019

    0 votes
    40 answers
15. "A judge is reviewing your appeal" "Decision soon"

    Update: Closed August 15th Wondering if anyone else has seen this before and if the timeline was about right?

    Asked by PostMan1988, August 7, 2019

    • higher-level appeal
    • appeal closed
    0 votes
    21 answers
16. Can I File for SMC M instead of SMC L

    Thank you everyone for sharing your knowledge of va disability claims process. Postings on this website have answered most of my questions on how to submit claims and also on how file appeals. However, I could not find an answer to the following question. Background: I filed a claim for SMC L based on aid and attendance due service-connected cardiomyopathy with coronary artery disease, s/p myocardial infarction. My Regional VA denied my claim, so I was forced to appeal the denial to BVA. The BVA remanded my SMC L claim back to my Regional VA with instruction to give me another C&P exam. My Regional VA was also instructed to decide my case anew and to sup…

    Asked by Oli Mac, September 29

    • smc l; smc m
    0 votes
    2 answers
17. Finally Won...NOW WHAT?

    Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process! My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status. Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!

    Asked by Ztmiller8, July 28

    • ptsd
    • appeal
    • 100%
    • expedite
    0 votes
    13 answers
18. Is eBenefits supposed to update after HLR?

    Hi everyone, My Higher Level Review was completed last week. When my initial claim was completed ebenefits updated my "disabilities" section long before I got my decision letter. Does anyone know if the same is true for the HLR? Basically if the decision was reversed should it be already showing in eBenefits? Because it doesn't even show anything about my appeal anywhere on ebenefits. Thanks

    Asked by ed33, August 20, 2019

    0 votes
    26 answers
19. ramifications of switching lawyers in middle of appeals?

    my appeals claim has been sent up to BVA this year. it had gotten lost for like a year at DRO or filed wrong, something like that they said. even with the RAMP we're now over two+ years for this appeal. so much for fast track. lawyer had to write a scathing note to DRO for their non-sensical judgement. DRO wouldn't even acknowledge civilian imo's. so he got it sent up to BVA. i may have asked this before, can't recall. but is it standard for lawyers to get veteran to sign papers so lawyer gets paid by VA for his time whether he wins my case or not? also, what are the ramifications if a veteran wants to fire current lawyer and switch to a new one if the satisf…

    Asked by Ufrustrated2, August 30

    • switcing lawyers
    0 votes
    23 answers
20. PTSD DECISION INCREASE DENIED

    I put in for a increase and was denied. I am 70% for PTSD, I am not working due to my service connected disabled and COVID19. the decision was made on COVID 19 along. I could still be at work today as a full timer.but I am a part timer because I can't handle the stress. So with COVID19 here came all the new rules to much for me. So I was out of there. My question is what should I do now. an what will be needed. I have been 70% for 5 years and I am 53 years of age. I hope this enough info for some help.

    Asked by buckskin, September 3

    • 80%
    0 votes
    1 answer
21. Appeal disappeared on Vets.gov

    Good Afternoon, I had a combined appeal pending; for migraines and fibromyalgia since 2013. I was contacted by a VRO in January 2020 who stated that I had been scheduled to see a judge in March 2020 for fibromyalgia and that Migraines were not listed and I would only be seen for Fibromyalgia. Migraines were listed and stayed listed on Vets.gov. June 2020 I checked Vets.gov and it stated that the judge was reviewing and both issues were still listed. The next day I checked Vets.gov and Fibromyalgia was granted, but migraines had disappeared. I received a letter granting Fibromyalgia this month, but know mention of Migraines. I do not know what to do next, because…

    Asked by MeddacNurse, August 28

    • vro
    0 votes
    4 answers