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

2,880 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. Bva remand for loss of use under smc

   Now here is another example of the bva try to delay and develop evidence to denied. After a cavc remand. Ok I have a claim for smc r higher level in home care. Now I denied get a bva decision on that and see how it say higher level smc. So now I will not get a decision for smc r until my case is send back to the board. This is crazy. Now smc and increase rating are two different thing. Smc is Based on the record and effective by the record. Well my only hope to get pass all these delays is my petition. My petition was expidate by court due to my need of in home care. And the cavc case that remand it the bva. Do u see how the judge stated…

   Asked by Mr cue, 21 hours ago

   • cavc remand
   0 votes
   1 answer
7. Petition for extraordinary

   Ok I got the court to have the va give a response to the petition. ? Mariano v. Principi, 17 Vet.App. 305, 312 (2003) (Court noted that it would not be permissible for VA to undertake further development if purpose was to obtain evidence against appellant’s case) Might also look at: Adams v. Principi, 256 F.3d 1318 (Fed. Cir. 2001), (in which the court stated that it would be improper for the Veterans Court to remand a case to the Board to give the DVA another opportunity to develop evidence needed to satisfy an evidentiary burden it had failed to satisfy the first time, i.e., to “attempt to introduce new evidence sufficient to make up the shortfall” in the…

   Asked by Mr cue, July 14

   • cavc remand
   0 votes
   9 answers
8. Hearing Loss

   Hello can anyone here read an audio test and possibly tell me where, or if, the Veteran's test should've' resulted in some type of hearing increase? Veteran is currently SC for Tinnitus (10%) and Bilateral Hearing Loss (0%). I had him do the VA approved test, and sent it in as a supplemental Claim. Claim was denied (still waiting on letter) and just wondered based on the test results if anyone could read them and give me a clue. I tried reading them but I simply couldn't understand it. Strangely, the VA did not have him come in and do a test through them, which I thought they would they just took these results and denied. Which leads me to believe the results do no…

   Asked by pawmbi, Wednesday at 04:52 PM

   • hearing loss tinnitus
   0 votes
   4 answers
9. GERD (AKA REFLUX) DIAGNOSIS

   Greetings, Looking for guidance on whether I should file a Secondary Claim for GERD due to its possible connection to my SC Sleep Apnea. The information below is taken from VA Medical Record PCM notes.VA Medical Patient consumed the effervescent granules for esophageal distention. Patient subsequently consumed thick barium material. There is no focal stricture, discrete ulceration, or mass effect on the esophagus. Normal transit of contrast through the lower esophageal sphincter. There was however low-grade reflux in the lower third of the esophagus. Small hiatal hernia. Any guidance is most greatly appreciated! JR

   Asked by John Royal, September 14, 2017

   0 votes
   9 answers
10. If a C&P exam is a medical exam

    Shouldn't it be in medical records that I can access on va.gov? My request for a copy of my C&P exam has been in evidence gathering for 6 weeks. What the hell is there to gather?

    Asked by Remisdad, July 24

    • c&p
    0 votes
    8 answers
11. What does "Compensation Issue" term mean??

    Hi everyone, So my appeal was closed on July 15. I haven't received my letter yet but under the issues tab on va.gov, where it used to say the items i was appealing, it now says "compensation issue." Is that normally what it says just when they close the review? Has anyone seen any other terminology in that section? Thanks for your input.

    Asked by ed33, August 23, 2019

    0 votes
    18 answers
12. Appeal Status

    For those who are waiting on appeals, just check this morning, been feeling a little out of it lately and not had a chance to check it but according to VA.gov, the board is now working on January 2018 appeals. That does not mean something will come up to put someone else in front of your claim, but they are moving.

    Asked by pacmanx1, July 4

    • just passing on
    0 votes
    13 answers
13. Is there a law on how many comp exam can be ordered

    Well I got another remand for loss of use smc exam. I have had two deferment I have had 5 comp exam I even had a specialize comp exam done for loss of use Now I am remand again to be send for another exam again. How many exam can the va give for the same issue are there any laws against this

    Asked by Mr cue, July 21

    • cavc remand
    0 votes
    11 answers
14. Claim won but only partial back payment, should I forget it?

    In an odd situation and don't know what avenue if any I should or can pursue. I originally filed in 1998 for PTSD and fought 4 years for against the VA. In 2002 I was awarded 100% (but not total and permanent and was in psychiatric ward twice that year). In 2004 the VA Claimed CUE (clear and unmistakable error) and severed my service connection in 2005. For the first 2 years a vet org helped me appeal and then just started ignoring my request for help. I was given the impression that my case wasn't winnable an they would no longer pursue it. I then spent a few years trying to defend myself but in 2010 I filed some paperwork late but continued on with the appeal process. A…

    Asked by rogus, May 21

    • ptsd
    • back pay
    0 votes
    48 answers
15. This is the decision or whatever it is for my effective dates that were remand by cavc

    Ok here it is I receive a rating decision which is the same decision I appeal to Cavc. Nothing different that ok. So guess the letter you are look at is the notification letter from July 9. Now I ain't crazy if I disagree with the ro decision from a bva remand it is return back to board. But I get a letter with no date on it not a official letter head from va. And it tell me I have to nod to start a new appeal to bva i point this out to other veterans because this is how they created years of delay and take away your cavc expidate treatment Rights This letter can't be a legal va document. Last thing the decision is from may 26. I just g…

    Asked by Mr cue, July 17

    • cavc remand
    0 votes
    6 answers
16. Nexus Letters Question

    Happy Friday Eve Question about nexus letter. I had 2 doctors provide nexus letters to support my claim. I made sure to read the help guides and have a better understanding of what is required as in the verbiage and what nots. I read some articles and wanted to include to support my claim. My VSO said if it comes back as denied he can supply case file to support my claim. You can review past cases etc. Can I also add medical references from Pubmed or medical journals on your own to support the claim? I have 2 nexus letters and I included a reference page with medical journal information. The doctor didn’t quote medical journal but mentioned my specific issues. Will p…

    Asked by Johhny_Drama, July 16

    • nexus letter
    • appeals
    0 votes
    10 answers