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Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Appealing your Veterans Compensation Disability Claims decision usually starts with the Notice of Disagreement (NOD)
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2,774 questions in this forum
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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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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…
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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?
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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
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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. …
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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…
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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.
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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…
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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?
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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
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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…
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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…
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Defense Bill Passage and Bladder Cancer
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,
I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently- 10 replies
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5,10, 20 Rule
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,
The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
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Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)- 41 replies
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Tbird, -
Post in New BVA Grants
broncovet posted an answer to a question,
While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel. -
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Finally Won...NOW WHAT?
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
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!- 13 replies
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Seekz, -
Post in Higher level review
Joey Ross posted an answer to a question,
I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,Picked By
Joey Ross, -
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