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

3,115 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

   1 vote
   25 answers
2. How Do I Appeal

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

   Asked by carlie, April 17, 2011

   0 votes
   4 answers
3. 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
4. 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
5. First time hearing of this, anyone else?

   I filed a BVA advancement on the docket today. Provided evidence why I should qualify and explained my appeal. In 2021, with my civilian doctors (otolaryngologist) paperwork i submitted, I was granted an increase (already service connected) to 100%. Months later, the va still scheduled a c&p exam for me, even with sufficient evidence and of higher probative value. That c&p exam like a PA (physician assistant) and a general MD to not mark the same boxes as my doctor which resulted in my decrease. After faxing an advancement on docket today, after logging in Ebenefits I noticed they had filed a CUE same day and was already assigned to a reviewer. It wasn’t what I …

   Asked by FlyboyLeRoy, Wednesday at 11:27 PM

   0 votes
   2 answers
6. Had a Hearing

   Hello, back in November I had an appeal hearing, then on May 6 I was notified regarding “Status: The Board made a decision on your appeal” and that an increase in rating was granted regarding one condition and few others were now service connected. It is my understanding that now VARO works on establishing ratings and dates for said conditions…my question is whether there is an approximate timeframe that I could expect? Is it 4-5 mos? Thanks!

   Asked by AngryA, May 30

   0 votes
   9 answers
7. 100% but my appeal from 2019 now has a date. Advice Needed

   Currently rated 100%. The issues on appeal are lower back and PTSD. PTSD was initially 30% and then when I had my TBI CP it rose to 70%, with an additional 50% for migraines. I am scheduled for a Virtual hearing at a local office (2 hours away) in a few months. I really don't want to mess with the PTSD rating as I feel its a fair rating. Should I send the form to cancel that in the appeal, it can only hurt me to continue with that right? For some background I submitted the appeal in 2019 and I am represented by a lawyer. Do I have ANYTHING to gain by keeping this appeal? As always, thank you all for your help. Rock of the Marne.

   Asked by CavScout19DRecon, July 19

   0 votes
   12 answers
8. Attorney fees question

   I won my appeal and got a large back pay. Now I have an attorney fee claim. I got the lawyer in 2017 and got rid of him in 2019 I think. Will they just pay him attorney fees for when he had power of attorney or from 2017-2021? Also I have 7 days to upload files the VA wants but I have no idea what it is they want. I'll try to include pictures. Thanks for any help.

   Asked by Remisdad, July 23

   0 votes
   1 answer
9. BVA granted my appeal now...

   It goes back to the VARO. They opened my claim a week ago. It should be a significant retroactive pay. How long should it take the VARO to implement the granted appeal?

   Asked by Remisdad, July 13

   0 votes
   16 answers
10. ama appeal Has anyone experienced this at the Board of Appeals level??

    Has anyone experienced where the status of their appeal says being reviewed by a Judge but then under the issues tab it reads closed and granted. I was also looking where I could attach a picture of what I am asking but don’t see it yet. But if anyone has had this experience what was the outcome and how long did it take to update after this. My appeal updated on the 14th as being closed and granted and nothing since then. I call and try to get answers but I keep being told it’s under review. I’m confused as how it is still being reviewed by a judge but says closed and granted… also if someone can tell me how to post the pic of what I am referring to I will greatly ap…

    Asked by Infantry 1Sgt, April 27

    0 votes
    11 answers
11. BVA AOD but received email

    BVA direct review appeal 1-11-22. Filed for AOD a few weeks ago and was told 5/25/23 it was assigned to a judge and AOD was approved. Received this today, generic email or truth to it? unavle to call todya since sunday. has anyone seen this before or heard of?

    Asked by FlyboyLeRoy, July 3

    0 votes
    4 answers
12. Motion For Advancement on The Docket.

    Update Well, I broke down and got tired of the miss information from the VA. Over the past several years, I have called and submitted IRIS inquiries to try to get more information about the completion of my BVA grant/remand. I was told on multiple occasions that I just had to wait my turn. So, I decided to write a signed letter to the BVA to see what they would say. It appears that the Board agrees that my appeal warrants an Advancement on The Docket. Now the wait to see if the Board will agree that my arguments for my EEDs will go through. “After a review of your file, the Board finds that your motion for an earlier docket number meets the criteria set …

    Asked by pacmanx1, March 18, 2022

    • bva letter
    0 votes
    11 answers
13. BVA Advancement on Docket

    I have an appeal which was submitted 1-11-2022. I submitted a hardship and found out it was approved and assigned to a judge on 5/25/2023. Does anyone have an estimate range form this point on? I know "average" is 1 year and i'm far past that. Being it's now being seen by a judge, i wonder what the rest of the timeline may look like. Thank you.

    Asked by FlyboyLeRoy, June 21

    0 votes
    1 answer
14. Here is a new one...

    I filed for a DRO review of a claim denial for GERD. I also sent in a letter outlining my notice of disagreement along with the form. I have always done this, as I am a strong believer that you cannot give them too much information, and that you should always spell out exactly what you disagree with and why, citing as much evidence as you possibly can. Also, I sent this in via USPS, regisitered mail, return receipt requested. I'm old school and I stick to what has always worked for me. Today, it appeared in my appeals on the VA website. Out of habit, I checked my Claims Letters, and there was one dated June 15, 2023 so I checked it. It was the letter outlining my disagree…

    Asked by rentalguy1, June 16

    0 votes
    1 answer
15. The BVA is our friend

    Within past 3 to 4 years the BVA has granted/approved 2 of my appeals and given remand to another that then resulted in a grant of benefits. On at least 3 or more occasions the same northern Nevada biased against me VA C&P examiner has issued negative opinions against me and the BVA has ruled against him or ordered a new C&P exam by private examiner. BVA has stated his opinions were defective and deficient and without merit or substance to justify the negative opinion. HLR and Supplemental claims were also denied by VARO and a waste of my time. The appeals were for (1) OSA Sleep Apnea secondary to PTSD and (2) increase in my IHD/CAD heart disease from 30 to 60%. …

    Asked by Dustoff1970, June 3

    0 votes
    4 answers
16. BVA Hearing.

    Has any of the Vets with the Hadit family had a BVA hearing that are still in the Legacy system within the last 4 months? If so, can you share your experience?

    Asked by Whodat, July 8, 2022

    • helping vets
    0 votes
    22 answers
17. More va games.

    Boy the va is really try to do my smc benfits claim all type of way. Ok on one page you tell me my case is been return to board. 30 day. I send a waiver of time. Ok then I look more and there is a page saying I can opt out of legacy to the new appeal system. If I disagree. Now this is were they get veterans if you opt in you get a new docket number remove it from the cavc remand docket. Smh this must be there new practice because why would I opt in and my case is to be return to the judge. Guys watch out. This crazy

    Asked by Mr cue, November 19, 2021

    • cavc remand
    0 votes
    2 answers
18. Any law firms represent less than 100%?

    I am currently rated at 30% combined. I submit a new claim for disabilities not on my original claim. I got denied. I've reached put to several firms for help, and all of them have said they either only represent low income/unemployed vets or vets seeking 100% or Total Disability. Anyone know of firms that help for less than 100%? I'm pretty mad about my denial, as QTC was contracted for my appointments. I had 3 C&P appointments in 2021, during September. There was no mention of any additional appointments. Then out of nowhere I was emailed on Feb 7th about an appointment on the 9th (which went to junk mail). I received a paper packet in the mail …

    Asked by USMCNASA, March 15, 2022

    • law
    • firm
    • qtc
    • 100%
    • c&p
    0 votes
    33 answers
19. Acknowledgement Timeline

    so i never heard or seen any reg on the topic and i tried searching Hadit- is there any regulation that the VA has to respond to NOD, appeal or any claim for that matter acknowledging they received it etc? we have a timeline on when we have to get the claim in, but is there nothing to force the VA to certify or acknowledge the claim, NOD, or appeal? any help is always appreciated.

    Asked by blahsaysme2u, April 13

    0 votes
    8 answers
20. regardind filing a cue

    I had to file the CUE of mine, on my own. I filed online directly the Wisconsin VA claims office. I search the filing claims, and there is no CUE claim form. I filed it as any claim would be filed and wrote it as a CUE. Since the only feedback I got was the usual denial, to which I have rebutted each denial with solid evidence that they were wrong and I am right, with the copies of al VA correspondence evidence. I never got any feedback from them with any help at all. I wish I could have had professional, help. I did get some great help her eon Hadit, using a template. But, putting on a regular claim form is difficult, as the claim form, I believe is not right for a CUE. …

    Asked by retiredat44, April 13

    0 votes
    8 answers
21. How long does a higher level review/CUE take?

    Updated as of 2020-08-27 (at the bottom of my original post) How long does a higher level review/CUE take? I initially called the 1-800 number and they said supplemental reviews are supposed to take less than 125 days, but they were not certain about higher level reviews. The agent speculated they could take a year or longer. This post was changed to track my claim as it made it's way through the VA system. This may help other veterans understand some of the inner workings of what goes on behind the scenes. Why am I calling this HLR/CUE and not just CUE or HLR? At the time the claims were submitted, other members have indicated filing their CUE claims as …

    Asked by Vync, September 16, 2019

    • hlr
    • cue
    0 votes
    114 answers
22. BVA appeal question (AMA, not legacy)

    Will have a chance to interactively ask questions related to the facts of my appeal like I did previously before the BVA some 20+ years ago before the AMA changes were made? During the hearing, the BVA person would not answer any questions about the merits of my appeal. They simply swore me in, asked some related questions, let me make a verbal statement, and said a different BVA person would get the hearing transcript and make a decision soon.

    Asked by Vync, March 20

    0 votes
    2 answers
23. Denied hypertension thru PACT Act. Denial doesn't include correct information.

    I was denied for hypertension through the PACT Act. In the decision letter it stated I had no service connection. However I flew on C-123"s Rickenbacker ANGB, Oh, from 1983 to 1986. I submitted my flight orders that had my name, ssn, base, unit and AFSC listed as evidence. In the VA web site it does state that Agent Orange is listed for that duty station. So, what's my next move.

    Asked by aeromed, March 14

    0 votes
    3 answers
24. 3.156 (c) earlier effective date for secondary

    Hello all, 1. If BVA awards a claim effective date back to the original date of claim based on 3.156 (c) (newly associated service treatment records), would the original claim be considered a pending claim until the BVA´s new decision, since it did go all the way back to the original claim? 2. If a secondary condition was initially awarded the same effective date as the primary condition (before the appeal award for an earlier effective date based on 3.156 (c)), will the recent BVA EED award also allow for an earlier effective date for the secondary condition? Summary: 1. initial claim for shoulder condition denied, I did not appeal and it became final. 2.…

    Asked by add55p, June 4, 2021

    • secondary eed
    • 3.156 (c)
    0 votes
    4 answers
25. 0% Allergic Rhinitis....need Explanation

    6522 Allergic or vasomotor rhinitis: With polyps 30% Without polyps, but with greater than 50-percent obstruction of nasal passage on both sides or complete obstruction on one side 10% My wife was granted 0% (A noncompensable evaluation is assigned unless there is a greater than 50% obstruction of nasal passage on both sides or complete obstruction on one side) Can someone explain the 50% obstruction? Does that mean in order to get the 10% she has to have permanent blockage or 50% blockage? Because I know when she does have her allergies her nasal passage is stuffed. Thanks.

    Asked by afoprtr, August 16, 2010

    0 votes
    5 answers