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

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3,074 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,

    0 votes
    25 answers

  2. How Do I Appeal

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

    Asked by carlie,

    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,

    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,

    0 votes
    2 answers

  5. What methods can the VA use to reduce a 100% rating in an HLR earlier effective date appeal?

    HLR for EED was returned for duty to assist error based on; 38 CFR §4.70 Inadequate examinations. The Higher level review return says that the c&p examiner did not specifically address the board remand directives even though the c&p examiner did specifically and explicitly address all of the noted board remand instruction directives. They are questioning all of the basis that the original C&P examiner gave that the VA used to grant the increased evaluation of 100%, even though it was clearly sufficient. They are questioning the diagnosis, the frequency, the symptom severity level, and the duration. What are their options to r…

    Asked by Jake206th,

    0 votes
    26 answers

  6. I really can't believe this crazy stuff.

    Man I am sitting here in fire. The bva has been playing games with my case for four years two cavc remand. First court remand to bva the make 3 different decision. I ask plead with bva VA to merger my legacy appeal back together. I get to cavc the cavc order all my appeal merger back with the legacy appeal docket. Well I get two different 90 day evidence letter today. The bva has now merger two issues with the legacy appeal docket. An send me a 90 day evidence letter with a 21 ama docket number. So basically they are going to try an process and make 2 different decision one in legacy and one in the ama system. In my case aga…

    Asked by Mr cue,

    0 votes
    28 answers

  7. The VA is really different these days

    Ok this is nuts. Ok my appeal start as a legacy which cavc remand back to bva. The bva broke the legacy appeal into 3 different appeal stream. For a whole year I try to get the VA to merge them back together. I had to appeal all 3 bva back to the cavc and ask the court to merge them because they didn't do it. Even after I did a writ to the court. Well here is the court order merging the appeals back with the legacy appeal. 5/27/2022. ORDERED that the appellant's motions to consolidate are granted. All documents filed under Docket Nos. 21-7874 and 21-8150 will be transferred to, and the appeals consolidated under, Docket No. 22-1068, which remains …

    Asked by Mr cue,

    0 votes
    5 answers

  8. If you are having problems with the VA ordering unnecessary

    Title: VBA Could Improve the Accuracy and Completeness of Medical Opinion Requests for Veterans’ Disability Benefits Claims Report Number: 22-00404-207 Download Report Issue Date: 9/7/2022 City/State: VA Office: Veterans Benefits Administration (VBA) Report Author: Office of Audits and Evaluations Report Type: Review Release Type: Unrestricted Summary: For veterans seeking disability compensation benefits, the Veterans Benefits Administration (VBA) requir…

    Asked by Mr cue,

    0 votes
    13 answers

  9. WAS VERY EXCITED FOR THE BVA WIN OF ALL SIX GRANTS. THEN SCREWED BY THE REGIONAL OFFICE!!!

    After being on appeal for seven years I thought that after the BVA grants it would be smooth sailing. First, my sleep apnea claim has been on appeal since April 2015, I was diagnosed with severe obstructive sleep apnea and prescribed a CPAP (and uses it on a daily basis). I provided a nexus from a neurologist and sleep doctor. I was granted sleep apnea at the BVA, but the Regional Office only granted me with 20%. After reviewing 38 cfr, a CPAP is a 50% rating. As a matter of fact, a 20 % rating wasn't even listed. It was 0,30,50 or 100%. Also, my retro pay is so far off i don't understand how this even happened. It is devastating to fight for 7 years, win and then get sha…

    Asked by pctinc2001,

    0 votes
    3 answers

  10. Got a ?

    My ? Is isn't there different rules on a effective date ama appeal and legacy appeal. Like I seem to remember something about how far back a ama appeal can go back. I could be wrong.

    Asked by Mr cue,

    0 votes
    2 answers

  11. Loss of use more VA games to watch for

    Well I just thought I would bring this up it may help other watch for this game. Loss of use under smc benfits. Well the game is the VA will keep ordering exams stating the examiner need to tell if you have remaining function. The VA manual even state to use considerable care when ordering exams. Well in my case I have had 6 comp exams the specialized loss of use exam. An they still wouldn't address my case smh . Just venting a little Ok here is the rule on smc . Responsibility for Determining LOU The responsibility for determining whether there is loss of use (LOU) of an extremity • rests with the rating activity, and …

    Asked by Mr cue,

    0 votes
    23 answers

  12. BVA Wait Time Changed Again

    Well, it looks like someone at the VA/BVA has been playing with crayons or markers. They have increased the Decision Review Time, but it is still outdated because a lot of us are still beyond this time frame. https://www.bva.va.gov/images/appeals/ama-appeal-adc-adp-small.jpg Decision wait times - Board of Veterans' Appeals (va.gov)

    Asked by pacmanx1,

    0 votes
    13 answers

  13. BVA Time Frame Changed Just a Little

    Even though it changed it only changed very little and it is still out of date. Most of us have pending appeals that already surpass the 365 to 381 completion dates. https://www.bva.va.gov/images/appeals/ama-appeal-adc-adp-small.jpg Decision wait times - Board of Veterans' Appeals (va.gov)

    Asked by pacmanx1,

    0 votes
    4 answers

  14. Should I Submit an SC Increase(PTSD) While Waiting for a BVA Decision?

    Good morning, I want to put submit an increase for two SC conditions, however, I have two other conditions pending adjudication via appeal in different stages. I'll outline below. My question if I submit the claim for an increase, is the VA likely to lump all my claims together (SC and Appeals)? Should I at least hold off submitting the request for an increase until after the OSA is adjudicated. The years are going by quickly and it seems the VA is taking longer and longer managing claims. I would prefer not to belabor the process if this was the case. Thank you everyone for your advice. HLR - Submitted September 2022 Disability compensation appeal - Status …

    Asked by GulfWarVet1990,

    0 votes
    6 answers

  15. BVA timeline

    After filing for an increase in Meniers from 30% to 100%, i was approved for 100%. When i obtained my decision, I was granted 100% from the time my doctors dbq/nexus was submitted to the day the PA (PHYSICIAN ASSISTANT) c&p saw me. So, for that short time, i was granted 100% and it was taken away from a lesser medical profession and not a specialist either. So, for obvious reasons, i filed a bva direct review and was approved for a hardship claim. This was submitted January 11 2022. my docket # is 220111-210676. After checking bva decisions, there are hundreds of claims submitted AFTER mine that have been completed. example. 220111-213432, filed on the same day, hundr…

    Asked by FlyboyLeRoy,

    0 votes
    10 answers

  16. OSA with CPAP secondary to PTSD?

    Okay, tried to update my original post but I think it's getting lost..... I had a sleep study done from the va in 2011 that showed OSA but a cpap was never ordered. I also have a claim for PTSD, which I rated at 70% for. When I try to claim the OSA now, even with the VA now ordering the cpap after another sleep study (through the va) has shown that the osa has only gotten worse (and recognized snoring as well), the VA denies my claim and files it under PTSD. My VSO says it's not worth trying to fight for osa secondary to PTSD and showing the osa has gotten worse, but, I thought once you are ordered a cpap, it was easier to get rated for sleep disturbances or i…

    Asked by flynsolo2,

    0 votes
    2 answers

  17. Filing a NOD to correct an effective date

    I have received a rating decision that granted me disability for my back and neck. I made the claim 08/10/2021. Back in 2008, I filed the same claim but as I was fresh out of the Navy I was not able to take off work to attend the appointment, so my claim was denied. Fair enough, I get that. However, in 2017 I put in a supplemental claim as my issues were getting worse. The claim was denied because: "The claim for service connection for back pain is considered reopened. However, the evidence continues to show this condition was not incurred in or aggravated by military service. A review of the evidence shows you were previously denied for back pain by Rating…

    Asked by VanillaXtract,

    0 votes
    9 answers

  18. Cavc remand back to bva for 2 nd time

    Well really just venting and pointing out something that are keeping me up at night smh. Ok this is the court addressing my increase from 70% to 100. The Court need not reach the issue of whether determining occupational impairment for the purpose of evaluating a service-connected psychiatric disorder and employability for the purpose of awarding TDIU are separate questions, because the Board in its November 22, 2021, decision, failed to consider all relevant evidence. the Board found that there was “no indication” that the psychiatric disorder “would totally impair his employment,” but it did so without discussing its potentially favorable January 202…

    Asked by Mr cue,

    0 votes
    4 answers

  19. 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,

    0 votes
    16 answers

  20. I have decided it is time to file a CUE, now or never

    Ok, so I have decided now or never as my health is still going downhill. Looking at a cue, using some info from these forums reqarding examples of CUE's. I put together the following draft : (I wasn't sure about the including of all the paragraphs in the dating decision, so while P printed them all in that last letter of entitlements granted, I emphasized the one that is more to the point of the CUE.) Veteran: XXXXX XXXX XXX-XX-XXXX Litigation Support Branch Board of Veterans’ Appeals P.O. Box 27063 Washington, DC 20038 Claims and Appeals regarding Necrotizing Pancreatitis an…

    Asked by retiredat44,

    0 votes
    7 answers

  21. Bva direct review with hardship

    Long story short, had 70%, filed for increase per my specialist/doctor dbq and nexus. Then, after receiving decision, I was rated 100% (meniers) for a month and then after their c&p results from a PA, I was taken back down to 80%. Obviously making no sense and going against a doctors literature over a PA from the cp exam. Bva higher level review filed in January and hardship claim approved a few months after. Approx 2 months ago I was told the appealette briefing was conducted. Any update, experience, or stories with bva and hardship claims? Thanks.

    Asked by FlyboyLeRoy,

    0 votes
    11 answers

  22. EAJA legislation appeal

    So just trying to figure this out... I have an appeal to vba for eed and have a lawyer helping..we have a 20% contract... if it gets denied and I appeal to cavc, does that null our contract since they would then be paid under EAJA legislation? Seems like yes but I can find nothing in writing saying so...

    Asked by blahsaysme2u,

    0 votes
    6 answers

  23. Duty to assist

    Ok I have been looking and I don't see this address anywhere. Can a veteran waive the VA duty to assist. Say a veteran believe he has evidence in his record to granted benfits. Why can't the veteran waive VA duty to assist. If a veteran has had 7 exam for the same issue. When can the veteran say make a decision on his or her evidence. An the exams Seem to me the VA has all the power to delay order exams deffer all based on duty to assist. An it doesn't seem to be assisting veterans. I understand this is a good thing for veterans who are apply new from service. But veterans with 20 15 10 years of records and may 7 bva decision…

    Asked by Mr cue,

    0 votes
    5 answers

  24. VA lawyers are a joke.

    Man I can't get this out my mind. Here is the VA lawyer response to the Howell v Nicholson issue in my case. Housebound by fact. I may help other understand housebound by fact. Well I just got told the effective date is the date of claim an that is the end of it. Lol I cant make this stuff up. They don't address when and how effective dates are to be handled for smc. Smh Barkley v Peake. They will not explain the part we're it stated been confine to one home is not been able to leave to make a income. They are refusing and hope the court doesn't address it. This is how the VA works and these are VA lawyers do you think they don't un…

    Asked by Mr cue,

    0 votes
    13 answers

  25. Sarcoidosis in basic from asbestosis and roundup

    B I U

    Asked by Julian H. Carter,

    0 votes
    0 answers
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