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

2,824 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. The new comp exam system

   So a buddy of mine has a claim that was just remand by bva for new exams. So for a month they offer exam 150 miles away. The va hospital is 15 min away smh. So it took them a month to get appoint with the place that does ssi claim exam. I don't like this it seem alot of veteran are get bad exams adding years of appeal time I don't understand the va hospital has ever specialist and has treated most of us all our disabled life. To me this seem like a step to getting rid of the va health system. And to denied more veterans

   Asked by Mr cue, April 7

   • bva
   0 votes
   11 answers
7. After the Phone Call for a Higher Level Review

   - Completed conference call for HLR - Person was very helpful and professional, said something like "finish up today or tomorrow and after that expect to receive a letter in the mail a few days later." - Checked Ebenefits and VA.gov and ratings did not change. - VA.gov shows the claim still being worked on for HLR. - Currently at 90%. - I called the VA 1800 and they said something like "we cant talk about details until 10 days after a decision letter gets sent, but I can see they are still working on the claim" - I couldnt find anything online about what happens after the reviewer hands it off. - Any champs with insight on what happens after the phone call …

   Asked by faithfulone, Yesterday at 10:25 AM

   • hlr
   0 votes
   1 answer
8. Argument Letter Sent

   My attorney sent an argument letter in lieu of a hearing, and I couldn’t be any happier. The argument letter starts with a medical history (chronological order) of complaints and treatment of my conditions from in-service documentation as well as current VA records. Then the argument letter highlights the well-reasoned analysis of an IME by a board-certified specialist, in which it contradicts the C&P examiner’s rationale and gives a nexus in VA verbiage. I am very impressed of the contents of the argument as it also cites past CAVC cases when arguing for service-connection. Now, it’s just a waiting game. Thank goodness my claim is AOD.

   Asked by Hucast21, March 18

   • argument
   • bva appeal
   0 votes
   9 answers
9. HLR since pandemic

   ******UPDATE---4-13-2021******* I received my decision letter for my duty to assist (although I never did receive a full explanation on why a duty to assist was flagged or what basis and I think I never will)...they note that from my C&P exam, my symptoms are: pyrosis (heatburn and/or reflux), regurgitation, substernal pain and vomiting, and the decision is to continue my GERD rating at 10%. I don't know what else to do here. Shouldn't I be rated at least 30%, if not 60%? I mean, there are times, (as I told the C&P examiner), that I have had to come home from work to take medicine or reschedule a meeting during a flare-up because, ya know, belching et…

   Asked by flynsolo2, October 28, 2020

   • hlr
   • higher level review
   • timeframe
   0 votes
   74 answers
10. No more 1800 to bva

    Ok so for the past few days the bva decision site has not work. I was told va 1800 now handle bva calls. So my ? Is it my computer or is the bva decision site down too. The old 8387 number no longer work. I don't like all this new stuff I remember back in the days we had numbers to bva appeal management everybody posted on hadit. Va got mad an change all the numbers lol. But it really help veterans get there claims moving

    Asked by Mr cue, Tuesday at 11:38 AM

    • bvaremand
    0 votes
    0 answers
11. Just need to vent again

    I been really try to get ppl to explain to me why been permanently housebound. Is granted with tdiu. If the court stated been confined to one home is not been able to leave to make a income. What other group of veterans fall under this crertia I believe it tdiu veterans. A housebound in fact determination requires a Veteran’s inability to leave his /her place of residence and immediate premises in order to earn any income. However, it does not require a total inability to leave the place of residence and immediate premises for all circumstances. Leaving home for medical purposes cannot, by itself, serve as the basis for finding that a Veteran i…

    Asked by Mr cue, April 7

    • cavd
    0 votes
    1 answer
12. The BVA- an educated opinion

    I have been reading BVA decisions since the BVA first came on line in the 1990s. I also have had a BVA appeal which I was very successful with. When I initially filed that claim, I found that my representative was an idiot, running a veterans claims office and no one there, as vet reps, had any real knowledge of basic VA 101. Someone here has put down the BVA , feeling they caused problems with their claim. Since the 1990s, the BVA has Rarely made errors in their decisions. If they do make an error, and the appeal goes to the CAVC, it will get remanded back to BVA to correct the error. If the error is a legal error, a Motion to Reverse under CUE can b…

    Asked by Berta, April 10

    • bva opinion
    0 votes
    2 answers
13. Can I Rebut a Higher DRO Review?

    I need help. I first applied for benefits in 2016 and was denied in 2017 because the VA could not find my medical records. I was able to locate my medical records and I did a NOD. I filed again for the conditions and sent in my medical records. Fast forward to 2019. I was able to get C&P Exams at the end of 2019 and Jan 2020. My Sleep Apnea exam took about 3 minutes or so...questions were: When did you enter AD? When did you retire? Do you have a CPAP? I had submitted a buddy letter from the EX and my medical records showed weight gain, snoring, ENT problems, etc.I answered the questions and affirmed that I had a CPAP. That was all of the questions I had for Sleep Apn…

    Asked by NEWBIEFED, April 6

    • sleep apnea
    • dro
    0 votes
    10 answers
14. Femur Issue Claim (part 2)

    Veteran finally is willing to go ahead and submit a supplemental claim related to service connected 0% femur (thigh). Can he ask for an increase on the thigh even though it is properly healed? Or would he better off filing on the residuals (arthritis, leg shortening, scar, knee irritation, flexion (inability to cross legs). I told him to visit a VSO and allow them to guide him. Personally will never know how a 18 year old man can be injured in basic training, have a rod inserted in leg (femur), discharged home in cast, and no one told him to visit a VSO once he got home. I spoke to his wife and she thinks he suffers from non battle-PTSD. He has …

    Asked by Fat, April 5

    • next thing
    0 votes
    5 answers
15. Do u see the error

    I hope I did it right. I just want to get advice and see if anyone see the errors

    Asked by Mr cue, November 12, 2020

    • cavc appeal
    0 votes
    9 answers
16. Dro Review How Long After Dro Reply....

    I had a DRO Review call last week. My question is when I receive a decision from the DRO review what is the time limit (does the DRO Review start the time clock back to one to one year again) to decide on the next step Supplemental or NOD. Just trying to stay ahead of the decision making, depending on what the DRO review decision is. Also same question for the supplemental review, is that the same, does the time clock start over, and is it one year or sooner reply from me to decide on NOD for appeal to the BVA?

    Asked by Joe Tex, April 4

    • dro review
    • dro hearing
    • dro timeline
    0 votes
    3 answers