Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Explore Questions
There are no popular questions to show right now
-
0 votes0 answers
-
0 votes0 answers
-
0 votes0 answers
-
0 votes0 answers
-
0 votes0 answers
3,123 questions in this forum
-
There are two ways to smc s
Ok I am going to post about this again because there seem to be a lot of misinformation been pass to veterans. Ok first to get Housebound by fact you tdiu must be based on one condition. Tdiu is granted under 60% one condition Tdiu granted under more than one condition must add up to 70%. Now if you look at your tdiu award is it 70% or 60% There are two ways to achieve SMC S. One is via the percentages you've mentioned. The other is to be 'house bound in fact'. This method may apply to you. See below:If entitlement is based on the Veteran being housebound in fact, the law requires the housebound state to be permanent.Consider a Veteran permane…
0 votes2 answers -
Can a DROC overturn a BVA decision?
The Board decided my tinnitis claim is rated at 10%, effective date April, 2016. The Board decided my Meniere's Disease is rated at 30%, effective date July, 2018. Based on what I understand, after these favorable Board decisions, along comes a DROC under Section 1., "Reasons For Decision", and invalidates the Board's 10% tinnitus rating stating it is "stopped", and that my separate tinnitis rating is now combined with my Meniere's Disease 30% rating, effective July, 2018. I'm attaching files for peer review and opinions.
0 votes14 answers -
Citing BVA Decisions
Has anyone cited BVA decisions in an appeal? The reason I ask is I found some BVA decision that are very relevant to my appeal. I know that BVA decision are not precedent setting and my citing is not claim that. Only to point out that recent appeal grants speak directly to the issue I have. I tried searching the forum because I thought this was asked before but could not find anything.
0 votes9 answers -
Medical Reimbursement Claim Stuff
I've posted here before about my med reimbursement being granted. The claim is for Emergency Room treatment and being sent by ER in ambulance to local hospital. VA paid the ER bills but the hospital was denied. I appealed the denial and the claim was granted by BVA. It's for a substantial amount (to me) of money. Appeal granted end of February. So, I keep checking the bank account, calling BVA, VHA, etc. and trying to find out what's happening. On the 17th of May I get a deposit in my bank account described as Treasury ACH for $960. Seems way off, so I call around trying to find out if it's my med reimbursement claim. No luck, BVA can't tell me anything and I go in …
0 votes0 answers -
Recent Supreme Court Amicus Brief
So much for the VA trying to "assist" and to be "non-adversarial." "David Shulkin, the former VA secretary, candidly acknowledged that the system as it currently functions is “adversarial.” Krause, Veterans Affairs Secretary Admits VA Is ‘Adversarial’ For Veterans (Nov. 8, 2017)." "In 2020 (the most recent year for which statistics are available), the CAVC ruled for the veteran in more than 90% of cases decided on the merits. See U.S. Court of Appeals for Veterans Claims Annual Report at 3 (2020).12 This means that BVA denials of benefits are erroneous in nine out of every ten cases. Even worse, claimants were awarded Equal Access to Justice fees in nearly 80% o…
0 votes9 answers -
BVA NEW APP
The Board of Veterans Appeals has a new app. I have not tried it but wanted to pass it on. Track Claims: VA.gov Check your status with our new mobile app Get updates on your claims or appeals right at your fingertips using our new mobile app. Download it on the App Store or on Google Play.
0 votes1 answer -
Question about claim increase
I filed a claim increase on all the digits of my left hand as well as a trigger finger claim. My long & ring fingers are service connected & my thumb, index, & little finger are secondary service connected. My last C & P exam I had back on March 16. The FNP wrote in it that my left hand is basically the same as an amputation. He said I can only use it as a paddle or a pusher. Right now i have limitation of motion on all 5 digits. Now if they increase all my claims I would be at 80% best I can figure. But loss of use of nondominant hand is 60%. So would they change my disability to loss of use or just grant the increase. I know I have to have patience de…
0 votes1 answer -
Been going over my record for court case
Well after going over my record 5 time. When I was granted tdiu 2004 effective dates 2001. I apply for 5 other issues to include the mental health. They were deferred twice. Look I got a letter from va stating they got the nod on my issues. Well when I won the tdiu they would process the retro. Well I wrote a letter say I don't have any appeals I would like my retro Process. They withdraw the appeals I never no this. I never got any letter anything. Well get to the good part in the 2018 decision granting the 70% for mental health stated. The denail in this issue was originally done 3/22/04. Well there is no de…
0 votes1 answer -
Howell v Nicholson
Ok some say it not percendent other say it is. Smc s for been Housebound by fact the problem seem to be that there are no bva decision which address housebound by fact. Ok plz don't change the post we aren't talk about statutory housebound. Which is the 100/60 thing. Ok in Howell the court state what Congress attend was for smc s housebound by fact. Not been able to leave one home to make a income. The VA manual only address you can't denied because a veteran can travel to medical appointments. That all it address from Howell v Nicholson percendent It is my belief that veterans who are unable to leave there home to make a income. Are ho…
0 votes3 answers -
Is it doable? Hire a POA (Lawyer)for one appeal and VSO for another separate appeal.
Good evening, has anyone appointed a POA for separate appeals simultaneously. For example, can you appoint a VSO to submit an appeal for Chronic Fatigue, while simultaneously hire a lawyer (due to their specialty) submit an appeal for OSA? Is this a favorable approach? Is is doable? Thanks
0 votes3 answers -
Statistics of Successful Claims after CAVC Joint Remand to BVA
Anyone know of the percentage of original claims being granted AFTER the CAVC grants a JMR?? Are the majority granted or denied?
0 votes13 answers -
Appeals: Informal conference offers clarity, feedback in higher-level decision reviews
Veterans seeking a higher-level review (HLR) of a benefits claim decision have a powerful tool to communicate directly with a higher-level reviewer. It’s called an informal conference. The HLR is a part of the Veterans Appeals Modernization Act of 2017 (AMA). As part of the HLR process, VBA offers an optional one-time informal conference. Appeals: Informal conference offers clarity, feedback in higher-level decision reviews - VAntage Point
0 votes2 answers