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Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
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3,123 questions in this forum
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Veterans Appeals Improvement and Modernization Act of 2017
Here's what's the act is looking like so far for those who want to read through it. It still could change but I believe it's really close to final. https://www.congress.gov/congressional-record/2017/8/1/senate-section/article/S4674-2
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hearing loss NOD Question
Hi, I am new here, so let me know if I do something wrong. In 2015 I filed Compensation for Bilateral Hearing Loss, Tinnitus, and Depression, and Anxiety secondary to the hearing loss. They denied the hearing loss due to an "incomplete" or "could not test" C and P hearing exam. My tinnitus is so bad some days, I can't tell the difference in it or beeps that the audio test gives out. So they denied the claim. Now mind you my hearing has been tested in several other venues, SSDI had an ENT and board certified audiologist test and I have severe to profound hearing loss...I was awarded full SSD disability. I was at an appointment with my VA psychiatrist who basicall…
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Looking For Advise On Adding A Rebuttal To An Appeal
First like to say that anyone that has access to myhealthvet should use the blue button to download your va medical records. I found out they are working on my nod or at least was in 2016. I filed for compensation for tinnitus June 2015. Was denied in April 2016. Filed a NOD with a imo that stated "more than likely" related to service. So today I downloaded my medical records from myhealthvet and saw an entry dated March 2016 by the same c&p examiner that said "less likely as not" she now has my str. She didn't at the c&p. She also had the imo I sent in wiith my nod. When I went to see the independent audiologist, I had my complete str with hearing exami…
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Why so long for FOIA requests
After the denial of my PTSD claim, I received a poorly written canned form letter, hap haphazardly pointing to all the reasons for the denial. Some of the reasons were used several times in the same letter, as if it had but cut and pasted from some master document of denial reasons. The letter contained numerous errors, eg; No sudden request duty assignment change, lay statements from family, service members, deterioration on work performance, behavioral changes, excessive leave, changes in your performance without explanation ...bla bla bla. Well, that's total BS, I provided detailed statements from my wife, father, mother, daughters and the Lt. Colonel of th…
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Decision - SOC -% disability benefits?
I requested a set percentage on my NOD (I now know in the future to say "the maximum amount authorized"). When my NOD is decided granting the % I "requested" will an SOC be issued? I will attempt to explain: Shoulder injury. The ranges of shoulder disabilities are 10-90% (however, as no amputation or other conditions, the maximum is probably 50%). I wrote on my NOD that I think I am entitled to 30%. When the DRO makes a ruling, if she grants 30%, will she also issue a SOC?- or if I want to contest 30% and ask for 50% will I have to a.) file another NOD, or b.) ask them to prepare a SOC? Does an SOC get issued no matter what if the maximum per schedule is no…
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VA Disability Back Pay
Hi, Thank you for taking the time to look into my situation. I will try to keep this on point as best as possible. I was discharged medically (USMC) in January 1989. The medical board gave me a 10% service connected disability (compensable). After 6 months of being home, I received a follow up letter from Tampa VA. I attended this follow up, and the doctor who looked at me, said “oh you’re fine, I will bring that down to 0%”!! I was furious at how I was played by the system, so I began fighting the system (Congress, 2nd Marine Division, White House, you name it). I received a letter dated July 1992 from a VA Adjudication Officer, stating tha…
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Nexus
I'm trying to understand what a nexus could be in my situation. I am currently diagnosed Bipolar 1 and my docs say it started in the Marines, but I was discharged with a personality disorder. My SOC essentially says my nexus is weak. In my military medical records I was diagnosed with anxiety disorder before it being changed to personality disorder. Is having the anxiety disorder diagnosis at that time a nexus? In my SOC they said there wasn't any sign of psychological problems, and thus the personality disorder diagnosis. My docs all concur that my bipolar started in service but was misdiagnosed at the time. Can someone please throw out some hypothetical examples of a ne…
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38 C.F.R. § 20.900(c) (2016)
So January I submitted my eviction notice, electric shut off notice, insurance cancellled notice,, EVERYTHING for an advanced Docket,, to my VSO who's office is in the BVA building Washington DC. I was told within a few weeks I'll hear something. Well 100 + days later still no ruling on it & told they have a " Huge backlog of these as well since the new year" .. wouldn't you think though that any appeal with a docket date of 2017 then shouldn't be allowed to be adjudicated until older dockets who's advancement still hasn't been heard yet?
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Award grant after Substantive appeal form 9?
My lawyer just submitted the substantive appeal (form 9) to the RO, he stated that they will grant or send the claim to the BVA. I didn’t know they can still grant the claim at the form 9 step.. how often do they grant your appeal after submitting the form 9 to them? Thank you..
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when are you NOT in appeal status?
so my question is about time frame of appeal status. i understand that you have 1 year from decision to file a NOD. Please follow chronology: Nov. 2009 STRs are found after 5 years and initial grant of SC Awarded. February 2010 Boston Varo gets letter that Vet no longer lives at address on file please send to San Diego VARO. March 2010 San Diego VARO sets up a C + P for increase of the New Awarded SC. September 2010 Decision mailed and vet replied/sent NOD. December 2010 San Diego VARO sends letter saying that because of records recent found they are going to do an in house dro. Aug 2011 denied. Aug 2011 vet sends another nod with n…
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Second Remand
My case has been remanded for a second time by the BVA and I was wondering if there is any timeframe for the Nashville office to start working on the remand? One of the "orders" was for back pay back to 2007 and the money would help out a lot right now.
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I've been service connected since 1975 and haven't recieved a dime - NOD or DRO?
Okay ... got my denial letter today. I am totally blown away, but not surprised. The V.A. has lost six months ... SIX months of physical therapy records. These records prove that the condition from my DoD rated service-connected injury persisted after I was discharged. As well as the fact that that they, at that time, rated it at zero percent. Five years later, I was on and off homeless and my knee gave out on me again, tearing ligaments. However this time, I was told that it was that it was the 'natural course' of my Recurrant Sublexing Patellar. AND this time my zero percent was taken away. Wouldn't one think, if previously diagnosed with "RECURRANT…
0 votes2 answers