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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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BVA Decision
BVA granted me and effective date of 2003 in the decision but only paid me back until 2004 one year short and only to say they made a mistake in the first decision. The Judge made a mistake but this was the year I ask for in NOD. The 6 digit retro is nice but 1 year short and now another 5 years of appeals or leave it alone?? It took 9 years in appeals for this only to get shorted one year. I might let it go tired of fighting the ""goberment'' not goverment
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What recourse do you have when VA 'Throws Out' your claim, and says you have no appeal right?
I got a letter saying I'd withdrawn my claim due to months old documents that had nothing to do with withdrawing the claim. Included was a 526 so I could reapply!! No rights to appeal. Scary. (A cong did get it reinstated, but ramifications are frightening) I think they were purposely trying to get it on the CUE forever, deny your effective date path- But just a guess. My question is, what happens if the VA just throws out your claim on pretext, lets say the absurd; because they saw a black cat, doubles down, then triples down? Can Veterans use the court to compel due process rights? After being reinstated, they've put the claim on forget- Completion d…
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Referencing BVA Decisions
My disability claim is currently at the DRO level and I am trying to gather additional facts and information to support my claim. While conducting research, I came across several BVA decisions that support my claim. While discussing my claim with my VSO, she informed me that I am not able to reference BVA decisions in my claim. Is this true? I understand that each BVA case is specific to each veteran, however in my case it doesn't make much sense. Amongst other things, I am service connected for a rare terminal disease called Aggressive Systemic Mastocytosis. Since there is no rating code for this disease, the disease must be rated analogous to a ratable condition wi…
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Might be doing first NOD - advice appreciated
I am considering doing my first NOD. I received 20% for peripheral neuropathy (pain and tingling in my arms and hands) secondary to Cervical Spondylosis (narrowing of the spinal openings in my neck) for both my left and right sides in February 2017. I just received a copy of my C-File that I requested back in July 2016, and it has the C&P exam that was done on me for the peripheral neuropathy. In the C&P exam, I was clearly rated for SEVERE pain on my non-dominant side and moderate numbness and tingling on my dominant side. I was given a 20% rating for mild conditions on both left and right side, but from the DBQ the doctor submitted it looks like I should …
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Denial of Form 9 because late
My Form 9 was denied because it was 20 days late, but they did get it. Is their anything I can do to preserve my appeal. I have sent in a NOD against their statement of the case AFTER the form 9 was denied.
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Results from email to VA secretary
I just wanted to share. So far it seems my email to the VA secretary about my 4 year old NOD has produced no actual results. I emailed the VA secretary about my NOD over 2 months ago. I got a call from the RO office about a month after that. The guy on the phone was pleasant. He told me I was getting the call from him because of my email to the VA secretary and that my claim was pretty old. He had already assigned my claims to a female claims officer and they had most of my C&P exams. He also told me to expect results in about 30 days as this was a VA Secretary Inquiry case. After the phone call I faxed in all of my C&P exams. Fast forward 40 days, I g…
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Pending Case Disparch
We logged into Ebennies today and after almost 7 years the Status changed to "Pending Case Dispatch. This indicates that a Veterans Law Judge has made a decision on your appeal, and that final administrative steps are being taken by the Board to ensure that you (and your representative, if any) are mailed a copy of the decision. Little nervous. Doesn't look like another remand. Not being sent somewhere, just a straight up decision with no change in my AB8 letter. Feels like a denial. Not sure if I even have a question for anyone. Just feeling pretty scared. Blah.
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Case moved but where?
My case was with the veteran's law judge and within that classification it moved to the attorneys. Now it has moved again and I cannot call the VA for information until Tuesday. Any ideas on where it is headed now?
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NOD with only 8 pages attached- has anyone succeeded???
So once I understood what my lawyer friend said to look for on the evidence used in my case...I cut my documents from 63 pages to 8 attached. I don't disagree with the compensation I disagree with the recouping of SSB based on dates that don't match...my NOD! In the 8 pages attached I only focused on the dates that I have a service-connected disability and prove why the VA should not be recouping the SSB...I am getting the hang of less is more!
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Filing a NOD- please tell me what will happen?
Good morning. I am filing a NOD that should be an open close case. I have all documents attached that shows CUE that the dates they put in are incorrect. IF the VA agrees right from the start what happens next? Do I get a new letter showing the correction made or is there a long drawn out process? I did not select DRO because it's not the rating that is incorrect it's the time period that they state my medical records came from stating I was in the Army Reserves during a time I was actually Regular Army. This makes a difference because my disability occurred after I discharged from the RA that I received an SSB. The VA is recouping the SSB based on incorrect dates. Once t…
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Treysnonna
What do you need to file for I U? My husband is already at 80. He does have two appeals (on same claim). One foe increase in diabetes and one for cod sec to diabetes. The dr did make a statement that he does not think hubby is able to work. Would they automatically pick it up on doc opinion, even if he did not file for it? Or do we put in another claim for it? I have also been trying to get him to file for sleep apnea. He has been on cpap for about 7 yrs now. And if he filed now would it hold the appeal up then? .
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Is DRO worth it anymore?
The Indianapolis RO called me after I emailed the secretary and said I still had 2 years left until my DRO review is even looked at. At that point we're taking 3 years for DRO review. The lady said they are getting swamped with NODs. So if you put in an NOD now I would say 4-5 years to even be looked at. For a decision 5-6 years is a midrange estimate. At this point is a DRO worth it or should a vet just go traditional route?
0 votes20 answers