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Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
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3,121 questions in this forum
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file for increase New Evidence To Submit During NOD - unrelated to issues appealed
Good day all. Hopefully I can explain this clearly without confusion. I received my BBE in Sep 16, and immediately filed for a NOD with more evidence (related to neurological issues/damages). However, I am 0% service connected with sleep disturbances/sleep apnea. Recently, as in two weeks ago, I was diagnosed with apnea and required to wear and was given a CPAP. Long story short, my claim is with the DRO for appeal and review, and although I am not contesting/appealing the sleep apnea for increase, I have the necessary medical evidence including the VA form for sleep apnea completed by my sleep physician/dr stating my condition as well as the results of my sleep studies. …
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VA Appeals Lawyer or Agent Fee Retainer Agreement
When and WHAT does your (For Fee) Appeal Attorney/Lawfirm or Agent get paid? What happens to your 20% of Retro Fee Agreement, if you decide to Terminate the Lawyer/law Firm or Agent's representation prior to the RO, BVA or CAVC Award? If you FIRE your "FOR FEE" Representation, do you need to Revoke your POA in writing? Answers to the above questions are covered in the attached Document presented by NOVA (National organization of Veteran's Advocates). In my opinion, this is a must read for any Vet contemplating signing with a "For Fee" VA Appeals Rep. "For …
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0% rating for adjustment disorder?
My wife is rated at 30% for asthma. She filed for depression and we looked at the copy of the C&P. The examiner left out many important testimony and seemed to paint a false narrative. Furthermore, I travelled to the C&P exam with her to provide secondary testimony and to my surprise they denied me access to the exam. We are rather stressed out from the outcome since my wife had to quit her job 8 months ago because of her asthma attacks (she was a manager at her employment for over 10 years) so things are a bit stressful. Anyway I will display the meat of the C&P hoping to get some good advice. Thanks everyone for your time. SECTION I: …
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Curious residuals of a TBI
I'm a little confused with my appeal... so I'm seeking service connection for my skull fracture nearby the clivus I know it's very uncommon maybe 4% of all skull fractures. But it could be the cause to my headaches but the VAs been shooting from the hip since 2010, the skull fracture isnt listed in my record yet just in my military and civilian record from my service connected TBI. But they denied me in 2016 for it anyways but granted me my TBI. Is something that can be rated together much like my PTSD and TBI residuals are now? Would it be considered a secondary disability due to the TBI? Or wouldn't the TBI be secondary to my skull fracture? The other issue to my appea…
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How to File a NOD through Ebenefits?????
Hi. I cannot figure out how to submit my NOD and supporting documentation through e benefits. There is not a link for me to click to upload the NOD. There is not even a link to start an official appeal. Do I send it in snail mail and hope they load it to ebenefits for me to follow?
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nod Filing NOD vs Ebenefits appeal process
Good evening all. I can't seem to find a convincing answer on the topic. I receive my rating a few months ago and strongly disagree with some of the decisions. I was on Ebenifits and it appears that i could appeal the process on the site. However, i'm not sure if this is the same process as filing an NOD. Can someone please help clarify the difference..... Thank you
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Letter from BVA
I just got a letter from BVA. It is on new evidence I submitted. (Basically an IMO from Voc Rehab). They want to know if I should "send it back to VARO" or should I do a waiver of RO consideration. (I already signed a waiver of RO consideration). Sending it back to VARO is problematic: On one hand, if VARO wanted to award my benefits, they probably would have already done so. This said, a "new" person would rate my claim at the VARO. It could save a step since VARO would have to implement a board decision anyway. However, if its denied at the VARO, then its back to the BVA again, while wasting time at the VARO. What do you think?
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If you file a NOD for an effective date and it's denied does that put you under the VA microscope?
If you filed a NOD for an earlier effective date and the VA denies you do you think that could put you under the VA microscope more? I just wanted to see if I was entitled to an earlier effective date. Do you think I could get hassled more for asking and being denied? When I say hassled I was thinking they might try and start C&P exams earlier and look for reasons to reduce ratings.
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My second appeal has been expedited
He informed me that my appeal has been expedited due to my own work he said that I did behind his back. So now he wants to walk away from my appeal. Is that possible I mean I am sorry he's mad that i filed my hardship on my own and got it advanced on the docket didn't think he would bail. So what are my options if he bails do I have to hire a VSO at the last second?
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Not sure what happened
Ok, in Nov '16, I sent in a letter requesting a reconsideration with new material and evidence on a decision that was denied in Dec '15. I sent this information to the Intake Center, well Dec 23, I finally just sent information again on ebenefits so I would not lose my 1 year date, but on Ebennie, I also included new claims that I was told I needed to submit. I completed the NOD form and included it with documents for the claims I disagreed. At the beginning of March claimed moved to prep for decision, then 2 weeks later it was sent back to review of evidence, the next day it moved back to review of evidence. They hadn't rated any of the claims, but they sent me a letter…
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Question on NOD process.
I filed a NOD via a "de novo" review by a Decision Review Officer (DRO) back in 2015. I filed the NOD because the VA denied my claims for failure to show up for C&P exams. (Never received notice of exam dates). No Statement of the Case [SOC] received. JAN of 2017 received notice of C&P exams; I went to the C&P exams. From what I understand, at some point, I should receive a Statement of the Case [SOC]. So far, at no point have I received a SOC from the VA. My address has not changed. My question is, what is the next step in the above described NOD process? Can the DRO just turn back on the claim process without me having to go to a DRO Hearing? Or, is t…
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DRO hearing transcript-wager a guess
Im guessing the latter. A grant to January 2010. My hope is that it would go back to 2003 when I filed after a VA diagnosis of 'Anxiety R/T military experience' <br /><br /> But that was not put on the table by the DRO. ...he'll leave that to a VLJ..<br /><br /> The way I see it is that the letter of the law allows for a "Yay" and a "No Way".<br /><br /> The spirit of the law nudges it to a "Yay", and with a January 2010 effective date, there won't be a need to CUE the previous RO descision in 2008 and their inflexibility of my Substantive appeal "you had until March 6th...We received it on April 4th."
0 votes13 answers