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

3,123 questions in this forum

1. How long does a higher level review/CUE take?

   Updated as of 2020-08-27 (at the bottom of my original post) How long does a higher level review/CUE take? I initially called the 1-800 number and they said supplemental reviews are supposed to take less than 125 days, but they were not certain about higher level reviews. The agent speculated they could take a year or longer. This post was changed to track my claim as it made it's way through the VA system. This may help other veterans understand some of the inner workings of what goes on behind the scenes. Why am I calling this HLR/CUE and not just CUE or HLR? At the time the claims were submitted, other members have indicated filing their CUE claims as …

   Asked by Vync, September 16, 2019

   • cue
   • hlr
   0 votes
   114 answers
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3. BVA appeal question (AMA, not legacy)

   Will have a chance to interactively ask questions related to the facts of my appeal like I did previously before the BVA some 20+ years ago before the AMA changes were made? During the hearing, the BVA person would not answer any questions about the merits of my appeal. They simply swore me in, asked some related questions, let me make a verbal statement, and said a different BVA person would get the hearing transcript and make a decision soon.

   Asked by Vync, March 20, 2023

   0 votes
   2 answers
4. Denied hypertension thru PACT Act. Denial doesn't include correct information.

   I was denied for hypertension through the PACT Act. In the decision letter it stated I had no service connection. However I flew on C-123"s Rickenbacker ANGB, Oh, from 1983 to 1986. I submitted my flight orders that had my name, ssn, base, unit and AFSC listed as evidence. In the VA web site it does state that Agent Orange is listed for that duty station. So, what's my next move.

   Asked by aeromed, March 14, 2023

   0 votes
   3 answers
5. 0% Allergic Rhinitis....need Explanation

   6522 Allergic or vasomotor rhinitis: With polyps 30% Without polyps, but with greater than 50-percent obstruction of nasal passage on both sides or complete obstruction on one side 10% My wife was granted 0% (A noncompensable evaluation is assigned unless there is a greater than 50% obstruction of nasal passage on both sides or complete obstruction on one side) Can someone explain the 50% obstruction? Does that mean in order to get the 10% she has to have permanent blockage or 50% blockage? Because I know when she does have her allergies her nasal passage is stuffed. Thanks.

   Asked by afoprtr, August 16, 2010

   0 votes
   5 answers
6. BVA finally got my CAVC Remand

   UPDATE: Let's see if the below will stand to be true. At least the BVA did keep my assigned AOD (ADVANCE ON THE DOCKET) number on my remand. How long until a judge is ready for your appeal? Your appeal was remanded by the U.S. Court of Appeals for Veterans Claims. Court Remand appeals are prioritized so that they’re always at the front of the line. Your appeal will be sent to a judge as soon as it’s ready for their review.

   Asked by pacmanx1, March 3, 2023

   0 votes
   0 answers
7. Va has me confused.

   I was going to send my nod in, so today the va kept changing forms on me when I asked where to send it. I don't even care about the NOD. Here is what I need. I need to say I need a review on this because he just eyeballed my Range of Motion. I do not agree with a 80 old doctors eyesight. How do or what form do I need to do and where to send. I want another evaluation if possible. Thank you.

   Asked by 30percentermovingup, February 14, 2023

   0 votes
   20 answers
8. Redux BVA

   Several issues that have been on appeal at the BVA hamster wheel a long time have FINALLY been assigned to a VLJ . Pretty sure I will win some of the issues because, for me, when they think an appeal has merit, they delay adjudicating those ones for the longest time. But, again, I find there are always Board errors, so I'll have those to appeal to the Court (CAVC). The Court, I find, has been good to me in all matters VA

   Asked by 63Charlie, February 8, 2023

   0 votes
   3 answers
9. This no communication with anyone at VA is crazy

   I remember the days you could call osbudman think I spelled it right. An issues at the bva would be address I remember that change all the numbers because hadit members had them. Now a veteran can go throught the whole claim appeal process an not one person that handle the issue ever talks to the veteran. The veteran does irs they get the 1800 response. You write upload statements an they don't address them. This que thing is a bigger issue day one rater order exam there is a 30 day hold. It go to a different rater an they say they need a exam back in the que 30 days Now a different rater might look at the exams or they can say it not re…

   Asked by Mr cue, February 6, 2023

   • bvaremand
   0 votes
   3 answers
10. Your appeal is waiting to be sent to a judge

    try to see what is the timeline is of veterans Who appeal was at this point to the decision. Was it a cavc remand or just appeal.

    Asked by Mr cue, April 21, 2021

    • cavc remand
    0 votes
    18 answers
11. What are VA disability reduction methods?

    HLR for EED was returned for duty to assist error based on; 38 CFR §4.70 Inadequate examinations. The Higher level review return says that the c&p examiner did not specifically address the board remand directives even though the c&p examiner did specifically and explicitly address all of the noted board remand instruction directives. They are questioning all of the basis that the original C&P examiner gave that the VA used to grant the increased evaluation of 100%, even though it was clearly sufficient. They are questioning the diagnosis, the frequency, the symptom severity level, and the duration. What are their options to r…

    Asked by Jake206th, June 25, 2022

    • hlr
    0 votes
    57 answers
12. Since when is it a VA law that they have to get a medical opinion to address all veterans

    Ok I have and am see a lot of veterans stating that the VA are ordering exams to address other comp exams. Since when is this the process. The VA is to weight all veterans evidence list it on a decision. By law. This is how the benefit of doubt is made and works. Guess the VA is eliminating that. Sm Were does it state for the VA to get medical opinion against veteran evidence or to address other comp exams already on file This is developing to deny folks. An a new tactic by the VA and it is causing undo dely to veterans. An sending veteran to unnecessary comp exams I have had over 7 8 comp exam for loss of use even a specialized comp ex…

    Asked by Mr cue, February 3, 2023

    • cavc remand
    0 votes
    1 answer
13. Developing to deny

    Ok here is the court percendent on it. I seem like it is the new way the VA is handling claim and appeals keep ordering exams until they get one to deny. I will use myself my appeal has been remand by the cavc two time. 21 and 23 Each time the VA try to keep adding medical opinion without address the ones all ready order. I will be using this thread to help veterans understand it and how to look out for it.. My case refuse anymore exams and withdraw the VA duty to assist. An they turn to we need a ace exam. The shop the cavc remand 7 months and still ain't get the opinion to deny. It then turn into we need a in person exam. I withdraw the app…

    Asked by Mr cue, January 30, 2023

    • cavc remand
    0 votes
    8 answers