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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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DRO appeal partially granted
I received my initial claim decision in Oct 2017. I appealed some parts. On Jan 28, 2020 my appeal was partially granted, which bumped me into the 100% category. It was an accident I found out. I was on the phone with someone from the VA and they mentioned I was 100%. After some going back and forth we realized I was just pushed into 100% because my appeal was granted like an hour before we were on the phone. So now, E-Benefits has not updated. It still says 90%. So my question is, how long before I show I am 100% and how long until I receive the back pay? Thanks in advance!
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Do NOT submit 2nd form for TDIU on appeal
Sorry I wasn't sure where to post this so I will post here and in the TDIU section as well because I want to help my fellow veterans who may have come across this same issue and had gotten confused just as I did. My TDIU is currently on appeal at the BVA and shortly after a CP I received a letter from the VA stating my appeal had been remanded for further development and that they needed additional information from me. The letter stated I may be entitled to TDIU and to fill out forms 21-8940 and 21-4192. Ok great! Except I ALREADY filled these forms out and that is what is currently on appeal. So I called the 800 and asked "do I REALLY need to fill another form out" to wh…
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EXPEDITE
I guess there is no real answer to this. It been dealing with jacked up awards from from my VA Regional or the typical “they didn’t see it” since 2012, especially with SMC/Special Monthly Compensation to start was medically Retired in (2012) for PTSD/Cognitive Impairement from IED Blast in Afghanistan. When I medically retired in 2012, I was already approved and awarded for SSDI for TBI, Migraines,PTSD,Adjustment Disorder from SSDI all service related disabilities, then a month after I retired and sent home I was approved for the VA Caregiver on the highest Tier level with my spouse now ex spouse as my va approved caregiver but wait it gets better, so I was medically …
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Its granted
Well today did my weekly check of va.gov. It say smc grant smc granted can see anything else. Call told the decision should be in mail 7 to 10 days My mind is racing I DNT no what smc got granted. ? Can I go to regional office an get a copy of the letter. Smh
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BVA and SOC/Ramp narrative changes
So, awaiting my hearing - filed in April 2019 - originally went through PEB/MEB - then filed my "first" claim in 2015 This is something that has been sitting in the back of my mind about my claim (4 contentions in appeal, TBI, back, bilateral neuropathy, etc.) that has me puzzled. When my VSO and I sat down an looked over the paperwork for filing, I took note that my other issues on appeal are being claimed as secondary to tbi. I feel as if trying to SC on secondary may be in question, though the SC is not. I'm wondering if this may hurt my claim or not because it wasn't until recently that I was SC'd for PTSD(after 3 years and several denials) (Clai…
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No question just an update
OK, no real question here just an update of what has been going on with me. First paranoia is a bear when your computer is hacked and your bank card stops working for no reason and you lose everything and have to start over. Now the fun part, after denying my claim and appeal for years and then denying my CUE claim, VA has now decided that my original claim is still open and pending. This is really crazy, I really don't think they (VA) know what is going on. My original claim is from the (NWG) NOT WELL GROUNDED ERA back in 1998. VA denied the heck out of this claim until I decided to get a lawyer and my claim went to CAVC and then remanded back to BVA and my local VARO…
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Claim increase
Good afternoon. I’m new here so please bare with me. I have a question if someone might guide me in the right direction. I served in the Army from 93 to 96. I think in 95 I had reconstructive ankle surgery due to stepping off the edge of the road sometime in the middle of the night and tore it up. It was a 25 mile forced road march. I was 11b. Anyway had the surgery then separated in September 96. Everything was going good. Started a career in early 97 and still on the job. Back in 2014 I was told I could file for disability due to the injury and having to have surgery. So I did and received 10%. Around the beginning of 2019 I started having a little pain at the end of th…
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No question, Just an update on Appeal/Remand
Just an update and some background to help anyone understand the attached correspondence from the AMO. My husband's appeal for IU was remanded by the Judge in March 2018 decision (migraine increased to 50%, IU remanded). He had previously applied for IU in May 2017 after his hearing for increased migraine rating. He was denied IU in December 2017. We began to receive correspondence from the VA in April of this year (2019) requesting the documents that the judge ordered in the remand. We faxed those in immediately. Then no other correspondence for awhile. Then in October, we received more requests (including medical records, 21-8940, 21-4142). We uploaded all of t…
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Can I Appeal The Effective Date? Sleep Apena
I was awarded 30% service connected for sleep apnea when I left the military in 2008. In 2013, I was directed to and took another sleep study. It was found and the VA agreed that I needed to start using the CPAP. VA reviewed the evidence, agreed, paid for and I have been using the CPAP since 2013. In Sep 2019, during a review of my records, my representative informed me that using the CPAP meant that my SA rating should be 50% versus 30%. I filed an increase claim and was increased to 50% with an effective date of Sep 2019. Shouldn't the effective date be April 2013 when the diagnosis was received and approved? I checked and the 50% rating for using a CPAP was in place i…
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Remand question
Hello. I have had my remand sent to 5 RO's within the last two months. It is now back to the NWQ. Can anyone please tell me what is going on. Thank you all for your time. Ed
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Confused Why Money Showed Up Today from the VA
I looked at my bank account online this morning and I had a surprise, I had received money from the VA. Now I had won an BVA decision back on 7/2019 and as far as I know I have already received all the retro pay for that. I had to do an HLR for an EED since the RO messed up the date. But mid-October the HLR was approved with the correct effective date and I received my first retro check. In the letter it stated they held part back while the calculated CRDP. I received that retro check about 5 -6 weeks later. Now I had calculated on what I should get and between the two retro checks it was what I had expected. I have no idea what this money is for, I do have two claim…
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Denied GERD increase, Possible NOD?
Hello all, A bit about my situation. I was rated TDIU and recently filed for an increase on some issues that the BVA denied. I was increased from 10% to 40% each knee, and 10% to 20% for lower back. This put me in the 100% P&T threshold. I also filed for an increase with my Hiatal Hernia. Below is there reasoning for denying an increase of GERD. They list all but one contention that would need to be met, but what they fail to understand is I have constant arm/ shoulder/ upper chest pain from an AC separation which I am also service connected for. So when asked my symptoms I would have never guessed besides having upper chest pains that my arms and shoulder would be e…
0 votes2 answers