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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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Loss of use more VA games to watch for
Well I just thought I would bring this up it may help other watch for this game. Loss of use under smc benfits. Well the game is the VA will keep ordering exams stating the examiner need to tell if you have remaining function. The VA manual even state to use considerable care when ordering exams. Well in my case I have had 6 comp exams the specialized loss of use exam. An they still wouldn't address my case smh . Just venting a little Ok here is the rule on smc . Responsibility for Determining LOU The responsibility for determining whether there is loss of use (LOU) of an extremity • rests with the rating activity, and …
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BVA Wait Time Changed Again
Well, it looks like someone at the VA/BVA has been playing with crayons or markers. They have increased the Decision Review Time, but it is still outdated because a lot of us are still beyond this time frame. https://www.bva.va.gov/images/appeals/ama-appeal-adc-adp-small.jpg Decision wait times - Board of Veterans' Appeals (va.gov)
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BVA Time Frame Changed Just a Little
Even though it changed it only changed very little and it is still out of date. Most of us have pending appeals that already surpass the 365 to 381 completion dates. https://www.bva.va.gov/images/appeals/ama-appeal-adc-adp-small.jpg Decision wait times - Board of Veterans' Appeals (va.gov)
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Should I Submit an SC Increase(PTSD) While Waiting for a BVA Decision?
Good morning, I want to put submit an increase for two SC conditions, however, I have two other conditions pending adjudication via appeal in different stages. I'll outline below. My question if I submit the claim for an increase, is the VA likely to lump all my claims together (SC and Appeals)? Should I at least hold off submitting the request for an increase until after the OSA is adjudicated. The years are going by quickly and it seems the VA is taking longer and longer managing claims. I would prefer not to belabor the process if this was the case. Thank you everyone for your advice. HLR - Submitted September 2022 Disability compensation appeal - Status …
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BVA timeline
After filing for an increase in Meniers from 30% to 100%, i was approved for 100%. When i obtained my decision, I was granted 100% from the time my doctors dbq/nexus was submitted to the day the PA (PHYSICIAN ASSISTANT) c&p saw me. So, for that short time, i was granted 100% and it was taken away from a lesser medical profession and not a specialist either. So, for obvious reasons, i filed a bva direct review and was approved for a hardship claim. This was submitted January 11 2022. my docket # is 220111-210676. After checking bva decisions, there are hundreds of claims submitted AFTER mine that have been completed. example. 220111-213432, filed on the same day, hundr…
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OSA with CPAP secondary to PTSD?
Okay, tried to update my original post but I think it's getting lost..... I had a sleep study done from the va in 2011 that showed OSA but a cpap was never ordered. I also have a claim for PTSD, which I rated at 70% for. When I try to claim the OSA now, even with the VA now ordering the cpap after another sleep study (through the va) has shown that the osa has only gotten worse (and recognized snoring as well), the VA denies my claim and files it under PTSD. My VSO says it's not worth trying to fight for osa secondary to PTSD and showing the osa has gotten worse, but, I thought once you are ordered a cpap, it was easier to get rated for sleep disturbances or i…
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Filing a NOD to correct an effective date
I have received a rating decision that granted me disability for my back and neck. I made the claim 08/10/2021. Back in 2008, I filed the same claim but as I was fresh out of the Navy I was not able to take off work to attend the appointment, so my claim was denied. Fair enough, I get that. However, in 2017 I put in a supplemental claim as my issues were getting worse. The claim was denied because: "The claim for service connection for back pain is considered reopened. However, the evidence continues to show this condition was not incurred in or aggravated by military service. A review of the evidence shows you were previously denied for back pain by Rating…
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Cavc remand back to bva for 2 nd time
Well really just venting and pointing out something that are keeping me up at night smh. Ok this is the court addressing my increase from 70% to 100. The Court need not reach the issue of whether determining occupational impairment for the purpose of evaluating a service-connected psychiatric disorder and employability for the purpose of awarding TDIU are separate questions, because the Board in its November 22, 2021, decision, failed to consider all relevant evidence. the Board found that there was “no indication” that the psychiatric disorder “would totally impair his employment,” but it did so without discussing its potentially favorable January 202…
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I have decided it is time to file a CUE, now or never
Ok, so I have decided now or never as my health is still going downhill. Looking at a cue, using some info from these forums reqarding examples of CUE's. I put together the following draft : (I wasn't sure about the including of all the paragraphs in the dating decision, so while P printed them all in that last letter of entitlements granted, I emphasized the one that is more to the point of the CUE.) Veteran: XXXXX XXXX XXX-XX-XXXX Litigation Support Branch Board of Veterans’ Appeals P.O. Box 27063 Washington, DC 20038 Claims and Appeals regarding Necrotizing Pancreatitis an…
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Bva direct review with hardship
Long story short, had 70%, filed for increase per my specialist/doctor dbq and nexus. Then, after receiving decision, I was rated 100% (meniers) for a month and then after their c&p results from a PA, I was taken back down to 80%. Obviously making no sense and going against a doctors literature over a PA from the cp exam. Bva higher level review filed in January and hardship claim approved a few months after. Approx 2 months ago I was told the appealette briefing was conducted. Any update, experience, or stories with bva and hardship claims? Thanks.
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EAJA legislation appeal
So just trying to figure this out... I have an appeal to vba for eed and have a lawyer helping..we have a 20% contract... if it gets denied and I appeal to cavc, does that null our contract since they would then be paid under EAJA legislation? Seems like yes but I can find nothing in writing saying so...
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Duty to assist
Ok I have been looking and I don't see this address anywhere. Can a veteran waive the VA duty to assist. Say a veteran believe he has evidence in his record to granted benfits. Why can't the veteran waive VA duty to assist. If a veteran has had 7 exam for the same issue. When can the veteran say make a decision on his or her evidence. An the exams Seem to me the VA has all the power to delay order exams deffer all based on duty to assist. An it doesn't seem to be assisting veterans. I understand this is a good thing for veterans who are apply new from service. But veterans with 20 15 10 years of records and may 7 bva decision…
0 votes5 answers
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