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

3,123 questions in this forum

1. VBA hearing Sept 10

   I'm set to have my hearing at the VBA, Sept 10. I am going for increase of bilateral hip arthritis rated at 10%. I was wondering can I use a case out of the 1st Circuit Court of Appeals, dealing with pain. Case is Saunders v.acting secretary Wilkie. The three panel judges ruled in veteran favor that pain is a disability. I was treated in pain clinic for years ,for bilateral hip pain. 17-1466.Opinion.4-2-2018.1.PDF

   Asked by unclejoe1, August 22, 2018

   0 votes
   1 answer
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3. Need Opinions

   Am rated at 0% fro scars. Applied for an increase. Had a C&P examination for the increased scar rating. The DBQ of the examiner clearly pointed out two characteristics of scars which would have entitled a rating of 30% Instead of granting the increased rating, the VA failed to award an increase and failed to send a written decision notification giving the rationale used for no increased rating for scars. After calling and sending an IRIS inquiry on the status of the adjudication of my increase, I am told that the VA placed my denial of an increase back into NOD/Appeal queue. By failing to provide the required written notification/decision…

   Asked by 63Charlie, August 15, 2018

   0 votes
   5 answers
4. Received a call from Client Service about my Appeal

   Yesterday, I received a call from Client Service regarding my Appeal that’s currently on the the BVA Judges desk. I missed the call; however, the lady left a message stating that she will call me back. I called the number back that was on my caller ID and the operator stated the lady that called just wanted to give me an update on my Appeal and will call me back. Has this happened to anyone else? I had several appeals go through the Board but never have I received a call about my Appeal. What is Client Services? Thank you!

   Asked by Sailorman, August 18, 2018

   • appeal
   • bva
   • client service
   0 votes
   2 answers
5. Retro pay and changing ab8

   They gave hubby 20% increase in diabetes. Which he was at 80, so it brings him to 90, so how long does it usually take ebenefits to catch up and show on the AB8? They made decision on the 30th of May. They are only paying it for tw yrs. it is not going back to the Jan of 12 when we filed it. Their reasoning was that in 2012 the our doctor put down that , he was on insulin, restricted diet, and limited mobility. And theva dr said he was not on a diet. Spouse he could tell that from just looking.? And then when it went to bva we had our drs. Write up a letter, that said hubby was on restricted diet, insulin, and restricted activities. So as not to drop his sugar to…

   Asked by treysnonna, June 13, 2018

   0 votes
   12 answers
6. BVA Decision Letter Arrived

   I was pleasantly surprised to receive my decision letter early this week (22 April) as my BVA hearing was ~ 14 Feb 2018. In any case, the BVA granted me a 60% rating for a service connected disability previously rated at 0% effective November 2010. My questions is this: How long does it "normally" take for my revised disability rating to be reflected in my VA eBenefits account summary and how long before the monthly electronic funds transfer catches up with the BVA decision? Thanks for any feedback

   Asked by CaptMike-H53driver, April 25, 2018

   0 votes
   18 answers
7. Veterans appeals and RAMP (Rapid Appeals Modernization Program)

   Hello. I have had a claim in process for the last 2 years under the current "Legacy" appeals process, I submitted VA Form 9 and additional evidence, now waiting for a BVA hearing. I recently received a letter from the VA informing me of the "RAMP" program. The letter included a form titled "RAMP OPT-IN ELECTION" offering invitation to participate in this new program which it claims that by choosing to participate in it (and leaving the current Legacy program) it may lead to an earlier resolution of my claim and/or appeal and may help avoid delays being experienced in the current claims process. I have many concerns in opting out of the current claims process, will op…

   Asked by Martell, January 5, 2018

   0 votes
   35 answers
8. ANYONE MEMBER SC FOR RADIC AND OTHER NERVES?

   MY QUESTION IS TO FIND OUT IF ANY MEMBER HERE IS RATED FOR LOWER EXTREMITY RADICULOPATHY AND ANY OTHER NERVES

   Asked by paulcolrain, August 12, 2018

   0 votes
   4 answers
9. It's Official! Awesome BVA Decision Received. Appeal for EED?

   I received my BVA Decision Letter this afternoon. I feel totally vindicated in that the judge repeatedly pointed out that my STRs and medical records plus nexus letters and IMOs provided the basis for granting Service Connection, while the C&P medical examiners and the VARO failed to thoroughly address several issues of secondary SC, thereby denying my claims based on "inadequate" negative opinions to which he assigned "no probative value". Wow. Just wow. I had some incredibly good nexus letters/opinions from several doctors, some specialists, but they were ignored in the 2011 denials and subsequent DRO Review. The effective date for TDIU and SMC (s) was …

   Asked by acesup, August 10, 2018

   1 vote
   8 answers
10. great bva letter arrived....can the judge allow paramid?

    not wanting to get to involved in the absolute of this but,,,,, has anyone heard of a Washington DC Judge find his way around pyramiding....? his order describes that i DESERVE A HIGHER RATING IN ADDITION TO THE ALREADY BILAT 10%,,,, THEN EXPLAINS WITH DETAIL THE NEW SERVICE CONNECTIONS... MY POINT IS,, A LAYMAN WOULD NEVER PUT THIS BEFORE A JUDGE AND WOULDNT KNOW INS AND OUTS OF LAWS THAT THIS JUDGE DOES......THE JUDGE IS ORDERING THE RIGHT TO PYRAMID BUT HE IS DESCRIBING IT SO DIFFERENT IN LEGAL TERMS THAT IT IS NOW CLEAR OF PYRAMID .......... SO THEN THE QUESTION REMAINS,, COULD THE RATER OVER RIDE THE JUDGE??? IM DOUBTFUL THAT COULD HAPPEN EVER...... …

    Asked by paulcolrain, August 11, 2018

    0 votes
    7 answers
11. Awaiting my NOD outcome

    I filed a NOD in January 2017 for limitation of ankle (Right) motion , left Knee strain, lower Back pain, bilateral Plantar Fasciitis and Insomnia (they listed as dysthymic disorder). Since I filed the NOD, I received 30% for persistent depressive disorder (dysthymia) with anxious distress which includes chronic sleep impairment. I currently have a rating of 40% (VA math of 43%). On eBenefits it shows a completion date in November. The wait is driving me crazy. In April I had a C&P Exam for my Ankle, Knee and Back. I received a copy of my C-File that included my C&P results. She directly SC my Ankle stating: Lateral Collateral Ligament Sprain (chronic)…

    Asked by Patton, August 12, 2018

    0 votes
    4 answers
12. After 9 Years, BVA Finally (Mostly) Granted, Drop Remand Issues?

    I'm 70% SC (50% for depression, 40% lumbar spine, 10% + 10% lower radiculopathies). I put in for several secondary and/or aggravation issues which VARO denied way back in 2009, went through DRO review in 2011, then filed Form 9. Checked vets. gov yesterday, got this information Current Status The Board made a decision on your appeal The Board of Veterans’ Appeals sent you a decision on your appeal. Here’s an overview of the decision: Granted The judge granted the following issues: Service connection, sleep apnea Service conn…

    Asked by acesup, August 8, 2018

    0 votes
    16 answers
13. Disability Percentage Changed

    I was just granted a additional 20% for Dry Eyes, if i add this new 20% to my Current - 20%,30%,10%,60%,30%,10%,20%,10%,10%,10% will i be at 95% which would take me to 100%?

    Asked by recdir, August 12, 2018

    0 votes
    5 answers