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

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3,124 questions in this forum

  1. Appealling incompetent rating

    The VA proposed incompetent and then rated me incompetent. Now they sent me a letter about the Brady Act. If they summit my name for Brady Act, it will cost me a bunch of money to hire an attorney and many people are not successful getting their name off the gun ban list once it is put on. Has anybody gone through the VA appeal process after the VA found them incompetent?

    Asked by Solo,

    0 votes
    8 answers

  3. Appealing Denial for SMC T based on SMC R2 criteria

    Has anyone on this site put in a claim for SMC-t? Do you know of anyone who has been awarded it? I am the sister of a pre 9/11 veteran who has been rated at 100% for TBI P&T. I am his full time caregiver and have been appointed his fiduciary. I also have helped him with his claims...and have done well, until this one. I do my best to give him a high quality of life, but need to hire because his body is fit, but his memory and cognitive skills are in constant decline. He is a textbook case for SMC T because, in addition to the first 2 requirements, his VA neurologist has also filled out the forms to state that "Without regular in home care the veteran would need t…

    Asked by SupermanCannedy,

    0 votes
    25 answers

  4. Retroactive Pay Calculation

    After 2.5 years, the VA finally processed my NOD which resulted in a 100% rating. I’m very grateful for the help and feedback from Hadit over the past few years. However, I have one more favor to ask. I received retroactive pay based on the effective award date, but it was half of what I expected. I calculated approximately $30k in reto pay vs. the $16k that the VA calculated. Since the NOD took 2.5 years, I had other claims that were processed and awarded during this time, which is outlined below with the effective dates. The sleep apnea claim is the one for the NOD. The calculator that I used to determine retro pay is https://www.hillandponton.com/va-retro-di…

    Asked by bolt_vet23,

    0 votes
    1 answer

  5. Officially Docketed

    Hi all, Today I received the official letter letting me know that my appeal was placed on the Board's docket. It goes on to say that my appeal is being reviewed by my VSO rep. Now of course it want move anymore until the DAV do their review. My question is: do anybody know how long the VSO review usually takes when it's at the board?

    Asked by saxman,

    0 votes
    2 answers

  6. RO waiver on BVA Remand question

    I am new here & posted a longer history in the PTSD section. I have a (hopefully) quick question. I already sent my argument to SSOC with some new evidence in a week ago. The claim is at the Cleveland RO currently (which I hear is the worst) on a remand from BVA. Can I send in an RO waiver at this point, or will the RO be reviewing evidence/developing from what I just submitted? In looking at CFR 38 & M21-MR, It sounds like the waiver only applies if the claim is currently at the BVA & prevents them from remanding to the RO for evidence review. Should I resubmit what I sent with this waiver or just sit back & wait u til the RO certifies again…

    Asked by Navy62Spouse,

    0 votes
    9 answers

  7. EBEN/SOC

    I logged on to ebennie today and saw the following. I'm not familiar with the SOC, but I don't want to jump to conclusions too fast. Anyway, since I didn't understand this, I'd decided to call 1-800-Peggy, to which the guy said that my SOC were mailed out on November 14th for both appeals. He couldn't give me much info about it. My question is...are all SOCs denials?

    Asked by Prettypantha,

    0 votes
    5 answers

  8. Appeal is at BVA and with my rep at the BVA

    My 2014 appeal is at the BVA and is with my DAV rep at the BVA. I have a 2015 docket number. my question is: does this mean my appeal is getting close to being assigned to a judge? I know the appeal was looked at by DAV when it was with the local VA office so why would it need to be looked at again by the DAV ?

    Asked by saxman,

    0 votes
    4 answers

  9. Satisfied with Appeal except.....

    Hello, I just recently had my 7 year appeal completed! YAY! I'm very happy with the outcome of it except one of the disability's that they denied me on. Everything else looks wonderful. Except I was denied TMJ/ Teeth grinding secondary to PTSD. Out of all the issues that I appealed, This is the one that bothers me the most and this why I'm trying my hardest to get it approve. I have taken all the necessary steps to getting all medical records from the various doctors and I honestly think I have more than enough evidence here to win. However, at this point I'm not to sure on how to properly respond to the appeal. I don't want to seem like I'm being greedy or someone tha…

    Asked by Wjason777,

    0 votes
    3 answers

  10. NOD question pertaining to DBQ's and Nexus

    Hello, Just a quick question, I filed my NOD over a year ago with DBQ's and Nexus letters etc... do I have to go and get all new DBQ's and Nexus letters since it's been longer than a year and it hasn't been decided yet?

    Asked by Rootbeer112,

    0 votes
    1 answer

  11. Movement on BVA Remand

    I'm currently going through a remand with the BVA for unemployability and a few other things. This morning (2) new claims showed up on ebenefits. They are: 1. Mqas Review Prev Wh SSB Gross.. $dollar amount received 2. Mqas Rating Backfill... The SSB Gross is what I received as an incentive to separate from service....(early out pay) When I got my first disability rating, which was 20%. I didn't receive any disability compensation for 10 years. The VA said they had to re-coup this amount before I would receive any payments. Got my first disabilty payment in 2003. Why would they be looking at this ? It has nothing to do with my current claim. What does M…

    Asked by devildog2061,

    0 votes
    2 answers

  12. Appeal with represenative at the board-Do I need to send current Medical records?

    I have 3 years of VA medical records which where not sent with my claim. I was wondering if the representative will look at my medical record to build my case? It is at the Board. Thanks for the help!

    Asked by ShrekTheTank,

    0 votes
    3 answers

  13. CAVC Briefs

    I'm working on preparing my brief to the CAVC on my appeal having received the Record Before the Agency (RBA). Searching for the initial EENT consult in the RBA now. Have it in a CD sent to me by the VA Records Management Center earlier. Does anyone know the date of "liberalization" of tinnitus allowing the rating of 10% for noise induced loss instead of only as secondary to a TBI? Is there a reference? Docket 17-2990 The following is in the RBA. 1) RBA Pages 4255 & 4254; The Rating Decision of 2-25-76, RO did not do investigation of injuries medically, only for “in line of duty” determination. a) CUE: RBA page 4365 dated 4/5/65; 4/4/…

    Asked by Lemuel,

    0 votes
    1 answer


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