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

3,123 questions in this forum

1. C-File, does RO's claims specialist opinion / interpretation of evidence, appear in C-File?

   Just wondering, does the RO's claims specialist opinion / interpretation of evidence, appear in C-File? Thank You

   Asked by MKAH, September 29, 2017

   0 votes
   39 answers
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3. appealing

   start 8/12/2012,Awaiting Place on the Docket for 2 years now

   Asked by waltbarb, October 10, 2017

   0 votes
   1 answer
4. Question about Claims and Appeals

   If you have some Appeals already waiting for docket numbers and now want to file a brand "new"claim would that impact the existing Appeals process in anyway, or do they run on totally independent on different channels?

   Asked by Wayne TX, October 10, 2017

   0 votes
   3 answers
5. ptsd reconsideration

   I was previously denied a ptsd claim due to no treatment or diagnosis. The exminer filled out the initial DBQ but it failed to show any mental diagnosis. These past few months I have been in treatment at the VA and they recently diagnosed me with PTSD. I just filed a reconsideration on the previous claim and sumbitted the VA diagnosis as new evidence. Would it be possible to have a private psychologist fill out a review DBQ at this point and submit it with the reconsideration?

   Asked by redgnr04, October 9, 2017

   0 votes
   4 answers
6. Big Mistake! VA forgot to add Disability

   Hello all. Want to first thank everyone for helping. The information we have received from you all has been incredibly helpful. My dearest husband just received his award letter and the representative forgot to add in two of his disabilities related to his back into the overall rating. He has been recieving these two benefits for several years now and neither of them were mentioned or addressed in his award letter. It simply looks like the VA rep. made a mistake. What should we do and how long does it take to fix a mistake like this? Any ideas?

   Asked by Raitha, October 7, 2017

   • appeal
   • disability
   • mistake
   • rating
   0 votes
   1 answer
7. appeal....dro hearing request

   hello all......thank you all for your service to this country and also thank you for the help and advice that you all give to veterans with less knowledge. i have a question about appeals . a large part of my claim. which was recently denied depended heavily on marker evidence, i e evaluations, letters of counselling, reprimand ect and i believe a large part of that evidence i believe is in my active duty personnel records. i assumed that v a had these records but when i requested my c-file those records nor my active duty medical records were included. i made several .attempts to the nprc for those records but they havent been able to locate them. so i guess i have a tw…

   Asked by AirForceVet81, October 4, 2017

   0 votes
   2 answers
8. Migraine Increase Denied. Suggestions Please.

   I was originally awarded 30% in 2002 for tension headaches with features of migraines. I've been seeing a VA neurologist for the past year and a half and my headaches have gotten progressively worse, this is documented in my VA medical records. I had to quit my job due to absences and the inability to travel as frequently as the job necessitated. I decided to apply for Ch. 31 educational benefits and was approved due to service connected disabilities requiring me to quit my job. I'm currently a "full-time student" but my schedule is quite minimal. Tuesday I have 3 classes throughout the day and I have 1 morning class on Wednesday and Thursday, that's it. I know th…

   Asked by K9MAL, April 5, 2014

   0 votes
   44 answers
9. NOD VA 21-0958 No DRO HEARING Box to Check WTF

   There is no place on the NOD 21-0958 for the Vet to specifically request a DRO Hearing, as opposed to a DRO Review. What's a Vet supposed to do? I'd say a VET or his VSR should attach a "Stmt in Support of Claim" to his 21-0958 specifically requesting the "DRO HEARING" as opposed to the DRO Review. Failure to do so, could result in an unexpected DRO Review Denial and SOC. Next stop BVA Hearing, 3+ years down-range, not good. A Hadit Vet recently told me the DRO Hearing option was no longer available. As yet I haven't seen anything "VA Official Directive" attesting to that statement. Prior to the VA issuing an Official NOD 21-0958 form (Sept 2015), a Vet could n…

   Asked by Gastone, September 29, 2017

   0 votes
   1 answer
10. With the Lawyer or without?

    Okay, received a notice that the personal hearing that I requested to appeal my TDIU claim denial has been set for October 3. I appointed Jan Dil law firm in February of this year, they were sent the notice and I emailed my notice to them. They called and want to reschedule because they have not received my military packet from VA yet. I told them that I do not want to reschedule and wait another year for a new date. They said I could attend the hearing but they would have to withdraw as attorney. So my question to all of you is this, "Do I attend the hearing and bring in the witness's that I have along with my statements from my shrink and counselor and let the attorney…

    Asked by penmar, September 27, 2017

    0 votes
    7 answers
11. Appeal Question to ask

    Got a question....I filed five NODs 17 months ago....... eBenefits under Open Appeals for these 17 months just said - Appeal Pending -Notice of Agreement received and dated. Well, sometime over the past week days that changed to Appeal Pending - Statement of the Case (SOC) VA has received your Form 9 and will begin completing final actions regarding your appeal before it is sent to the Board of Veteran's Appeals. I requested a DRO Hearing when I filed NODs. Is this just routine procedure to be sent a Statement of the Case at this stage? I have not received a DRO Hearing date yet?

    Asked by Wayne TX, September 23, 2017

    • appeals
    0 votes
    28 answers
12. Is this considered for backpay

    What's up Fellow Vets, I have a question about back pay. I was medically discharged from the Army in 2004. In my VA paperwork, prior to discharge, I claimed my asthma ( which I am 30% sc) and my left hamstring stains. I was approved sc for my asthma (30%) but my the claim for my leg was denied because they said it wasnt a chronic. Since my discharge, I have re-injured the same hamstring at least 2 times a year. I am currently receiving physical therapy for the same hamstring at the VA hospital. I noticed on Ebenefits that my claim for my leg was still there waiting to be reopened, so i clicked the option to reopen my claim. Do you think I have a case for my l…

    Asked by Organized_Chaos, September 27, 2017

    0 votes
    1 answer
13. Veterans Law Judge no longer works for VA and my appeal

    I entered a claim in April of 2009 for secondary service connection, claim to my lower back. As a result of my appeal, I got a letter stating that the Original Veterans Law Judge is no longer with the VA and that according to USC 7107(c); 38 CFR, 20.707 my case has been reassigned to a new Veterans Law Judge. They say that they have a transcript of the original hearing and can make a decision based on this transcript. I asked my Vets Advocate, VFW, to assist me in this matter. The original hearing was looking for service connection in my service record. There was only one entry in my Service sick call record that was accordingly un-readable. My claim was refused. I've ha…

    Asked by Treymon, June 30, 2017

    0 votes
    15 answers