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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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VA response to Howell v Nicholson
I am just lose I can't even believe this smh Here is the VA answer on this part of my case on the effective dates for smc s and l First they are saying I didn't address what decision smc should have been give Lol. Tho that was the VA job but I pointed it out many times. Second smc benfits are to be inferred. The VA lawyer is try to call it informal claims. Smh. He don't even address the Howell v Nicholson percendent. This crazy Then the lawyer stated it was a harmless error that they never address me been confine to my home. The Howell v Nicholson percendent. This is the most crazy process. It's with the judge now so we …
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BVA win of medical reimbursement claim
I posted this before, but I've got a question. On 2/24 I won my BVA appeal for medical reimbursement. Today I called Peggy and was told there was no information in my file, but she could see the claim and it had been closed. No copy of the Order or what was happening. So she put in a request to find out where it's at and what's taking place -- should hear something within a month. I think it's at the Bay Pines RO waiting for a rating decision. Which seems stupid because there's no backpay or disability involved. Has anyone here had experience with this kind of claim? Or how long it takes to receive the reimbursement? Thanks
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First BVA hearing help
Greetings family and Happy Easter. This is absolutely my first time ever appealing a VA decision and I do have a hearing next week and must say that I am very nervous and a cry for help is needed and hopefully that experienced family can answer that call. I do have a Rep, but nervous about the process. Will the BVA request for me to have an opening statement or my rep? What is important if I have to make the opening statement? I have many more questions but I will stick with this first. Thanks in advance for answering the call for my cry of help.
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VA lawyer brief on the effective dates smc s and l
Well I guess it is some what good but I still got to see the judge to get them to address everything. Ok they are say smc l basically back to 2014. They want to remand to address this. But for the smc s housebound by fact.they are still playing games. Now smc is a informal claim smh. The VA was to maximize my claims back in 2001 and 2012. They will not address the housebound by fact. Howell v Nicholson issue. Well I will talk with lawyer we will win that to all he has to show is the tdiu decision 2001 and the extra scheduler tdiu decision 2012. Which granted tdiu from 1993-2001. The VA has been aware that I have been confine to…
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The Power of 38 CFR 4.6 regarding CUE
https://community.hadit.com/topic/60717-the-power-of-38-cfr-46/
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Advancement On the Docket
Well, my appeal was advanced on the docket, can't figure out why it is taking so long for a new decision. This claim stems from several BVA decisions that directly service connected my disability to my military service. The Regional Office low balled my rating, then increased my rating due to a NOD, then screwed up my effective date, then decreased my rating. The BVA ordered the RO to restore my rating, assigned an EED and ordered the RO to determine if my initial rating should have been rated higher. Due to the fact that this appeal has been in continued pursuit, pending and assigned an EED, can't figure the hold up. All evidence proves that symptoms has been consistent …
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Should I file CUE or just cite 38 CFR 3.156(C)
I am in the process of working on my appeal for an EED for Bilateral Pes Planus with Plantar Fasciitis rated at 50%. Here is a history of my claims. 1. Filed a claim in 2001 to file for foot disability with a VSO. Nothing was done about it. The VSO made a couple requests following up and it was ignored. 2. Jan 2002 with a different VSO my claim opened. It is denied by the VA stating that service records show no complaints of claimed disability. I did not appeal. 3. Filed again in 2009. Claim was denied because I did not submit new and material evidence. 4. Filed a NOD in 2010. It would take the VA 3 years to respond. 5. June 2013 - I get …
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Howell v Nicholson
Ok here is the way the lawyer word the issue. I am happy now we just waiting to see who is going to address it. The VA brief is due in 20 days they will try to get a extension I guess the court will give them 10 extra days. So about 30 day we will see how the veterans affairs lawyer answer it. Only thing that bother me is he is not showing that I have not been able to leave my home to make a income since 1993. But hAy I could get it all address. 2. The Board’s statement of reasons or bases denying an earlier effective date than May 9, 2018, for SMC based on housebound status under 38 U.S.C. § 1114(s) was inadequate. Pursua…
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Download Decision Letter
Hi Everyone I opened a claim for an increase on my PTSD on the 6th of April and I checked today and it was closed. I wanted to know is there a way to download my decision letter online because to have the case closed after 2 days is pretty quick and I wanted to find out the reason why. Thanks
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BVA to CAVC now back to the BVA
This claim is from 2014. I did the DRO and got nowhere I have been to the BVA and back to the regional office with a partial award. I then appealed to then appealed again to the CAVC with a lawyer and it was sent back to the BVA then to the RO and was awarded with the wrong EED. It was then appealed by my lawyer as it was sent back to the BVA as not being correct as they put the date as 2021. They missed it by a few years. I have been sitting back at the Board again since last June. I thought this would go back to the front of the line, but it just seems like a new line. Has anyone had a current appeal that was sent back? Then how long did…
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Need to vent again smh
Man I am get really mad at this whole process now. I really feel like I am been put in a place to fall. There is no way the court can address it own remand order. The court set a side my effective date granted 2018. An remand it back to bva. The bva remand the same effective dates set aside by the court. To be granted in the first instance. So now I am back at the court appealing the same effective dates the court set a side. An no one will address it. My cavc remand has been process in the new ama system. They removed it from legacy appeal and the court remand docket When I never check the box to remove it on the nod mail to …
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