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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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Claims denied without C&P Examination
My husband filed claims in late Jun 2016 for GERD and ED, secondary to meds he's been taking a very long time for service connected disabilities (pituitary tumor residuals, HTN included in the pituitary residual award, adrenal disorder, and IHD blood thinners). With his claims, we sent records from his treating non-VA doctors, a list of all his prescriptions, as well as where they're being filled (most from the VAMC here) and Rx number, plus documentation from the online sites for each specific drug that lists the possible side effects. We found out today via Ebenefits that both were denied and this was done without a C&P exam. We haven't received the decision yet…
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Claim Clinics
I was informed the American Legion in North Carolina is sponsoring Claims Clinics throughout the state. The Claim Clinics are supposed to be a way for veterans to speak with raters and DRO's and make a case for their claims to be approved. I have heard its a huge success because veterans are getting favorable results. You must bring all paperwork and medical records. Does anybody know if this will be expanded? Especially to Maryland, Texas, Alabama, and Florida.
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Form 9 and new NOD
Hello everyone! I filed a form 9 on 30 Nov 2015 and it's still waiting to get certified by my local RO. I have another NOD to file but I'm worried that the VA will combined the two appeals together and make the current one take even longer. Has anybody ever experience this before and what was the outcome? Any input is truly appreciated ! Thanks in advance... The date of the first NOD is July 2014!
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Form 9 question
Hi all, I perfected my appeal Nov 2015 and on my form 9 I pointed out a regulation that wasn't followed. Will my appeal still go to the BVA just to be remanded or will the RO correct it? Thanks for all the help here on Hadit!
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Is this legal?
Brief summary of claim. Issue's ON BVA remand. Asthma, migraines, and all other respiratory conditions (bronchiolitis, sinusitis, rhinitis). Regional Office denied migraines March, 2016. Granted Asthma March of 2016. (1 day after denying Migraines) Received Statement of case. Notice of Disagreement sent day 3 and verified of 30 day response deadline. Note- On the NOD, we specifically asked the RO to further develop a nexus for migraines being a secondary to asthma (which was now granted) We also wanted them to address the other breathing conditions mentioned as per remand order. Yesterday (5 months later) after being told it was being further deve…
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NOD denied and errors to boot! Need opinions
I posted this in my other ongoing thread but I want this brought to the forefront. I was recently denied by WACO DRO Steve Wilbur and I believe I was retaliated because I simply asked Robert McDonald in an email to step in after 6 months of waiting for a decision when the DRO told me in the informal hearing to give him 60 days. My hearing was 45 minutes long and I was well prepared. The DRO Steve Wilbur has a very bad reputation at WACO for denials. I received a call from DRO Wilbur on August 18th, 2016 stating he received my request for a decision. He told me he would be deciding it within the week but in fact he had already decided it that day! Now I have yet to r…
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DRO APPEAL
Berta, Thanks for all The Insight over the years.. APPEAL Homebound question... Im 70% P&T, IU, SMC k. I am actually Homebound. So, I can't go by the 100 Plus 60 for me. Im well aware of this. I'm on DRO appeal for Entitlement to Homebound SMC s. 7 weeks ago The DRO contacted me Via Email Stating he was going to render his decision. I sent back a Email Stating OK. I had my C&P In Sept of 2015. I read It And Its all In my Favor. Plus, I had my Psychiatrist Fill out a 21-2680 HB/AA form. That too IS all In my Favor. Not counting the All My VA Files from my PhD, And Psychiatrist which Is about 2 feet thick.. Anyway, No E…
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Roanoke VARO
I have filed an NOD (DRO review) after some my disabilities came back denied from the Roanoke VARO. Ebennies show that my NOD was received at Roanoke VARO on Feb 10, 2015 and the appeal has been pending since Feb 20, 2015. Right now my NOD DRO review is approaching 16 months with no movement at all! Does any nobody know how long its taking the Roanoke office to conduct and complete the DRO review? Is there anybody else currently having issues with the Roanoke VARO regarding NOD DRO review appeals? I am debating on contacting the VA Undersecretary of Benefits but don't want to piss off the DRO who has my NOD file.
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VBA Law Judge
What happens after the law judge makes a decision on your claim? Does he have the last say or does it go back to RO for reconsideration? Is the process long or short once decision is made?
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3 months and counting on DRO decision and now I am facing more surgery!
Well good afternoon my fellow Vet's!!! I am really deflated right now....It's going on 3 months since I had my DRO review hearing with no end in sight. I was told that it could be weeks to months to up to a year for the decision. What erk's me is the fact that I had my hearing why can't the DRO take the time to review and come to a ruling? It's so frustrating! I am going on 3 years since my initial claim and almost 2 years since I filed my NOD. I understand there are others in the same boat or worse boat and I do sympathize with all my fellow Vet's! Now on top of this, most of you know my story.....I broke my right foot in two places on Christmas Eve. I ha…
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Claim subsumed
Anyone, I recently submitted a CUE claim for 2 finally closed claims. At the same time, I had an appeal for a claim that was submitted years later for the same condition. VA has informed me that the CUE claim was opened in error and was subsumed by the appeal process. However, there is no mention of the CUE claim in the statement of the case that I recently received. VA has informed me that I now have to file the CUE along with the Va form 9 appeal because the appeal process for that condition is still open. I always thought that a CUE was separate from an appeal.. any feedback or your thoughts would be greatly appreciat…
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Should I get a lawyer?
I separated from the Army in May of this year and have had a pretty quick process with my claim. I was seen in July and today received my ratings but that is where things take a ridiculous turn (as I'm sure is not uncommon). See, I don't have any combat injuries. In fact, my only "injuries" resulted from a completely non-necessary wisdom tooth extraction that was completely botched. While removing my teeth, they pierced my sinus cavity and damaged my trigeminal nerve (the one that controls basically half of your face). As a result to the nerve trauma I developed (and was diagnosed by Army Neurologists with) Paroxysmal Hemicrania; a very rare headache condition consisting …
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