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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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BVA Appeal from DRO
December 31, 2015...had a DRO for an appeal on a "1151" claim. The "1151" for malpractice/negligence has been pending since May, 2011! Obviously, the DRO was denied for the same wrong reasons as before. My prior VSO had filed a C.U.E. previously...and, that was denied. Currently, have no representation. Question?: Do I give up...and, say the VA has won? Is this what the VA wants me to do? Do I have it certified and go to BVA? Do I opt for representation? VSO? VA certified lawyer, etc? Referrals? If I opt for representation...may I pick anyone from anywhere in the states? Also, what's the difference between "1151"and filing a complaint with the OIG? FYI, cu…
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NOD and new claim
I was recently awarded 40% for pay, knee, back, tinnitus, hearing. I feel as though my knee and back should be higher, thus the NOD. I have more evidence as well. I also have a few issues that I didn't file in the original claim, but now have secured the documents, so thats the reason for a new claim. So my question is would it create an issue or drag both of them down to a crawl if I were to file the NOD and new claim at the same time? Also, generally speaking, do NODs take as long as the original claim, or is there no rhyme or reason to the time frame involved?
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My Claim, Appeals, Etc, Being Remanded Back To The Va From The Appeals Board
Ok, My long story, Petroleum chemicals made me sick on active duty, USAF, etc.. had pancreas surgeries at VA. Failed, now pancreas is necrotizing and dying, many other problems, currently at 60% rating. (been on VA disability for 20 years, and SSDI for 20 years.) Claims in for many problems connected to service. Going through many years of appeals. Now I get a letter form the appeals board saying it is being remanded back to the VA, because they said I filed a timely appeals for a video hearing, for 1151 claim (I filed an 1151 because the pancreatic surgeries failed leaving me with an inoperable dying pancreas and many more disease , spent 6 months in the VA hospital …
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Rated at 0% - I need advice
I'm a Gulf War veteran and I applied for disability for Irritable Bowel Syndrome (IBS). The rating schedule is as follows: 7319 Irritable colon syndrome (spastic colitis, mucous colitis, irritable bowel, etc.): After waiting months I was rated at 0%. Here is what I received: 1. We have assigned a noncompensable evaluation for your irritable bowel syndrome based on: Alternating diarrhea and constipation; Diarrhea; Frequent episodes of bowel disturbance. 2. A higher evaluation of 10 percent is not warranted for irritable bowel syndrome unless the evidence shows moderate symptoms demonstrated by frequent episodes of bowel disturbance with abdomina…
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BVA Docket Number
I got my docket number from the BVA and was wondering how to find out what it means? is there any info on the BVA website? I had my hearing before the judge in May 16 and had C&P appointments for my increase in Jun 16. Any info would be appreciated as I have been waiting for about 10 years.
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Low balled on rating.
Ok so the judge granted service connection for brugada syndrome with aicd implant. It should have been rated at 100%, or am I wrong? they rated it at 10%, so I had to file a notice of disagreement... now I can see myself waiting another 4-5 years for them to fix a very simple mistake? Brugada's Syndrome with implanted automatic implantable cardioverter defibrillator (AICD) 10% Service Connected 12/03/201
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tdiu Knee replacement and TDIU added to 30 month old appeal
I have a serious problem understanding how 30 months ago I filed an appeal (NOD) for a rating on my left knee. Since then my knee has had to be replaced due to the extent of pain and instability. I filed for TDIU after surgery along with the knee replacement. They have everything the need to verify the knee condition and surgery. The did not necessarily deny them but instead bundled them with the appeal on the knee. Been told it will be about 420-560 days to complete. Why can't I get my TDIU during recovery? And how does this effect the decision later. Will I ever see any compensation for my recovery? Seems as though they are waiting for the TDIU to run out before they ev…
0 votes5 answers -
tdiu Knee replacement and TDIU added to 30 month old appeal
I have a serious problem understanding how 30 months ago I filed an appeal (NOD) for a rating on my left knee. Since then my knee has had to be replaced due to the extent of pain and instability. I filed for TDIU after surgery along with the knee replacement. They have everything the need to verify the knee condition and surgery. The did not necessarily deny them but instead bundled them with the appeal on the knee. Been told it will be about 420-560 days to complete. Why can't I get my TDIU during recovery? And how does this effect the decision later. Will I ever see any compensation for my recovery? Seems as though they are waiting for the TDIU to run out before they ev…
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NOD and DRO process
I recently received a rating on several disabilities 4 of which I have submitted as part of the NOD/DRO process. When they review the claim does the DRO confine himself/herself to the issues that are listed on the NOD (4 items in question) or is it a de novo review of all the disabilities originally submitted? I know that the DRO can downgrade a rating(s) as well which is concerning.......what is the risk/benefit analysis when it comes to submitting an appeal?
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Appeal won but MH wasn't listed
So I won my appeal for my TBI in May and recieved my retro already. My only problem is my MH issue they denied because they at the time said I had no documented TBI on file in 2014. Now 2016 and that no longer is a valid excuse for my MH so I reopened my claim in Feb. I was told I might get a decision in a few months to just get.a decision on my MH to get another reevaluation and then a few more months after that. I emailed Bob in anger I said I have waited long enough to get my treatment 6 years to be exact and now I have more hurtles to go even after I won my appeal for my TBI. His response The Secretary has received your email dated July 11, 2016. He has forwarded your…
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Remanded Appeal Won!!!!!
Hi everyone, Had an appeal partially granted in 2015, stemming from a 2009 NOD. In Dec of 2015, I was paid and the other half of my appeal was remanded to AMC. Once back at the board, the judge agreed in my favor, yesterday 7/12/16. At this point, it's been sent back to AMC for adjudication/payment. Does anyone know what the timeframe is for backpay from AMC? Thanks all!
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Pittsburgh Appeal DRO De novo
Hello again----- Just more of a question/input than anything, but would love to hear anyone's personal experience if you have dealt with Pittsburgh Appeal process. Try to make this short.... I developed an anxiety disorder while I was on active duty. I didn't apply for it on my initial claim in 2009 cause of the "stigma" (I know, silly on my part) However my generalized anxiety disorder got worse and worse, by this time I was on 3 times a day benzos, FMLA, seeing a psych at the VAMC as well as weekly sessions at the Women's Clinic... I applied for the anxiety claim in 2013, over a year later I was granted 10%. Due to moves and life cha…
0 votes2 answers