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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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Clarification of BVA Decision
This is a decision I recently received from the BVA after a successful battle at the CAVC (please see below). My appeal dates back to May 2006. I just need clarification on a few things. Staring with what disabilities exactly are they granting me. I don’t understand what is meant by “a disability characterized by chronic fatigue”. What exactly is" that" disability? Do they mean chronic fatigue or something similar to chronic fatigue? Is the polymyositis going to be secondary to major depressive disorder? Another thing that confuses me is that they are saying these things (chronic fatigue and polymyositis I assume) are secondary to my major depressive…
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BVA judge granted service connection!
Ok today after speaking to the Buffalo, NY regional office. My rep received the judges decision an informed me that he granted my heart condition w/ an AICD implant service connected. Finally after dealing with them since 2012. I understand that an AICD is an automatic 100% rating based of from the CFR. Anyone know how long the buffalo regional office will take to get my rating and benefits rolling? An will they back pay me from when I had the AICD implanted? What benefits will I receive from 100% VA comp?
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Do DRO reviews even work?
I read somewhere that the average success rate for a DRO review is 2%, what is the point of waiting 2-3 years for a DRO review if it's going to be denied? If you DRO review was successful please reply.
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What does mean?
is the reason given for the reason for 5 appts. That I am not supposed to actually attend. Only thing thing I thought of was no break space? Clueless
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How long until a decision after appeal is finally with VLJ?
My appeal has finally made it back to a VLJ after almost a 2 year wait for a remand. How long until I receive a decision back? Also, I requested an in-person hearing and have not received any notice to appear. When does the hearing suppose to take place during the appeal process? Can a appeal be decided in your favor without one? Thanks for any help provided.
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Remanded issues
So just this month alone I have had 4 days blocked off for just the doctors to look at my claim. I was notified twice by the RO I am not required to go but it was for the doctors to review my notes. I also have a 5th scheduled for tomorrow yet again not supposed to go. What is it that is really being reviewed that I am not required to be there.
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Lawyers Paid
I forgot to mention the lawyer that I hired for 30 days, Finance at Bay Pines cut them a check for $895 presumably from a retro of 4,200$ which is the total of my back pay 3,300 supposed to be on its way to me, obviously that is an error, what should I do? I'm the smuck waiting on the letter from regional to see if I am rated at 100% for service connected coronary artery disease
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tdiu What The F(*&^^%
I posted in the success part of this site just yesterday only to learn that it may have been premature I guess when you are dealing with the VA nothing should surprise me. Okay so I get a call from my regional office today and the gentleman in the other end of this fiasco said that he was replying to an inquiry I had recently made. I told him that I was good because my service rep had already given me the supposedly good news about being increased from 30% to 100% for my heart, increased from 0% to 50% for my pes planus both feet, 0 % to 30% for residual scar of heart surgery and 10% for residual scar. I learned today that I should have asked the service rep. the effectiv…
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NOD Advice - All Evidence Up front?
Vets: When you file for your NOD with appearance before a hearing, do you have to provide all evidence up front with the NOD at first , or can you wait for the hearing? Rootbeer22
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Attempted Strategy to Get C-File-NOW
Vets: Unfortunately, I had to file my first NOD this week without the benefit of having my C-file after almost 11 months waiting for it? As you know, that puts us Vets at a distinct disadvantage because we cannot see the contractor CP Exams to see and question the opinions? At one point in my life, I was a FOIA Officer and know the rules very well. The government has 20 business days to fulfill a request for FOIA but can ask for another 10 days if they have cause and inform the requester? Ironically, I used the new form to request the FOIA/C-File so there's no issue there? But in my case, the e-benefits status this week says that it will be at least 2 more years b…
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BVA Appeal Awarded Sleep Apnea - RO Not Rating
Hi all, been a while since I've posed a question to the forum. October 2015, my BVA appeal was remanded to Regional Office with wording that states BVA judge agrees, I do have sleep apnea, service records indicated SA along with several other ailments and SA was diagnosed while on active duty. During my initial CP exam, Dr. refused to indicate SA, and I have been appealing since 2009. I haven't received the yellow envelope yet, but just tonight ebenefits shows claim is complete, but there is no rating or indication that SA was awarded, still states not service connected for Obstructive SA. My question is does the RO have authority to ignore or nullify what the BV…
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DRO review benefits
I am always reading the down side of the DRO review and wait times. The DRO is a heck of a shorter wait then an appeal even still waiting to be certified by your regional office doing it the process of the appeal the hard way. So say you have a DRO review you can have it in under 2 years have them quickly certify your appeal and admit all the new evidence you want without fear of going back to the RO to sit in a stack forever yet another benefit for the DRO review. No hiding new evidence out of your file for the RO to review.This is of course if they didn't grant your review at their level and if you think your retro is over 25k they won't/can't, that's what mine said t…
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