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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 METRICS
Anyone noticed that the BVA metrics has added more days. Appeals Metrics - Board of Veterans' Appeals (va.gov)
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HLR or back to board
As of today, my appeal was officially closed. Overall I won. I was granted 100% P&T, even after some additional exams. However they effective date only went back to July 2020 (date of my last c&p), I originally submitted in November 2018. So missing close to 2 years of pay. The supplemental claim which this appeal was based on did grant me a couple items, which were dated all the way back to November 2018. That decision stated this was because the claim was continuously pursued. My appeal was filed less than a month after the supplemental decision, so in a timely manner. This appeal implementation decision did not use that logic and decided the date of th…
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Don't know how to feel yet SMH.
Ok well today the decision was made on the issues still under the cavc remands docket. The issues were smc o and r for my need of in home care. Got my finger crossed lol The other issue loss of use under smc benfits. Smc m and k Ok it look like one got granted the other got denied. Both are call increase rating smc. So here the bad part I am going to be going crazy for the next 7 day. Call the VA to try and get the decision fax like I been doing for to there been 30day. They told me they fix the problem yea right. A veteran now have to wait for there letter. Then there me think it could be something total different granted. …
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Question on the ability to affect years-old ratings...
Hello, thanks for all your previous help, I continue to patron the site. I just received a CD of my cfile spanning 18yrs and had a few questions - Are you able to appeal a years-old decision to ask for a higher rating (and to receive the increased benefit for all those years)? In my case I was granted 30% PTSD in 2006 and later put in and received an increase to 50% in 2014. Looking through the cfile I believe it should have been 50% in 2006. It's possible that I don't have the option of going back. I don't have any new evidence, just that my medical records align with the higher rating. Thank you in advance! Edit, looking thro…
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This is just crazy
I am get very upset with the VA and all it's games Ok I apply for mental health 2001. Got Deny and nod. Well the VA never cretifed the appeal again. So it sat in appeals status. Well 2018 I used service records to reopen the claim. Granted 70% Well the VA said they denied the claim. So when I got the record for the court. I dispute there is no decision that part of the record. Well here goes there response to the court. That that denial was part of the decision that granted tdiu. They are I guess saying it got denied in the body of the decision smh. This is what I am going through.lol In an…
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Cervical spine
Good morning, my case on my Cervical spine has been sent to BVA judge. I have submitted all my Evidence, so my question is this I have more appointments with a neurologist at the VA well those notes be submitted or looked at When time comes when the judge reviews my claim? Thanks
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Bva remand for loss of use under smc
Now here is another example of the bva try to delay and develop evidence to denied. After a cavc remand. Ok I have a claim for smc r higher level in home care. Now I denied get a bva decision on that and see how it say higher level smc. So now I will not get a decision for smc r until my case is send back to the board. This is crazy. Now smc and increase rating are two different thing. Smc is Based on the record and effective by the record. Well my only hope to get pass all these delays is my petition. My petition was expidate by court due to my need of in home care. And the cavc case that remand it the bva. Do u see how the judge stated…
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Well had a conversation with Ken Carpenter
Well today has been a good day in the VA world. I spoke with Mr Carpenter to about take my smc appeal at the court. And he say he see were I am come from with the smc s housebound by fact thing. But the court didn't address it totally in Howell v Nicholson. So he is going to the his frim this week an he is 99% sure they will be take my case. I told he we been debate smc housebound on hadit. He told me somebody had call him today to address Howell. Long story short. We are going to fight for smc s housebound by fact for veterans with tdiu. I will be letting him fight the smc I really enjoyed are conversation and I f…
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What's your experience with BVA timelines?
Whats your experience with BVA appeals lately? I expect a wide range, but curious where the left and right boundaries are. Filed a NOD on a 2011 finding in 2012. The finding was GERD not service related. in 2016 received a decision service related, 10% rating. The decision said it was not rated higher because there was no evidence of higher severity or persistency. i filed for a BVA appeal noting why it was more severe using the appropriate criteria and persistent (diagnosed in service in 1989. In June 2021 i had a video appeal with a Veterans Law Judge.. She informed me in 90 days her report would go to the board for review and decision and although there were no …
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Copy of my summary of the issues
Ok here is my first draft of the summary of issues. I feel like I miss something. But This should at least have something that the va lawyer will have to answer. After the telephone conference I just have to add the rba pages once the record is serve for this appeal to the court smh These are the issues that I would like addressed during my telephone conference First the court set aside the effective date and Remand them to the board January 30 2021 rba The board violated the court order and remanded them to the regional office to be granted in the first instance This is a major error and not legal An must be addressed. Th…
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Old rating code 5293
Well look like I will have another issue with the va. Well when it was found that the regional office never cretifed my appeal to the board. An it remain in appeal status for 8 years. I was stage rated 20% 1993-2001. Under old rating code 5293. Well the veterans affairs has for years been trying to say this rating includes all nerve damage in my elbow/ hand. And still are to this day saying that my tdiu is based on all my condition. I was granted tdiu 60% one condition. To get tdiu based on More than one condition the combine rating must be 70 %. That is the law they can just be add things.my bad back to story. I was looking for t…
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Today was a good day at the cavc
No I didn't win my case yet. But there was good news. Well I put in my appeal to the court. I ask to have my case advance again and to have a pro se telephone conference with the court and the va lawyer and a lawyer from the pro Bono program. The lawyer is not handling the case for the smc benfits but he will be appointed by the court and pro Bono program just for the telephone conference. It a new thing at the court for pro se veterans. Thought I would put it out there in case a veteran feels or have to do there appeal to court pro se. Last thing the crazy part the judge is judge Bartley again. The same judge that my petition for e…
0 votes13 answers