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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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NOD
New to the board, question about action after NOD received. My NOD was received two months ago but no appeal has been opened. Is this normal for a regional office to delay opening an appeal? Thanks in advance for responses.
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ptsd NOD / DRO or TARP?
After almost a year of waiting on my C-File, I am starting my NOD without it. My question, which appeals method is better, DRO or TARP? Last year I was awarded 50% for PTSD reopened claim and had my 10% TBI rating decreased to 0% on an increase request. I originally filed in 2009 and was awarded the 10% TBI and denied PTSD. I filed a NOD at that time and wrongly assumed that they would call me in for another C&P and did not submit additional evidence. My appeal was closed in 2012 with no action. My last C&P notes on blue button state that I presented with same symptoms as 2009 C&P. Also, I realize the rules were different back then, but I had documented stress…
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Cavc ?
Noted in my transcripts received an unopposed motion for a 30 day stay today, 'The parties are currently in the process of discussing a possible alternative disposition of this case which maybe mutually agreeable and conserve the resources of the court" Interpretation ? Won all contentions of appeals except one dating back to 2008. Attorney advised initially I would have some c&p exams afterwards. Was also to have a foot c&p today as part of an nod that was noted in a CAVC remand as their was no SOC issued. Was called yesterday by comp & pen in which they stated the physician was doing a records review and she had all the info needed from my podiatrist and I…
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Appealing Retro Pay Percentage
Hi Everyone, thanks for all the get info that you have provided, it has helped me, to really begin to understand the nonsense that the VA pulls on us veterans. I have a question, and your help would be greatly appreciated. I had filed in 2007 for SC disability on my left eye. The VA fought this repeatedly, saying I had poor eyesight prior to joining the military (not true) to just flat out denying with vague answers(Doesn't meet the criteria for SC disability). In October 2013 I had a BVA hearing, in which they agreed my eye problem was service connected. I was awarded a 10% disability, which I immediately appealed. In February 2015 I had a eye exam at the VA, an…
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appeal remanded
Now I am worried about this black hole. When I had my advance on the docket granted does that do anything for it when its remanded and goes to the AMC or RO? I haven't gotten a letter yet I just checked ebenefits. It doesn't show you why it was remanded hoping it was cause my C and P was 6 years ago. My problems only got worse so I can only hope but this has been a long unseen battle with the help of y'all advice. I thank you all regardless of the outcome.
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Waco DRO review hearing - anybody want to weigh in???
I know some of you have had your NOD reviews through WACO, TX. What are your thoughts as I sit here anxiously waiting the DRO hearing officer to finalize his review. I had my hearing on February 26th, 2014 and so far nothing..... Buck, I know you were pretty quick on you getting a response but any others here????
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Granted. Remanded, Retro? Oh my!
All I can do is laugh at this point. I suppose I am happy with the positive part, but the second half is being remanded to AMC. The remanded appeal has been there since December 2015 (AMC), does anyone have any contact info for AMC? All I can find is a fax number. I am trying to find out where my retro pay is, new percentage change, and what's going on with the other half of my appeal. Thanks all, SF03
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hypertension Should I file a NOD for denied Hypertension claim?
Denied S/C for Hypertension contention. BBE states "hypertension is denied since this condition neither occurred in nor was caused by service". Also gives the presumptive basis jargon. While serving as a traditional guardsman I was diagnosed with HTN and prescribed Amlodopine. Two years later while on active duty my B/P went up to 170/100. I was seen by my private physician and was prescribed Lisinopril to manage my blood pressure. The date on the treatment record is during my AD time. Both meds are listed on my 2766 in My SMR. Could this be service connected being that the condition worsened while on active duty?
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ptsd denied Sleep Apnea as secondary to PTSD
Hi everyone, I just received the BBE that stated I was denied sleep apnea as a secondary to PTSD. The denial was not surprising. The fact they really never looked at my evidence is. Yes I am going to file a NOD, immediately. Some of the comments for the reason for denial, would be humorous, if it wasn't downright stupidity. The VA indicates "on January 15, 2015, you reported to the examiner (NP) that had been diagnosed for sleep apnea, had had used a CPAP devise but were not currently using it. You reported that you planned to have another sleep study to re-evaluate whether or not to return to using it" Not true, I told the "doctor wanna-be", that the machine was c…
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Most Inept Organization On The Planet?
I filed a NOD on VA Form 21-0958 and on that form...Part III - Appeal Process Election, Block 9. Select One Of The Appeals Processing Methods Below I put an X in the block beside Decision Review Officer (DRO) Review Process. Pretty clear right? Apparently not. Today I received a letter that begins: Dear Mr. XXXXXXXX: We received your written disagreement with the Department of Veterans Affairs (VA) decision of April 14, 2016. This letter describes what happens next: A few paragraphs down...How Do I Select DRO or Traditional Appeal Process? You must notify us within sixty (60) days from the date of this letter whether you want to have your case reviewed…
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Rated "Not Service Connected" what can i do?
When my Active Duty contract ended in 2012 I met with a benefit's rep who started notating issues I was going to claim. Among those issues was Restless Leg Syndrome. Once I departed from the service, I was sent a letter which advised medical record's were needed as evidence for my claim's. At the time, I didn't have my record and contacted the VA advising I would not be claiming RLS because I didn't have documentation. I was advised by a VA rep I could reopen the claim at any time. RLS showed as "Not Service Connected" in my E benefits profile. Once I obtained my records, I sorted through and obtained the medical record showing the complaint of RLS along with th…
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Dependent issue
I am disabled and already have a service connection they keep messing with me on that but thats another post I live in another country I have been married 6 years married in 2010, Filled 2011 VA had a copy of my marriage documents BEFORE granting disability They keep turning down and never gave my dependent pay My wife has NEVER been to America we likely wont go for some time if ever They keep pushing that she has to have a SSN Yet SSAdmin told me to fly a kite since she is not a citizen does not live there will not live there or have a business there yada yada on and on SHE CANNOT and WILLNOT be issued one by SSAdmin as per direct conversation to…
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