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Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
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3,124 questions in this forum
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Who the Heck is the C&P Service and Now What?
My prior topic, "Seeking Advice on my CUE," brought me a wealth of information from some very informed people. I remain grateful. But I have been doing more and more research based on what I learned from them and just ran across this: j. Approval of Ratings Prepared Under 38 CFR 3.105(a) All rating decisions prepared by RVSRs under 38 CFR 3.105(a) require the approval of the VSCM or designee at the Coach level or higher. Ratings prepared by DROs would require the approval of the VSCM or Assistant VSCM if they would effect · severance of service connection, or · a reduction in evaluation of an S…
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ptsd DRO language help
I have a couple of appeals since 2013 that date back to my honorable discharge date 1993. Recently, I sent email to Secretary of VA and had reply. I checked ebenefits and saw some new items. Can you all help with meaning? Left Knee/leg Condition-completed Dro Dor 03/16/16-full Grant Back Condition-completed Dro Dor 03/16/16-full Grant Smc A/a- lou Iliotibial Band Syndrome With Tendonitis (instability) Iliotibial Band Syndrome With Tendonitis Left Knee Radiculopathy Lle L-strain Ddd What do ask theses mean? Especially the "full grant" dro dor complete Thank you all. Currently, I'm 70%…
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NOVA
My appeal is still awaiting a central office hearing. Which is weird in itself because my attorney had a conference with NOVA and they all decided it would be better to withdrawal the hearing request. I was a little worried but we had a DRO hearing already and stated are issues, which they will be reviewing along with all my evidence. They faxed in the withdrawal on the 8th but when I call all they can say is they have and see the fax but it says we are still scheduling a hearing. What's the deal with the withdrawal not being withdrawn? "The request to withdraw your hearing before Board on your appeal on 3/9/2016. Also, they do have your financial hardship paperwork rec…
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DRO Hearing 3/21/2016
I just received a letter that I have a DRO hearing on March 21st. I know you guys have a wealth of information, and you could clue me in on what to expect. I have has a BVA hearing on other issues and was successful. My case is a little different. Last year around March, I felt the V.A. was "stonewalling' me and I sent a e-mail to Ms. Hickey. I got a phone call from a RO in Phoenix, Az., who said she would personally handle my file. She was transferred to San Diego, and my file just sat. I sent a e-mail Mr. Robert MacDonald in November after getting nowhere. Another RO called me and said he would be handling my file. In the meantime my representative sent in a…
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NOD C&P, how long for rating?
I filed an NOD and requested DRO in November 2013, had a new C&P 3/16/16. My first question is, although I had another C&P will I still have a DRO hearing or will they just rate me based on the new C&P results? How long till I receive a rating? I am only being assessed for one condition. Anyone out there working with Cleveland RO and receive a rating post NOD C&P? Thanks in advance!
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C-FILE
When reviewing your claim, will BVA/VJL consider most recent notations or just the entries to the point of your hearing?----gba
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ptsd DRO Hearing 3/31/16
As the title states, I have a DRO hearing at the end of this month. The issue at hand is over permanent and total for PTSD.. 1. I am currently 100% scheduler for PTSD 2 I also receive SMC L Aid and Attendance for PTSD, it is temporary. The decision letter with the denial for permanent and total reads as follows "PLEASE NOTE: The date of entitlement to DEA (Chapter 35) is presumed based on the last date of SMC at L or higher. If a future examination is warranted for other purposes and there is potential for a reduction below 100%, do NOT grant entitlement to Chapter 35. Please note, that you have been granted additional disabilities such as fibromyalgia…
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NOVA-Advocacy at a higher level
I've tried it all. Blogs, claims appeals etc. I finally hit on going and meeting them face to face. I had the pleasure of meeting Judge "Saint" Mary Schoelen last spring in San Francisco. This year it was Judge Alan Lance. This cuts closer and dodges the 2 year FNGs in Congress. CAVC Judges are around for 20 years. Same for VLJs. I even had a good one-on-one with Ken Carpenter about my panel for EAJA fees. This is where Justice for Vets was born. http://asknod.org/2016/03/15/bva-phil-cushman-never-heard-of-him/ Clear to active runway
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Appeal Due To Missed C&P Exams
Hello all, I am new on here and have been reading information but haven't quite come across my specific issue. Well here it goes: Initially filing my disability claim after exiting the service, the claim was denied due to the appointments I had missed. I never received notification of the appointments and was not actually aware that I needed to have appointments since all of my records are electronic. So when they made their decision to deny all of my contentions, it was based on the fact that they didn't have the evidence they would have received from the C&P examinations. So my VSO filed an appeal for a DRO review to get the appointments rescheduled, and t…
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BVA Hearing
I will be having my BVA hearing on May 2nd. I elected for a video conference and it looks like it is a Travel Board Hearing. I have an attorney and he is not sure he can make a TB hearing. I do not want to have to reschedule this as I have been in the process for nine years waiting for this day. Does anyone have any advice or know the Phone number to the BVA as I can't seem to find it. Thanks in advance
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motions to advance
Once your claim has been advanced on the docket at the BVA, do I have to go to the CAVC with another motion to advance if it has to go that way? My attorney felt that putting in a withdrawal for my hearing would be advantageous for me since the LOD and the forensic opinion were both in my favor. I said ok and agreed but now that anxiety is kicking in they will receive the letter on Monday I don't even know who looks at it if their is no hearing.
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appeal befpre law judge
Had BVA hearing in Jan 2016. Today, e-benefits show claim is with Law Judge. When compared with previous posts on this topic, this is lighting fast. Anyone with claims dating 2010, take heart. Will post the results. My form 9 was substan in 2010 gba
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