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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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Petition for extraordinary
Ok I got the court to have the va give a response to the petition. ? Mariano v. Principi, 17 Vet.App. 305, 312 (2003) (Court noted that it would not be permissible for VA to undertake further development if purpose was to obtain evidence against appellant’s case) Might also look at: Adams v. Principi, 256 F.3d 1318 (Fed. Cir. 2001), (in which the court stated that it would be improper for the Veterans Court to remand a case to the Board to give the DVA another opportunity to develop evidence needed to satisfy an evidentiary burden it had failed to satisfy the first time, i.e., to “attempt to introduce new evidence sufficient to make up the shortfall” in the…
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EED RAISED ISSUE OF TDIU BACK TO 1998 BUT THEN REMANDED FOR AN EVEN EARLIER DATE FOR 1973.
I think someone asked could and EED raise the issue of, if a veteran could get an earlier TDIU effective date. I think someone asked for this and you can read it for yourselves, yes, it is very possible. As to any and all claims it boils down to what is actually in the veteran's records both SMRs and post medical records. Found this searching for something else. The appeal was remanded and possible for the veteran to get TDIU back to February 7, 1973. Hope this helps. The Board notes that the Veterans Law Judge who conducted the October 2016 has since retired from the position of Veterans Law Judge. In November 2020, the Veteran was notified of this information …
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Combined on original decision, separated on SOC, now a new claim needed?
I had an original rating of 10% for DDD of my entire spine. Now on my SOC they have combined the DDD lumber and DDD thoracic as 10%, and now I just received a letter from the RO that they are asking me to file a brand new claim for cervical. It seems they want to question SC for cervical. Well the lumbar is most definitely SC, and the thoracic they SC'd because the back is the back (I carried too much weight in the service). Why are they asking me to file a new claim for cervical? Is it to deny me SC for cervical? BTW, before the SOC I was at 84% actual, and now by magic I'm 82% actual.
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Ok here is the whole decision on smc s and l
I have posted the cavc set a side order. This the bva decision after the remand. Now the bva has only address the period from when I apply for smc. I got denied housebound by fact for the same reason as Howell v Nicholson. Because I was able to travel to medical appointments. Smh Guess the bva judge never read Howell v Nicholson. Not one piece of my evidence before 2018 was even address in this bva decision. Then the crazy part in the history they just run my disability together. They never address that the buffalo ny regional never cretifed my appeal in 1993. The court allow the the va to stage rate me from 1993-2001 20% for …
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How long should I wait?
I was recently awarded secondary for asthma, which they just wrapped into my sleep apnea percentage (which is total bullshit) and migraines secondary to my anxiety/ptsd/bi-polar (which they rated at 0%). So two wins but the VA found a way to screw me anyway. To bad for them, I don't back down from anything. My question is, how long should I wait to appeal? They said my migraines don't show characteristics of a prostrating nature. That is funny because nobody ever even asked at my c&p exam and my private medical records didn't say either way. Sooooo I guess I have to submit a supplementary claim with more evidence. I have been keeping a daily log of my migraines and va…
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Well yesterday I send the pro Bono paper work off
I am venting more than anything. Well the veterans affairs broke me down. I took a lawyer to handle the adjustment disorder appeal to the court. I got two appeal to the court a petition for extraordinary relief and. Two more issues that I don't even have a bva decision for. So that will be four different appeal going at the court. Crazy part my whole case was remand by the court all together. So I refuse to try an fight all these court appeals pro se. Again. I really believe this was done on purpose. Hoping I would miss deadlines or just give up. I had so much trust in the court but I just can't understand why I can…
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BVA Appeal Grants with Remands
I am trying to figure out how the process works. VBMS shows me at 100% but for some reason there is no change in my rating. The BVA granted me service connection for Sleep Apnea, Lumbosacral Strain, Diabetes (type II). Bilateral ankle arthritis and Bilateral hip arthritis. However, the judge remanded a part of my appeal and I am wondering if that is what is holding things up. The remand was for an increase for DJD for each knee and for separate ratings for knee instability. On Ebenefits I can see what stage the remanded portion is in because they are being treated as a supplemental claim. Since last week the following changes took place on the supplemen…
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Retro pay
Here is a hypothetical. Has anyone ever seen the VA make a partial decision on a Board grant, and issue an effective date to keep the payment amount under the $25k point, for which they need more signatures, to possibly get the payment sent out faster. Then finish necessary development and fix the effective date to issue the rest of the back pay? Just being hopeful that is what may be the situation with mine. It is flagged as hardship, so maybe they hoping they were just keeping the back pay number down for now to get it out the door faster while they finished some other stuff.
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BVA
I have been at the AMA hearing with VLJ level of the BVA since November of 2019. I spoke with a representative at the BVA today and was informed that in December 2020, 13 months ago, I had a hearing canceled and that it is supposed to be rescheduled. That seems odd that it has been 13 months. I never heard about this hearing or cancellation until today. Is this common at the BVA level or does it need to be questioned?
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TDIU wannabee recent BVA decision
It amazes me to see the few and far between veterans who try to cheat the system: "ORDER The severance of total disability rating based on individual unemployability (TDIU) from August 15, 2008 was proper; restoration of entitlement to TDIU is not warranted. The severance of special monthly compensation (SMC), from November 26, 2008 was proper; restoration of entitlement to SMC is not warranted. The severance of dependent's education benefits (DEA), from August 15, 2008 was proper; restoration of entitlement to DEA is not warranted.: In part: "In further correspondence, the Veteran requested that his hearing be moved to the end of Jan…
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overpayments Duplication of Benefits
Fellow Veterans with similar experiences in dealing with Veterans Affairs and a "valid" overpayment. The overpayment was a duplication of benefits that was created with VA denying ALL responsibility for such on their end. The creation was duplicated as a result of the Veteran unknowingly receiving over a three year period dependent compensation for a "school age child over the age of 18" parallel to the same child electing and receiving Chapter 35 benefits over that same time period. The Child informed the VA eight times over four years for the election of Chapter 35 benefits. The Veteran continued to receive additional dependent compensation for child over 18 and in scho…
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How do I switch my VARO to my new state?
How do I switch VARO's? I moved to my current state in July 2019. The SOC I received about 30 days ago was generated at the VARO in my previous state. My new VSO (DAV) suggested I switch VAROs before I file VA Form 9. I met the VSO briefly today at my local American Legion today, or would have asked him. The real appointment with the new VSO occurs this Tuesday. I had seen somewhere how to switch VAROs but I can't recall. Does anybody know how to switch my VARO to a current state of residence? Thanks.
0 votes1 answer
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