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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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Upgrade 100% rating to P&T
Has anyone seen this? It's for upgrading to P&T. How to Write a Powerful VA Permanent Disability Letter (4-Step Process), published January 4, 2022 https://vaclaimsinsider.com/va-permanent-disability-letter/ What are your thoughts on this? I'm working with an attorney for increases and/or TDIU P&T and so I would probably move letters like this through him in the form of a personal statement perhaps, but what are your thoughts on these sample letters?
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Supplement Claim
I put in supplement back in Sept 24, on Jan 5, 2022 I had a C@P exam that lasted longer than the 10 min one I had a year ago. But anyways today I see my claim is closed, I guess I have to wait 10 days and see if anything shows up in them mail.
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Denied dry eye syndrome from PRK surgery.
I made a claim for bilateral dry eye from PRK surgery and was denied. I'm wondering if I could set some opinions on what the appeal battle would be like for this. Here is the Reasons for decision below: Service connection may be granted for disability which began in military service or was caused by some event or experience in service. VA examiner noted that although you have a history of PRK that could be contributing to your dry eyes, you also use a CPAP machine for sleep apnea which is most likely contributing to your dry eyes. It was noted that you do not consistently treat your dry eyes. Service connection for bilateral dry eye syndrom (also claimed as…
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Reasonably raised claims of IU
First let me say I am in the Legacy system and now dealing with the SOC in response to my NOD. On the decision letter of my initial claim, granted 80% combined, it stated that my SC conditions "...interferes with work." It's acknowledged in the decision letter that granted me 80% combined. Today I get an SOC (from the NOD we filed for increases and TDIU consideration) denying all issues, simply because the evidence and records they have stop at 2018, and simply no mention at all of TDIU. So I call 1-800-Peggy and ask her what about the TDIU? The SOC shows all issues denied (for increases and additional service connects) but no mention of TDIU whatsoever. …
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Docket Error. Dismissal of hearing already held
I thought you guys might be interested in this. I had a hearing before an ALJ/BVA in August 2021, and received this letter dated December 14th of 2021 which dismisses it. This letter preceded the SOC I received which is dated January 3rd, 2022. Well at least I have the opportunity to submit more evidence based on what my SOC says (I suppose we will file supplemental claims). Anyway, I thought you guys might be interested in what Legacy/AMA confusion looks like 😐
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Mr. Cue- How my SMC CUE succeeded
I am dealing with a repair man and cant fnd where you asked this question, this morning. https://community.hadit.com/topic/47459-how-my-cue-succeeded/ As I mentioned, it was an obvious CUE in a 1998 award letter but my former POA said 1151s are different than regular claims and SMC issues. He was wrong. A posthumous award for my husband was 100% P & T for SC PTSD ( up from 30% in his lifetime) The additional 1151 disability (stroke)was rated at 80% in the award letter. 1151 means "as if service connected" for VA rating purposes. 100% plus 60 % or more independent disability equal SMC S. I also provided evidence that he was Housebound. …
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I really think it time veterans bring a class action suit about the new comp exam system
Ok I have been see a lot of veteran posting about have exam done on all there condition. When they apply for one issue. I have seen veterans have 4 5 exams for the same thing over and over. I am one of these. Veterans are applying for there smc benfits because they are not been inffered by there record. The va is treating them as increase rating claim for all there condition And ordering exams for everything now Veterans can't even get a copy of the exam before the va use it as evidence or make a decision. The comp exam company should have to mail a copy to the veteran. Its the veterans medical record. The veteran shouldn't have to …
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Here is the bva decision on my effective dates for smc s and l
Ok here it is and I can't believe this Ok let start with do u see that nothing is address before 2018. We understand smc Is effective by the record and granted by the record. Ok. The court set a side the effective dates an explain to the va to address early time period. Not done because they change the court remand order to granted effective dates in first instance. So now I am back at the court to appeal the same effective dates the court set a side. Ok. I apply for smc s under Howell v Nicholson. It is never address I even got denied because I can travel medical appointments. The same reason Howell was denied smh. Last I had …
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Mr. CHARLES
What is litigation support at the BVA?
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So I been getting the cue
Well when I apply for smc benfits I thought the va would follow the law. And Grant smc benfits by the record and effective by the record. Its going on 4 years and the va has never address my granted of extra schedulers tdiu 1993-2001 or the tdiu 2011. So I understood I had a cue for smc benfits due to this decision. I keep it in my back pocket lol. So a ? I can have a cue claim and the appeal at the court same time I believe. I am thinking about filing this week. Why wait. This decision address everything. Loss of use need of help of other The error of not certified my appeal from 1993-2001. The granted of tdi…
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Cavc remand smh
This crazy so I get the ssoc for the smc o and r court remand. Nov. I been trying to find out why it's not been return to the judge. Here is a email I get today. Thank you for your inquiry. Your appeal has been transferred to the Board. The appeal is pending intake actions to receive and docket the appeal. When your appeal is placed upon the Board’s docket, you will receive a notification letter from the Board. Ok now I have to wait for a cavc remand to be docket. Smh It already have a docket number it is to be return to the judge. Man I am get frustrated with this you can't talk to anyone they just so whatever and process i…
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100% p&t exam
Starting a new thread to avoid confusion. I was awarded 100% p&t on 12/1/2020, effective 7/7/2020 (date of last c&p). However, in the decision letter it says they are scheduling exams to evaluate my current severity. What is the point if I’m already 100% p&t. Are they just looking to take away what they just gave me?
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