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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 Makes the final decision when the BVA remands a claim, The RO or BVA judge?
I was wondering if anyone could answer the question of who makes the final decision on a claim that was remanded to RO for more development? RO or BVA?
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Well my case back to the court was put in the system today
Well today start the new process of appealing these bogus decisions. On the adjustment disorder and the effective dates for smc s and l. The va has 30 days to file the bogus decisions to the court. That when I will put in the motion to expidate my case at the court and ask for the new rule 33 telephone conference for pro se veterans. I am point out the process for veterans that might have to start there appeal to the court pro se. If you can't find a lawyer in the 120 days make sure you file the notice to appeal and the hardship for the 50.00 filing fee. This all can't be done online and by email. Once the case is file lawyers will be se…
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Cavc remand
I don't no if the va has just hired new ppl or what but this process is crazy. Ok I get the ssoc for my court remand Nov 16 2001. The only two issues still under the remand is smc r and o. They will not return it to the board again. Now I am been told I am waiting for a cavc remand to be cretifed back to the board. Smh Since when does a cavc remand had to be cretifed again to go back to the judge who remand it. Smh So now once again I have no decision to appeal to the court. I am going to have like Three different appeal go at the court over issues that were all together. And remand by the court together. The petition for ext…
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Effective date
I said it in another thread, but I won my appeal at the board and was rated @ 100% p&t. But I have an issue with effective dates. 1. I started the process in Nov 2018 with 14 issues. Got denied on all issues for no diagnosis. 2. Filed an HLR within a month of the first decision and got denied again on all 14 issues 3. file a supplemental claim a few months later. I was awarded 2 out of 14 issues with an effective date of 11/2018 based on a C&P in 7/2020 4. I appealed the other 12 to the board about a month later. I was just granted service connection for all 12 in 11/2021. 5. The RO rated me at 100% 12/1/2021. A few items were 0% and…
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I am not a new to the site.
Ok I understand many feel I just be posting and fighting with va over nothing. My old name on hadit was yulooking. You can put it in the search and my old post for the cue claim I won will pop up. Carlie Berta many other help me and I learn alot from hadit I had no ideal what a cue was until I followed Berta cue back than I also used hadit back than to vent lol I post all this so that other understand I feel I have more year fight va than some lawyers. And vso I have been to the court pro se twice. And won remands for both. Fast forward. I am now fight for smc benfits that were never inferred back in 2001. Might go back till …
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Supplemental Claim
I am trying to understand my case, I filed a claim for Cervical Spine and it was denied, then I file a NOD while within the timeline. it was fax to the VA. No notice of them receiving it, never saw it posted on my online file at VA.Gov. I waited about 4 months because of Covid, figured people were out. I called 1-800 number got no where. I talk to my local Va Rep in town and got no help. I filed a Supplemental claim back in Sept of this year, it says in currents events We don’t know your status. Last week I sent by Fax's a new medical opinion letter in does not even show up in my online line file at VA.Gov. I did kept the copy of the Fax paper work saying the Fax w…
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Equitable Relief
? I been looking into this but can't seem to find. We're do you send the petition the board or the us court.
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My petition is working
Well today I look on ebenfits and the effective dates for smc s and l have change to been reviewed by a judge now. The mmd hasnt change yet but I feel it will be next. The board got 6 more day to answer the court. I just hope they get it right this time. Don't feel like I have another court fight in me. Well I am just glad my cavc remand is been return to the judge. 6 month smh Oh and this was the cavc remand issue that was been shop for the last 6 month for a medical opinion. We will see
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PSA - Even if you have an attorney trust but verify. Your claim, your responsibility.
I guess you can call this a public service announcement. I think it is important that everyone understand what is going with their claims and appeals. Ultimately you are the responsible party for your claim and it is imperative you make sure all is in order. Something I did not do. For me it is clear. Trust but verify. I tell this story to point out the importance of making sure everything is done right with your claim. I have an appeal pending at the BVA and have an attorney representing me. I would like to say he is a good attorney (he got me from 50% to 80% from a supplemental) and what happened is an oversight. However, I remember someone saying once tha…
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New Board Decision Today : GRANTED
Have to wait until I get the VA decision letter to know what prize awaits in their box of Cracker Jacks. Granted doesn't mean SQUAT as for rating purposes, as the Board remanded multiple issues to have the VA local office determine the compensation increase, if any. My appeal just got kicked back(remanded) to the local "house of clowns" for more tomfoolery. They'd be slacking if they didn't disappoint because their shenanigans have been ongoing since 2016. If the VA doesn't try to pull the wool over me again I would 100% surprised. Know thine enemy. In the meantime, I'll stand by to stand by. Good luck to those still fighting the fight.
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My Appeal is being reviewed by a judge
My appeal has now being reviewed by a judged. My attorney filed a motion to advance on the docket due to financial hardship and it appears it got approved. So now it is a simple wait game. I personally think my appeal is a slam dunk. I have both an IME and IMO as well as a plethora of supporting evidence. While I am certain (nothing is ever 100%) I will be granted service connection I wonder if the VA will try to send me to more exams. I have a feeling my attorney is not going to go for that because for some of my claims the VA has already had me go to exams twice for the same issue. The exams were bad and I am talking keystone cop stupidity on the reasons for my…
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Appeal timeline
Just thought I'd throw my timeline out there for everyone, mine seems kind of weird compared to the norm. Not sure what's going on, or if this is just how AMA is going. July 31, 2020- Supplemental claim denied August 7, 2020 - NOD filed, requested hearing January/February 2021 - Virtual hearing scheduled for May 2021 May 24, 2021 - Virtual Hearing Held, Same day status was changed to "Your appeal was distributed to a Veterans Law Judge" and then "A judge is reviewing your appeal" Status has not changed to "Your appeals file is open for new evidence" June 2, 2021 - submitted the remainder of my evidence and a statement waiving the remainder …
0 votes18 answers