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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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What is everyone's current BVA appeal status as of January 2024?
Update: My appeal was denied by the BVA Just curious where everyone else is sitting with their BVA appeals. My BVA/AMA appeal w/hearing took 1,198 days (3 years, 3 months, and 12 days) from submission to decision. I am not terminally ill, not over 75 years old, not having a financial hardship, not having a legacy appeal, not a PACT Act/Toxic Exposure appeal. It took about two weeks for the judge to make a decision. Not only did I receive one copy of this email today from the VA, but they were nice enough to send me a second copy of it! Bonus!
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Board of Veteran Appeals and "double jeopardy"
Hello all, My claim for EFD was denied at the BVA level and then appeal to the CAVC. The CAVC, under a joint motion, remanded it back to the BVA. The BVA then denied again for a reason that was not in the file and something that we have not seen before. (I will upload the BVA denial letter tomorrow.) So, the question is can the BVA deny, deny, deny and then when the file comes back on remand, deny for a completely different reason than what they were ask to look at on the remand? By the way, the reason for the latest denial ahs NEVER been mentioned before. Thank you.
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Congressional Inquiry Warranted??
February 2, 2023, the motion I filed to advance my appeals on the BVA docket was granted. My appeals were then placed with a VLJ at the Board. After this happened, my VSO submitted a Privacy Act Request for my claims file. On February 9, 2023, I receive notification that my appeals are now placed on hold, according to VA, because my VSO submitted a Privacy Act request. I think it's wrong to delay my appeals for their reason stated below, and I don't know how to fix this. See below: You or your representative filed a Privacy Act request. The Board placed your a…
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Boy I really can't understand the VA
This is my second go round with the VA 2001 I had a fight to get extra schular tdiu from 1993-2001. I had to fight for cavc remand back to bva before it was granted. Now things are so different they feel they don't have to address anything there is no communication with anyone who works the claim nothing. Your appeals and claims go in a que it can be work anywhere. I use to be able to go to the local VA that was working things talk to a supervisor in person. These comp exams is just a new delay tactic. Veterans are having 5 6 comp exams. I just seem to me the process is get worst not better. I apply for smc benefits because they were ne…
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3.156 (c) earlier effective date for secondary
Hello all, 1. If BVA awards a claim effective date back to the original date of claim based on 3.156 (c) (newly associated service treatment records), would the original claim be considered a pending claim until the BVA´s new decision, since it did go all the way back to the original claim? 2. If a secondary condition was initially awarded the same effective date as the primary condition (before the appeal award for an earlier effective date based on 3.156 (c)), will the recent BVA EED award also allow for an earlier effective date for the secondary condition? Summary: 1. initial claim for shoulder condition denied, I did not appeal and it became final. 2.…
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VA.gov Shutdown, Upcoming site maintenance: November 18 to 19, 2023.
Upcoming site maintenance: November 18 to 19, 2023 We need to update our systems to add the 2024 cost-of-living increase for VA benefits. As we do this work, you won’t have access to many online applications and tools. Thank you for your patience as we make this important update for Veterans. Start: Saturday, November 18, 2023, 4:00 a.m. ET End: Sunday, November 19, 2023, 7:00 p.m. ET
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All BVA Judges are not agreeable, BVA judge partially denied JMR Review.
Over the past four (4) years I have won three BVA decisions, the first granted me an Unadjudicated claim/appeal. The second granted me an Earlier Effective Date (EED) of my service-connected disability. The third granted me an Earlier Effective Date of TDIU. The issue I have now is that I was rated 100% schedular P & T before this rating and when the judge granted my appeal and awarded an EED of TDIU, the judge failed to address an SMC-S consideration even after the IMO stated that my symptoms preclude employment. This was a new separate claim/appeal, and no other disability was included in my medical opinion. The judge’s decision stated that my symptoms preclud…
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Can you get a copy of the exam from regional office
Some have said they got a copy of there exam by going to the regional office. Is this true
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First time hearing of this, anyone else?
I filed a BVA advancement on the docket today. Provided evidence why I should qualify and explained my appeal. In 2021, with my civilian doctors (otolaryngologist) paperwork i submitted, I was granted an increase (already service connected) to 100%. Months later, the va still scheduled a c&p exam for me, even with sufficient evidence and of higher probative value. That c&p exam like a PA (physician assistant) and a general MD to not mark the same boxes as my doctor which resulted in my decrease. After faxing an advancement on docket today, after logging in Ebenefits I noticed they had filed a CUE same day and was already assigned to a reviewer. It wasn’t what I …
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Appeal at VBA Judge for over 5 years. how much longer will it take?
7 years of getting all of my benefits little at a time added and built up ....getting the % up where it should be. The process has worked for me.....but the "Gulf War - Undiagnosed illnesses" is the last one to get done, and it is THE ONE that the VA doesn't want to do. Thankfully a judge can now have a say. Hopefully a Judge understands what presumptive means.....hopefully a Judge understand what buddy statements are. average time is 240 some days, it has been over a year.
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Got a? On gaf score for mental health
I don't think the veterans affairs use them anymore am I wrong. Well I am trying to find info on them from 2001. What is a gaf score 35.? Was this a total and permanent score. We're can I find info on it
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Had a Hearing
Hello, back in November I had an appeal hearing, then on May 6 I was notified regarding “Status: The Board made a decision on your appeal” and that an increase in rating was granted regarding one condition and few others were now service connected. It is my understanding that now VARO works on establishing ratings and dates for said conditions…my question is whether there is an approximate timeframe that I could expect? Is it 4-5 mos? Thanks!
0 votes9 answers