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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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The Circle Back (CAVC)
I am pleased to inform you that the Government has agreed to remand ALL issues on appeal. Since this was consistent with your wishes we accepted the offer on your behalf. What happens next is that the VA attorney will draft a Joint Motion for Remand, that we will review and sign off on. This should occur within the next 30 days, unless VA requires more time. Once the JMR is filed, the Court will approve it and send the case back to the Board. Please let me know if you have any questions at this stage. Kind Regards, Alec U. Ghezzi Training Advising Attorney Vietnam Veterans of America 425 Eye Street NW, Suite 2W.220 Washingt…
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There should be a law on how many camp exam can order
I have been to 8 comp exam for a smc claim this is crazy. Now I got a remand that state if I decline the exam make a decision on my record. That is what is to happen by law for smc benfits. But I got a remand to fight with this qtc place about my claim. Since I did this petition the board is gone crazy. It really time to bring a class action lawsuits. About this to many veterans are getting caught in this money game of comp exams. How many comp exam have you had during the claim and appeal and cavc remand process? Exam until you get one to say what they need to denied claim shouldn't be legal The bva judge all but told them I am b…
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Va asking for more time to response to my petition
I am so pissed I just had to oppose the va request for more time to respond to my petition. The court gave them 30 day now the lawyer is asking for more time to get a response from bva and ro about my cavc remand. If it was in the va system still as a cavc remand they shouldn't have a issue address them. I just oppose them asking for 15 days lets see what the court say. Crazy part I was just told there was a admin strive error made by put my effective dates under a new docket under ama. But they still haven't send them back to the judge tho. This is a crazy process this time for real.
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I found out were it all started
Ok I am just posting again to show ppl the error that can happen after a cavc remand. Here is the court remand it reverse and set a side the effective that were granted By bva Jan 30 2018 Here is the bva remand to ro. The bva told ro to granted the same effective dates from the bva decision Jan 30 2018. the court set a side. Not legal Now I am in the new appeal lane for this issue with a July 2021 appeal date.smh to hold for years The court reverse the adjustment disorder The board remand it and stated it can only be return to the board if I do the va form 9. Starting a new appeal. We're did the cavc remand stated to do all this. It…
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SMC L
Hello Everyone, I received my claim back today. The VA awarded me Aid and Attendance SMC L1 based on every condition I have from 100% Rated Loss of use of feet, 100% Rated PTSD, 100% rated Stroke and even 50% rated sleep Apnea. I have ratings totaling 650%. Can the VA lump everything together? loss of use and being kept safe because of PTSD are 2 additional and separate listed items under SMC. I’m so confused. Thank you for answering and giving me advise!
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Advance on the docket
Is being on social security disability enough to advance on the docket at the BVA
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BVA NOTICE
The Board of Veterans’ Appeals has learned that a limited number of Veterans may have had their Board Appeal forms (VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement)) mistakenly rejected for being untimely. Out of an abundance of caution, the Board is sending out a wide notice to help ensure no other Veterans were impacted by this. If you filed a VA Form 10182 with the Board between February 19, 2019, and March 23, 2021, and believe it may have been improperly rejected as untimely, please send a letter to the “Clerk of the Board” at P.O. Box 27063, Washington, DC 20038 or via fax to 1-844-678-8979 no later than March 1, 2022. In your letter,…
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100 OLD LEGACY SYSTEM
How much true is there on what i was told, that after a denial on an appeal on the old Legacy System are mandated by Congress to be reviewed by a judge within 3o days.
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Round #1 at the CAVC
My battle with the VA continues. Got some appeals at the CAVC. I have other appeals at the Board. Looks like my attorneys are fighting hard for me at the CAVC I wonder how long it takes to get a CAVC decision? Daniels Rule 33 Summary of the Issues.pdf
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Earlier Effective Date question
I was granted SC from a claim I filed in 2015. I currently have an appeal at the BVA for an increased rating and an earlier effective date. My question is if I win my appeal and am granted an EED of 1978 and increased % that would give me either 100% schedular or 70% and TDIU how would that work? It seems that some SMR's were not considered in my original denial in 1978 and were instrumental in overturning the denial in 2016 . The appeal legal brief is requesting a total rating of 100% or 70% and TDIU as of September 2015 and EED of 1978. Would the 1978 EED be computed at my current rate or would it be the increased rate?
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Ok here is the error I am fighting
Ok here is the cavc remand. Upon consideration of the foregoing, the portion of the January 30, 2020, Board decisionfinding that Mr October 2018 NOD did not encompass that portion of the July 5, 2018,rating decision granting a 70% evaluation, but no higher, for a psychiatric disorder is REVERSEDand the matter is REMANDED for further adjudication; the portions of the January 30, 2020,Board decision denying an effective date before May 9, 2018, for the grant of SMC and entitlementto SMC in excess of the housebound rate, from May 9 to July 17, 2018, and at the aid-and-attendance rate from that point are SET ASIDE and the matters are REMANDED for furtherdevelopment, if n…
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Cavc remand ? For rater or ex va employee
Ok I no I am not crazy. If the cavc remand and issues to bva than to ro. Isn't there a different system for cavc remand to be listed in va system aren't they work in a different system. Ok if va give a new docket number isn't it take out of the cavc remand system. An treated as a new appeal in the regular system Why would you have to start a new appeal process on a cavc remand. Because they didn't give you a soc or ssoc. To me and we will soon find out it not legal. Cavc remand are to be return to front of line. Not give new docket and numbers they are not a do over for the bva We shouldn't have to start the appeal process all over for …
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