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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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Decisions ,decisions Decisions
i am still torn up on nodding my 30% as i have been advised! or to let it go and hope for secondary claims to win. i am not really after the back pay as much ,as the future,being treated for my illnesses and having enough money to live on month to month. what i got aint aint gonna cut it. and i know the lawyer is giong to be interested in how much back pay there is, one reason i dont mind paying a little extra. i am trying to get " legal help for veterans" to look at my case. i sent them a copy of the award today. james g. fausone is the one. i hope to at least get some advice if they will not take the case. if they say nod i am going to nod if they will re…
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tdiu Effective Date Of Disability?
I have finally managed to get the VA in Seattle to acknowledge that I am 100% disabled, but it was a VERY LONG and involved process. Question I have is that I filed a claim for an increase in my hearing disability back in August 2004, which was denied a year later. I appealed, and was scheduled for a new audiological exam in May 2006, but the contract audiologist was ill. She (can her office) notified both the local VARO and QTC of the problem, but I was not told until I arrived at her office. I promptly contacted both VARO and QTC and asked for a rescheduled exam, providing them the details. It took almost 6 months of work to convince both that I actually was there …
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Champva
I spoke to a 82 year old lady who husband's is 100% t&p, has been since after the Korean conflict. This lady told me she used to be on champus (now champva) but is was taken away from her when she started social security. Does anyone know if this is right? I thought you could be on s.s. and still draw chsmpva!!
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Timeframe
Anyone know how long it should take to get a decision once record is with appeal board at regional office after requesting DRO review for initial appeal.
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Bva Reconsideration
Sorry I hope people don't think I'm spamming the boards here. I started this thread under research because I forgot this one existed. I was notified by my lawyer today who has my case at the U.S. Court of Appeals for Veterans Claims that the BVA granted me reconsideration. To me this sounded like a good thing. She doesn't agree. She wanted me to overnight a letter to the BVA saying I withdraw my motion. Then Berta replied to my first post and I talked to my SO at the American Legion. They both think this is a good thing. They think the BVA does not grant this reconsideration unless they realize they made a mistake. I tend to see it that way too. The problem …
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Another Nod Or Bva
Filed a NOD and finally got it back but with a denial. They listed my original claim evidence but not the additional evidence I submitted with the NOD. Plus 1 number in my social security # was wrong. So is my only option to file a Form 9 and resubmit everything I sent with the NOD? I was hoping to save me and the VA some time. Tthanks.
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"new" Evidence
What constitutes "new" evidence in a NOD? For instance, if my C file indicates the C&P doctor's medical opinion, and then the VA evaluator did not use all of it, can I cite the C file as "new" evidence? Also, does the evaluator only rate you on what you specifically filed for? Or, if the C&P doctor, in my case, a TBI specialist, indicates many problems not formerly in my paperwork, but directly caused by the head/brain injury, do these have to be claimed formally to be rated?
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Finally Va Has Acknowledged
Yesterday I received BVA decision to formally remand my claim- the initial informal remand for additional development was 2 years ago-and although the VARO said this was with a DRO again- for 3rd time- this is the order from the BVA to get off the pot. I was thrilled- this is the FIRST time the VA has referred specifically to 3 IMOs I have-regarding the right claim- my AO death claim- the BVA said my assessment to have the claim remanded was correct and they also stated: "The evidende is neither cummulative nor redundant of the evidence already of record. The evidence is material in that it addresses the unestablished fact of a nexus between service or a service…
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Ro Soc, Bva Summaries
Hi Everyone, Does anyone know when an RO issues a SOC or the BVA issues a decision they have to include positive evidence to show the balance was not in favor of the Veteran. Every SOC from my RO and my BVA decision mostly only talked about the negative evidence versus my pile of positive evidence. I wasn't sure if they just have to give you the evidence for denial or have to weigh it out in the SOC or decision. It would seem to me under the law for reasonable doubt and weight of evidence they should include both sides of the story and tell you how their side outweighed yours no?
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ptsd Dro Review
I opted for the DRO review on my NOD for the PTSD rating they awarded me. Do not have a date as of yet, when this will be. I'm a little nervous about this and wondering if there are any tips or info on how to prepare for this.
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Bva Remand
Just recieved the brown envelope from BVA and it was a remand.I have heard that some vets wait for years for the RO to comply and at age 70 I don't have a bunch of those left.So I need some real advice on what to do next since the letter states a remand cannot be appealed to the court of appeals.It appears to me according to the wording of the remand that they are doctor shopping since they asked the RO to get a VA doctor opinion to rebutt the IMO from Dr. B.So I need some good solid advice as to how to approach and what is the next step.Should I try to find a lawyer at this stage or wait it out?
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Huntington/the Waiting Game?
I just made a call to the Appeals Management Center. I was told that my claim is in Huntington ready to be rated. I had a Psych C&P done on 8/6 and my physical C&P done on 8/8. I want to go to the VAMC here in Dallas and get copies of that. My claim from 2002 was re-opened and remanded back to the RO back in June. So things are moving pretty fast. I have a warm/fuzzy feeling that this may be 'it'. Both exams went really well. Ironically I received a letter from a study that is being done for women vets who suffered sexual trauma/assault. I joined the study the following week. He saw that and asked me about it. Wanted to know if I called them. I told him no they ca…
0 votes10 answers