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Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
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3,123 questions in this forum
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Looking for VA Disability Attorney in Indianapolis Area
Well, we have been fighting the VA for 7+ years now and just received a denial from BVA on all conditions on appeal. We are looking for a highly recommended attorney to take it to the next level of appeal for us, but don't know where to start with finding a good attorney. Our VSO has been the American Legion, but they have not helped us. My husband is a Persian Gulf War Veteran- with numerous conditions (all of which are on the presumed list) and the VA continues to deny. I have managed to get him to 80% all on my own and through the advice I have read over the years here. I don't want to just give up after this long fight, and want to see it to the end. …
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Attorney Fees After BVA Grant: Calculating Past-Due Correctly?
Back on August 7 of last year, the BVA granted me TDIU and SMC (s) back to 2009. So, last week on the 13th, (9 months and 6 days after that BVA Decision) I received a dozen deposits into my bank accounts, 9+ years of retro. Now, it was my understanding that Attorney Fees of 20% would be owed up to the date of the BVA grant, which would be August 7, and that all money after that date was entirely mine. However, the VA also withheld 20% from those last 9 months. That means the attorney will get an extra $3,600+ from me because it took over 9 months for the RO to implement my new rating. Is this a mistake? Here's what the M21 says, which seems to me that no…
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nod What do I do with this?
Curious what to do with this piece of information. I was going through my c&p's and the one I had in Aug 2018 that bumped me to 100% has this line in it. "He reports breathing difficulties, diagnosed - Obstructive Sleep Apnea. " I was using my CPAP when my original C&P in 2013 was done. My record has all sorts of references to it, including the VA issuing me on and way. I have the Sleep Study results in my hands. So what paths are open to me? in the 2013 standards being issued a CPAP w/ an SC (PTSD) related condition should have given me a 50% rating. Today's standards say I need the medical opinion to state' "he will die without it" or other s…
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uploading evidence in ebenefits?
Hello friends. I am trying to upload more evidence for our TDIU claim. Anyone know how to do this in ebenefits?
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RAMP HLR time fielding feedback
Hi there! My first time posting so I apologize if I ask an answered question. I received a decision on my appeal and was granted 30% for ptsd. We (my attorney and myself) it was a rather extreme lowball. (I'll spare everyone the details). Anyway, we decided to do a Higher Level Review. To my astonishment, an informal conference was scheduled yesterday after only 10 days. Which brings me to my question. After the interview process is completed, how long did the process take to wrap up from there? Obviously I don't expect exact quotes, I'm just curious to see how long it took for others to move along after this step. (I got on ramp Jan 10, w…
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Nexus letter review
Hello, below is a copy of my nexus letter. I was wondering if anyone here could look it over? I'm waiting to give my doctor the all clear to sign it but DAV just refuses to get back to me. This is for a depression/anxiety secondary to tinnitus claim. Thank you Re: Confidential Evaluation of (blank) Date of Birth: (blank) To Whom It May Concern: On May 7, 2019, I provided a clinical evaluation for (blank). Mr. (blank) has been suffering from Tinnitus since his service in the Marine Corps. His service in the infantry resulted in significant and persistent symptoms consistent with the Tinnitus diagnosis, Since his discharge in…
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Suggestions needed for new Representation
Would like to change the person that is representing me, not happy at all with him. I live in Alaska so limited local choices, any recommendations? I know it will depend on the person I get but I am sure some places are better than others.
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Psych Evaluation
I'd been on lorazepam for around 10 years and my primary care doc wouldn't refill the prescription. An appointment was made for me with a psychiatrist and I ended up spending over an hour in the appointment, and there was more interest in my symptoms/background than I've ever seen with VA mental health. They switched me to another med for sleep and want me to go to a 4 to 6 hour psych evaluation. Currently, I've got an appeal filed for increased % of my awarded 50% (ptsd and unspecified condition) and an earlier effective date. My question is if this will be helpful to my appeal, or will it be harmful? I don't know what the test is, but the guy who made the appointm…
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Higher Level Review
I wanted to share my experience with this new "fast track appeal" option called Higher Level Review (HLR) and see if anyone else has had this experience. My original claim for IVDS of Cervical Spine and Knee Conditions, Bilateral ( Arthritis in both and have had 2 surgeries on left and 1 on right for meniscus tears) was approved at 10% neck, 10% left knee arthritis and 10% right knee arthritis. My contention is that all three conditions should be rated at least at 20% each. First, my neck has "straightened/revers lordosis" which is a qualifying condition for 20%. On both of my knees, the meniscus are frequently popping out, causing swelling, pain and locking w…
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Success At Last, New Ratings Today, 9 Months 1 Day After BVA Decision! Appeal Effective Date?
So, I woke up this morning and poured a cup of mud, and thought I should check eBennies. I am now OFFICIALLY 100% TDIU and SMC (s) Permanent and Total! Actually, I am also 100% combined even if they took away the TDIU, because I have two 60%, two 50%, two 20%, and four 10% ratings. They actually low-balled me on a couple of issues, but I won't waste anybody's time appealing, that would be pointless! A million thanks to all of the folks here on hadit who helped with information and moral support over the last nearly 10 years! Through these forums, I learned what evidence I needed to support my claim and appeal. I will be forever grateful. The Effective…
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Should I Appeal my VA decision?
I just received my decisions for multiple clams. I am temp 100% ratings right now for my knee. That will be going away in a month. I claimed some other issues that I feel are related to my rt knee being messed up for the last 40 years and 12 knee surgeries. They replaced the knee last year and up until that time I was at 10% (last 40 years) for my knee. They gave me 20% each for each foot for my neuropathy and 10% for my left knee. They denied 5 or 6 other things. They also said that the scaring on my rt knee from all the surgeries were related but denied any % for it, not sure why. I am going in tomorrow to see my rep that helped me file my clams for me, b…
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SITREP
Still waiting on DRO to Certify my Appeal. Doing quite a bit of research and the DRO Review is not technically a De Novo review. So, let me just post the Legacy Process here: Filed Claim 8/2013; Denied NOD sent 12/2014 DRO Hearing Granted 2/2016 C&P Exam 4/2017 Rating Decision; 60% Combined 9/2017 EED 8/2013 NOD Sent; SSOC received...no go. Form 9 sent 11/2017 Hearing box not checked; We selected Board Direct Review as this is fastest route Waiting on DRO to Certify Appeal. Expected wait time is 623 days. My Appeal should be Certified within the next 4 to 5 months. At this step, there could be a DRO Grant, more exams or another SSOC. Next …
0 votes2 answers