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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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I need a "sympathetic" Orthopedic Dr. for a claim appeal
I was wounded in "Nam, and lost all the toes on my left foot. I have a 40% SC disability, and because of 48 years of walking with an altered gait due to the foot injury, I have developed an arthritic hip. My claim was denied because the VA said there is no service connection with the hip. I can't get a Dr. to sign the D&B form stating that the hip issue is related to the foot. Can anyone help me with an orthopedic Dr. who is willing to fill out the VA form. Several have said that it "probably is related, but none are wiling to state it on the form.
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What happened to my SoC and Grant Letter?
Hey Folks, Let me give you a quick run down on my timeline: 2/15/18 - Original entitlement date 4/27/18 - NOD submitted for appeal 7/9/18 - Additional C&P in response to NOD, addresses requested service connection and rating increase 7/31/18 - DRO Hearing. Assuming it was formal, as my attorney was with me and it was recorded. Informed I'd have the results within 30-60 days. 8/10/18 - Statement of Case issued -- Here's where things get strange. The SOC was issued, but never mailed out. I did some digging and found out that I was awarded service connection for one of the conditions I claimed, and I guess that's somehow still waiting on fin…
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Writ of Mandamus Granted?
If I am reading this correctly, I believe my petition for a writ of mandamus has been granted. The last two paragraphs of my case at the Court of Appeals for Veterans Claims: "Based solely on the petition, the Court can't decide if a writ compelling the RO to decide the petitioner's claim is warranted. So, it is" "ORDERED that, within 14 days of this order, the government file a response to the petition addressing the petitioner's claims." Now to wait and see what the Regional Office does. From the time I sent my petition to the Court 9/25/18 until today 10/4/18 that is pretty darn fast. Thanks to broncovet for the encouragement and to all of Alex's …
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not a Q but a STATEMENT about the power of an IMO/IME
im currently writing my award time frame and my success story for this Great Veterans Blog Information site. but, in the mean time i want to stress and admit that all the others here stressed to me ,,,, if you get any type of small retro and believe your going further in your VA quest for benefits you deserve. please please,,, do your self a favor and save $2,500 and get an IMO/IME... it is the world of difference... if i can say that 1 of the 5 most important things ive learned here on this site is,,, the importance of realizing that a C and P exam will never get you there no matter your evidence. please take this advice and save up to get your imo/ime and then get …
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getting a lawyer for cvac
if anyone deals with Ken Carpenter office in kansas... they absolutely suck... they are so cold and treat you as if you are meat. ken carpenter law firm is dirt.... please opine here but im saying ken carpenter law firm in kansas is top shit... they treat you so bad like worse than VA,
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Chevron Defernce under fire, this is good for Vets!!!!
Its high time the VA is prevented from getting their way with Veterans, at Veterans expense. The "Chevron" deference, from the 1980 Supreme Court, basically means that a government agency gets to interpret any laws pretty much how they see fit. Example: In Howell, congress is quoted as saying: However, the VA has decided to deny many Veterans SMC S, if they show up to a c and p exam, as that means they "can" leave the house. The way I see this is that any TDIU Vet should get SMC S...because they are "unable to overcome their particular disabilities and leave the house in order to earn an income"...by defination of tdiu. In a rec…
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DUTY TO ASSIST Claim vs DENY CLAIM in 90 days
Ebenefits shows claim Opened and Closed in 90 days flat. Right on the date. Had some C&P's. No BBE with reasons yet. BUT IT IS CLEAR that the VA is doing more to DENY then to assist. Did not ask me for any additional information. So went from Claim to Deny in 90 days? But this is what has happened to me in a short period of time since I filed my claim: 1. Facebook account someont tried to hack as i have 2 step authenticaiton and I received and email alert to that affect. 2. Twitter account which I have had since 2010 and never used never tweeted/followed someone tried to gain access. 3. I had an appointment with my pain management DR one day in early…
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Ken Carpenter
Anyone know if Ken Carpenter, Topeka, KS, is still practicing VA law?? I just read "Buie" and feel he may be the one that would/should take my appeal to the CAVC. Thanks! pr
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How long for an AMO grant with flashed status???
Can someone else who had a flashed file at the Appeals Mgmt. Ofc. PLEASE let me know how long you waited for the granted portion of your BVA decision to get rated? Decision date was 7/5/18. I've been told by everyone who looks in the computer that my file is flashed with the highest priority within the expedited group. Was also told that it was assigned to a Supervisor to be worked and it was given an initial suspense date of 9/19/18. When I called back a few days ago to see if they have even started to work it...the answer was no. This is beyond frustrating so I'm hoping someone out there has had a similar experience and can give me an estimate of time. Thanks in a…
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Got my BVA decision
Haven't been able to talk to my lawyer yet, but i'm like 98% sure I am getting more backpay. ORDER: Entitlement to rating higher than 70% for ptsd prior to feb-01-2016 (last backdate) denied Entitlement to a total rating based on TDIU is granted from 12-08-2011 to Jan 31, 2016. So if I understand this correctly; I am getting roughly 4 years worth of backpay?
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White House Hotline
Hello Hadit Community. Just to refresh anyone's memory on our case.......my husband appealed a rating decision on migraines in 2011. He had his hearing in April 2017 at which time the judge discussed the possibility of TDIU because he is unable to work. He filed TDIU claim that day with his VSO. In December 2017, that claim closed and was denied. When his appeal came before the judge in Feb. 2018, he made the IU claim a part of my husband's appeal. We received the BVA decision on March 7, 2018 stating his migraine increase rating to 50% was granted and the TDIU was remanded. Since that time, there had been no movement. We made IRIS inquiries and called the VSO seve…
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AMC holding my retropay hostage
I filed for TDIU back in july of 2014 and was denied I went through the entire Appeals process and was granted TDIU I also have on the appeal a REMAND for Special monthly compensation. The SMC stems from the VA doing botched eye surgery on me which has now effected my life forever (for the worst) The BVA has since sent both issues to the AMC. TDIU was granted SMC is on remand. TDIU was granted this year July 12th. I have already received my packet and the SMC remand has already received a C&P exam and given me a docket number in the 50k range The AMC has no call center and isn't under the jurisdiction of the BVA or pretty much anybody. It ha…
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