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Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
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3,121 questions in this forum
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Decisions inconsistency at BVA level
So to kill time, I have been reading 2022 BVA decisions. I have seen a few cases that are pretty similar. For example, Vet 1 filed a claim for a disability 10 years after service, had an event or injury while in service, a current diagnosis, no IMO or anything, was granted. Vet 2 pretty much same scenario, denied. Lots of cases that I have read is pretty much lowering my morale level. In example, I had an event or injury while in service, a current diagnosis as well as a diagnosis while in service. I have read one denial case that stated that disease and or injury did not manifest within 1 year after service. My retirement physical did not include x rays even thoug…
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Appeals to BVA Docket Date
I have appeals at the BVA in the AMA and I see on the BVA web site Appeals Metrics that the Current Legacy Docket Date is up to Sept 2019. Does this mean they are reviewing appeals in the legacy lane up to this date and if so how do we know what the date is they are reviewing appeals in the AMA.
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Now at CVAC level, one big hurdle that seems to be the issue….
My husband has now been denied at the BVA level (only took us 7 years). He has every neurological issue there is and he was at Camp Lejeune in the late 70’s. They keep stating that this didn’t start while he was in the USMC or within 7 years afterwards. We have 2 very good nexus letters, we had a review from a physician that we never met (that was favorable for my husband), we even had genetic testing and he had no markers genetically at birth. yet he was still denied. The VA states that this didn’t manifest in the military or within 7 years afterwards. It was more like 15 years afterwards but we didn’t know about CL until 2009. They also mention that since his ancestr…
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VA lawyer brief more game
Well today they put in there brief an my lawyer got 7 days to respond than it back with the judge. Ok here is the biggest issues to me. First I apply for mental health 2003 the VA has once again left my claim pending in appeal status. Ok so I apply for mental health with service records 2018. Granted 70% on appeal. They VA is refusing to address any issues with the effective date. Smh. Guess I will be do the cue if the judge allow this. Ok effective dates for smc benfits. They keep trying to play the informal claim game. Smc should have been inferred they never address anything on this level. Last they refuse to g…
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BVA Allowed VARO to combine 2 Separate Conditions
So, haven't been here for awhile, tried to stay offline. Filed a claim for Seronegative RA in Sep 2009, went through the entire process to the BVA, got an examiner who agreed with the SNRA diagnosis. VARO actually rated 12 joints for residuals. I also had a pending request for increase for the left knee following meniscus removal from October 2010. Separate from the SNRA. I got a letter from the BVA that stated my SNRA for the left knee was granted? Never got a SOC for the SNRA, but the BVA decision stated I was sent one 7/2021. I immediately filed NOD to the VARO with an error because they combined 2 separate claims. I had claimed SNRA as a chronic p…
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All these changes at the va at not helping veterans
So I was just thinking about all the changes to the va system. First the comp exam system. U can't get a copy before they use it on your claim. The no phone contact with bva no more. They are ordering exams for all issues now with no way to say anything. But put in a statement and hope some address it This is my opinion other may love all this new stuff. But to me it looks like a set up to reduce rating and not to grant many claim's. And the veteran has no phone contact with anyone. Now let's talk about the mail thing they put out something saying they are adding day to any notice letter. So if they say u to late you got to app…
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I got my letter from the va
I was granted smc k, an auto allowance, & loss of use of left hand. Now I filed another claim at the same time as this one & it was a supplemental for my tdiu claim. In the letter for my claim increase it says tdiu is deferred for medical opinion. Did they combine my claim increase & my supplemental claim? Also is a c&p examination not a medical opinion. My claim increase is also still at evidence gathering instead of closed. The lady at IRIS didn't understand why that was. Just trying to understand what the va is doing. Any opinions will be greatly appreciated thanks.
0 votes16 answers -
BVA Claim
My claim for popliteal aneurysms was received at the BVA on March 17, 2020. So finally my claim was distributed to a veteran law judge on May 10, 2022 and the status so far just says that a veteran law judge is reviewing my claim since May 10, 2022. On July 10, it will be under review for two months! Does anyone know why my claim is taking so long to decide? Thanks Mark Z.
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HLR Informal Conference? Statement? Both?
Hello all. Hopefully an easy question as I can assume that there are a good number of people that have questioned this, and have gone either way, when appealing to a Higher Level Review (HLR). When I fill out my paperwork for a HLR, should I check the box and ask for an Informal Conference? Should I just submit a statement? Should I do both? I have heard good arguments for, and against, the informal conference. Some say it's better to speak to the rater to make your case and make sure that all the evidence was looked at. Others say that It's better to submit a statement making your case because the rater can't look at the claim until you're on the phone with th…
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Hypothetical question
So the VA wants to complete all Legacy Claims by the end of 2022 which we all know that it won't happen. I fall up under the legacy system. I just had a BVA hearing a couple of months ago. I am unsure of what the outcome will be. If for some reason I get denied and have to go to CAVC, will I still fall up under the legacy system? If that's the case, how could VA say that all Legacy appeals should be completed by the end of 2022?
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SCOTUS Arellano v McDonough
https://www.scotusblog.com/case-files/cases/arellano-v-mcdonough/ Looks like the heavy hitters are getting a piece of the action. Will Andrews v. Principi and Irwiin v. Dept. of Veterans Affairs be overturned? Argument begins in October.
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Well look like my cavc appeals will not be merge
Here it is I apply for smc and mental health. They were all together all the way to the cavc. Which remand back to bva The bva turn them in three different appeal with different docket numbers. I requested the bva to merger my appeal back together. Nothing. Did a petition judge order them to explain why they didn't merger back They just process all three decision and the court dismiss my petition as moot. So I appeal them back to the cavc and ask them to merger them . Month ago. So the judge order my lawyer to say if he want them merge still an gave him 5 days he reply yes. Well it been 12 days no answer still. But now one c…
0 votes10 answers