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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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Flare ups for increase ? Great Deluca argument?
according to 38 C.F.R. §§ 4.40 and 4.45 i believe i should be increased from 10% to 20% please look at these codes then look at the DBQ from Dr i provided you will see the flare up measurements. Code 5252: If the hip is limited in how far forward (flexion) it can move the leg, then it is rated under this code. If it cannot move the leg more than 10°, it is rated 40%. If it cannot raise the leg more than 20°, it is rated 30%. No more than 30° is rated 20%, and no more than 45° is rated 10%. Code 5253: All other limitations of hip motion are rated under this code. If the hip cannot swing the leg out to the side (abduction) more than 10°, it is r…
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How is this interpetided?
3.309(11-07-02) Disease subject to presumptive service connection (a) Chronic dis3ases. the following diseases shall be granted service connection although not otherwise established as incurred inor aggravated by service if manifested to a compensable degree within the applicable time limits under3.307 following service in a period of war or following peacetime service on or after Jan. 1, 1947, provided the rebuttable presumption provisions of 3.307 are also satisfied. Anemia, primary arteriosclerosis arthritis atrophy, progressive muscular brain hemorrhage brain thrombosis bronchiectasis calculi of the kidney, bladde…
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Denial of Sleep Apnea without C&P Exam
Howdy All, I originally file a claim for Sleep Apnea (OSA) in 2008 after I was diagnosed in late 2007. That was after I retired from the Navy so the diagnosis was never in my military health record. I filed it on my own because my AMvets rep said it would not get approved and he would not mess with it. The VA sent me a request to allow them to contact my doctor directly that I signed and sent back. I knew nothing about a NEXUS letter or lay letters or even the connection with Reflux, Rhinitis, and Sinusitis. A short while later after they contacted my doctor I received the denial letter stating "Not service connected". Because of my ignorance I accepted that until a…
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Good or bad? Pending dispatch from bva.
Last week I found out a veterans law judge started on my file on Tues. April 10. I found out through vets.gov then called the BVA to confirm. Today, April 19 I looked on ebenefits and saw that a decision was was and my case was depending dispatch. Again I called the BVA to confirm and was told the same. My case was only in front of the judge a week. Has any else seen their cases move this fast? My claims were ptsd and degenerative arthritis of the shoulders. My docket # is 14-38 003
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BVA Appeal and BCNR Discharge Upgrade Motion to Advance
Does anyone know how long it takes for the BVA and BCNR to process claims after your Motion to Advance request is applied? I have a Disability Claim Appeal that has been certified to the BVA as well as a DD149 Discharge upgrade application at the BCNR to upgrade my discharge from a General Under Honorable Conditions discharge to Medical Disability Retirement due to being diagnosed with Adjustment Disorder with Mixed Mood/Anxiety before being discharged, and it has now been upgraded to PTSD and Manic Depressive Disorder because I wasn't getting help after I got out of the military because I thought I was okay. I am just now starting to get to a good mental state of content…
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Treysnonna
I posted a question yesterday, I thought. Ok here it is again. The judge picked up hubbys appeal on the 18th of April. For those of you that has gotten appeal results, how long fro: the time Judge picks it up till they have a decision. On vets.gov?
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Should this be an appeal or a new claim?
In 2005 I received service connection for a disc in my neck. The MRI showed only one at the time with problems. Then early this year a new MRI shows issues with every disc in my neck. A new claim was put in for an increase that was approved for radiculopathy in my right arm but service connection for radiculopathy in my left arm was denied. Part of the issue is the MRI shows stenosis in a different disc than the one for my service connected radiculopathy. Should that be handled as a new claim altogether for the new damaged disc and then secondary radiculopathy or a NOD with corrections on the disc information? Thanks
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Not worth it
Hi, I am considering not appealing. Why? I do not trust the raters, I do not think they understand MS (multiple sclerosis) and I do not want to go through anymore time wasting. In hindsight I should have left things alone, requesting an increase created more issues/problems plus the county VSO's appear like they could care less. I know I have "NEVER GIVING UP" in my profile but in this instance perhaps I should. This VA runaround has me feeling defeated already. You can't fight city hall or the VA. H
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How to proceed?
Good evening, I want to apologies about dropping so many questions. I half assed my claims all of these years and am finally motivated. One of my original claims that were denied was a shoulder injury I suffered during PT 45 days before I got out. I was denied out right for 'no evidence to warrant service connection for a chronic disability associated with your right shoulder. ' On my final physical it was noted I had a ' suprascapular rotater cuff strain.' Of course it wasn't chronic yet, it was fresh. I also checked painful shoulder. They also denied device connection for tooth injury residuals. On my dual physical I also noted admission to a C…
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CUE or not?
Good day, The VA service connected me for "Raynaud's Syndrome with Chilblain's Syndrome" in 2013. I am interested as to whether or not the following statement in the rating decision might constitute a CUE, based on various VA lawsuits (inferred claims) "NOTE: It was unclear from your statement received April 1, 2012 if you were claiming paresthesias, hyperhidrosis, nail abnormalities, persistent athletes foot or you ears as part of Raynaud's / Chilblains. Please clarify your statement and notify us if you are specifically claiming those issues separately from your already service connected disabilities." ** I did appeal the Raynaud's rating, howeve…
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BVA Decision Letter Arrived
I was pleasantly surprised to receive my decision letter early this week (22 April) as my BVA hearing was ~ 14 Feb 2018. In any case, the BVA granted me a 60% rating for a service connected disability previously rated at 0% effective November 2010. My questions is this: How long does it "normally" take for my revised disability rating to be reflected in my VA eBenefits account summary and how long before the monthly electronic funds transfer catches up with the BVA decision? Thanks for any feedback
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How to deal with gross errors by VA?
In 2011 I filed an appeal with the VA. In 2012 I filed a NOD and a form 9. I called the VA several times and was assured my case "Was working its way through the process". Then around 2015 I called and was told: "Your case has already been closed, but there is no reason why." The VA then reopened my case. Finally, it recently showed it was "Pending dispatch", but for the WRONG claims! For example, I filed for Ehlers-Danlos syndrome but they then showed Lupus. I filed for high blood pressure, and they showed Sciatica. I called again and was told those were errors because my form 9 showed Ehlers-Danlos not Lupus etc. How can I deal with this? As far as I can tell,…
0 votes2 answers
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