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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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Want to understand why VA seem to get eed wrong
It is my believe and experience that the VA are changing docket number after bva remand to them. It about the wording in the bva remand order. Bva judge call your appeal issue a down stream issue. use the words grant In the first instance. The board granted the issue with no rating. The ro Grant 10% your case should be return to the board front of the line if you disagree. The regional office will start a whole new appeal stream All these thing will get the ro to have you new nod VA form 9 to get the appeal return to the board. When it should be automatic be send back Now when you do the nod or form 9 the regional office is …
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Remands, Remands and more Remands
Once again, more proof that the VA cannot just go and try to reduce a veteran's rating while in appeal status. You can look them up for yourselves. Medrano v. Nicholson, 21 Vet. App. 165, 170 (2007). In a May 2019 decision, the Board, in relevant part, granted a separate rating of 10 percent, but no higher, for the Veteran's right knee instability. The Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). In a February 2020 Joint Motion for Partial Remand (JMPR), the parties agreed to vacate and remand the May 2019 Board decision as to the grant of 10 percent rating, but no higher, for the Veteran's right knee instability. Specifical…
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My Appeal was Granted for earlier effective date!!!
It’s been a loooong time since I last posted on hadit. I just wanted to share the news. I just checked the website and it said my appeal was granted. I’m so overjoyed. I’ve been fighting back and forth for many years botched va exams and ratings. I was granted 60% for my skin condition but the date was wrong. They gave me 60% dated 2012 but I first submitted an increase for my claim in 2007. From 2007 to 2012 I fought to go from 30 to 60 due to mistakes by the examiner and them totally overlooking evidence. Several exams later in 2012 they granted 60% So when I got 60% in 2012, I appealed because it should have been 2007 due to botched examination er…
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Well the bva judge has spoken it's alot going on
Well I got the bva remands. First you can't refuse a exam the bva judge has stated I refuse anymore exams. Get a medical opinion based on my record with out a in person Exam. And listed the evidence to be address by the medical opinion. I say that a win. They now have to address that my mental health has been in appeal status since 2001. Win. They still try to not address how I reopen the mental health appeal. Service records from 1993. Lol we tackle that later. 1993 effective date not 2001. They now have to address my loss of use. Win. All that evidence listed. Win. Only thing I don't like is that they are try to make me do a new f…
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CAVC DECISIONS, AFFIRM OR REMAND.
Truth is truth and facts are facts, when veterans are rated P & T, this rating is awarded/granted only when a disability is determined/rated/adjudicated to most likely to last the rest of the veterans’ lifetime. This rating is not going to go away. Now let’s add SMC, a veteran rated P & T, SMC may have to be re-evaluated to determine what level of SMC he/she should be awarded but the fear of reduction could hinder the re-evaluation if the veteran think that the VA will try to reduce his/her current rating. Keep in mind that the VA just can’t just reduce a veterans rating, the VA must prove that the veteran disability has improved. Also, a negative medical opinion …
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Good News Good News Good News
My attorney contacted me and told me that I have a new remand for the new year and the VA attorney did not have an argument for my contentions and conceded everything. So, I hope this is just the beginning and more will begin to post their success. Not sure how long it will take before I get my CAVC decision and finally my award, but things are looking up. I will share more when I get my hands on the decision letter.
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Motion for recosideration or full court review. Cavc
I wasn't even going to do the federal circuit court appeal. But the more the VA play these games I feel some one has to put them on the spot. Ok I post this for other to understand the process. Ok I did a petition for relief to the cavc about the VA removing my cavc remand from legacy to ama. This has been a 3 year thing I have ask them to merge my appeals back together. Nothing Well the court has seen the error and refuse to address it. This is a VA tactic you get a cavc remand they call the cavc remand a downstream issue or stated they are remand to ro to grant in the first instance. They start over the appeal process wi…
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Can a Veteran be "kicked out" of the VA health care system?
I'm new to posting and didn't know where to post this, so I started a New Topic. Hello, just looking for input from anyone who had a similar experience or any advice. I retired from the Navy in 2004. I don't use the VA for any healthcare but recently found out I'm enrolled and don't remember enrolling. I had a C & P exam at the Wilmington NC VA clinic 2 months ago. While I was there I noticed the Optometry clinic so I went in said to the staff "I didn't know the VA had different frames to choose from, I thought it was just BC glasses" The staff said "No, there's choices and we do eye exams too" I said "I'm not registered in the VA healthcare system, so…
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Increase for Mental Health rating
Hello, I am currently 30% disabled for adjustment disorder with anxiety, I filed a supplemental claim for an increase with documents of past hospitals that I've been to (outside the VA) with my VSO 8 months ago and had the increase denied. Since then I decided to get help from the VA and I am seeing a psychologist and psychiatrist to have my issues addressed, and have a pretty thorough paper trail with the VA for the past 6 months, they are taking the route of treating me for PTSD. From what I understand all mental health issues are lumped together, but for some reason instead of filing another supplemental claim with the new VA records my VSO wants to file fo…
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Ok file the form 9 let see what there next move is.
Well I had a VA appointment and had the VA fax the soc to me there. I get home and all it stated is my appeal for mental health from 2003 was closed. They don't address how I reopen it and it was granted using service records from 1993. 38 cfr$3.156(c) reopen and appeal claim using service records and effective date. Well anyway I am been told all 3 appeals are at the final stage. No exams that good but I believe they are going to try an back track an prolong my cavc remand. We will see what the next move is. The court denied my petition for relief about been removed from legacy appeal when I never requested it or opt in. Smh. I got…
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What does "Compensation Issue" term mean??
Hi everyone, So my appeal was closed on July 15. I haven't received my letter yet but under the issues tab on va.gov, where it used to say the items i was appealing, it now says "compensation issue." Is that normally what it says just when they close the review? Has anyone seen any other terminology in that section? Thanks for your input.
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Anticipation
I know I may be dating myself but every time I think about waiting for a VA decision I think about an old commercial about anticipation. The fact that veterans have to go through what we have to go through with the VA and then get a call from our lawyers, representatives or even from the VA stating that they have made a decision and the time it takes the VA to send this decision out sometimes I think it is really unnecessary. I remember working with finance and military pay and we were able to correct a soldiers pay within 3-5 days if there was a problem. Thinking about how good it will be when I can finally buy that forever home 🏡.
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