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  1. I searched the forums but did not see this in the appeals section. I have a pending appeal for my right foot for service connection, and I'm in the process of sending a statement to the Board of Appeals. My question is can I ask the Appeals Board for a percentage rating prior to winning the appeal for right foot service connection. My reasoning is, if I just send the Appeals Board my statement without requesting a percentage and I win the appeal for right foot service connection, then I might have to file another appeal if the RO gives me a lower percentage, and wait anothe
  2. I filed a claim for Sleep Apnea secondary to my PTSD, which is service connected. I have been diagnosed from the VA as having sleep apnea, and given a CPAP to wear at night. I used Carpenter Chartered Law Firm to do the claim, but got this denial letter (attached is an excerpt). In it, it says "In the absence of other major risk factors such as obesity it would be reasonable to attribute OSA to PTSD as this is considered a risk factor for OSA from uptodate.com". My thought is that if both obesity and PTSD are considered risk factors, shouldn't it be a 50% chance that it could be either
  3. So I am getting juggled a bit between VSO since my awesome last one retired so would appreciate the proper route to take. I was just rated at at 50% Pes Planus with Plantar Fasciitis under 5276. This was a supplemental claim for only pes planus that was filed on 02/01/21 with a decision made on 03/12/21. After speaking with a VSO, who read me the decision letter and raters notes, he said there is no doubt the 50% for pronounced pes planus was justified, but was not sure why they arbitrarily added plantar fasciitis to the decision. I mentioned to the VSO that effective 02/04/21, a diagn
  4. Kind of wondering if anyone has seen this before on my appeal for sleep apnea, I am confused. I had my hearing by virtual and it say the VA law judge is reviewing you claim, under compensation issues it has the following: Appeal received March 2020 Up to date as of March 16, 2021, at 5:25 a.m. ET Status Issues Issues Closed Granted Compensation issue
  5. Hey folks, just wanted to share some info. I was waiting for a hearing and got some info from DAV. If you want a virtual hearing you must call your representative and ask for it, if va.gov says video conference it won’t be scheduled until the DAV/va offices re-open. I called and my DAV rep contacted the hearing coordinator and within a couple hours I was scheduled for a hearing in May. I sent my NOD in August 2020. I don’t know of this applies to legacy appeals.
  6. I have received 100% P&T. However some very black and white conditions were denied completely. Should I still appeal the denied claims even though I am 100% P&T? (it has been over 1 year since my claims were denied). I have 2 fears: 1. VA will eventually one day reduce my 100% P&T randomly and I will regret NOT filing an appeal 2. I file an appeal for the denied claims and then the VA digs deeper into my 100% and 'changes' their mind and then reduces me. Basically I don't want to wake up the sleeping giant and would rather fly under the radar
  7. I have roughly one million questions but I'll try to keep it simple. This is the first time I am appealing a denied claim (though not my first denied claim - I currently have 50% combined). Almost exactly one year after my C&P exam I finally got a denial for both of my knees). I did a HLR informal conference and now my va.gov status says "The VBA is correcting an error". Here is the decision I received on Dec. 7th after the Higher Level Review (sorry I couldn't figure out how to add image) and below that are my questions. Decision: 1. A duty to assist error has been identified
  8. I am currently rated 10% for keratoconus with a visual acuity of 20/70 in my right eye and 20/40 in my left. The DVA decision letter states a higher evaluation is not warranted unless there is documented incapacitating episodes requiring treatment visits for my eye condition. My question is whether immunotherapy (allergy shots) would be considered treatment visits. I've been receiving 5 allergy injections weekly for the past several years to reduce my eye allergies so I can wear medically necessary sclera lenses for keratoconus. I have no other allergy symptoms except for my eyes. If I do
  9. I'm sure this is a question that doesn't have a sure answer, but I am wondering what kind of wait times for a hearing people have heard of/experienced when appeal under Appeal Modernization. I am in line for an appeal hearing, but is it worth the wait when I could go into the evidence appeal line faster? The only thing I'll be pointing out to the judge is that an under qualified examiner changed a diagnosis made by a specialist and that the exam was significantly sub par (didn't even physically examine all the claimed issues). It seems like I could easily put that in writing and submit it
  10. I’m in line for an appeal and confused on the remand process. I was denied because a c&p examiner changed my diagnosis from arthritis to strain on some joints and said no diagnosis on others. My file has at least 2 doctors (more qualified than the c&p examiner) stating my arthritis diagnosis in the joints I claimed. Also I was granted for my back and hip. I imagine if I win it will get a remand, but if it does can the board order the RO the service connection is granted and they need to perform another exam to properly rate severity? Or is service connection up to the RO to decide
  11. Forgive me if this has been asked previously. I am trying to navigate the site and did not find anything searching for it. I am currently service connected at 50 percent for depression, listed as MDD and Anxiety. Had a heart attack last year. STEMI. CAD diagnosis. In discussing lifestyle changes, I was asked what my stress level was as far as job, home life, leisure, prior health, etc. Stress is high and depression is thick and real. Was told that the depression and anxiety COULD be a contributing factor and Id want to be as stress free as possible. Applied for secondary heart attack,
  12. I have an attorney appealing my TDIU claim. I want to know if l can I file a secondary claim for my back and hips as a result of my TKRs ? Do submit the claim myself or do I need to go through the attorney? Can filing a claim during an appeal upset the appeal process? Thanks
  13. I received 70% SC decision after an appeal with IMO in Feb 2011, Portland Oregon. The case has not been reviewed since then. I passed the ten year mark in Feb 2021 making the SC determination permanent though the rating percentage could still be changed. Reason was aggravation of high functioning autism (there was psyche “counseling” and a potentially dangerous med prescribed on active duty on a remote desert air base when I was 18-19 yo). Was awarded SSD in July 2018 on first try with no appeal needed, reasons were high functioning autism (same as VA SC award reason) and “poor impulse control
  14. I'm not technically proficient with computers. How can I up load a copy of denial letter to get some feedback? I don't have a scanner.
  15. How do I show that the failure of my right knee was caused by the injury I sustain to my left knee. I injured my left knee during a bridging accident in Bosnia in 2001. I had Surgery to fix the damage in 2002 at Fort Gordon. It was never the same and got worse causing me to put more weight on my right knee. In 2010 the VA sent me to have orthocopic surgery on both knees and they assigned a 10% rating to my left knee but nothing for the right knee. In 2018 the VA replaced both knees and assigned a final 30% rating for the left knee only. What options do I have as I was denied a secondary claim?
  16. I was rated 20% for my shoulder due to many dislocations and 10% for cervical strain. I applied for lower back condition thru the DAV. It was denied because they stated the scoliosis I have is not service related. I appealed and asked for a hearing. Since I didn't mention scoliosis in the claim I'm not sure why that is all that they looked at. I've had a back Xray which showed "2. Mild anterior endplate spurring, with disc heights maintained. 3. Thoracic dextroscoliosis, measuring 22 degrees" Which I'm told is indicative of degenerative disc disease and/or a
  17. Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process! My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status. Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bi
  18. Waiting to hear from appeal VA said it is waiting to hear from dav on the paper work from you. I'd appreciate an answer. thank you. Gregory F Mcgrath
  19. My appeal has been waiting to be sent to VLJ for over a year. VA.gov updated today noting that a VLJ is reviewing my appeal. Fifteen issues for the VLJ to decide dating back five years.
  20. Your appeal is waiting to be sent to a judge Your appeal is at the Board of Veterans’ Appeals, waiting to be sent to a Veterans Law Judge. Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge. Decision soon Your appeal will soon receive a Board decision. Submitting new evidence at this time could delay review of your appeal. If you’ve moved recently, please make sure that VA has your up-to-date mailing address.
  21. This will help explain "which form" to use. Don't be embarrassed if you dont know which form..many times the VA doesn't know either!!! https://cck-law.com/blog/7-most-important-va-forms-and-how-to-use-them?utm_source=newsletter&utm_medium=email&utm_campaign=July_2020
  22. Hi everyone, I just looked at VA.gov and this is what I see: Appeal received September 2016 Up to date as of July 11, 2020, at 9:00 a.m. ET Status Closed Granted Service connection, Post-traumatic stress disorder _________________________________________ The Veterans Benefits Administration granted your appeal The Veterans Benefits Administration agreed with you and decided to overturn the original decision. If this decision changes your disability rating or eligibility for VA benefits, you should see this change made in 1 to 2 months.
  23. I looked on my ebenefits today and saw that on a "claim for military pay in lieu of compensation was updated/filed in July" Why would this have been filed? I did not file it, and I did not retire from the service. I did have a case that a Court of Veterans Appeals judge was ruling on and my attorney called me a few weeks ago and said the might be open to reviewing IU for me. Is this related possibly? How? I did get a separation payment when I left the service and the VA withheld all disability payments until is was all paid off. It took about 10 yrs but was satisfied. Since then I have re
  24. Did the VA make the same CUE twice? Please offer your opinion. In my CUE, I asserted the VA failed to apply: 38 CFR 4.40 Functional Loss 4.45 The Joints Key provisions of the DeLuca ruling (painful motion = functional loss = limited motion) Here is the rating decision denying CUE: The VA acknowledges that a loud click was heard and painful motion started at 29 mm (falls in the criteria for a 20% rating) Again, the VA failed to apply: 38 CFR 4.40 Functional Loss 4.45 The Joints Key provisions of the DeLuca ruling (painful motion =
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