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Found 102 results

  1. 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 bills off!
  2. 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
  3. 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. What happens next? The Board will make a decision A Veterans Law Judge will review all of the available evidence and write a decision. For each issue you’re appealing, they can decide to: I don't know what is being appealed. My appeal was awarded a month ago and that's the only appeal I have. My appeal was remanded to the director of compensation and after they got done with it my appeal was awarded. So why would it being going to BVA judge now? I also have a dependency claim for my son in college and travel back pay reimbursement.
  4. 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.
  5. 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. This appeal is now closed ________________________________________ However Ebenefits appears to not yet been updated as see below. You have a 80% final degree of disability. Rated Disabilities Disability Rating Decision Related To Effective Date tinnitus 10% Service Connected 03/08/2011 migraines (previously addressed as headaches) 50% Service Connected 08/01/2017 bilateral hearing loss 50% Service Connected 02/11/2016 sleep condition Not Service Connected post traumatic stress disorder (PTSD) Not Service Connected PTSD - Personal Trauma ______________________________________________ I would expect that should happen soon and I will then be able to view the new percentage?
  6. 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 received my monthly disability checks with no issues.If anyone can offer opinions about this that would be great. I looked just a minute ago on VA.Gov and see that the claim has now been closed. The purpose of it was listed as Verification of separation pay amount (New)..Does that mean anything to anyone? Thanks
  7. 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 = functional loss = limited motion) Do you agree that the VA again failed to apply these laws? Should I have been granted a 20% rating? I wanted to ask about something else I am considering adding. In Nov 1997, I had a C&P exam which was lost, but I later found it in my claims file. It is never mentioned - ever. What's great is in the second C&P exam, the doctor stated material from the first exam was "misplaced". Key factors: 1. C&P examiner stated (in exam #2) that this material from exam #1 was misplaced (that's a CUE just by itself) 2. Dictionary definition of "midway" is "halfway" 3. Simple math: 35 mm divided by .5 (half) is 17.5 mm. 4. The DeLuca factors would confirm limited motion began at 17.5 mm. Would a reasonable person to come to the conclusion that limited motion began at 17.5 mm? Or would this be considered weighing of the evidence? I tend to disagree because this evidence was never weighed by the VA. Also, my interpretation uses objective facts (35 mm, midway meaning halfway, and common math). There is no attempt to weigh evidence. Thoughts?
  8. Hello everyone. I filed an appeal this past October 28th. Since the appeals process has changed and I am new to this, has anyone appealed a denied decision or a low rating recently and has received a decision on the appeal? If so, how long did it take to get a decision from the date you filed? I am just wondering how long the appeal takes. My claim was pretty quick, it took about 3 months which wasn't bad. Thank you all.
  9. I filed for tdiu and ptsd claim in Oct of 18, I didn't have all my medical files lined up and was given service connection for unspecified anxiety at 30% in March 19, and denied tdiu for failed scheduled rating needed and they mentioned that I had work experince and helped for a year with my niece , weird mention in the paperwork for why tdiu was denied but whatever. So I filed supplemental claim in april and had a highly regarded univeristy brain department and psychiatrist department diagnosis me for ptsd as a referral from the VA. So boom got another c&p in June and was given 70 % rating for ptsd but didn't file anything for the tdiu, at this time hired a va lawyer before I got my 70% rating thinking id have to appeal if they denied my ptsd again but they didn't so then I kept the lawyers on as they looked at my files for more things to be done and then they had me file tdiu paper work again but then on OCT 31st they filed a higher level review for my TDIU decision going back to march when it was denied. My two questions are how does HLR handle tdiu claims and cause I was denied originally for it for lack of rating and lack of medical evidence does my new c&p in June and my medical diagnosis with recommendation that got me to 70% now, will that evidence be included in the review of the tdiu or is the Review just of the evidence that was available at the time of the original denial back in march? I've been out of work for over a year as well but haven't kept a job down for a decade though I've tried for sure. OIF 08-09 1-22 INF, 1 BCT, 4th I.D. Also do granted my tdiu effective date should be Oct 2018 right as my intent to file date? Thanks
  10. My husband, Marine Korea, Camp Lejeune, received 100% disability for kidney cancer, then VA cancelled it saying not enough proof. Can't be biopsied due to congestive heart failure and location of small tumor and radiologist and urologic oncologist have stated he has renal cell carcinoma. There are CTScans. He appealed. Now ALL his medical records from the original disability claim and the appeal, all filed by the local VA rep. have disappeared from his online file. This was confirmed today by the VA dr. who did his yrly. checkup. He could not find them either and said it is very difficult to delete the files and they are gone; showed me the empty screens. For those that are wondering his medical for the cancer was done at outside source because he has retired medical insurance from NYS and medicare. Has anyone heard of files disappearing this way and what have they done about it? We live in Bayfield, CO, 4.5 hrs from Albuquerque, NM and 7 hrs from Denver? I do have copies of the relevant files. Thank you for any help, Bob and Alice
  11. Hello, I checked ebenefits and it said I received a GRANT from the CAVC for increased rating "anklyosis of the shoulder." I had appealed for depression and anxiety as well and they were not addressed on ebenefits so I am guessing it is still on remand at the BVA level. Ebenefits also stated that my remand would take 16-24 months. I am currently 60% with 10 for tinnitus, 20 for ankle, 20 for shoulder, 20 for shoulder radicupathy, 10 for knee. What does all this mean? if I am not providing the information needed for input I am happy to do that but at this time I dont know what else to provide you guys. Thank you.
  12. My VSO let me know that my OSA appeal was denied. My original claim was a direct service connection. I read the sleep apnea field manual from Chris Attig and appealed the decision. On appeal I stated the OSA should be secondary to PTSD and sinusitis. I obtained an IMO from Dr Anaise and a DBQ with the at least as likely as not and medically necessary (CPAP) statements from my psychiatrist. My question is on appeal can you submit evidence to make it a secondary condition or does it need to be filed as secondary from the beginning? I haven't received the RAMP appeal denial letter yet. Also is there a section in the 38 CFR regarding secondary conditions with an original direct service connection claim?
  13. Yesterday when reviewing my medical records I noticed an examiner did a C and P/DBQ addendum. Im currently 70 percent and submitted for an increase(12 months ago) and also filed for IU(2 months ago). I don't know what this nexus means and would like to know if the exam was for the IU or increase claim. This examiner did a table top review as I wasn't present for it. See below: Please utilize this form when responding to VBA requests for either addendums or clarifications of prior VHA examination reports. This Veteran was seen for a C&P examination in December, 2017. At that time it was felt that the most appropriate diagnosis was that of a mood disorder, which was considered to be severe. At that time it was noted that the Veteran had been able to complete a college degree. In July of this year the Veteran was admitted to inpatient treatment, which he successfully completed, and he continued in treatment throught the remainder of this year. Treatment notes reference some improvement in functioning, with the Veteran reporting boredom. At this point, given the available information, I believe it is as likely as not that the Veteran's severe mood disorder would make it impossible for him to maintain employment over an extended period of time. Perhaps vocational rehabilitation, combined with his continuing in treatment might make it possible for him to obtain and maintain employment at a later So my question is.. Does the nexus look favorable? What was this exam for(IU or my increase)? My increase is in front of the DRO and was filed in December of last year after my initial award. The IU claim was only filled a month or two ago. The C and P exam was done 15 days ago. Any assistance would be greatly appreciated
  14. Hello all, I received my disability decision rating for my initial claim about 2 weeks ago. I would like to submit additional evidence to support my claim and receive a higher rating on some disabilities and service connection on the issues denied. On the VA Form 4107, it says I have two options: Start an appeal by submitting a Notice of Disagreement (NOD) Give us evidence we do not already have that may lead us to change our decision I am interested to learn more about option 2, because I have heard appeals can take longer. It is not clear how to submit additional evidence (who should I send to, can I submit through ebenefits online or do I have to mail?). If anyone has experience with submitting additional evidence instead of submitting a NOD, I would love to get your advice on exactly how to submit and how to track and follow up with the VA after submitting. Thank you!
  15. Hey everyone, love the sense of community and support here, long time reader first time contributor...Anyway, just another OIF marine veteran from the mid 2000s here with a few questions. I initially filed a claim in 2010 - was awarded 80% in 2011/2012 and filed an appeal shortly thereafter for tdiu. I was awarded ssdi and have had continual treatment from the va for ptsd, tbi and lower back injury. I was denied initially, filed a nod and hired an attorney. Seven years later my claim seems to have been diversified, my appeal for an increase in rating has been sent to the board (vets.gov shows this as an “open” issue) and beneath that under “closed” issue my appeal for tdiu says GRANTED. When I called the va to ask for more info the rep confirmed a DRO had approved it August 18, 2018 and that it was awaiting final signatures for the paperwork and benefit to be dispersed. My question to you all is does this seem about right? That the DRO granted tdiu while a p&t appeal was pending board review? It’s been over two months since the DRO approved it, how much longer do you think it’ll take to conclude? I saw that awards over 100k need to be authorized by the central office, is this a likely cause in delay? What are some average times between DRO granted benefits and benefits received? Lastly, this has been seven long years and my heart dropped seeing this update, I know anything can get screwed up in the government but would I be foolish to think it’s incoming? My life following Iraq and the things we did to those people had been a nightmare burdened with grief and guilt. While I’m working towards a whole life, the stress of financial burden alleviated would be a great supplement to focus on my recovery without needless strains. I really want this to be true!! Thank you all for your help!
  16. My traditional appeal has been going in awkward direction. I know eBenefits is not reliable but in my case it has been because I confirmed my changes with the BVA ombudsman.  I’ve been been battling back and forth with the BVA for 25 years. However, I’m just caught of guard with the BVA’s recent development. The Judge and her team of her attorney’s that was reviewing my case temporarily placed my folder back in the storage room. My appeal status was “waiting in line to be placed on docket.” My claim was only in that status for a few days and then my claim was then changed to “with appeals judge.”  I learned my claim was reassigned to a new judge, which is the previous judges supervisor. Has anyone experienced this or any know what may be going on?
  17. Yesterday, I received a call from Client Service regarding my Appeal that’s currently on the the BVA Judges desk. I missed the call; however, the lady left a message stating that she will call me back. I called the number back that was on my caller ID and the operator stated the lady that called just wanted to give me an update on my Appeal and will call me back. Has this happened to anyone else? I had several appeals go through the Board but never have I received a call about my Appeal. What is Client Services? Thank you!
  18. ok so ,,,, if you read back on some of my posts you will see the issues i was having with the va, long short.. i was : 20bilat 20bilat 20bilat 20bilat and 40 = 76.4 PAYS 80 NOW IM, 40 bilat 20bilat 20bilat 20bilat and 40. = 83.4 PAYS 80
  19. I appealed for an earlier date for PTSD and Individual Unemployability. I received my 100% December 10, 2010, and appealed to the date I originally applied for benefits (November 2007). I just received the Order approving both but the Order states "It is granted, subject to controlling regulations governing the payment of monetary awards". Does this mean that I get no back pay - as I didn't receive any back pay - just got the approval from Veterans Law Judge, Board of Appeals. Should I appeal the fact that I received no back pay? Any help would be appreciated!
  20. I filed my NOD four years ago, next month. Still waiting for a decision from the DRO. I am wondering how long other Veterans here, have been waiting for an answer on their RO Appeal.
  21. please help soon friends because,,, I NEED TO CALL MY VSO IN DC 2MRW BECAUSE HE JUST EMAILED ME SAYING THAT IF I WANT TO WIN A RECONSIDERATION CUE ABOUT A MISTAKE AT THE LEVEL OF THE AMC BVA LEVEL IM GONNA BE UP THE CREEK ONLY BECAUSE 5 OUT OF THE PAST 30 YEARS HAS BEEN GRANTED. SOME BACK DROP ON THIS IS,,, MY APPEAL WAS GRANTED BY THE AMC IN DC AND I FILED FOR AN INCREASE AT THE RO.... WELL RO CALLS ME AND SAYS ITS THE WRONG JURISDICTION AND THAT HE IS LOOKING IT OVER AND AGREES WITH ME ON WHAT THEY MISSED IN THE RANGE OF MOTION FOR FUNCTIONAL LOSS ... SO HE SAYS HES SENDING IT TO THE ORIGINAL JURISDICTION OF THE AMC IN DC AS A REQUEST FOR RECONSIDERATION AND AS WE ALL KNOW THAT IS ACTUALLY CALLED A CUE. SO IM STUCK ON WHAT TO DO NOW PLEASE HELP AS I NEED TO CALL THEM 2MRW WITH AN ANSWER. this is what DBQ states for abduction this is what the decision letter said and why this is cue?????
  22. ok so.... little more news about docket #s so when you file your form9 not your nod date not your claim date... its the date you file your form9 for appeal at bva.. not your dro , the bva. then it starts time. i dont mean to sound this way but so much he said she said on here.... the date you sign the form 9 and it is put through the checklists is the day you get a docket. this docket is not disclosed to you the veteran because you probably have an issue with it. thats another point but,.,,, so if you have a few different appeals going and your newest appeal has yet to get a formal form9 then the bva mysteriously is allowed to give you a docket year of the last one. no matter if the others are older... if they roll all into one then you get the last date. some might say who have royalty payments... well its because they are contentions close to each other...FALSE .... EARS HAVE NOTHING TO DO WITH ANKLES...... HANDS HAVE NOTHING TO DO WITH ERECTIONS....... ANYWAY..... GET IN ON THE DISAGREEMENTS OF THE DOCKET RULES AND FIGHT.... ITS ABOUT US BUT ALSO THE ONES TO COME.....
  23. Quick question, my appeal was approved at 100% with eed. After having letters updated, how long does retro pay take to hit? I have heard up to 6 months? And seen people saying as little as 2 weeks? Edit: this is a NOD, at my regional office. Edit 2: my NOD was for an increase, and it was granted to 100%. Which, like I said, is reflected in my letters on ebenefits correctly at 100%. The letters updated last Thursday. Not sure what to think. Thank you all for your help
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