Jump to content
  • Searches Community Forums, Blog and more

Search the Community

Showing results for tags 'appeal'.



More search options

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • Coronavirus - COVID-19
    • Coronavirus - Covid-19
  • General VA Disability Compensation Benefits Claims Forums
    • VA Disability Compensation Benefits Claims Research Forum
    • Appeals Modernization Act AMA
    • RAMP Rapid Appeals Modernization Program
    • Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
    • Veterans Compensation & Pension Exams
    • E-Benefits Questions
    • PTSD Post Traumatic Stress Disorder Claims
    • Entitlement - Veterans Compensation Benefits Claims
    • Eligibility - Veterans Compensation Benefit Claims
    • CHAMPVA
    • TDIU Unemployability Claims
    • CUE Clear and Unmistakable Error
    • Success Stories
    • OEF/OIF Veterans
    • VA Caregiver Benefits for Post 9/11 Veterans
    • SMC Special Monthly Compensation
    • IMO Independent Medical Opinion
    • Veterans Benefits State & Federal
    • VA Medical Centers Navigating through it
    • Medication – Prescription Drugs-Health Issues
    • VA Training & Fast letters, Directives, Regulations, Other Guidance Documents
    • MEB/PEB Physical OR Medical Evaluation Forum
    • VA Regional Offices
    • VA Disability Claims Articles and VA News
    • VA Law
  • VA Claims References
  • Specialized Claims
    • TBI Traumatic Brain Injury
    • Mefloquine / Lariam
    • Gulf War Illness
    • Agent Orange
    • ALS - Amyotrophic Lateral Sclerosis
    • MST - Military Sexual Trauma
    • Radiation Exposure from Operation Tomodachi (Japan Earthquake Fukushima Nuclear Assistant)
    • Project SHAD/Project 112
    • Vocational Rehabilitation
    • VA Pensions
    • DIC
    • FTCA Federal Tort Claims Action
    • 1151 Claims
  • Veterans Helping Veterans Podcast
    • Veterans Helping Veterans VA Claims Podcast
  • Welcome Aboard
    • Help Files - How To Use The Forum
    • Introduce Yourself
    • Test Posting Messages Here
    • Roll Call
    • Technical Support For Forum
  • Extras
    • Hiring an Attorney Discussions on S. 3421
    • Social Security Disability Questions
    • VA Scandals
    • Discounts for Veterans
    • Title 38 / 38 CFR
    • 38 CFR 3 Adjudication
    • 38 CFR 4 Schedule for Rating Disabilities
    • Federal Register Announcements
    • Active Duty MEB/PEB Physical OR Medical Evaluation Forum
  • Social Chat
  • Veterans Social Chat's Social
  • Veterans Social Chat's Topics

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


AIM


MSN


Website URL


ICQ


Yahoo


Jabber


Skype


GooglePlus


Military Rank


Location


Interests


Service Connected Disability


Branch of Service


Residence


Hobby

Found 96 results

  1. 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?
  2. 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.
  3. 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
  4. 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
  5. 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.
  6. 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?
  7. 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
  8. 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!
  9. 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!
  10. 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?
  11. 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!
  12. 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
  13. 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!
  14. 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.
  15. 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?????
  16. 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.....
  17. 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
  18. 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 rated 20%. If it cannot move the leg inward across the other leg (adduction), it is rated 10%. If it cannot rotate the leg outward (toes point off to the sides) more than 15°, then it is rated 10% DBQ+PG7.pdf this is the page that shows flare ups decrease motion ... the other is page for decreased motion for repeted use over time. please note that the 3 repeated uses was stated no. but these others state yes.
  19. I had infant asthma with all signs and symptoms of asthma gone by the time I was 9 or 10 years old. On my pre-enlistment questionnaire, I marked I that I had had asthma (question says do you have or have you had) I had it as a kid and it was gone. I enlisted in the Navy in 1979 and based upon all the research I have been able to find, with any history of asthma, I don't think I should have been allowed to enlist. I have my service records and they are silent of any respiratory testing to enlist. The best I understand is they accepted me with a presumption of soundness. I had not had any sort asthma symptoms for at least 8-10 years prior to service. During rigorous running and physical training in boot camp, I had an asthma attack and had to go to the dispensary. I filed a claim recently for service connection for asthma because it was aggravated in service and I was treated for an attack in service. I also have a 40% rating for a knee condition and have not been able to do much to be active over the years. At my most recent yearly VA physical, my cholesterol and weight were both going up so I figured I needed to do something to get some exercise. Swimming laps is something suggested to me so I tried that and after about 20 minutes of laps I had to quit because I was having asthma breathing problems. I told my VA doctor who treated me with a daily inhaler and a rescue inhaler. Both have helped improve symptoms. The VA denied my claim for asthma saying it was preexisting. I had been asthma free for almost a decade prior to service. If regulations at the time I enlisted say I should have been disqualified for service, but they let me in with a presumption of soundness, what steps do I take in my appeal? My mother has written a lay statement of the chronology of my childhood asthma and when symptoms were gone. How do I show aggravation v exacerbation? What should a doctors IMO say? Thank you.
  20. I was dropped from 100 % to 90%. The reason was that they claimed my lung had improved and rated them down from 60% to 10% even though I was having problem breathing.I filed an appeal as they used the wrong reading to score my rating. They should have used the DELCO which was low. I was using the DVA as my representative but I never heard one word from them and never received any callbacks. I continued to pursue my shortness of breath and the finally did a right heart cath that showed I had moderate to high pulmonary hypertension. I believed that should have answered the question on the shortness of breath and settled the appeal. But no, pulmonology said that because they saw a wedge pressure between the left side of the heart and the right, it was cardiologists problem and not theirs. Today I just had a left heart cath and everything is clean. No blockage, only .2 tenths of a rise in pressure on the left side. So this proves it's the lungs and an automatic 100%. So I went in and checked on the status of my appeal this evening and it shows that it was withdrawn and has been closed. I did not withdraw it and have no idea who did. I also checked on the request for my C file and it stated that there was no information and the request was closed. So, what do I do now? Tucker
  21. Claim and Appeal status is unavailable Vets.gov is having trouble loading claims and appeals information at this time. Please check back again in a hour. I tried 7 times to do. it's work
  22. I looked at my C-File and the reason they denied my sinusitis was that they said I had no treatment for it in my medical records. In one of my medical records it shows that I told my doctor I had sinusitis. The doctor didn't treat me for it after I told him about it. So the VA says because the doctor didn't treat me for sinusitis that it doesn't matter if I mentioned I had it. At my C&P exam the doctor said it was more likely than not that my sinusitis was caused during basic training. The C&P doctor said also that I had allergic rhinitis. On my last claim I applied for rhinitis and they denied that too. The C&P doctor years before then said that my rhinitis was more likely than not caused during my service too. It's been 5 years so far waiting for my BVA appeal. When I wrote the letter I said "How's it my fault that the doctor failed to treat me for sinusitis when I reported it"? Do you think I'll be giving this sinusitis disability rating or not?
  23. My question is about De Novo Review and how the DRO reviews the evidence. In my DRO hearing I raised the several questions about the Denial of Compensation. Question 1) I addressed the DRO in asking how the VA could change the diagnosis from "Bilateral Patellofemoral Syndrome" to "Osteoarthritis"? Clearly I was Discharged with "Bilateral Patellofemoral Syndrome" under VA Code 5003-5099 Hearing Me: they're basing on traumatic arthritis...okay. I'm not 20 years old no more [sic]... patellofemoral syndrome has progressed from that on up and on up until now we've got an end result of osteoarthritis. DRO: Mm-hmm Me: So, the medical exam... everything's pointing... saying, well, we're denying you for the patellofemoral, but we're gonna give you arthritis. DRO: No, that's not... that's not the case. Me: Well, that's... DRO: (Inaudible)... Me: ...what it says right here. DRO: ...you're essentially service-connected for your knee condition, whether...you know...it's...it may be called different things, but essentially that is what you're service-connected for...is your knee condition. We can't...we don't...we can't evaluate it by splicing out different diagnoses or your...you know...involving your knee. We evaluate based on...like...what we discussed earlier...you know...your range of motion...instability...that kind of thing. Power of Attorney: They're saying that your patellofemoral syndrome has progressed to the point where there's osteoarthritis at this point and that's... that's what you have right now. Me: That's what I got right now... Power of Attorney: Right Me: ...but they're still not warranting...they're...they were denying the patellofemoral. Power of Attorney: Mmm. They're just saying it's...it's not patellofemoral... Me: Yeah. Power of Attorney: ...anymore it's...it's arthritis now. Me: Well, that's the word they used...they denied it. Power of Attorney: Oh, well, they shouldn't have said that. DRO: Yeah, and I'm...I'm not sure that that was a... you know...a completely accurate description in there, but... Me: Well, because...I mean... DRO: All right, do you have anything else? And then the DRO closes out by stating that this Appeal is only about the related evaluation of the knee condition. And if I wanted a earlier effective date I would have to file a Claim for it. My question is if it is a Review of Claim then why is the DRO only going to look at the evaluation and not the complete claim? I mean he is suppose to be bi-partisan and look at all evidence objectively. Should the DRO of looked at the whole Claim because it was a Reopened Claim ?
×
×
  • Create New...

Important Information

{terms] and Guidelines