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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
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I have hired an attorney and want to know if I or he can receive my file faster? Also has anyone went this route and what is about the average time line for an attorney to submit an appeal on your behalf? Thanks
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What are the proper procedures to request a copy of my c file? Thanks
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Hello everybody I hope everyone is having a Good Friday. Almost 18 months ago I submitted through the vfw a appeal and this went to the board. After reviewing they remanded the decision back to my local VA office. There was evidence that was not included and I guess errors. In the meantime I am working with a provider that’s working a nexus letter. Should be done in the next week. with that in mind I expected the appeal to get denied and it took a while. I figured if I can get a nexus letter and send it then it could be added to the claim. Now that the appeal is back with the lo
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I’ve had an appeal on file since 2013 for Fibromyalgia and bilateral knee pain. The appeal went all the way to BVA. During the process they loss my appeal. When the VSO lawyer got involved I started to see traction. As of last week the BVA remanded back to the RO. I read the letter 4 times and it sounds like BVA is scolding the RO for “overlooking” pertinent information like my STRs. The judge gave specific instruction that RO must do assist with connecting my knees to my degenerative bank at 40%. I think I need an IMO and updated DBQ. But in addition to the above it would appear tha
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I have read a lot of Veterans appeals. I wondered "why" my attorney did not "argue" all my points, and instead just did one or two? Now I know why! I see Vets "complain" in their appeal, for example, "that the C and P doc only spent 20 minutes" on his exam. How is that relevant? Does the Veteran know that the doc could well have read his file for 3 hours and not need much more? Sometimes, we just want to shorten our appeal. Dont mention in your appeal how rude your "ask Peggy" person was. Just the facts, please. Here is why: Its a "dilution" effect: https://getpocket.
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The Board just granted left and right sinus tarsi syndrome, osteoarthritis of ankles, and bilateral pes planus. What are the sinus tarsi syndrome rating percentages? Waiting on the decision letter.
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Thanks pacmanx1, my SSDI letter states that " There are no jobs that exist in significant numbers in the national economy that the claimant could perform". Should I appeal to the board with option 2, so that I can submit more evidence? Such as IMO etc.
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I received my denial letter. In the evidence it doesn't mention SSDI, I sent the award letter with the packet. The SSA states that my knees are the only reason I'm receiving SSDI. I also put in my right knee for secondary because they replaced it when they did my left knee which was SC at the time. They didn't mention the right TKR, they mention palpation and patella tendon, but it has been replaced and that's what I stated on my claim. When I submitted my TDIU I was rated at 30% left TKR and 50% major depressive disorder, I ask for a secondary on my right TKR on a separate claim. They combine
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TDIU
Combat eng replied to Combat eng's question in VA Disability Compensation Benefits Claims Research Forum
Can anyone comment on post I posted yesterday at 2:45 yesterday. I tried to upload decision letter. Thanks -
Are appeals just long in general or does it depends on the evidence you are submitting and what route you are talking on your appeal? Is it best to get an attorney during this process? I've been reading and it seems daunting.
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If I file a NOD do I need to bring it to their attention that there was no mention of SSDI in the evidence section of my decision. How do I no if they considered it?
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I reviewed my 21-8940 and it ask if you receive Disability Retirement Benefits. Is that the same as SSDI? I marked no in that box , but I sent a copy of my award letter with my TDIU packet. Should I file a NOD and submit that as new evidence or what route should I take? I'm sorry if I'm asking too many questions. I've learned a lot in these last 2 days from all of your comments. I should've joined earlier, but I'm technology illiterate. What forms do I use or should I go to a VSO. They weren't much before I got this far on my own. Thinking about an attorney, what do you know about Hill and Pon
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I haven't worked since 2009 and was awarded SSDI in 2014. When I filed for TDIU I included my award letter from the SSA. There is no mention of SSDI or SSA in the evidence that the VA used to make their decision. I know they had it because I included it in my claims packet. The awards letter states vocational expert opinion and only include my service connected condition as the reason for me being granted SSDI. Should I see this in the evidence the VA used to make their decision?
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I checked my decision letter again and as I said before there is no mention of SSDI anywhere in the evidence section. I know that the VA had it because I sent the judge's ruling as a part of my packet. I appreciate all of your help, but I'm new at this. I've gotten myself this far but now I need assistance. I've got to look up all of the abbreviations you used to further understand. I have no way to scan my decision letter is there any other way? What is the difference between CUE and NOD, and do they both require new evidence?
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I have received my denial letter yesterday for IU. I'm rated 30% for left knee replacement ,0% for right knee replacement and 50% major depressive disorder. The VA replaced both knees in 2018, the left knee was service connected at the time. I tried to get the right knee rated as secondary but was denied. I have been receiving SSDI since 2014 solely as a result of the condition of my knees as stated in my award letter from the SSA. I don't no what my next move should be now. Should I hire a claims attorney and if so who? Need help badly. Thanks
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I started my first va disability claim in 2010. It was for sinusitis and rhinitis. I only had a few medical records documenting that I said I had sinusitis and rhinitis. The first doctor didn't agree it was from my service. So I didn't get the nexus. I appealed and it went back to the VARO for a review. After a year or so It came back and I put in for the BVA appeal. I got my C&P exam last year after a remand. recently I found out that everything I asked for was granted from VA.gov appeals history section. It says updates take one to two months. I don't know what ratings I got because
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I have an appeal at the BVA from a claim I started in 2010. It was remanded and I had to do a C&P exam last summer. The current wait list says about 25,000 appeals are ahead of mine. It appears to be going down about 2000 a month. I figure that means mine should be at the front of the line in about 12 months from now. Do you know if this timeline thing on VA.gov is accurate?
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Hello! First off, Thank you all! - for this website, your time, and your passion towards helping fellow veterans! Started the PEB process on active duty (2012 at the time), so I'm just trying to sort this out and find where things went wrong. The claims submitted among this process only listed 3 contentions - of which the DoD rated me unfit at 10% W/ severance pay, while the VA rated those conditions (totaled) to 40% upon exiting service. My story - First, I don't agree with the PEB findings, but I signed off on it at the time without a full understanding of "
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VA in the DMV area
Anharris posted a question in VA Disability Compensation Benefits Claims Research Forum
Hello, Quick background; I injured my back severely in Kuwait in 2013(I was 22) no proper medical exam or treatment at the peek of the injury just pumped full of pain meds. Once back in the states it still took months before Someone decided I actually needed an xray just to be told I was fine. There were times where I’d experience temporary paralysis below the waist, daily pain levels above 5, numbness, pinching and burning sensations in lower back and to be told nothing was wrong made me want to give up and suffer in silence because no1 seem to take me serious. However the pain was so in -
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.
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Please, welcome new VET2VET podcast episode: https://youtu.be/waV5t0HPtbM Today we are joined by Thomas Wendel, DAV National area supervisor for West Cost Region. Thomas E. Wendel served in the U. S. Marine Corps from 1983 until 1997. Since 1999, Tom has worked assisting veterans in processing various entitlement claims on the local, state and federal levels; first in Clare County as a county service officer and then when he came to work for the Disabled American Veterans in 2000. In 2008 he was promoted to the position of supervisor of the DAV Service Office in Detroit and later
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TDIU and Chaptrer 35 Education Benefits Question
Bigkevo44 posted a question in TDIU Unemployability Claims
This past Friday I received a decision from Department of Veterans Affairs Regional Office regarding a NOD that I had filed nearly two years ago. In October of 2016, I was awarded benefits at 70% retroactively from 2010. About 4 months prior to actually being approved, I requested that I be awarded TDIU as well. After all the dust settled, I was awarded TDIU back to June of 2016. However, my original claim was from January of 2010. As a result, I sent in a NOD requesting that TDIU be retroactive back to 2010. I was just mailed a letter from the VA stating that "Entitlement to an earlier e- 6 replies
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