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  1. I usually review the BVA chairmans report, each time it comes out. (Every year). Why? https://www.bva.va.gov/Chairman_Annual_Rpts.asp 1. It helps me choose "which" appeal method I will use: BVA, HLR, SCL. On page 32, 2019 version, I read that 20.6 percent, overall, of Veterans appeals are denied by the BVA. I already know that about 80 percent of claims are denied at the VARO. So, do you want a 20 percent chance of winning (at the VARO), or an 80 percent chance at the BOARD? 2. It helps me decide whether to hire an attorney or not. If you look, also on Page 32, Attorne
  2. Hello. A friend of mine has a BVA hearing coming up in Dec. He does not want to travel all the way to Wash DC because of the COVID. What form, if any, should he use to tell the BVA that he will not be able to attend his hearing and that the BVA should decide his appeal without his presence? Thanks in advance for all your help.
  3. I feel like asking the BVA to CUE itself but I dont have a BVA case. There are 3 law judges here . 2 opining on an older NAs report and only one, the third case judge below , knows what he is talking about- as the remand in that third case here calls for the consideration of the 2012 report- Previously the HAS considered a limited and/or suggestive " association of AO to causing HBP- but after the 2010 , they found a "Sufficient" association between AO and HBP In this remand dated 04/28/20 In part it states: "Furthermore, the Board notes that the Veteran has medic
  4. 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
  5. Well folks, I finally crossed the goal line that I have been moving the ball toward since I started this adventure in 2010. A few days ago, I saw all kinds of crazy activity on eBenefits and VA.gov as I went to check on my slow shuffle in the BVA line. I had already had my hearing and had several claims granted, and was waiting for the VA to move forward on the granted conditions, or see if they were were going to handle the remaining two remanded conditions that didn't amount to much anyway. I was sitting back with something like 33,000 claims still ahead of me in the slow march, so I
  6. This post is about seeking the best advice for my next step(s). I'll try to be as succinct as possible, however, we are talking about the VA compensation process. I received a BVA decision in December 2018, most appeals were denied, however, the important one’s, back increase (40%) and SC for migraine headaches, although zero percent, were granted and the BVA judge also stated: TDIU: VA treatment records have raised the issue of TDIU as part and parcel of the claims for increased rating; the Veteran has submitted several records indicating findings by VA that he is not employable a
  7. Pittsburgh RO told me I can't file a "Motion to Advance Docket" until I receive BVA's denial? Is this correct? Doesn't make sense...defeats the purpose of the "Motion"?
  8. I have an appeal in with the BVA. In 1980 when I asked for an increase on my 0% rated disability, rather than increasing it, they totally removed it! I believe this is a CUE. I have just recently been awarded my disability @ the 100% unemployability rate. The V.A. even states in my decision that my knee should have been 30% PRIOR to service ... I submitted my NOD for new effective date October 2018 and have not heard a word; except folks @ 1-800 telling me it does not exist; only to recant when I tell them I am looking at the original ... Is this normal?
  9. 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 yo
  10. This may have been answered elsewhere but as a long time lurker I have not been able to find it. A brief background. I am at 80% SC (70% for a mental health disorder, 10% for a couple of physical disabilities). But nearly all of this has been awarded through BVA appeal process that has been on going since 2009. Part of the appeal has been TDIU. In short the RO did not automatically send the 21-8940 to start the process when I hit 70% RO and I didn't know I qualified. Once I did know I appealed and it became a part of the 2009 ongoing BVA appeal, but joined it in about 2014. A social/industrial
  11. BVA granted 100% Dec 20, 2018. Filed my claim Feb 2012. It's been a long hard road. Now I am just curious how long before I here from the regional office, and back pay.
  12. I've been a lurker on here for a little bit, I have been able to find most of my questions answered on here through a quick search, but I'm having trouble finding anything related to my current question. I had a partial grant last month from the BVA; two approvals, one increase, one denial, and two remands. I'm currently waiting on my RO in Muskogee, OK to promulgate my rating. They received my file on February 28th, 2017, and so far nothing has changed in ebenefits, and iris inquiries have left me with more questions than answers. I'm also in an expedited status due to extreme financial
  13. Good afternoon! I received the BBE from the BVA and all of my contentions were remanded by the BVA Judge. I’m fine with the remand; however, I believe the judge made an error writing my decision and I wanted to pick some brains. Two of my contentions, my right and left ankles were on appeal for a higher rating of 10 percent each. The judge remanded both ankles for and entitlement to initial rating in excess of 20 percent each. I wonder if the 20 percent is a typo or if the judge is directing the RO to begin the rating at 20 percent after the C&Ps. Have anyone seen this
  14. 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 ap
  15. 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 cla
  16. 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!
  17. DAV told me there is no expediting claims anymore even for Vietnam Vets. Only terminally ill vets, homeless, or going to be homeless are expedited, so it took DAV 5 months to get my claim into the system because they trashed it the first time because they are a corrupt organization. Mr. Edwards in St. Louis for DAV got Mr Stephen Kelly his 12 years of retro pay in one week without even filing a claim, the way I read it. Dan Knabe For DAV got Mike Franko’s claim “Expedited” after he had been denied once already, also got him service Connected, got his retro pay, and got him a job with DAV
  18. 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 T
  19. 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 fo
  20. 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 th
  21. I have a BVA hearing scheduled June 6th via video teleconference at Houston RO. I had the first BVA on Appeal hearing (video tele.) in May of 2016 and it was remanded for Jurisdiction back to RO. The RO denied again and I filed another appeal (BVA did not have jurisdiction at the time of the 2016 BVA video teleconference) so now another hearing is scheduled on June 6th with proper jurisdiction at the BVA. That being said, is a claimant allowed to audio tape the hearing? I ask because I have received a written transcript of the 2016 hearing and it is insanely erroneous. I also have j
  22. I have four appeals at the BVA level that were certified by my RO and none of the appeals have docket numbers yet. I understand about waiver of initial consideration for additional evidence. My questions are these: 1. How do I know what evidence the BVA currently has? Could be that lots of evidence I have is not at the BVA level and want to ensure they have EVERYTHING. 2. Will a waiver of initial consideration automatically apply to all evidence, past, present, and future? That is, does a waiver of initial consideration, prevent any of my appeals from being sent back to the RO
  23. Hello Fellow Vets,Spouses. Today i checked my E-benefits account to check status of my nod that i filed 11 Dec 2011. I am currently rated 60% total, 40% for DDD lower back,30% gerd and 10% LH fracture. I appealed my gerd rating because i indeed did have all the symptoms to meet requirements for a 60% rating for gerd and then some. That being said when i logged on to E-benefits i went to VA letters and checked my entitlement status. it says and i quote " DRO has reached a decision on your appeal, decision was forwarded to your rep and mailed to you"..that is all good, however it says my rat
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