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  1. So a buddy of mine has a claim that was just remand by bva for new exams. So for a month they offer exam 150 miles away. The va hospital is 15 min away smh. So it took them a month to get appoint with the place that does ssi claim exam. I don't like this it seem alot of veteran are get bad exams adding years of appeal time I don't understand the va hospital has ever specialist and has treated most of us all our disabled life. To me this seem like a step to getting rid of the va health system. And to denied more veterans
  2. I asked a similar question some time ago but am confused about something still. I have a BVA hearing waiting to be scheduled for my lower back claim. My original claim was filed as "lower back condition" and denied as "pre-existing scoliosis." My doctor has diagnosed me with DDD. If I want to be rated for DDD and not scoliosis, do I submit a new claim? Or do I submit all evidence to the BVA hearing and tell them I want to be rated for DDD not scoliosis? Thanks
  3. Hi Everyone I logged in today to check the status of my BVA claim and it said "Your regulatory or procedural review – Received March 12, 2021 has been closed as of March 12, 2021". But when I look at the claim it's still open so I called the 1 800 number and the guy acted like he didn't know what that means and told me that I'll be receiving a packet in the mail within 7-10 days. Has anyone seen this before and if so what actually does this mean and thanks in advance for the help and I look forward to your replies.
  4. I appealed my lower back condition (DDD, strain) and am still waiting on a virtual hearing since July 2020. I called and they said they are still on 2019 claims but would not give me any other information. From what I've read on here I'm better off withdrawing my hearing and submitting a supplemental claim with IMOs. I know I would lose the back pay though. Are there any other negatives to withdrawing my hearing? Does anyone have an idea how much longer I'd wait for a hearing? Thanks
  5. Good Morning! I was wondering if anyone can shed light on a BVA status question. My va.gov status has shown “A judge is reviewing your appeal” for a little over one year. I just noticed under Issues it is showing Closed and Granted for 3 of the 4 issues I had filed the claim for, which is wonderful news. Ebenefits is not showing any changes. Does anyone know what to expect next for the 3 that were granted? Since 3 out of 4 were granted, should I expect the 4th issue was remanded? Thank you again so much for all the experience and knowledge this site offers.
  6. Hey all, I have an upcoming BVA hearing in April and I am getting anxious. Despite the strong evidence that I have in my service medical records, VA records, and IME from a board-certified specialist, I feel like I’m still going to be denied service-connection. How did you all get over this feeling? I am an emotional wreck right now, far worse than I was waiting three years ago. Plus, my attorney is going to request waiving the hearing and submitting a written argument. I have a conference call with my attorney in two weeks to go over the written argument, but yet I am still anxious
  7. I know Hadit cannot address OTH Discharges But my case is different because the BVA decision states I based my claim on the wrong Army Regulation May 1956 instead of April 14, 1959. The Court found for the Boards decision, as this regulation was not before the Board at the time of the decision. I went over all AR'S but could not find this one, I finally found it in the Congressional Record of the 88th Congress 1962. A Department of Defense directive dated 1-14-1959 Which became effective 90 days later on (April 14, 1959)Which cancelled and Superseded all other service regulations on administr
  8. https://www.va.gov/vetapp20/files1/20000710.txt There are 1954 BVA decisions regarding CUE in 2020 alone. Many were denied, some were re-file-able, "without prejudice "( meaning the claimant needs to perfect the CUE and re file it) and CUE is NOT a one shot deal, as many reps etc try to say, and some certainly were awarded.
  9. Anyone know a good lawyer to contact about representing me for my BVA and maybe CAVC?
  10. 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
  11. 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.
  12. 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
  13. 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
  14. 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
  15. 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
  16. 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"?
  17. 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?
  18. 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
  19. 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
  20. 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.
  21. 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
  22. 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
  23. 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
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