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Found 13 results

  1. Hide past events July 08, 2014 – January 08, 2021 VA sent you a claim decision on July 08, 2014 VA received your Notice of Disagreement on July 09, 2014 VA sent you a Statement of the Case on November 12, 2014 VA received your Form 9 on November 18, 2014 VA sent you a Supplemental Statement of the Case on November 17, 2015
  2. In February 1975 I was discharged from service I applied for compensation for a head injury in July 1975 and was denied in 1976 then in 1984 I was awarded 100% for seizure disorder secondary to my in service traumatic head injury. In 2009 I applied for TBI and was awarded 70% for direct service connection in 2011, I requested an earlier effective date for my TBI since my original claim was in 1975 less then 5 months after my ETS, I feel my original claim should have been reconsidered but the RO and the BVA overlooked my original claim so I took it to the CAVC and waiting for a decision.
  3. Well yesterday the stay was lift on my case. I get to file my brief. This will be the first time these va lawyers will have to answer my cases. The Court allowed me also to have the bva reconsideration. Put in the record also. The va lawyer try to tell the court they don't have jurdistion over bva reconsideration because they are made after the bva decision. Smh If that the case no need for bva reconsideration it's stop the 120 day time to appeal to cavc so how is it not part of the appeal process to cavc to be reviewed Can wait to see what court rule on this
  4. Here is the bva reconsideration that the va lawyer are fighting the court over jurdistion to review. Lawyer stated cavc doesn't have the right to review a chairman reconsideration because the decision was made after the bva decision. I can't make this up So I guess there no reason for reconsideration and the chairman decision are not reviewable. Wait for the court decision on just this smh Look at the last part we're they stated they didn't adjudicated smc I r r1 and told me to reapply lol U would lose all your cavc review on the issue if u reapply va games
  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 yo
  6. A few years back read a CAVC cite that in effect said 'RO can't ignore request by C&P examiner for a test, diagnostics, they deem necessary'. Stupid me, I didn't write it down or if I did, I can't locate it now when I need it. Been googlin' but Google produces way too many hits to wade thru. Then I found this at the BVA appeals search page: “The Board notes that the Court of Veterans Appeals(COVA) has indicated that the VA cannot ignore requests for diagnostic studies suggested by its own physicians” The BVA docket # is 91-37 953, and I believe the year is 1995, that the Board r
  7. Finally- one of your very own members is accepted at the Court... https://asknod.org/2018/02/07/beyond-the-yellow-brick-road-road-trip/
  8. I'm working on preparing my brief to the CAVC on my appeal having received the Record Before the Agency (RBA). Searching for the initial EENT consult in the RBA now. Have it in a CD sent to me by the VA Records Management Center earlier. Does anyone know the date of "liberalization" of tinnitus allowing the rating of 10% for noise induced loss instead of only as secondary to a TBI? Is there a reference? Docket 17-2990 The following is in the RBA. 1) RBA Pages 4255 & 4254; The Rating Decision of 2-25-76, RO did not do investigation of injuries medically, only for “in
  9. Is this motion to correct the Record Before the Agency in order or does it need some adjustments? IN THE UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS Lemuel clayton bray Appellant, vs. DAVID J. SHULKIN, MD Secretary of Veterans Affairs Appellee, Docket 17-2990 Motion to correct the rba This motion is brought under Rule 10 (b)
  10. This is a decision I recently received from the BVA after a successful battle at the CAVC (please see below). My appeal dates back to May 2006. I just need clarification on a few things. Staring with what disabilities exactly are they granting me. I don’t understand what is meant by “a disability characterized by chronic fatigue”. What exactly is" that" disability? Do they mean chronic fatigue or something similar to chronic fatigue? Is the polymyositis going to be secondary to major depressive disorder? Another thing that confuses me is that they are saying these things
  11. Okay I have some questions Regarding the differences of the BVA CAVC and Supreme court Appeals.... Does the BVA determine or review the constitutionality of appeals based on due process? In non veteran courts they review Constitutional appeals in a strict manor, does this hold true for the BVA? If not how does the BVA respond regarding jurisdiction and appeals concerning due process? Does the CAVC review decisions regarding the BVA before they become final? If title 38 CFR doesn't coincide with United States Code how does the BVA address this? What other recourse does a veteran have at their d
  12. A veteran's story... after service. A difficult, but true story with a warning to Veterans. Fore-warned is forearmed. Like many others, I enlisted in the military, to do my part. It never occurred to me, beforehand, that such as this story would occur. I find most veterans are reluctant to discuss their ‘stressors’. After years of experience with VA hospitals, I don’t remember anyone ever telling me what happened to them. Those painful events are personal, private and burdensome. I don’t want to discuss my ‘stressors’ either; suffice to say they occurred and I struggled
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