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Bva Hearing Finally


mrsvet28
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HI ALL,

WELL FINALLY WE GOT OUR BVA HEARING NOV 3 (TRAVEL BOARD) FOR THOSE OF YOU WHO HAVE REPLIED TO ME IN THE PAST THANKS- NOW WHATARE WE TO EXPECT AT THIS HEARING- WE WILL HAVE OUR ATTORNEY PRESENT- AND FOR THOSE WHO HAVE SAID EVERYTHING IS IN ORDER WITH OUR CLAIM- WILL THEY TAKE RETRO BACK TO THE DATE 1998 THE CLAIM WAS OPENED- OR THE FIRST DIAGNOSIS FROM THE IMO AND SS ? THANKS FOR REPLIES B)

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Don't worry having an attorney will help you. The Hearing is informal and they try to set you at ease. If you have anything that you have not submitted take it with you.

Good Luck

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As long as the claim has been cont8nually appealed from the initial filing date they should go back to date of claim for the retro-

It is possible that there would be a staged rating- maybe one type of percentage rating say from filing date up to SSA award date-then the SSA award if totally and solely for the same condition- should generate 100% from the "earliest date entitlement arose" as the regs say-

I posted info on this the other day here-

the date that entitlement arose can often be determined with the SSA award date.

Veterans should not hesitate to appeal if the VA failed to make a staged rating when the claim and medical evidence required it.

I had a vet who the VA gave his C & P date as the date his entitlement arose-with a rating too low- and of course that was ludicrous-

upon NOD they made a staged rating determinaion- how much % he was SC from filing the claim.

They can awad say 30 % from date of claim to 3 years ago and then award from 2 years ago to award date a higher % or even TDIU.

That all depends of medical evidence that what the vet had when they filed the claim got worse during the claims process

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Don't worry having an attorney will help you. The Hearing is informal and they try to set you at ease. If you have anything that you have not submitted take it with you.

Good Luck

Hopefully it isn't like the DRO hearing- she just crackled cough drop papers and didnt seem to be paying attention- is this where all will be decided finally? Everthing is in-

or could it just be shuffled again back to the RO=we've been on the docket since 06"

how long do they give you- timewise- and how many people are on the other side of the tv screen? Thanks

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As long as the claim has been cont8nually appealed from the initial filing date they should go back to date of claim for the retro-

It is possible that there would be a staged rating- maybe one type of percentage rating say from filing date up to SSA award date-then the SSA award if totally and solely for the same condition- should generate 100% from the "earliest date entitlement arose" as the regs say-

I posted info on this the other day here-

the date that entitlement arose can often be determined with the SSA award date.

Veterans should not hesitate to appeal if the VA failed to make a staged rating when the claim and medical evidence required it.

I had a vet who the VA gave his C & P date as the date his entitlement arose-with a rating too low- and of course that was ludicrous-

upon NOD they made a staged rating determinaion- how much % he was SC from filing the claim.

They can awad say 30 % from date of claim to 3 years ago and then award from 2 years ago to award date a higher % or even TDIU.

That all depends of medical evidence that what the vet had when they filed the claim got worse during the claims process

Thank You-

the claim was filed in 1998- has had various positivePTSD screenings from the VA in 01'-08'

IMO in 03/04 as well as SS then, another in 08'- but the kicker is he had one in 1969-when he first came home but listed as anxiety and given librium on more than one occasion back then by family doctor- it is listed in evidence back to 1968- and I agree with you how they could rate it that way-

Is there more than one person on the other side of the screen? At the DRO hearing last year she just kept crackling her cough drop wrappers and didnt seem to be very interested- How long of time do we have this time- and will they truly see how many things in the file have been mishandled- during these 10 years--missing etc..I have kept on top of it all and have triple copies and 3 file cabinets full--Is this the final decision?

with everything in order? Please say yes---

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