Jump to content
  • Ads

  • Our picks

    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
      • 4 replies
    • Wonderful news way to hang in. I hope this gives you some well deserved peace. 
    • If HadIt.com has helped you or you believe in it’s mission then please donate even $1 helps. I hope HadIt.com has provided $1’s worth of help to you. Imagine waking up and there is no HadIt.com it could happen and that is why I’m asking for your help now.



       



      Our traffic is going up and so are our expenses, however revenues have gone down and so I am reaching out to you to see if you can help me keep Hadit.com up and running.
      • 4 replies
    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
      • 3 replies
    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
  • Advertisemnt

  • 0
carlie

How Do I Appeal

Question

4 answers to this question

Recommended Posts

  • 0

I received a rating of 80% service connected with 20% unemployability. I was told by regional I was fine and did not need to do a NOD. This was back in 2007. I recently watched Chris Attig's video on YouTube entitled "6 Reasons to Keep Pursuing VA Claims and Appeals AFTER you reach 100". Now I realize I made a mistake listening to them. Can I appeal and if so how?

Share this post


Link to post
Share on other sites
  • 0

I am glad you mentioned Chris Attig as he is an excellent veteran lawyer.

I was told the same thing by a former vet rep in 1998 on a vastly different issue, an award letter.

He had nothing to do with the award at all but was thrilled that he could take credit for it because I had dumped the DAV and moved my POA to him, and within a few months the award letter came.

By 2003 when I re opened my claim, the older 1998 decision kept bothering me and I pulled it out and discovered it had 3 CUEs in it . They were eventually awarded. What Chris says in this video and the hard copy version here at hadit is so true.

Many reps, when you get TDIU or 100% want you to walk away and be happy with it.

 "Can I appeal and if so how?"  That decision might be correct and besides the appeal deadline has passed.

You can file a new claim, if you have an additional service connectable disability that might put you into any of the 6 criteria Chris mentions in his article/video.

Or if you have the older  rating sheet, and can scan and attach it here ( cover C file # etc prior to scanning it) there could be a major legal error in it.

 

 

 

 

 

 

http://www.hadit.com/6-reasons-keep-pursuing-va-claims-appeals-reach-100/

and the video is here:

 

Share this post


Link to post
Share on other sites
  • 0

I thought i would update this thread since the last post was pre AMA

If you receive an unfavorable decision from your Regional Office (RO) then you have some different options to consider compared to pre 2019.

NOD (Notice Of Disagreement): This is similair to the old appeal lane, however unlike the old NOD where you had to go through the RO first then the Board of Veterans Appeals (BVA) you can skip that step and go directly to the BVA.  At the BVA you can choose from 3 dockets, direct, hearing & evidence. Direct docket is for vets who do not want to submit new evidence and do not want a hearing in front of Veterans Law Judge. Evidence Docket allows for Veterans to submit new and relevant evidence and do not want a hearing.  Hearing Docket is to have a hearing before a Veterans Law Judge either via teleconference or in person in front of the Board in D.C. To use this lane you must appeal within 1 year of your denial by the RO.

If you are denied before the BVA you have 120 days to file to be heard before the CAVC, if denied there you can start a supplemental claim or appeal to the federal circuit courts

 

Supplemental Claim Lane: this allows you to submit new and relevant evidence for your claim.  Supplemental claims can be made anytime after your denial however, If you go this route you can preserve your effective date if submitted within one year of denial, if after your effective date will be the date you submitted the supplemental claim.  You can also use the supplemental claim after a denial at the BVA or Court of Appeals for Veterans Claims (CAVC).  This route also is the only one that the VA maintains its "Duty to Assist" I.e. look for evidence outside what you have submitted in your claim (VA health record, Service Record, etc), however its never a good idea to hope the VA finds what you need, do your own research and work, dont leave anything up to hope.

If you are denied you can request to have a HLR or file a NOD and go to the BVA, If you are denied before the BVA you have 120 days to file to be heard before the CAVC, if denied there you can start a supplemental claim or appeal to the federal circuit courts.

 

Higher Lever Review (HLR): This allows for Veterans to request that the RO issue a new decision based on a "senior" rater reviewing your claim de novo (new look), basically they take a brand new look at your claim to see if anything was missed.  The reviewer can overturn a previous decision based on evidene presented and CAN issue a Clear and Unmistakable Error (CUE) ruling.  You CANNOT submit additional evidence with your request for a HLR of your denial compared with a NOD or Supplemental Claim.  They will review the SAME evidence presented in your claim that the intial rater saw and issue a ruling on that.

If you are denied you have one year to file a supplemental claim or a NOD and the BVA. If you are denied before the BVA you have 120 days to file to be heard before the CAVC, if denied there you can start a supplemental claim or appeal to the federal circuit courts

 

Timeframes for decisions:

Below are the goals the VA has set for each portion of appeals, these are not guaranteed timeframes and depend on current que and variables in your case.

 

Supplemental Claims: VA’s goal for completing Supplemental Claim decisions is an average of 125 days.

Higher-Level Review: VA’s stated goal for completing Higher-Level Reviews is an average of 125 days.

Appeals to the Board of Veterans Appeals: VA lists varying adjudication timelines for each docket.

Direct Docket: VA has set a goal to decide claims in this docket within 365 days.

Evidence Docket: VA states that claims in this docket may take longer than 365 days.

Hearing Docket: Appeals in this docket are projected to take the longest amount of time to adjudicate, with wait times that may exceed 365 days.

 

Other Important Information:

It's important to note that you can "switch lanes" at any point in the appeal process prior to a decision.

Example: Your claim is denied and you opt for HLR 180 days after. 60 days after submitting the request with no decision being issued you decided to file a NOD and appeal to the BVA instead, OR you discover new & relevant evidence that supports your claim and you wish to submit a supplemental claim. You will need to submit a written request to the VA authority that has your appeal and request that it be changed along with the proper paperwork for the new lane submitted to the RO than issued the denial.

 Denials of your appeal also give you the opportunity to change your appeal.

Example: Your claim is denied at the RO, you submit a supplemental claim and that is denied you can now choose to submit for a HLR or file a NOD to appeal to the BVA.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Ads

  • Our picks

    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
      • 4 replies
    • Wonderful news way to hang in. I hope this gives you some well deserved peace. 
    • If HadIt.com has helped you or you believe in it’s mission then please donate even $1 helps. I hope HadIt.com has provided $1’s worth of help to you. Imagine waking up and there is no HadIt.com it could happen and that is why I’m asking for your help now.



       



      Our traffic is going up and so are our expenses, however revenues have gone down and so I am reaching out to you to see if you can help me keep Hadit.com up and running.
      • 4 replies
    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
      • 3 replies
    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News

Announcements

  • veteranscrisisline-badge-chat-1.gif

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines