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

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    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

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carlie

Bva Appeals - Basic Info

Question

This is a copy and paste from ebenefits.

1. How do I appeal to BVA?

In order to appeal to BVA, you must complete certain steps within designated time periods.

BVA’s How Do I Appeal? Pamphlet will guide you through these steps and the appeals process.

2. I do not have a representative helping me with my appeal. How do I find one?

Although it is not required, you may decide to be represented by an accredited Veterans Service Organization (VSO), attorney, or claims agent. To help you find one, VA has a searchable list of accredited representatives here. You may also find a contact list of VSOs online at: http://www.va.gov/vso. To choose any representative, you must execute a Power of Attorney and mail the completed form to BVA at: Board of Veterans’ Appeals, 810 Vermont Avenue, NW, Washington, DC 20420.

3. What is a Power of Attorney?

A Power of Attorney (POA) is an agreement that authorizes one person to act on behalf of another person. In the context of BVA proceedings, appellants often execute a POA with an accredited representative, such as a Veterans Service Organization (VSO), private attorney, or claims agent. This allows the representative, who is familiar with Veterans law and the VA claims/appeals process, to act on their behalf by submitting evidence and argument in support of the case. For a searchable list of accredited representatives, please click here.

You are not required to have a representative for any VA proceedings, to include BVA appeals, but if you would like one, you must submit a VA form that gives your designated representative the authority to act on your behalf. Click here to view and download the VA form to appoint a VSO, or click here for the VA form to appoint a non-VSO representative, such as a private attorney or claims agent. If you do decide to execute a POA, remember to submit the completed form to BVA by mail to: Board of Veterans’ Appeals, 810 Vermont Avenue, NW, Washington, DC 20420, or by fax to (202) 565-4720.

4. Is a Power of Attorney required?

No. You can always represent yourself before VA, including in your appeal before BVA.

5. Do I need to have a BVA hearing?

No. BVA hearings are strictly optional in nature and are not required for a Veterans Law Judge to decide your appeal.

6. I have additional evidence to send to BVA. Where do I send it?

If you would like to send additional evidence or other correspondence to BVA, you may mail it to us at: Board of Veterans’ Appeals, 810 Vermont Avenue, NW, Washington, DC 20420 or fax it to (202) 565-4720. Please consider providing a waiver of initial consideration of any evidence you send.

7. What is a waiver of initial consideration of evidence by a local VA office?

By law, you have the right to have the local VA office conduct an initial review of any new evidence submitted in your case, even if the case is with BVA and the evidence has been submitted directly to BVA. See 38 C.F.R. § 20.1304©. If you provide a waiver of this right, then you agree to let BVA consider the new evidence and issue a decision without your local VA office reviewing that evidence first. Alternatively, if you chose not to waive this right, BVA must then automatically remand your appeal (i.e., send your appeal back to your local VA office) so that office can conduct an initial review of the new evidence and issue a new decision. If you choose to waive initial review by the local VA office, you must submit a statement to this effect in writing with the evidence to: Board of Veterans’ Appeals, 810 Vermont Avenue, NW, Washington, DC 20420, or fax to (202) 565-4720. You may also waive this right on the record at a BVA hearing, if you have one.

8. What is a docket number and how does it affect my appeal?

A docket number reserves your place in the line of cases to be decided by BVA. BVA assigns this number to your case based on the date VA received your substantive appeal to BVA (e.g., your VA Form 9). By law, BVA must consider appeals in the order in which they are entered on the docket.

9. Can I request that my appeal be advanced on BVA’s docket so it will be decided faster?

Yes. You may submit a request that BVA decide your appeal faster, and BVA has the authority to grant such a request in limited circumstances, to include if you are of advanced age (75 years or older), have financial hardship or a serious illness, or for other sufficient cause. See 38 C.F.R. § 20.900©. If you want to make a request to advance your case, you (or your representative, if you have one) must do so in writing, and you must include the following information: (1) identify the specific reason(s) why you seek advancement; (2) the name of the Veteran; (3) the name of the appellant, if other than the Veteran (i.e., a Veteran’s survivor, guardian, or fiduciary); and (4) the applicable VA file number. You (or your representative, if any) must send your written request to: Director, Management, Planning and Analysis (014), Board of Veterans’ Appeals, 810 Vermont Avenue, NW, Washington, DC 20420.

10. What is a remand?

A remand from BVA to your local VA office sends your case back to that office with certain instructions for the office to follow. In any remanded case, BVA has made a determination that it cannot fully or fairly adjudicate your appeal until the local VA office performs the actions outlined in the remand instructions. BVA may remand a case for a variety of reasons. These can include: collecting additional information or records, providing a VA medical examination, or ensuring that the local VA office follows certain legal procedures that afford you due process. If any action is required on your part, you will be notified directly by mail. After your local VA office complies with the instructions, your appeal will be automatically returned to BVA.

11. My case has been transferred to another location (such as, the Regional Office (RO), Appeals Management Center (AMC), VA Medical Center (VAMC), VA Office of General Counsel (OGC), or National Cemetery Administration (NCA)). What happens now?

When BVA transfers your case to any of the above locations, it means that additional processing or other action must occur at that location. Accordingly, if you have questions about your case, please contact the specific location where your case has been transferred.

12. Can I appeal a decision made by BVA?

Yes. If you are not satisfied with a BVA decision on any or all issues that the Board allowed, denied, or dismissed, you have the following options, which are listed in no particular order of importance: appeal to the United States Court of Appeals for Veterans Claims (Court); file with the Board a motion for reconsideration of the decision; file with the Board a motion to vacate the decision; file with the Board a motion for revision of the decision based on clear and unmistakable error. For additional information and further details about these options, please consult the VA Form 4597 that accompanied the BVA decision on your case. Please also note that if the Board remanded an issue (or issues) in your case, that particular issue is not appealable because further action must be taken by the local VA office before BVA can issue a final, appealable, decision on that issue.

13. What is a BVA Ombudsman and what does an Ombudsman do?

A BVA Ombudsman is an employee of BVA who helps to answer questions that you may have about your case. To learn more about the Ombudsman and the services provided, click here. You may reach the BVA Status line at (800) 923-8387, Monday through Friday, from 9:00 a.m. to 5:00 p.m. (EST).

There are six basic phases of an appeal:

  • Appeal Pending: You have initiated an appeal, but at this point your case is still with the local VA office that made the decision on your case. If you have questions about your appeal, please contact that office or your representative, if you have one.
  • Administrative Case Processing: After BVA receives your case, it is processed and stored in a secure location until it is assigned to a Veterans Law Judge (VLJ) based on your docket number, which identifies your place in the line of cases to be decided by BVA.
  • With VSO:This indicates that your Veterans Service Organization (VSO) representative has your claims file for review.
  • With VLJ:This indicates that a Veterans Law Judge has your claims file and will take appropriate action on your appeal.
  • Pending Dispatch:This indicates that the Veterans Law Judge made a decision on your appeal, and that BVA will mail the decision to you soon.
  • Decision & Claims File Dispatch:This indicates that BVA mailed the decision to you (and your representative, if any) and transferred your case to another location. Please refer to your Appeal Detail screen for further information about the specific location of your case.

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Carlie

What is the drill when CAVC remands a claim back to the BVA to correct errors the BVA made in the decision denial? CAVC said on their website the case was remanded, but I have no idea how to track it or time frames. My lawyer does not want me taking to the BVA except through him. When I talked to the lawyer he said it was remanded and that was it. I have no tracking number unless it is the old case number before it went to the CAVC. If I go to the BVA site there is no record of the claim at all. I know I am going to just have to wait. BVA made a dumb mistake by using the wrong rating schedule in their denial. Now it goes back to them so they can deny it again (CUE)with the right schedule. I am getting older! The remand is supposed to be expedited so does that mean two years instead of five? I am going to end up like everyone else waiting ten years on a claim. No wonder lawyers are not that anxious to take difficult cases. My case is not difficult but the VA just does not want to pay 30 years of retro.

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John,

I usually agree it is best to follow the instruction of whom ever we have hired/delegated

our legal issues to BUT, in your case I can see no harm/foul at all in your contacting the

BVA Ombudsman's Office to see if they can provide you with any status/update on their

portion, that was remanded to them from the CAVC.

I would definitely make the call, knowing I may not find out anything at all - but this is your decision

to make.

JMHO

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I agree with Carlie. Of course, your lawyer does not want you contacting the BVA/VA/CAVC...you may state something in conflict with documents he submitted, and make him look very bad.

My recommendation would be to first recontact your attorney, and to ask him for specifics...what was the purpose of the remand, etc, and that you would like a copy of said remand.

Regardless of what the attorney says, I would still contact the Ombudsman and ask for a "status of claim", being carefull not to reveal anything other than your name, ssn, birthdate, etc, so as to identify yourself. Dont discuss your claim with the ombudsman..just ask for the status. I also think it would be fine to ask for a copy of any recent decision or other related documents.

While you do need to trust your attorney's judgement, someone suggested "Trust and Verify".

You should get a similar story from the Ombudsman and your attorney, (tho from a very different perspective) but if their versions conflict then you should get to the bottom of the conflict, by simply asking "What gives?"

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Hi..I am vietnam vet..with 2nd bn 5th marines at an hoa dec 1966-jan 1967..wounded in jan 26 1967..am service connected for ptsd an agent orange..i am 100% permanet/total..had qudrupal bypass in 2000..thru vet exchange was told to file for the heart condition..high blood pressure..was denied in 2004...just rec letter from san diego dept vet affairs now that my condition is service connected but will not get any increase in monthly comp..my question is am i wasting my time to appeal this if already 100% p/t..thanks for any info and your great work on this site..many thanks..mike domozick

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It looks like you are 100% SC'd, plus any heart related condition. If the heart condition(s) total 60% or more, you should be thinking about filing for an SMC rating.

You should talk to your lawyer. The letter from the VA you refer to was likely a result of the VA reviewing your case and previous denial, due to the Nehmer court order.

It's possible that a good lawyer can get the VA to do what they should have done (by law)

Hi..I am vietnam vet..with 2nd bn 5th marines at an hoa dec 1966-jan 1967..wounded in jan 26 1967..am service connected for ptsd an agent orange..i am 100% permanet/total..had qudrupal bypass in 2000..thru vet exchange was told to file for the heart condition..high blood pressure..was denied in 2004...just rec letter from san diego dept vet affairs now that my condition is service connected but will not get any increase in monthly comp..my question is am i wasting my time to appeal this if already 100% p/t..thanks for any info and your great work on this site..many thanks..mike domozick

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       I am gonna try to get ahold of him tomorrow but u have to call right at 0730 eastern OR call list fills and never get on his list sucks!

      The worst thing I’m going through is that I’m stuck in limbo I can’t file on my other things I can’t add nothing I can’t do anything basically my hands are tied, this is complete wearing on me mentally Not to mention I’ve been out of the service since 95 was six service-connected disabilities and then thrown to the wayside as a young adult with no knowledge of how what or when by the VA  now that I’m middle-aged my service-connected disabilities Have gotten so severe that I have multiple secondaries until I came across by chance a VSO in my county that helped me out back in 15 I’d still be at a loss and left at the wayside forgotten about now that I’ve been back in the system And have a 80% rating the VA now is trying to drop two of my ratings because I feel that this DRO rview is going to put me at 100% or really close  in a way to just keep us down and out and causing worse injuries by forcing ourselves to do what we have to as humans to survive in the workforce that you can’t really physically do anymore sucks all the way around! 
    • Need your support - Please buy a mug or a membership
      had to move to a dedicated server this month and our costs have gone up, if you have been thinking about subscribing to an ad free forum or buying a mug now would a very helpful time to do that.

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      • 16 replies
    • Permanent and Total from cck-law..com
      1:10 What is Permanent and Total Disability?

      2:05 Conditions that automatically receive a permanent and total rating (P&T)

      2:32 Conditions less likely to receive P&T

      4:29 How to find out if your VA rating is permanent

      6:03 Is there a VA form to apply for Perm and Total status?

      6:39 Viewer Question: If you have permanent and total Social Security Disability Insurance (SSDI), are you automatically entitled to P&T disability at the VA?

      8:03 If you receive Total Disability for Individual Unemployability (TDIU), are you permanent and total?

      8:26 The advantages of having Permanent and Total VA Disability Other Protections from VA Rating Reductions

      10:26 Stabilized Ratings

      11:26 Continuous Ratings

      12:57 What to do if VA proposes a rating reduction

      16:03 Final Thoughts & Tips

      https://cck-law.com/news/newsfaq-friday-permanent-and-total-pt-disability/

       
      • 8 replies
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