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  • 14 Questions about VA Disability Compensation Benefits Claims

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    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 ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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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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      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
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    • 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.
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    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
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MarkInTexas

When Is It Too Late to Submit Evidence Before BVA

Question

When is it too late to submit new and material evidence in an appeal?  I just got my Dear John letter from the VA this weekend in the form of a Statement of the Case from a NOD I had filed on an initial rating back in 2013.

I haven't filed my Form 9 yet, and know I'm a few days into my 60 day deadline clock, so don't want to waste too much time.  I'm just wondering that if I receive another IME or IMO if I can submit them before my case gets transferred to the BVA.

I haven't decided my options for hearings yet....video...in person....etc.  Any thoughts?

Thanks again!

Mark

 

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Right up till you get the VA "60 Day New Evidence Cut off letter."

The important thing is to never set on your N & M Evidence, you never know, it should and could trigger the VA Mandated Review of your Denial by a Sr Rater or DRO upon receipt of N & M Evidence. If the evidence is strong enough, an award could be granted well before your BVA Hearing is on deck. At the very least, if Reviewed, you'll get another SOC.

Semper Fi

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You can submit N & M E at any time up until the BVA judges (VLJ) pick up your case for decision making.

Sending in evidence in to the RO at this time might reset the Case Certification Process, whereby the RO "ensures" that the file they have is complete.

If you're worried about the time-frame for the VLJ, you can always request a "stay", buying you a year to submit your N & M E.

 

If you give them the evidence now, it could delay the day you set your Docket Number with the BVA.  This is the key.  Your case is heard in Docket # order generally.

I would rather delay at the BVA then get held up at the RO, especially if I knew I was going to the BVA.

So, I'd say submit appeals request (Get Docket #), request "stay" of case, submit N & M E (referencing Docket #), release the "stay".  Then wait. 

 

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What we're seeing is that VA will accept your N&M E and usually still issue a SSOC. They rarely, if ever, change their MO on this. SSOCs eerily resemble the SOC as if they never look at the N&M E.  With the advent of a "no returns'' policy at the BVA (i.e. no remand for de novo review at the RO based on N&M E), your best bet, and the one we're all seeing a lot of success with, is submission of the N&M E only to your BVA judge for a truly "new look' at it. If the IMO/IME is probative and well- documented, the VLJ is far more receptive (and intelligent) and a grant there is far more  likely. After filing CUE on a skin scarring reduction, I chose to include it in my laundry list on the Extraordinary Writ. VA  promptly gave me back the 10% and I submitted a new IMO from my PA-C on my skin to the VLJ at the hearing. He didn't quibble and granted the increase to 30%. If you do it right, you win. Eventually. Why it took me 21 years is a good question. Best of luck sir. 

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Does the submission of N & M E involving a pending BVA appeal actually reset and or add significant time to the final RO's Certification of the appeal to the BVA? I would think absolutely, if it's received shortly before the "60 Day Cutoff" for submission of N&M E. What if it's received 1 or 2 years before the RO Certification and 60 day  Evidence Cutoff?

I've had no experience with the BVA, but I would have a hard time setting on N&M E that I believed was so compelling as to to be a Real Deal Maker. Considering all the mistakes most Vets, myself included, made on their 1st foray into the Claims Arena; I still believe a N&M E triggered RO Review by a Sr Rater or DRO is worth consideration.

 As I recall, I think I recently read that after filing your 9, BVA hearings are still taking upwards of 500++ days.

Semper Fi

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Thanks for the posts!  I have one case that I will need to file a NOD on, and the remainder on a Form 9 to the BVA.  This is a relief knowing that I'll have a little time to get another IME/IMO if needed.  I was worried that once I submitted my Form 9, all bets were off for new and material evidence.

My blood pressure just went down a few clicks knowing this.  Thanks again!

Mark

 

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