Jump to content
  • 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

  • 0

Question

so my question is about time frame of appeal status. i understand that you have 1 year from decision to file a NOD.

Please follow chronology:

Nov. 2009 STRs are found after 5 years and initial grant of SC Awarded.

February 2010 Boston Varo gets letter that Vet no longer lives at address on file please send to San Diego VARO.

March 2010 San Diego VARO sets up a C + P for increase of the New Awarded SC.

September 2010 Decision mailed and vet replied/sent NOD.

December 2010 San Diego VARO sends letter saying that because of records recent found they are going to do an in house dro.

Aug 2011 denied.

Aug 2011 vet sends another nod with new and material evidence.

Feb 2012 Varo sends denial again and says they are denying a reopend claim.... no mention of my appeal status

may 2012 Vet asks for clarification and sends another nod.

may 2013 Varo sends denial of reopend claim again and no mention of it being on appeal.

Sept 2013 Form 9 is Signed and off to the BVA

Aug 2017 BVA decision.

so, was i always in appeal status or ?

 

Share this post


Link to post
Share on other sites

3 answers to this question

Recommended Posts

  • 0

You are still "in appeal" for 60 days AFTER your BVA decision.   If you do NOT file a NOA to the board decision, the boards decison becomes final and your appeal ends.  It continues, however, if you timely file a "notice of appeal" to the CAVC.  

If you have a recent BVA decision, this is the perfect time to get an attorney.  Perfect.  You send an attorney your bva denial, and they will decide if they will represent you in an appeal to the CAVC, but you must hurry.  You have 60 days to file a notice of appeal.  This means you have to send it to an attorney, get him to send you a fee agreement.  Sign it and return it to him, and then he has to file a NOA.  Sixty days is not long to do that.  

Edited by broncovet
  • Like 1

Share this post


Link to post
Share on other sites
  • 0

thank you Bronco for your advice. and by the way,, CONGRATS ON YOUR BVA WIN. KEEP UP THE FIGHT FOR THE OTHER 2/3.

ILL post here again when the actual BVA letter comes.. i might have jumped the Gun again...

i also wanted to add this tid bit of thought for both our appeals on eed.

(q) New and material evidence (§3.156) other than service department records.

 

                        (1) Received within appeal period or prior to appellate decision. The effective date will be as though the former decision had not been rendered. See §§20.1103, 20.1104 and 20.1304(b)(1) of this chapter.

begs the question, what if the new material evid was STrs and found after years by the ARMY)

 

                     (2) Received after final disallowance. Date of receipt of new claim or date entitlement arose, whichever is later.

Edited by paulcolrain

Share this post


Link to post
Share on other sites
  • 0

Paul

    There are TWO significant issues in 3.156.  They are 3.156 b (pending claim) and 3.156 C (new service records).  Both of these permit an EED.  

If its new service records, then you get the earlier date either way.  If its a pending claim you also get the earlier date.  However, if its neither a pending claim nor new service records, then your effective date will be the date you submitted new evidence.  

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.

Sign in to follow this  

  • Our picks

    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
        • Like
      • 15 replies
    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 10 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines