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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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  • 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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Fat

Certified to Board of Veteran Appeals

Question

I received notice from the regional office my claim had been certified to the Board of Veteran Appeals.

What does this mean?

Do I have 90 days to submit additional information?

When is the docket number assigned?

Is the BVA going to contact me when they receive the appeal?

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Fat, you are now in the LOOOOOOOOOONG line for VA Appeals. A Docket Number, based on the Date of Arrival at the BVA Intake Desk will be assigned shortly or has already been assigned. Keep in mind, unless you have a VA Accepted Hardship for Advancement of your Appeal, every Docket Number already issued in 17-16-15 Etc comes before you.

As to the submission of New and Material Evidence to the BVA, you have right up to the expiration date of the BVA Notification Letter addressing a 90 Day Cutoff as to Submission of N & M Evidence. That could be 1-2+ years down range.

Check AskNod's site, he's had way more BVA/CAVC experience than just about anybody here on Hadit. Also, take a look at VA Lawyer, Chris Attig's site VetLaw Blog; very informative.

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Thanks.............

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Can you explain again about the 90 day period to submit additional information at the BVA.

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You can submit New & Material Evidence (evidence that is not considered Evidence of Record) up until the Date stipulated in the "90 Day N & M Evidence" letter sent prior to your scheduled Hearing Date.

Check with your VSR, VA lawyer or Claims Agent. Wouldn't be prudent to attempt the BVA on your own.

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I filed a CUE in or around 2006.  From VARO to CAVC it took 6 years and then it went back to the BVA and back to CAVC for an additional 18 months.  It can take an expected life time to get through these appeals and then you still may likely lose.  This is why I always have tried to get a good decision at the lowest level being the VARO/DRO.   I waited a couple of years for a BVA Hearing and it lasted 20 minutes and I had to wait six more months for a decision I then appealed to CAVC.   Justice delayed is justice denied. 

 

                  John

 

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