Jump to content

  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims


    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:   


  • 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
Sign in to follow this  
Kelly Severance

BVA Appeal Question


Hello all.  I am new to posting, but have been researching on this site for awhile and have learned so much.  I have a question for anyone who can advise. Here is a short background on the case.  My husband filed his first claim in 2005 for service connection on Migraines and PTSD.  He was denied shortly thereafter and began an appeal which was granted (after several years and a hearing with VLJ) 30% in each disability in June 2011.  However he appealed the 30% on migraines because they are so debilitating and were causing him to miss a great deal of work.  He had his hearing in April 2017 and received a decision on March 7 2018 that he had been granted a 50% rating on migraines and a remand for TDIU.  Here is where the question comes in.  Vets.gov has recently updated their site and I was able to see all the past events from the FIRST APPEAL.  The timeline of that appeal stated that the BVA made a decision on his appeal on March 1, 2010.  However, the VA did not grant the issue until May 26, 2011 (that was also when the retro check was received).  I know the remand portion will take awhile, but we were hoping for the increased rating and retro soon.  We are almost at the 3 month mark now since the BVA grant.  Do you think we will have to wait 14 months for the retro like we did on the first appeal?  Thanks for any input!  

Share this post

Link to post
Share on other sites

4 answers to this question

Recommended Posts

  • 0

Ok, so the BVA decsion was in March.  Unfortuantely, you have to wait on the VARO to "implement" the decision. The consensus is that this takes 1 to 3 months.  

Share this post

Link to post
Share on other sites
  • 0

You should appeal the March 7th 2018  if they just paid the retro BACK TO april 7 2017

just tell them what you mention here that the decisions on his migraines was decided by the BVA on March 1 2010 and you believe the rero should have been made from that date. (March 1st 2010)

sometimes they try to wissel out of retro  but if you have the evidence to back you up  they have to go by that.

Also at this time request your hubby be given IU because he can no longer work!

You may need an IMO/IME exam and medical records read by a private Dr for the application to IU

   Get a Dr to to state he can no longer work or do any type of sedimentary work because of his sc disabilities/other evidence from his employer  he needs not to be working when applying for IU. ...if they gave him 30% for each disability and then an increase one to to 50%  ON one of these sc condition then he actually qualifies for the IU WITH A 80% RATING using the  CFR 4 .15 4.16 provision extra scheduler...this is used for WHEN a veteran that can't work due to their sc disability but does not reach the 100% disability Percent.


Share this post

Link to post
Share on other sites
  • 0

Thank you BroncoVet and Buck52 for your responses.  

BroncoVet, We are nearing the 3 month mark since the BVA decision, so hopefully the VARO will implement soon!  It's very frustrating! 

Buck52, According to our VSO, who apparently has more info than we do, my husband is being paid back to the original claim (2005) at the 50% rate for migraines.  His total rating now is 60% (30% PTSD, 30% migraines; 10% tinnitus), so with the increase, his new rating will be 70%.  In addition, the judge informed him at his hearing about TDIU and told him that he might want to apply considering the severity of the migraines and the amount of work he has missed....so we did file a claim right after that hearing, which was denied by VA in a few months; HOWEVER: when we received the BVA decision, the judge had put a remand on the TDIU for further development (Which we believed was good news considering the TDIU was never part of the appeal).

Sorry, I got long winded.......... 🙂

Share this post

Link to post
Share on other sites
  • 0

 Oh Ok so your waiting on the IU that is Remand at this time for a decision? B/C you appeal the denial for IU

I must read your post wrong  I was thinking he got two S.C.disabilities at 30% each and an increase to one of them to 50%   which would give him a combined rating at 80%

AS broncovet mention  you will need to wait until a decision is made at the BVA,it should not be to much longer now.

Just keep hanging in there!

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.

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  

  • Ads

  • Our picks

    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

        • Like
    • Precedent Setting CAVC cases cited in the M21-1
      A couple months back before I received my decision I started preparing for the appeal I knew I would be filing.  That is how little faith I had in the VA caring about we the veteran. 

      One of the things I did is I went through the entire M21-1 and documented every CAVC precedent case that the VA cited. I did this because I wanted to see what the rater was seeing.  I could not understand for the life of me why so many obviously bad decisions were being handed down.  I think the bottom line is that the wrong type of people are hired as raters.  I think raters should have some kind of legal background.  They do not need to be lawyers but I think paralegals would be a good idea.

      There have been more than 3500 precedent setting decisions from the CAVC since 1989.  Now we need to concede that all of them are not favorable to the veteran but I have learned that in a lot of cases even though the veteran lost a case it some rules were established that assisted other veterans.

      The document I created has about 200 or so decisions cited in the M21-1.   Considering the fact that there are more than 3500 precedent cases out there I think it is safe to assume the VA purposely left out decisions that would make it almost impossible to deny veteran claims.  Case in point. I know of 14 precedent setting decisions that state the VA cannot ignore or give no weight to outside doctors without providing valid medical reasons as to why.  Most of these decision are not cited by the M21.

      It is important that we do our due diligence to make sure we do not get screwed.  I think the M21-1 is incomplete because there is too much information we veterans are finding on our own to get the benefits we deserve

      M21-1 Precedent setting decisions .docx
      • 5 replies
    • Any one heard of this , I filed a claim for this secondary to hypertension, I had a echo cardiogram, that stated the diagnosis was this heart disease. my question is what is the rating for this. attached is the Echo.

      • 7 replies
    • Need your support - T-shirts Available - Please buy a mug or a membership
      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.

      Thank you for your support
      • 18 replies
    • OK everyone thanks for all the advice I need your help I called VSO complained about length of time on Wednesday of this week today I checked my E benefits and my ratings are in for my ankles that they were denying me 10% for each bilateral which makes 21% I was originally 80% now they’re still saying I’m 80% 

      I’m 50% pes planus 30% migraine headaches 20% lumbar 10% tinnitus and now bilateral 21% so 10% left and right ankle Can someone else please do the math because I come up with 86% which makes me 90 what am I missing please help and thank you
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines