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BVA hearing


capitan

Question

I finally just received a letter from the Board, stating my appeal was put on the docket. It says I have 90 days to submit all evidence. Assuming my appeal is granted, do they automatically give a zero percentage? And does that mean zero compensation? Or do they give a percentage at the time of the hearing? Will I have to go for C & P exam? And does that with my residuals for cancer determine my compensation?

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The BVA can work in many ways.  If they award you disability as SC they may remand your case back to the RO to make a rating decision after a C&P.  In my case it was remanded to the RO and they made a decision without a new C&P.  If the BVA decides it is something that they should do they may even give you a rating.  We never really know how the BVA will decide.  It depends on the evidence and how the BVA reacts to your situation.

The best advice I can give is to get a hobby and wait for the BBE.  It is tough, I waited ten years for the final BVA decision.

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The BVA can go a hundred ways from Sunday!  The best advice I can give is to keep everything they send you and to read it very carefully as they can sneak things into the wording.  Also just because you thought the Judge was on your side make sure you are on your side as they can go with what the RO tells them and never look back.

Basically be ready for the next phase if the BVA does not fix it!

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Vetquest and Shrek are spot on. You need to wait for the BBE and go through the decision with a fine tooth comb. 

I have had one win at the BVA and they granted both conditions but sent it back to the RO to decide the percentage and the effective date.

Good luck with your case.

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