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.
Knowledgeable 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 massive, 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.
Post straightforward questions and then post background information.
Question A. I was previously denied for apnea – Should I refile a claim?
Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
Question B. I may have PTSD- how can I be sure?
See how the details below give us a better understanding of what you’re claiming.
Rephrase the question: I was involved in a 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 of your claim?”
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Most Common VA Disabilities Claimed for Compensation:
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
This recent decision by the CAVC can help anyone with an issue of Equitable Tolling.
The VA had considered the NOA was filed too late.(120 days in which to appeal a BVA decision to the CAVC)
The court made this unusual statement:
"Although the appellant was evicted from her home on January 21, 2018, she still managed to file her initial motion for reconsideration by February 1, 2018, missing the deadline to file by only 8 days. See Appellant's Aug. 12, 2019, Response at 1. The Court will therefore toll the 120-day deadline to file a motion for reconsideration. "
( there are many factors to this appeal)
"The Court will therefore deny the Secretary's motion to dismiss and accept the appellant's November 6, 2018, NOA as timely filed. Upon consideration of the foregoing, it is ORDERED that the Secretary's January 31, 2019, motion to dismiss the appeal is denied. It is further ORDERED that the appellant's November 6, 2018, NOA is accepted as timely filed. And it is further ORDERED that within 60 days from the date of this order, the Secretary shall serve a copy of the record before the agency on the appellant and shall file notice of such with the Court. DATED: June 4, 2020 PER CURIAM. GREENBERG, Judge, concurring: I join this unanimous opinion because it is beneficial to the claimant. I maintain that I disagree with the Court's current framework for an equitable tolling analysis."
(I am sure all advocates would disagree as well.... maybe those regulations might change...?)
Unfortunately that still leaves the claimant with problems.The US CAVC cannot accept new evidence, and the BVA reconsideration request she had filed was denied.
This situation could affect any veteran who appeals to the CAVC.
The basis of her appeal was that the RO would not accept her as the legal widow of the veteran., regarding her DIC claim.
The BVA reconsideration denial decision is not identified but maybe I can find it.
The important thing here is how the CAVC handles an untimely NOA.(Notice of Appeal CAVC)
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