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Commonly Claimed Disabilities
Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI – Traumatic Brain Injury
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Bva reconsideration
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By shrekthetank1
Hide past events
July 08, 2014 – January 08, 2021 VA sent you a claim decision
on July 08, 2014
VA received your Notice of Disagreement
on July 09, 2014
VA sent you a Statement of the Case
on November 12, 2014
VA received your Form 9
on November 18, 2014
VA sent you a Supplemental Statement of the Case
on November 17, 2015
Your appeal was sent to the Board of Veterans’ Appeals
on March 02, 2016
Board of Veterans’ Appeals made a decision
on May 24, 2018
VA sent you a Supplemental Statement of the Case
on July 22, 2019
Your appeal was returned to the Board of Veterans’ Appeals
on August 20, 2019
Board of Veterans’ Appeals made a decision
on November 08, 2019
U.S. Court of Appeals for Veterans Claims made a decision
on August 03, 2020
Board of Veterans’ Appeals made a decision
on January 08, 2021 I know someone was asking about this, so I waned to post my timeline. This is my progression with moving from legacy to the new system. We will see how long the remand at the regional office will now take. -
By MrPain7
In February 1975 I was discharged from service I applied for compensation for a head injury in July 1975 and was denied in 1976 then in 1984 I was awarded 100% for seizure disorder secondary to my in service traumatic head injury. In 2009 I applied for TBI and was awarded 70% for direct service connection in 2011, I requested an earlier effective date for my TBI since my original claim was in 1975 less then 5 months after my ETS, I feel my original claim should have been reconsidered but the RO and the BVA overlooked my original claim so I took it to the CAVC and waiting for a decision.
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By Mr cue
Well yesterday the stay was lift on my case.
I get to file my brief.
This will be the first time these va lawyers will have to answer my cases.
The Court allowed me also to have the bva reconsideration. Put in the record also.
The va lawyer try to tell the court they don't have jurdistion over bva reconsideration because they are made after the bva decision. Smh
If that the case no need for bva reconsideration it's stop the 120 day time to appeal to cavc so how is it not part of the appeal process to cavc to be reviewed
Can wait to see what court rule on this.
I am just venting again get my mind right
my case is expidate so I got 20 days for my informal brief it's ready lol just go over it and va got 20 day to reply than I got 7 to reply. Than off to judge.
Boy I am nervous lol an I prepare for this for years smh
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By cavscout1967
Hello, I checked ebenefits and it said I received a GRANT from the CAVC for increased rating "anklyosis of the shoulder." I had appealed for depression and anxiety as well and they were not addressed on ebenefits so I am guessing it is still on remand at the BVA level. Ebenefits also stated that my remand would take 16-24 months. I am currently 60% with 10 for tinnitus, 20 for ankle, 20 for shoulder, 20 for shoulder radicupathy, 10 for knee. What does all this mean? if I am not providing the information needed for input I am happy to do that but at this time I dont know what else to provide you guys.
Thank you.
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Defense Bill Passage and Bladder Cancer
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,
I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently-
- 10 replies
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5,10, 20 Rule
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,
The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
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Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)-
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Picked By
Tbird, -
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Post in New BVA Grants
broncovet posted an answer to a question,
While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel. -
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Finally Won...NOW WHAT?
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!-
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Seekz, -
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Post in Higher level review
Joey Ross posted an answer to a question,
I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,Picked By
Joey Ross, -
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Mr cue 8
Here is the bva reconsideration that the va lawyer are fighting the court over jurdistion to review.
Lawyer stated cavc doesn't have the right to review a chairman reconsideration because the decision was made after the bva decision.
I can't make this up
So I guess there no reason for reconsideration and the chairman decision are not reviewable.
Wait for the court decision on just this smh
Look at the last part we're they stated they didn't adjudicated smc I r r1 and told me to reapply lol
U would lose all your cavc review on the issue if u reapply va games
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Buck52
I think what broncovet meant to say but really didn't know how to say it..I'll give my 2 cents Yes you need an attorney to help you especially help at the cavc, you do not need to represent you
broncovet
The BVA "only has jurisdiction" over an issue when YOU, the Veteran gives it to him by filing a NOD. You can not file a NOD on an issue that has not been decided. So, no, the BVA "does not have juri
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