NAVY NC Posted August 2, 2022 Share Posted August 2, 2022 (edited) Just wondering if anyone has had any luck with BVA AMA with new evidence appeals. This is where I am at. See pictures below. Edited October 26, 2022 by NAVY NC Wrong info (see edit history) Link to comment Share on other sites More sharing options...
0 Patron Dustoff1970 Posted August 2, 2022 Patron Share Posted August 2, 2022 (edited) I sent directly to the BVA appeals judge new and material evidence in the form of a doctor's nexus medical opinion stating my OSA Sleep Apnea claim was due to my long term PTSD and PTSD medications. I sent this AFTER the VARO raters denied my claim and AFTER I received BVA letter stating they had received my appeal at BVA HQ. The BVA did grant/approve my OSA claim at 50% with effective date of 2017 and also automatically awarded me additional SMC-S with 4 plus years backpay to date of OSA claim. The judge said the nexus opinion was a key reason for granting my appeal. I feel confident I would have won my appeal even without the new nexus opinion but wanted to make sure just in case. It is important to send the new evidence as soon as possible to BVA and just after they confirm receiving your appeal request. My comment is not legal advice as I am not a lawyer, paralegal or VSO. Edited August 2, 2022 by Dustoff 11 (see edit history) Link to comment Share on other sites More sharing options...
0 Patron Dustoff1970 Posted August 2, 2022 Patron Share Posted August 2, 2022 (edited) My first comment to your question was about my legacy appeal/claim ( I believe) and not AMA appeal. However, I filed a direct review AMA (I think) appeal for AO heart disease increase and then sent another doctor's nexus medical opinion as new and material evidence direct to the BVA also. The BVA did not acknowlege receiving this new evidence but remanded my appeal to VARO due to "defective" C&P examiners negative opinion against me. A new C&P was ordered and this appeal is still pending with no decision yet from VARO or BVA. Edited August 2, 2022 by Dustoff 11 (see edit history) Link to comment Share on other sites More sharing options...
0 NAVY NC Posted August 2, 2022 Author Share Posted August 2, 2022 I actually did send new evidence with a Nexus opinion from my private Orthopedic surgeon, which was also a Retired Lt. Colonel from the Us Army. I sent it within the 90 day window, the only issue I have is its been since October of 2020 since It was recieved by them and went to Judge is reviewing your appeal in July of 2021, I have called them directly, but they never give information you want to hear besides its on the Judge's desk. Link to comment Share on other sites More sharing options...
0 Patron Dustoff1970 Posted August 2, 2022 Patron Share Posted August 2, 2022 (edited) I made a mistake that I will never repeat by filing a direct BVA appeal to BVA on a claim for increase of my AO heart disease. Supposedly a direct BVA appeal does not allow for new and material evidence and as I said in second comment the BVA did not acknowledge receiving this new evidence that I sent anyway just in case. I feel confident I will eventually win this appeal even without BVA considering the new evidence. The GD VA change over from legacy claims and appeals to the AMA occurred just as I filed new claims and appeals but I still won all 4 but one that is still pending. I hope they all burn in **** as this was done deliberately to create mass confusion that has harmed many more vets than me as I still prevailed after a few mistakes on my part. Anyone who says otherwise is being deceitful IMHO as there has been very little improvement in timeline for AMA appeals. It is all more c**** government BS. They always have some lying excuse for no improvement such as still working legacy appeals. How convenient. Edited August 2, 2022 by Dustoff 11 (see edit history) Link to comment Share on other sites More sharing options...
0 Freedom101 Posted October 25, 2022 Share Posted October 25, 2022 I actually filed on the same day as you and mine is still "Waiting to be sent to a Judge"! Did you file for an advance on docket? Has yours been completed yet? Link to comment Share on other sites More sharing options...
0 NAVY NC Posted October 25, 2022 Author Share Posted October 25, 2022 I did not request an advance on the docket, as of today its still being reviewed by a law judge. Hurry up and wait. Good luck to you Link to comment Share on other sites More sharing options...
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NAVY NC
Just wondering if anyone has had any luck with BVA AMA with new evidence appeals. This is where I am at. See pictures below.
Wrong info (see edit history)
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I’m 515 into a direct review. Still waiting to be assigned to a judge. So much for the 365 day timeframe. Hardship, and veterans 75 years an older go ahead of the line regardless of docket n
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Appeal with evidence. Waiting to be assigned to a judge. Since 19 Dec 2019. 1046 days.
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