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BVA Appeal Direct review with evidence



Just wondering if anyone has had any luck with BVA AMA direct review with new evidence appeals. This is where I am at. See pictures below.



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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 by Dustoff 11
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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 by Dustoff 11
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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. 

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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 by Dustoff 11
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