Hadit family, can anyone give me some advice on how to handle this Appeal process. I recently looked on VA.GOV and noticed this. how do I prepare to win?
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JUST SAW THIS ON MY VA.GOV
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The package sat in the mailbox at Janesville...
I need a sanity check... I filed my first VA claim after being out of the service for over 20 years and was awarded 80% from the day I filed. I then followed up with another claim that moved me to 90%. In the mean time I appealed the denials from the first claim. I am now 100% P&T (I am 63). I have my good days and bad days but I am not going to complain. This is my issue - I submitted an intent to file on the second claim and submitted it by overnight mail and can prove that it arrived and was ready for pickup on the morning of May 29th of last year. That is the day my Intent to File expired. My package sat in the box until it was picked up on the 30th and was then recorded as arriving on the 30th and the intent to file null and void. I can prove this from the U.S. Post Office documentation. I should not have waited to the last minute however that is another story. I want to submit an appeal for the date of receipt. Am I opening myself up for another set of evaluations and is this type of appeal even considered. I have poured through the instructions and can nothing about date of receipt. Does anyone have any experience on this?
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What does "Compensation Issue" term mean??
Hi everyone,
So my appeal was closed on July 15. I haven't received my letter yet but under the issues tab on va.gov, where it used to say the items i was appealing, it now says "compensation issue." Is that normally what it says just when they close the review? Has anyone seen any other terminology in that section?
Thanks for your input.
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Finally Won...NOW WHAT?
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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Feet pain
There was a post on "flat feet", so I thought I would ask:
QuoteWhat are you doing about foot pain?
My VA doc was useless. Even the foot doc was no help. He did give me a set of inserts for my shoes, but I had better luck (and more arch support) by ordering arch support inserts online.
Berta mentioned she got insoles fitted by a doctor. I really never have had them fitted by a doc. I have had a total knee replacement, (not service connected but should have been, its moot now since Im already 100 percent plus SMC S). I fractured my leg in the military.
Most of my foot pain is limited to the left foot. Pretty much it either feels numb or pain all the time. Fortunately, mostly numb. Im not a diabetic, and have not been diagnosed with peripheral nueropathy, but I think I have that anyway.
Even worse than my foot pain is my brother's foot pain, and I want to help him.
I have tried some things with some success, but not as much success as I like.
1. Orthopedic inserts. The leather ones from Berkinstock seem to work best, as they support my high arch.
2. Stay off cement. I try not to walk on concrete surfaces, at least not for very long. If I walk on concrete, such as a Walmart, my feet will start to hurt within 1-2 hours. The only relief is to "get off my feet".
3. Nurtirition therapy. I beleive many disorders (diseases) can be helped or even cured with great nutrition, mostly lacking in our diet. For example:
a) I use olive oil only at home for cooking. Its rich in poly phenols which seems to help. It has to be good quality olive oil "where you know" the farm it was made. I also eat olives.
b) "Deep root" plants. Some examples of deep root plants are all fruit growing on trees, since trees have a long root system and it can pick up minerals deep in the ground. Much of the surface soil has long since been depleted of minerals. But plants with long roots can still get to minerals deep in the ground, where we havent managed to pollute or remove all the minerals yet. Nuts are good, for same reasons. Alfalfa is good, it has roots that go up to 10 feet deep. Corn is poor. Its a surface crop with little nutrition and mostly calories used to fatten animals. It works to fatten pigs and cattle. Carrots are good, they have a deep root. So are beets.
c) Only quality meats. I buy buffalo when available. Laws prevent feeding buffalo antibiotics or horemones. When buffalo is not available, I try to get organic or at least grass fed beef. For fish, I try to get "wild caught". Yea these cost more but isnt your health worth a few dollars a month?
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Back pay wrong
So I found out that I was increased from 80% to 90%, (aside from the fact that this should have been 100%), I have issues with the amount of back pay. They gave me my effective date all the way back to 11/2018, but miscalculated. From 11/2018 until 03/2020 I was 70%, from 3/2020 until now I was 80%. They are saying the owe 1/2 the back pay they should. My rough estimate says they used 80% for the calculation all the way back. How can I have them fix this?
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HLR or Board
This might get a little long winded but please stick with me. I just had my supplemental claim for arthritis closed. I was awarded 2 out of about 15 affected joints, and suprise, suprise it seems that the reason the others were denied was because of the C&P examiner not doing a thorough exam and incorrect reporting on the paperwork. The reason for denial on all of them was no diagnosis. Now the problem with this was that she was provided with a letter and medical records from my rhuematologist (an M.D.) stating specifically which joints are diagnosed and affected, and the letter is from May 2020, so it is current information (she is a nurse practitioner, and best I can tell specializing in family medicine). She decided she didn't believe me when I told her joints hurt during the exam so basically said nothing was wrong, thus no diagnosis. In particular I know she lied about the range of motion of my shoulders. I have a difficult time getting to 90 degrees on either arm, but her range of motion says 120 degrees. she did actually measure this, but I know where my arms were and it was less than 90. She did measure my back (which was approved) but nothing else. She didn't even actually examine my hands or feet. She "examined my elbows and knee from across the room. Also, she stated I have no flare ups, but I know for a fact the QTC questionairre I submitted to her stated that I do, as well as my statement I filed with the claim to the VA.
I called DAV as soon as I left the exam and asked them what to do and they said, just wait for the exams to come in and see what they say. When the exams came in I couldn't get anyone at DAV to actually look through them all, so they said just wait for the decision. I finally got someone to look through a few of them (after the decision was made) and from what the DAV is telling me, many of the joints don't look like the reach the compensable level based on her C&P.
Now I am at a crossroads. I can either Higher level review and see if maybe they will give me 0% service connection because my doc's diagnosis should outweigh her 10 minute "exam"(maybe a couple 10% ratings if I'm lucky), or get in line at the the BVA. I'm not sure what to do next and I've heard advice to go both ways from the DAV. They say I can't fight the bad C&P through HLR. Any thoughts or advice?
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Higher level review
Higher level review letter states that VA returning 3 different mental conditions for correction of a duty to assist error in the prior decision. States Va failed to get an examination(s) and/or medical opinion(s). One of them states VA is developing exam to consolidate conflicting information. I told review I had a bad C&P, and that the person doing exam, had been reported by VSO's . I have new C&P tomorrow. Video C&P. What should I expect?
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BVA Time Frame
After the local VARO implements the BVA remand and the veteran disagrees with their decision, does anyone know of the time frame or is there a time frame that BVA has to complete the claim?
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What to do when VA disregards this?
“Administrative law” may sound like a boring subject, but it isn’t. It’s both fascinating and, in the 73-year history of the Administrative Procedure Act, more important than ever for providing the legal structure in which encounters between citizens and their government take place. The Administrative Procedure Act doesn’t tell the government what to do. It simply requires that actions of federal agencies be supported by reasoned decision-making. When challenged, agencies have to provide explanations that are plausible and consistent rather than “arbitrary and capricious.”
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Lost post
OK, I tried to post this response to Retired44 post and I am quite sure a lot more veterans need to see this. A veteran does not have to have a specific diagnosis. For disability compensation and rating criteria. VA should go by the symptoms regardless of how they are diagnosed or labeled because diagnosis can change but the symptoms do not.
(IMHO) you don't need to get your records changed or the wording. Look up Clemons V. Shinseki, 23 Vet. App. 1, 5 (2009) I will post it and you can research it and tell me what you think. BVA is getting a lot better with their decisions. If your claim is denied at BVA you can then hire an attorney to file a claim at CAVC where you do not have to pay and they will fight your claim. NOVA Attorney listing https://www.vetadvocates.org/cpages/sustaining-members-directory
In accordance with "Clemons V. Shinseki, 23 Vet. App. 1, 5 (2009)" (when determining scope of a claim, Secretary must consider the claimant’s description of the claim; the symptoms the claimant describes; and the information the claimant submits or that the Secretary obtains in support of the claim”). Clemons concerned VA's failure to consider a claim of entitlement to benefits for a disorder other than the one specifically claimed, even though it shared the symptomatology for which the Veteran was benefits. The Clemons Court found that, where a Veteran's claim identifies a condition, without more, it cannot be a claim limited only to that diagnosis, rather must be considered a claim for any disability that reasonably may be encompassed by the evidence of record. The Clemons Court indicated that, when a claimant makes a claim, he is seeking benefits for symptoms regardless of how those symptoms are diagnosed or labeled.
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How many judges?
How many judges at the BVA rule on appeals? They go thru hundreds a day so I was just wondering how thorough they were in making their determinations. Do they spend an hour on each case, 4 hours, or a day? Just curious.
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Increasing Narcolepsy Rating
I have a few questions I'm looking at trying to increase my Narcolepsy rating and I'm trying to figure out what all i will need. I already have 10 people that i work with whom are retired military and military members that have told me that they will write statements to me falling asleep at work 5 to 7 times a day along with my wife's statement. i was told that i dont need a Nexus letter when trying to increase a rating, so what would i have my Neurologist that's been treating me the past 8 yrs. last question is when i was going through my VA appointment's (all done by civilian doctors) i had not noticed a mistake until last year, the mistake is when i was asked about the minor seizures i told the doctor i experience between 5 to 7 a day but last year i noticed that he had put 5 to 7 a week. the difference from 40% to 80% disability. I understand i should have reviewed the paperwork after receiving my disability letter in 2009, and I'm not looking to get back pay just want to get the rating i should have gotten with the right wording that should have been put in the report. this is so confusing and i dont have the money for one of these law offices to take my case. So I'm hoping with all the knowledge in this group i will at least get steered on the right track.
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CAVC! NO remand Granted/Denied
Can someone look at this and tell me if this is good or bad? And what happens next?
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Hide past events
July 08, 2014 – August 03, 2020 -
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 recieved 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
Current status
We don’t know your status
We’re sorry, VA.gov will soon be updated to show your status.
How long until a judge is ready for your appeal?
Your appeal was remanded by the U.S. Court of Appeals for Veterans Claims. Court Remand appeals are prioritized so that they’re always at the front of the line. Your appeal will be sent to a judge as soon as it’s ready for their review.
Issues
Closed
Granted
- Increased rating, Cutaneous manifestation of collagen-vascular disease
- Increased rating, Scarring
Denied
- Increased rating, Post-traumatic stress disorder
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Frustrated
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How Do I Request Earlier Effective Date Due to VA Policy Change (Increase in Minimum Rating)?
The VA changed the minimum rating for painful motion of the shoulder from 10 to 20% on 23 May 2016. I only just found about it this year. I requested that they change my rating via a claim for an increase in benefits, which the VA granted, but they made the effective date the same as my file date (31 March 2020).
According to 38 CFR §3.114(a)(3): "If a claim is reviewed at the request of the claimant more than 1 year after the effective date of the law or VA issue, benefits may be authorized for a period of 1 year prior to the date of receipt of such request.” Therefore, my effective date should be March 31, 2019. How do I request this earlier effective date? I searched these forums but can't find anything that's applicable.
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Is eBenefits supposed to update after HLR?
Hi everyone,
My Higher Level Review was completed last week. When my initial claim was completed ebenefits updated my "disabilities" section long before I got my decision letter. Does anyone know if the same is true for the HLR? Basically if the decision was reversed should it be already showing in eBenefits? Because it doesn't even show anything about my appeal anywhere on ebenefits.
Thanks
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"A judge is reviewing your appeal" "Decision soon"
Update: Closed August 15th
Wondering if anyone else has seen this before and if the timeline was about right?
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Appeal disappeared on Vets.gov
Good Afternoon,
I had a combined appeal pending; for migraines and fibromyalgia since 2013. I was contacted by a VRO in January 2020 who stated that I had been scheduled to see a judge in March 2020 for fibromyalgia and that Migraines were not listed and I would only be seen for Fibromyalgia. Migraines were listed and stayed listed on Vets.gov. June 2020 I checked Vets.gov and it stated that the judge was reviewing and both issues were still listed. The next day I checked Vets.gov and Fibromyalgia was granted, but migraines had disappeared. I received a letter granting Fibromyalgia this month, but know mention of Migraines. I do not know what to do next, because I have no paperwork to even do a reconsideration for migraines. It is as if I never had the appeal in for migraines the last 7 years. Any information anyone can provide will be greatly appreciated.
Thank you
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VA Is Asking How Well They Have Done On My Appeals
The VA always asks me to fill out a satisfaction survey BEFORE I get their decision.
How bass ackwards can they be?
If I tell them they suck, would they appreciate my honesty?
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