Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC

3,123 questions in this forum

1. Court of Veterans Appeal Hearing Videos

   Oral Argument held at NOVA Conference, Washington DC Judges Allen, Laurer and Jaquith Counsel for the Appellant: Zachary Stolz & Jenna Zellmer Counsel for the VA Secretary: Nathan Kirschner & Dustin Elias Terms: AMA, 526 EZ, M21, Attorney Fees Key Points:

   Asked by Tbird, March 16

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   0 answers
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3. After 50 years I received a 100% disability rating. At 73 years of age I was awarded it about a month ago.

   After 50 years I received a 100% disability rating. At 73 years of age I was awarded it about a month ago. Prior to then I received a letter from the Treasury Department stating they didn't have my banking info available if I was awarded a pension. Turns out they did. I had to call the number given to verify it. The gentleman I talked to told me how it can take 6 to 8 years for an appeal. WOW! That was depressing. He said the Washington office alone had 4 or 5 staffers and handled 30,000 claims. I wrote to Senator John McCain telling him what I had learned. With no reply necessary. I turned on CSPAN 2 weeks later to see what was going on with our committee hearings and I …

   Asked by shipdog7, May 26, 2017

   1 vote
   25 answers
4. How Do I Appeal

   http://www.bva.va.gov/docs/Pamphlets/010202A.pdf

   Asked by carlie, April 17, 2011

   0 votes
   4 answers
5. Vba Nod Form 21-0958

   Go to the following link and click the download button. http://formupack.com/pdf-forms/federal/va-veteransaffairs/FederalVA_VBA-21-0958-ARE.html "THE USE OF THIS FORM IS NOT MANDATORY. HOWEVER, USING IT WILL HELP REDUCE DELAYS IN PROCESSING YOUR NOD. THIS FORM HAS SEVERAL KEY COMPONENTS, WHICH WHEN FILLED OUT COMPLETELY AND ACCURATELY, WILL DECREASE THE AMOUNT OF TIME IT TAKES TO PROCESS YOUR NOD. Frequently asked questions: For what do I use this standard NOD? Use this form to indicate to your Regional Office (RO) that you disagree with a decision you received regarding your claim for disability compensation. Examples of these decisions may include entitlem…

   Asked by carlie, August 16, 2014

   0 votes
   12 answers
6. Waiver Of Regional Office Consideration

   This link has a PDF attachment for the Waiver of Regional Office Consideration that is used when you submit additional information / evidence to the BVA. If the BVA does not get this signed Waiver from the claimant, in most cases they will automatically by regs. have to remand the additional information / evidence back to your RO for their consideration.

   Asked by carlie, November 16, 2010

   0 votes
   2 answers
7. Follow up Status: Legacy Claim Appeal Remanded for Gulf War Conditions

   Please excuse if this is a duplicate. Follow up Status: Entitled to Backpay if Legacy Claim is Adjudicated and Veterans is Already 100% SC I'm open to any insight and or shared experience. Thank you. Judge remanded conditions. Ordered VA to do another C&P exam, stated the previous exam was inadequate. Conditions were lost in VA "black hole" for over 20 years, finally adjudicated after PACT. I have an exam on Monday, I will definitely attend, however, not sure what to expect. Just wondering if this process will affect my current rating - 100% P & T. I am a DS Vet, served in Southwest Asia during Persian Gulf War. The board not…

   Asked by GulfWarVet1990, 23 hours ago

   0 votes
   2 answers
8. Motion to advance on Docket?

   Greetings, Hadit family I’m currently still in the fight with the Va and have 4 appeals at the BVA awaiting an hearing. I applied for the motion in February of this year and it’s been crickets since. I started calling this month to inquire about it and keep getting the same generic answers. So today a nice lady finally was able to shed some light on it and said it’s currently waiting for a hearing to be scheduled, as it’s with the BVA hearing administrators. She said that’s a good sign but idk since no decision been made yet to grant the motion. Anyone else been in a similar situation? Or what else can I do on my end? And what to look out for etc. Would I hear about …

   Asked by Bluntly, April 8

   0 votes
   2 answers
9. BVA Direct Review Timeline

   Submitted a BVA direct review 1-11-22. They advertise "average wait time" of one year. In about 2 weeks, I'll be at two years. It has said waiting for a judge to review this whole time. Recently I was told by a VSO that they are just starting 09-2019 appeals. Any one have any insight or personal experience? Thanks.

   Asked by FlyboyLeRoy, December 31, 2023

   0 votes
   5 answers
10. Entitled to Backpay if Legacy Claim is Adjudicated and Veterans is Already 100% SC

    Does anyone know if a person will get back pay (if granted)for an adjudicated legacy claim (on appeal, currently Judge is reviewing) if the person is already 100% sc. Granted 100% SC for other claims. 2005 legacy claims pending, still waiting for Judge to review. If granted will VA grant back pay? Thanks so much.

    Asked by GulfWarVet1990, March 16

    0 votes
    11 answers
11. Will my lawyer still get paid if I remove as my POA?

    Good evening, I hired a lawyer to represent me for OSA appeal last year. This year I am working on other claims on my own, and I want to remove the lawyer as my POA since he is not working on these claims. His compensation would be well earned and I want to make sure that he is paid for my OSA appeal, however, he should not get a percentage for claims that I am working on that he has not assisted or agreed to take on. Does anyone know if I remove the lawyer as my POA will he still get paid when my OSA claim is granted. Honestly I trying to avoid VA from automatically paying him if and when my other claims are granted. Thank you.

    Asked by GulfWarVet1990, January 10, 2023

    0 votes
    8 answers
12. What is everyone's current BVA appeal status as of January 2024?

    Just curious where everyone else is sitting with their BVA appeals. This month, my BVA AMA appeal turns 3 years old. It was an appeal of a CUE denial I submitted in 2019. The BVA received my appeal in January 2021 and the video hearing happened in December 2022. VA.gov still says it is waiting to be assigned to a judge to make a decision. I realize there are a ton appeals ahead of me as I am not terminally ill, not over 75 years old, not having a financial hardship, not having a legacy appeal, and not a PACT Act/Toxic Exposure appeal. Not only did I receive one copy of this email today from the VA, but they were nice enough to send me a second copy of it! Bonus!

    Asked by Vync, January 2

    0 votes
    17 answers
13. Board of Veteran Appeals and "double jeopardy"

    Hello all, My claim for EFD was denied at the BVA level and then appeal to the CAVC. The CAVC, under a joint motion, remanded it back to the BVA. The BVA then denied again for a reason that was not in the file and something that we have not seen before. (I will upload the BVA denial letter tomorrow.) So, the question is can the BVA deny, deny, deny and then when the file comes back on remand, deny for a completely different reason than what they were ask to look at on the remand? By the way, the reason for the latest denial ahs NEVER been mentioned before. Thank you.

    Asked by Atlcocky, August 8, 2022

    • bva remand
    0 votes
    23 answers