notice of disagreement Tag

On numerous occasions, veterans have expressed frustration to me concerning discrepancies between their VA-conducted Compensation and Pension Examination (C&P) and private audiologist-conducted hearing evaluation. Normally, disputes between level of disabilities can be resolved with the private physician completing a VA-published Disability Benefits Questionnaire (DBQ) for the condition in...

Recently, the Department of Veterans Affairs’ own blog posted an article regarding the VA appeals process.  The article provides a good overview of the VA appeals process (after submission of the VA Form 21-0958) and offers a well-constructed diagram that is easy to understand and succinctly explains the timelines involved.  Link to the VA article can be found at the following link: The...

On January 27, 2016, VA Secretary McDonald released a statement regarding the need to reform the appeals process for benefits under Title 38.  His statement can be downloaded at the following link: Statement from VA Secretary Robert McDonald On the Need to Reform the Veterans Appeals Process_January 27 2016 My takeaway: (1) this is the closest the VA has come to acknowledging that the agency...

On December 17, 2015, we blogged about the VA’s intent to propose regulations regarding presumptive conditions for veterans exposed to VOCs at Camp Lejeune.  Other news sources quoted VA officials as stating that it may take up to one year for any future proposed regulation to become final.  Frankly, this is likely a realistic timeline given the requirements of the Administrative...

On December 17, 2015, the Department of Veterans Affairs announced an intent to propose regulatory changes to Title 38 that would grant presumptive status for certain conditions related to exposure to volatile organic compounds (VOCs) while stationed at Camp Lejeune, NC.  The noted conditions were the following: (1) Kidney Cancer; (2) Liver Cancer; (3) Non-Hodgkin Lymphoma; (4) Leukemia; (5)...

Recently, the Department of Veterans Affairs updated the VA Form needed to perfect a Notice of Disagreement, specifically VA Form 21-0958.  I have uploaded a copy at VBA-21-0958-ARE (Notice of Disagreement).  Substantively, the biggest change is a specific block for the veteran/claimant to indicate whether they are requesting review by a decision review officer (DRO) or via traditional...

Over the years, I have commented how the informal process of “reconsideration” of an initial VA Rating Decision simply does not exist in regulation or statute.  I previously commented, “This practice has permeated through some of the Regional Offices  . . . but with no predicate in law and, therefore, little protection for the veteran.” While the notion of...

Of recent, we had a few favorable decisions that address similar issues than may provide insight for veterans with similar concerns.  In this Blog, it involves proof of service in the Republic of Vietnam. In terms of the little things, the now-updated version of Acrobat Reader permits me to save already-filled Standard Form (SF) 180s.  This form is used to make a request for military personnel...

Since the Department of Veterans Affairs released the standardized Notice of Disagreement (VA Form 21-0958) in February 2013, hundreds of veterans have contacted me because they have been unable to download the form through the VA website at http://www.va.gov/vaforms/form_detail.asp?FormNo=21-0958.  In turn, I’ve been happy to provide the Notice of Disagreement form via email.  From my...

On June 27, 2014, the Court of Appeals for Veterans Claims (CAVC) published a decision in Hudgens v. Gibson.  The critical operative regulation the CAVC was interpreting was 38 C.F.R. § 4.71a, Diagnostic Code (DC) 5055 (knee replacement (prosthesis)) and whether DC  5055 applies to partial knee replacement (PKR).  This is a question commonly posed by veterans on popular veteran social media...