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How Cases Progress at the U.S. Court of Appeals for Veterans Claims

Veterans Disability Claims

How Cases Progress at the U.S. Court of Appeals for Veterans Claims

Occasionally a veteran’s claim for disability compensation must be appealed to the US Court of Appeals for Veterans Claims, commonly called the “Veterans Court” or the “Court” for short. Cases pending before the Court use a modified version of the Federal Rules of Appellate Procedure, and can often be confusing for those who are unfamiliar […]

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BVA’s Record-Breaking Year: Cause for Celebration or Concern?

The Board of Veterans Appeals is celebrating a record-breaking year. In Fiscal Year 2019, which ended on October 1, the Board of Veterans Appeals decided 95,089 appeals, surpassing their goal by 5,000 decisions. The number of hearings held was also up by nearly 40 percent. This comes after 2018 saw a record-breaking number of appeals decided. While veterans would

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VA Stays Agent Orange Claims for Blue Water Navy Vets

Only July 1, 2019, the Secretary of the U.S. Department of Veterans Affairs ordered the Veterans Benefits Administration and Board of Veterans Appeals to stay proceedings with respect to all claims for disability compensation that are based on service in the offshore waters of the Republic of Vietnam between January 9, 1962, and May 7, 1975. Secretary

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Stanford Study Shows BVA’s Accuracy Claims Are Misleading

A recent paper published by the Stanford Institute for Economic Policy Research confirms what veteran’s advocates have long known to be true – BVA’s claimed 90-95% accuracy rates are, at best, misleading. In this study, researchers looked at data on nearly 600,000 BVA appeals over a 15 year period to determine whether BVA’s quality review process reduced appeals or

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Changes To Rating Schedule for Chronic Fatigue Sydrome

VA has finalized regulations which change the Rating Schedule relating to Infectious Diseases, Immune Disorders and Nutritional Deficiencies. This schedule includes the rating criteria for Chronic Fatigue Syndrome (CFS). VA proposed major changes to these diagnostic criteria, to include adding a list of diagnoses (current or past) that would exclude the diagnosis of Chronic Fatigue Syndrome (CFS), including sleep

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Why Don’t My Service Connected Evaluations Add Up?

When VA grants a claim for service connection, each service-connected disability is assigned a percentage according to VA’s rating schedule. If a veteran is service-connected for multiple disabilities, the combined evaluation determines the rate at which the veteran is paid. Many veterans are surprised that the combined evaluation is not always equal to the sum of

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VA Rolls Out New Appeals Process

Effective February 19, 2019, all new appeals filed with VA will be processed under the modernized appeals system. Enacted in August, 2017, the Appeals Modernization Act provides three appellate options: supplemental claim, higher-level review, or appeal to the Board of Veterans Appeals. Currently, veterans wait an average of five years from the date an appeal is filed

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