Appeals Modernization Act AMA
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80 questions in this forum
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Higher Level Review Question
Hello Everyone I received a call on Wednesday from the law firm that is representing me and they told me that they had just finished my HLR with the Waco RO. I wanted to know does anyone know about how long it will take to get a decision after the HLR is done. I look forward to your replies and have a great weekend and everyone be safe.
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Higher level review
OK, I need some advice. I started a HLR in March 2020, and had a new C&P in August of 2020. VA has been waiting on records from JSRRC since then. By my MOS (11B1P), and awards (SWASM, etc.) , plus being in a combat zone and my C&P I'm uploading, should I file to have the VA process my claim with what they have, or wait for them to finish with the records request that could take God knows how long.
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Secondary condition effective date
Hello All, If a secondary condition was awarded on the same original effective date of the primary condition, would the secondary condition also receive an earlier effective date, if one is award for the primary condition. Example: Initially awarded shoulder rating as the primary condition and rotator cuff as the secondary condition with the same effective date (2012). And in 2021 BVA granted a revision of the 2012 rating decision for an earlier effective date. Will the secondary condition also receive the earlier effective date? Thank you.. Add
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M 21 Modification coming up.
Just got this from NOVA. https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000173130/2021-05-10-Memorandum-of-Changes "Compensation Service established an integrated project team consisting of regional office personnel (quality review specialists and coaches), as well as representatives from within Compensation Service’s other staff groups, the Offices of Field Operations and Administrative Review, and Pension and Fiduciary Service, all of whom collaboratively examined means for making the M21-1, Adjudication Procedures Manual (M21-1), a more consumable and navigable resourc…
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Higher level review
This is crazy. It's the 7th of April. I've been wait since my C&P in August of 2020 for the VA to finish records request. This is because of a Higher level review that found a number of errors to include the VA not getting my records to begin with. AT what point will the VA stop a records request to JRSSC? HLR started on March 5th 2020. I'm still waiting over a year later.
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Supplemental in AMA Timeline
Original claim opened in Nov 2013 (Legacy) Claimed Denied Dec 2014 (Legacy) Submitted NOD in Jun 2015 (Legacy) Opted into RAMP July 2018 Denied Ramp May 2019 Supplemental Claim open June 2019 ( In decision phase now per VA) Flat feet (aggrivated due to ) From original claim date ( new DBQ, Medical opinion, Nexus, lay statement) On supplemental claim Knee condition from original claim date also supplemental claim (New DBQ, Medical opinion, Nexus , Lay statement) on supplemental claim Back condition from original claim date rated 20% Fibro Denied Hip condition denied I am waiting to see how this comes out (nerve…
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Heart Attack Secondary to Depression, Should I appeal?
Forgive me if this has been asked previously. I am trying to navigate the site and did not find anything searching for it. I am currently service connected at 50 percent for depression, listed as MDD and Anxiety. Had a heart attack last year. STEMI. CAD diagnosis. In discussing lifestyle changes, I was asked what my stress level was as far as job, home life, leisure, prior health, etc. Stress is high and depression is thick and real. Was told that the depression and anxiety COULD be a contributing factor and Id want to be as stress free as possible. Applied for secondary heart attack, due to depression and anxiety with VA. had C&P exam. Saw doctor (contracto…
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HLR Closed Same Day
Hello all, We submitted a HLR to contest an EED for TDIU and increased ratings for 2 other conditions. I checked va.gov today and saw this (see below). Nothing is listed under issues. I know that the website is not always trustworthy and that we should wait to receive information in the mail but I was just wondering if anyone else had seen this. Thank you for everyone's support and assistance. This forum is a wealth of knowledge.
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Supplemental claim
Filed a supplemental claim 12 days ago. Sent a current diagnosis from VHA of combat related PTSD (they diagnosed me with other stressor related disorder at 30%) and evidence of symptoms and interactions with police that should put me at 50 or 70% in like 50 pages of evidence via . Called 1800 number today to check on status and they said that it had already been decided for 10/20/2020 (tomorrow???) and no new C&P was given. Does this seem a bit fast to you? Does that mean its unfavorable or have you seen favorable decisions made that quickly?
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Scars, Disfigurement Supplemental..HELP
I will apologize in advance for the lengthy message but I am looking for insight on what may be happening here. Dec 2019 I filed claim for CCCA - which is a progressive alopecia typically found in certain group of women and very specific symptoms. I combed STR and found first instance of it in 2003 while active duty. I was treated over the years but it progressed (nothing you can do to stop it only slow it down). Based on disfigurement criteria I believe that my records, statements, etc. met at least four of the requirements. Last 3 years I had been treated by dermatologist and this was her specialty. She wrote medical opinion and completed DBQ (although not correc…
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Denied Claim due to Telehealth?
If your claim was denied due to telehealth reasons please do yourself a favor and read over/ reference this very important BVA case: https://www.va.gov/vetapp20/files3/a20003992.txt
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High level Discussion time! To request a call or no?
Hey Fellow Vets, Let's talk about high level reviews! Once your claim is denied or you think you should of been rated higher, you can request one of three appeal lanes (HLR, Supplemental, BVA). One of those appeal lanes is called a high level review. You can add no new evidence to a high level review (No new med records, IMO's) but you can request an INFORMAL CONFERENCE WITH THE HIGHER-LEVEL REVIEWER. This is what I want to debate! Do you do the Informal conference or not? In my option, No! The word Informal makes that entire call questionable. When dealing with the VA, you do not want anything informal! Also that call push's your timeline out…
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Claims timeline
I had a higher level review, in July which errors where found. I had a new C&P on August 7th. I was told they are waiting on records. My question is long long can they drag out a records request? They should have my records since this is just correcting errors.
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Stressor verification
I was told this morning that they where waiting on stressor verification. I was in northern Iraq, as part of Operation Provide Comfort, with hazard duty pay. this was almost 30 years ago. Riot control, mine fields, etc.. We didn't have cell phones or video and not everything was reported everyday, like it is today. C&P was in my favor. guess they are trying to deep six me
0 votes3 answers
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Most Common VA Disabilities Claimed for Compensation:
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Defense Bill Passage and Bladder Cancer
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,
I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently-
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5,10, 20 Rule
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,
The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
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Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)-
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Post in New BVA Grants
broncovet posted an answer to a question,
While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
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Finally Won...NOW WHAT?
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
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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Post in Higher level review
Joey Ross posted an answer to a question,
I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
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Most Common VA Disabilities Claimed for Compensation:
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