87 questions in this forum
At what amount, does a claim in Higher Level Review, have to be sent to be approved by someone else?0 votes12 answers
Has anyone had experience with the RAMP BVA? I elected to see a veterans law judge. I fought and got mine accepted by the BVA with a date of November 2019.0 votes1 answer
Decision soon, Your appeal will soon receive a Board decision. Submitting new evidence at this time could delay review of your appeal. If you’ve moved recently, please make sure that VA has your up-to-date mailing address. So the reason I posted the Decision soon comment off of VA.gov is that this comment is no 20 months old and going on my appeal status. Now, I am not sure what most of you think "soon" means but I believe it means completing something in a timely and responsible manner. My appeal goes back to May 2015 and at the board docket November 2017. December 2018 VA.gov showed that I was awaiting a decision soon, now 20 months later it is still going to be …0 votes3 answers
Everyone Who touches These Forum posts can Afford Five Bucks a Month to Support this thing we call hadit; and because we usually have right? IF I can at 74, Low Income SSA, Still Waiting for My VA Benefits; can't You as well???0 votes0 answers
I opted in to the BVA evidence docket under the AMA in April, 2019. My appeals remained in Legacy and staff at the BVA refused to fix it even after I complained several times on the phone after finding the mistake on VA.gov showing I was scheduled for a hearing. The VA finally corrected their mistake this month and my appeals are finally in the hands of a VLJ at the BVA0 votes2 answers
Ok, called 1-800 number hour ago claim was time stamped today, after two DBQs, one for ptsd, and one for other mental conditions where uploaded Monday. What does time stamp mean?0 votes1 answer
What is the timeline for? 38CFR 3.2502 C&P done. just waiting0 votes1 answer
Hi, 130 days for Higher-level review currently, but my VSO had the HLR informal conference talk with the higher level reviewer on 7/24/20. Anyone have knowledge of the typical timeline after the HLR is conducted? VSO said " We did have a two way conversation; but you know the deal; she sounded very positive about service connection but could not come right out and say it!", so i'm hoping the outcome is as good as he made it sound! Thanks.0 votes11 answers
HLR 131 days and my informal conference was a few days ago. An error was found, as attached, and they say my new decision/% is addressed in the paper, but my vso was able to see the paperwork and it shows nothing. So my HLR worked and found there was a clear error. I hope the same outcome for others.0 votes0 answers
Hello Everyone! Posting here for the first time! I have been reading this forums for quite some time and gathered ton of information on here and regret using third party services to get my rating pushed upwards but, that is a discussion for another day and probably no point in thinking about it now. Anyways, I would like to get some advise from all the knowledge folks here in terms what my next step should be. First of all, I am currently rated 100% P&T as of June 10, 2020. I have been rated 90% since 2011 Dec. I was never thinking about 100% until recently when I filed for a neck issue which was rated at 30% and then I got another 10% secondary condition ba…0 votes2 answers
Yesterday was 125 days of my higher-level review being submitted. I know they say it's an estimate, but the average days complete and pending in Dez Moines are 73 and 66, so i'm confused what's taking so long. The past 2 months have been A senior reviewer is taking a new look at your case. I originally submitted all needed paperwork per cfr 38 and all was favorable from both sides. Anyone have experience with this or why it is taking much longer? COvid seems hard to believe since they are working from home. I still receive the rest of my normal va operations as if they were open. Thanks.0 votes5 answers
Good Afternoon Team, Short back story/timeline: Left Active Duty: August 2015 Diagnosed with Sleep Apnea February 2016 (6 months later) Submitted claim in May 2016 with my evidence: Sleep study DBQ In service complaint of snoring exerpt from my medical record Favorable C&P Exam opinion (at least as likely as not...) VA Denied my claim in August 2016 I did nothing because I didn't think I could come up with any other evidence Fast forward to last year..... I scratched some pennies together and paid for an IMO, then submitted the letter via a supplemental claim. I was awarded S…0 votes29 answers
Hello again, I just received my letter for my supplemental claim for Acid Reflex/GERD and it was denied. When I started this claim, I initially tried to link asthma medications to Acid Reflex/GERD. I had an IMO form my PCP. That was shot down and eventually I was denied because the VA had 2 negative opinions, one from the C&P examiner (who wasn't a specialist) and a DR. who was tasked to clarify on the claim. After I received the denial the first time, I filed a Supplemental claim. In this supplemental claim I stated that I believe that my Acid Reflex/GERD could be a combination of medications I take for service connected disabilities (An IMO was provided) I…0 votes4 answers
Earlier this month, I submitted a supplemental claim. Today, I went on va.gov to see if it showed up yet.0 votes4 answers
So, it’s like ground hogs day 4 years later for a disability. In 2016, I filed a claim for my lumbar spine secondary to my knee. Claim was denied, did a NOD with an IMO, claim denied. Submitted appeal and won because my IMO cancelled out the VA providers opinion. Now, in Nov 2019 I filed a claim for Gerd, Hiatal Hernia, and Gastritis secondary to OSA caused by a TBI. Claim denied, supplemental claim with IMO, denied. I just submitted an appeal today. So; what do the two denials for the second time with an IMO have in common? In both cases they went back to the VA provider who denied to original claim. I think it’s unfortunate VA providers dig their heels in w…0 votes3 answers
Received this today from the congress liaison for my higher level review case. Today is day 88 and it the website says the HLR review shouldn't exceed 125 days. Does this email mean that it'll be done within days, or is this just a generic email? Also, what is your opinion/outcome on HLRs, if you've had one or dealt with one. Thanks.0 votes3 answers
Received this today from the congress liaison for my higher level review case. Today is day 88 and it the website says the HLR review shouldn't exceed 125 days. Does this email mean that it'll be done within days, or is this just a generic email? Also, what is your opinion/outcome on HLRs, if you've had one or dealt with one. Thanks.0 votes1 answer
Ok, So I called the VA regarding my Supplemental Claim for Acid Reflex secondary to Multiple medications for Multiple service connected disabilities. As I spoke to the gentleman on the phone, we got along and talked about infantry stuff etc. After our chit chat, he told me my claim was finished and a decision was made as of today. He said a packet would be out tomorrow. I said "well, usually I see something on Ebenefits, so I guess its not a good decision", he said "legally I cannot tell you anything because you don't have the packet, but if you disagree with it you can always appeal". I took that as, I was denied, even after All the information from my PMC, a note from a…0 votes9 answers
Three weeks ago I sent in new and relevant evidence to the VA to support my claim increase for a single disability via my VSO. I had Dr. notes, a Private dr. filled out DBQ, and VA Dr. notes... I just received an update on va.gov saying my case closed and to contact my VSO for further details? I have an email sent to my VSO as of a few minutes ago. does that seem a little to fast?0 votes21 answers
Just filed a Higher level review 3/12/2020 with a decision denial with clear evidence and all things needed per cfr 38 for mental health. I am wondering anyone else who has used this route and had look or insight? Time frame? Good experience? My vso said a cue can take a year or so and it's not worth that route, so we just did a HLR with no new evidence and showed them where they were wrong on their OPINIONATED decision. Thanks for your time.0 votes25 answers
Hi all. I had an exam last June - left knee, left shin. It came back not in my favor due to nexus. Opened another claim, nexus proven, but VA unable to approve because I didn’t “appeal” through the right channels. Back in February, I finally got a VSO. They submitted December’s exam (done by a VA doctor), with an MRI from my private care doctor, alone with my supplemental appeal. Today, I found out they want ANOTHER exam, and that’s the holdup. What’s the deal here? Anyone know? Three exams for one thing - even for the VA - seems to be overkill. I asked my VSO, but have not yet heard back. I feel like this should be something that can be ‘squ…0 votes2 answers
As of today, I think we won the appeal. I'll have to call my lawyer tomorrow for a briefing.0 votes9 answers
Good day all, I hope you are all staying well during these *interesting* times. I filed a supplemental claim in early February, and VA.gov still says, "we don't know your status" - they have my signed 5103 and all evidence. I called Peggy, and she says they're waiting on "an internal document." Does anyone have any idea what that might be? Thanks! Update: For what it's worth, the VA is still up & running claims, just with most regionals on telework.0 votes3 answers
https://www.va.gov/opa/pressrel/pressrelease.cfm?id=53970 votes11 answers
Mental health claim denied even with a private dbq/nexus & c&p exam nexus/dbq that are both favorable and agreed upon diagnoses. Attached is my appeal for higher level review. How does it look to you?0 votes13 answers
Tbird posted an answer to a question,Further Reading from VA.gov
How do I upload evidence online to support my disability claim?
If you’ve filed a claim for disability compensation, you can continue uploading more evidence for up to one year to support your claim. Evidence may include supporting documents like medical test results, doctor’s reports, and other records. Upload your evidence online now.
If you’re waiting for a decision on your disability claim, you can upload evidence to support that claim using our claim status tool.
Upload evidence using our claim status tool
Note: For any other type of document you’d like to submit online to us, please use the QuickSubmit tool through AccessVA.
If I filed a standard disability claim, when should I upload evidence?
Upload your evidence as soon as you can.
You can continue uploading documents for up to 1 year from the date we receive your claim. But, if you don’t provide any evidence or give us the information we need to help you get evidence within 30 days, we may make a decision on your claim earlier.
If we decide your claim early, you’ll still have the rest of the 1-year period to provide more information or evidence.
What happens if I upload more evidence after I’ve submitted a fully developed claim?
We’ll remove your disability claim from the Fully Developed Claims program and process it as a standard claim.
If we decide your claim earlier than 1 year from the date we received the claim, you’ll still have the rest of the year to provide any additional information or evidence.
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,If HadIt.com has helped you, please consider helping HadIt.com if you can.
When the site was gifted to Rattler it became a nonprofit. A nonprofit cannot use some of the previous items I used to help finance the site.
Now it all comes out of Rattler's pocket. He will not be able to continue financing the site on his own.
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broncovet posted a question in VA Disability Compensation Benefits Claims Research Forum,Let's begin with the regulation on CUE:
https://www.law.cornell.edu/cfr/text/38/20.1403#:~:text=Clear and unmistakable error is,different but for the error.
The Cue error, therefore, needs to be all these things:
2. Outcome determinative.
3. Based on the records VA has in their possession at the time of the decision. If VA was/is missing critical evidence, consider filing a 38 CFR 3.156 (new evidence) instead of CUE.
4. May be filed at any time, such as after the one year appeal period expired.
What CUE is NOT:
Rattler posted an answer to a question,Let me give you some guidance. But first I have to ask some questions.
Did you file an "intent to file" with the VA. What this means is you filed with the VA saying I want to file a claim for XX. An "intent to file" claim basically says you are going to provide the VA with more information with in one years time. (Service Medical Records, Doctors Reports outside of the VA Etc.)
If you did not do an "intent to file" you filed a direct claim and you have started the claims process. Each can be time sensitive.
Hopefully I can give you a step by step on how to do this.
1. If you have not done so you will need to get your military records including you military medical records.
You need to do this now. You military records can take 1 to 3 Mo.
Your VA records can take 8 to 9 Mo.
Without them you are kind of shooting in the dark.
You need to sign-up with the VA at https://www.va.gov/?next=loginModal .
I recommend you use Login.gov to get your login above the others as it seems to work better than the others
This way you can track you claims, apply for other VA benefits'.
2. Go to the Non-VA doctors that have diagnosed you with XXX and get there medical records. Go through the records and pull out ONLY the ones that say you have XXX and submit ONLY THE RECORS THAT PROVE YOUR CLAIM. I can not stress this enough. The VA people who review your claim do not have the time to read through 500 pages of your medical history to pick out the 2 pages that says you have XXX. This will hopefully speed up your claim.
3. The quickest way to submit stuff to the VA is at this address. https://eauth.va.gov/accessva/#forVeterans . This is why you need to get the VA access through Login.gov.
Use the Quick Submit button and follow the instructions.
This should get you going in the right direction.
Two words to the wise.
1. Do not rely on Youtube or other videos on the internet. There is a lot of misinformation out there. There is a lot of old information that doesn't work in today's VA.
2. When seeking a VSO with a veterans service veterans service organization the first words out of your mouth should be, "Do you have VBMS access." VBMS access is real time access to your VA claims file. There are a lot veterans service organization that have suto VSO that kind of only do intake for veterans service organization. What I mean by this is they are not "VA Certified Claims Agents." they are only trained by the veterans service organization to fill out forms and submit them via fax or mail. Only "VA Certified Claims Agents" have VBMS access.
Please don't hesitate to come hear and ask your questions at Hadit.com