87 questions in this forum
Hi all, I have my signed 5103 and the evidence I want to upload with it, but I do not see an area to upload because I do not have a pending disabilities - since it's a supplemental claim. Is there a workaround or do I have to go through my VSO? Thanks!0 votes3 answers
Hello all, I spoke with Betty this morning, and found out my supplemental claim has auto-generated a 5103 request - which means they're asking me for additional evidence, even though I already supplied everything. Below are some questions I sent my VSO, but thought I might get an answer faster here: Good morning! My supplemental claim now appears on VA.gov, with a receive date of 2/10. I called the VA this morning, to see if they needed anything from me, and now I (of course) have questions. …0 votes4 answers
Hi all, My VSO submitted my supplemental claim form on Feb 7, 2020. I called Peggy, she says form received February 10, in the upload cue. While it's awaiting upload, are they also reviewing it? Or does review begin AFTER the upload is complete? I submitted it with all appropriate evidence (new and relevant, of course) which should be cut and dry - a positive DBQ from a VA facility, and an MRI reading from my private care doc. I know Google says 125 days (as does VA, obviously) but I've seen some people say as little as 10 working days. I don't even see the appeal on eBennies or VA.gov yet - is that normal? Thank you!0 votes4 answers
I have a couple of basic questions, I think I know the answer but want to make sure. On the form Box 13 states "If available, I would like HIGHER-LEVEL REVIEW conducted at the same office within the agency of original jurisdiction" Is it best to have the same office or go someplace else? I am request a EED on a BVA grant. The BVA granted my case on 7/2/2019 andf the RO assigned the effective date and percentages on 8/23/2019. Which date do I list for the for the date of the decision notice? I am thinking it would be 8/23/2019. They gave the effective date of 7/2/2019 the date of the BVA grant. The BVA said they were deciding the case denied on 3/2016. …0 votes27 answers
May 16, 2014 – December 17, 2019 VA sent you a claim decision on May 16, 2014 VA received your Notice of Disagreement on May 12, 2015 VA sent you a Statement of the Case on July 11, 2016 VA recieved your Form 9 on August 18, 2016 Your appeal was sent to the Board of Vete…0 votes3 answers
I get asked by Vets what VBMS looks like and what we can see. The truth is we can see quite a bit. We can see about a week ahead when your claim is getting ready to be granted. Often we can see the denial brewing by the little blue symbols that look like a judge's gavel beside important documents. Well, here's a peek at our new Windows 10 version that came out several weeks ago. Of course, I woke up January 15th and realized I had no idea how to get in. I had to call IT for help. VA contracts out to an outfit called the Enterprise Service Desk. The babe who answered had no idea what to do either. Nobody had briefed her in yet. I finally stumbled through it until I got in…0 votes6 answers
I opted into ramp (2018), and my claims were processed quickly (2019), all denied - Would the appropriate form attached move my claim along via RAMP though it has been discontinued, but started off in this process?? Can the form 10182 be used, or does it HAVE to be the 21-4138 attached at the back of the decision....reason being is because I think we may have royally screwed up, and we filed a 10182 - but my claim is moved to AMA anyways or??? My current appeal is docketed - but.....I'm just scared that the wrong form being used not only is dragging my claim along, but may be struck down for using the wrong form!!! I'm wanting to go to my VSO tomorrow …0 votes9 answers
Here's my timeline2014 denied quite a few claims2015 reopened the claims I was denied and was again denied due to never being notified of several c@p exams that I didn't attend due to not being notified2016 put in Nod appeal2018 changed from NOD appeal to RampJan 2019 denied all Ramp appealsFeb 2019 put in Nod for ama see a judge laneAMA Hearing scheduled Dec 2019So in my case the ama see a judge lane only took 10 months from NOD filed to hearing dateColor me impressed...I figured it would be 2 years.So......now what do I do lol????? DAV filed the ama NOD for me. Will one of them go with me to see the judge ala video conference?That seems to make sense to me but I have no…0 votes2 answers
Hello and thanks for reading. Please offer any opinions as to my going back to Supplemental Claim. Denied in Oct 2019 for Sinus Headaches sec. to Chronic Sinusitis. The VBA never looked at my private nexus but they did my private DBQ. Appealed for HLR but denial continued. EX-VSO dropped the ball on Conference Call. Will File Supplemental with new and material evidence as VARO never looked at my physicians’ nexus combined with DBQ. Any thoughts? From my private Drs IMO and DBQ0 votes6 answers
Several discussions about ITFs under the AMA process have cropped up in other forums. Today in talking about one it dawned on me I could find out a few things by simply starting to file under the AMA process. In short what I found is that ITF's do indeed exist under the AMA process for New Claims. The process also recognizes automatically if you have an existing ITF from before Feb 19, 2019. Attached are 5 screen caps on the process. Caps 1 and 5 related to filing a New Claim. The other 3 show what your options are depending on the date of the decision you are appealing. Read the fine print on Cap 5 concerning previous ITF's. Will this change? who know…0 votes1 answer
I have some questions before I submit my HLR. The document pointing out the errors is so far 38 pages long. Not because there are a ton of errors but that the same errors were repeated. For example they denied an increase for my left knee and right knee under seperate decisions. What I did was listed the left knee decision and pointed out they did not apply Deluca, Mitchell....etc. Then I listed the right knee decision and listed the same things,. I did it that way because I did not want to give them an excuse saying that I did not say I did not point an error out. For example I did not want them to say I pointed Deluca for the left knee and did not do so for …0 votes15 answers
Filed an AMA appeal with the BVA selecting evidence submission with no hearing in April, 2019. Looking for feedback on decision timelines0 votes6 answers
So on my threads about my first claim under AMA I stated I put this here to track time and the AMA process. My claim for Voiding Dysfunction was filed on May 8 2019 and closed June 16th 2019 (according to VA.GOV) so basically 36 days. I was denied, and will start writing my NOD. What is new besides the speed, is that on Ebenefits yesterday I noticed a new entry under my listed Disabilities. It will be good for others to start tracking this to see if this remains the standard. It was marked Pending Claims. Today after visiting VA.Gov and seeing my claim closed I went to Ebennies and looked under Disabilities and the DENIED claims are alr…0 votes19 answers
I have already been rated and receiving Disability benefits, but a few of my Disabilities have progressed and got worse and has me in more pain and is causing more loss of motion. Is there a way I can have it reviewed again and see if I'm eligible for an increase, or is that NOT POSSIBLE. Thank you.0 votes7 answers
I recently filed a claim to increase my service connected sinusitis, which is currently at 0%. My claim was filed 14 APR 2019, and was closed/denied 07 AUG 2019. Upon reviewing my files, the litany of evidence that I submitted to support my claim, which included records from my PCP and ENT showing were I had been to the doctor multiple occasions over the last two years, and where I was diagnosed with Chronic Sinusitis and Recurrent Acute Sinusitis just disappeared. I had also submitted a sworn statement from my fiance where she detailed my how many sinus infections per year I have experienced, along with describing my symptoms. Keep in mind that sinusits is rated b…0 votes16 answers
As mentioned earlier I was granted sc at 0% but this directly contradicts the VA rating schedule and other VA decisions for my injury. I am going to appeal for a higher rating and dont need to submit new evidence but am wondering if I can point out the error. I want to include a page detailing out why the dro decision is wrong. I know I am supposed to get an informal call from the HLR where I could state this but I would like it in writing. Do you think this would mess up my appeal?0 votes5 answers
I have claim in(filed April 2019) for increase in my service connected psoriatic arthritis of 4 joints. I just got x-ray reports preformed on February of 2018. I stupidly should have submitted these x-rays with the claim but this is the reality I'm in now. The x-rays support my claim for increase and show other joints involved. This information was not included in the claim. The claim is closed and waiting for the decision to arrive. Question is how should I send this information in if the claim returns unfavorable? I just don't understand the difference between an appeal or if you just send in the information. The x-rays were not submitted with the origi…0 votes7 answers
I was recently awarded an earlier effective date from 7/2/2019 back to 9/18/2015 for SA. I have already received one check but I do not believe it is enough, I believe it is a few thousand low. I got the check last week. I am also retired military, I should have been awarded some back pay because I went from 40% to 70% (40% is appx $700 per month). Will this come in a separate check or do I need to ask the VA for an audit on how they determined my retro pay? Or do I need to give it still more time for all the possible retro pay to come in? Also if I do ask for a audit for the retro pay which form do I request it on?0 votes3 answers
When a Higher Level Review is submitted does it show up on ebenefit or va.gov?0 votes11 answers
Hello again everyone. I am wondering if someone can help me understand what's going with my claim for PTSD/mst personal assault. So I am currently in a high level review appeal. My status on my appeal says va is correcting and error. Appeal received on 08/22/2019 Va appeal closed(temporarily) on 10/04/2019 Check back on 10/07/2019 Va made a new decision 10/04/2019 Va is correcting an error 10/04/2019 When I called Peggy they say to wait on a letter but did give me a little detail in regards to what the letter stated. It states something about a 5103 form and mst restricted report DOD. Can someone tell me what to think of it.0 votes2 answers
I wanted to pass on to everyone that Buck's wife broke her hip the other day, she is doing fine now. Buck will probably be off Hadit for a while as his wife recovers. Please keep Buck and his wife in your prayers.0 votes4 answers
I am one of those who checks VA.gov on a regular basis. I was looking at an appeal I have with the BVA. Here is what the first screen shows: The second screen shows: I have not received any BBE or the like, but does this mean they approved my appeal? I know these systems have been known to be wrong but I was wondering.0 votes42 answers
Good afternoon. I am waiting on my supplemental claim results from the VA. Nothing has updated in e-Benefits and on va.gov it the status shows that the VA has made a decision (under the status tab) and under the issues tab it says "currently on review - compensation issue". Has anyone seen this and know what it means? Many thanks! Heather0 votes6 answers
Hi all, I submitted a request to reconsider my initial disability claim and after not seeing much progress and worrying that I would not receive a decision before my 1-year mark, I decided to submit a supplemental claim. Here is my timeline: Initial claim decision received: 10/23/2018 Requested to reconsider/reopen denied issues: 12/31/2018 Submitted Supplemental claim: 4/24/2019 Received notification of both reopened claim and supplemental claim closed in the same letter on: 6/21/2019 I am confused because the decision letter I received does not address all of my claimed issues and has the following verbiage below saying that the appeals wil…0 votes20 answers
RAMP Claim just closed after open for over a year. Closed on a Saturday. Just curious how soon anyone saw updates within E benefits. I know with through initial claim process saw the updates almost simultaneous with closure.0 votes4 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.
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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