87 questions in this forum
I have a claim from 2/2019 and was granted some of it for my ear issues. We did an NOD for increased % for hearing loss and also ear infections, all ear related conditions. This NOD was received 12/17/2017. In April 19, I submitted a fully developed claim with a civilian ARNP ENT nexus statement (50% or greater caused by service), DBQ, and treatment records. All in my favor for what is now diagnosed meniers disease. With that claim I submitted a VA ent doctor diagnosis of meneirs and also currently being treated for it by the VA. After paperwork is received I then have a C&P exam approx 2 months after. Another ENT nurse practitioner, after her exam, tells me that she …0 votes17 answers
Figured I'd just help collectively add to the data here to help everyone gain a better view into how long the process takes. I submitted my Supplemental Claim to my VSO yesterday and received an email this morning that it was submitted to the VA and was given a VA confirmation number acknowledging it's receipt. I submitted a supplemental claim based on two contentions (voiding dysfunction and hypertension) that I felt were inadequate. Both received 0% ratings -- one due to omission of answers on my DBQ during my C&P exam that I saw the doctor select and save on their computer and the second was for a rating that I felt warranted the 10%. …0 votes20 answers
When you submit a written statement to support your compensation claim, it's called a "lay statement". There are specific things that you are considered competent to say about your claim. Symptoms, events, and emotions are some of the things you can describe. The VA has to consider what you say. When you give a statement - it's evidence. Why is that important? If you receive a rating decision and it says "there is no evidence that your disability began in service"... And, you gave a written statement that described how your condition started in service? VA got it wrong. This doesn't just apply to the people rating your claim. It applies to the doctors who write …0 votes11 answers
I filed for an EED for my SMC K on 6/11/2019 and it was approved on 7/3/2019. So far my cases seem to be moving fairly quickly.0 votes15 answers
Interesting little blip I discovered today and am wondering if anyone else has seen these same things under the AMA process. ----------------------- The situation: I just applied for a rating for Voiding Dysfunction as the VA said I had a possible claim when they granted my ED claim. The whole C&P was a joke and I suspect I will have to appeal based on the fact the Dr was not qualified among other reasons. However, the blip is that today I went to VA.gov to check the status. I do this to track how many days it takes to get to each stage. In the file today I noticed it had two closed requests so I went looking around. Both requests are ma…0 votes19 answers
I just wanted to share that sometimes we need to be a squeaky wheel to get our BVA cases moving. I had filed an appeal to the BVA October 2018 under the then RAMP program. I had also filed a FOIA request for my complete C-FIle. The FOIA request was completed mid March 2019, unfortunately the pending FOIA case had caused my appeal to fall out of processing (originally my appeal showed to be with a judge since 1/7/2019 with an estimated completion of 1 - 2 months) . I had called the BVA 800 number back in mid May wanting an update and at that time I was told my case was with FOIA. I informed them that the FOIA has already been completed in mid March and asked them to p…0 votes2 answers
I made the first post under the AMA forum about my 1st Claim under the AMA process. I put it up to track the dates and times things took I filed that post May 8 2019 the same day I filed the claim On May 17 I was emailed that VES was looking for a Doctor. on May 20th I found out my C&P was on May 24th On May 29th VA.GOV said estimated completion date was Oct 22, two days later it went to Oct 23rd. The next week VA posted they had sent a Request for Clarification. No change until this morning at 4 a.m. PST. The status went to Preparing for notification with a completion date of 17 June. Since I am OCD and have taken the good advi…0 votes4 answers
Hey All, This is posted just as information and to put a clock on the claim since the AMA process that started Feb 19, 2019. I don't believe AMA will affect this claim. I am also posting this so when I do get a decision I can come back here and review my thinking and rationalizations that I will list below. sorry it is so long. As a note anyone with an ED award secondary to PTSD, and who has any type of leaking, might consider a claim for Voiding Dysfunction or other related Genitourinary problem. I filed this claim today, May 8, 2019. This claim is a Secondary Claim suggested by an existing SC award for PTSD. In a 2018 Award for SMC (K), ED …0 votes16 answers
Anybody know if a Veteran opts into the RAMP and has filed an INT (Intent to File) Will VA Accept it just as if it were still in Legacy or traditional claims process? They don't erase a INT do they? if veteran is opt into RAMP...I REALIZE A Veteran can't opt back to Legacy once he opts into RAMP. Anybody know? ?0 votes15 answers
I will ask the first question in this new forum. I have just been granted a 30% rating for Vertigo from a 2018 claim. If this were a "normal" first claim I would fall under the AMA and have to NOD using one of these three lanes. My confusion comes from the following. In my original award fro 2013, the VA knew about the vertigo. They had sent me for a VNG (waterboarding through the ear) and an MRI for vertigo. I had two C&P's, one for PTSD and one for Hearing Loss. Both knew about the vertigo and tests. The award letter from 2013 did not mention vertigo or the tests even though they were in my file (or at least the ordering of the tests and notes that sa…0 votes10 answers
Another question about the AMA process. In 2018 I filed for SMC for ED. I was awarded 0% but SMC allowed. yippee. At that time the Award letter said I had a potential claim for Voiding Dysfunction if I choose to file for it. Since my other claims were tied up on the VA hamster wheel, I filed an Intent to File. AS I understand it since Feb 19 that Intent to File is gone? and my earlier date is done, meaning when I file for the Voiding Dysfunction my file date will be the earliest possible under the new AMA process? Is there a way around this to get an EED back to 2018?0 votes19 answers
What is it and does it replace RAMP?0 votes1 answer
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