All Activity

I know this post is old but I happen to run across this during my research. @john999 I also have Karl as my attorney and would love to hear about your experiences with the firm. I’m heading to the BVA for a hearing and retained him last year. So far communications are excellent and no problems there. Just like to hear any success stories and hope you got everything you deserved. Thanks for taking your time to reply if you can.

Yes, medical records, service treatment records, all having to be new and/or relevant-basically the same stuff that you send with any claim.

Dr. Anaise is working on a Nexus Letter to appeal my denial in December 2023. Do I need to submit any other documents with the Nexus letter?

Thank you. I am gathering information from his case and from credible sources as suggested and writing a comprehensive report/argument. Thank you. I appreciate your service. Vietnam/Iraqi Vet

Hello Broncovet I received info via email from BVA. The Claim was remanded from BVA to VARO with instructions, VARO requested QTC Medical services to review my records. VARO received info from QTC and denied all remands and returned to BVA. BVA notified me by email, all remanded items are granted and I would receive the decision via mail soon. No percentage info of any kind. or EDD, I am not sure if the VARO or BVA will do this.

Hello Vync Sorry, after review it was a Legacy appeal.

It would take a complete review of the file to know for sure, but this sounds like "just one more" bogus denial to me. VA often denies for bogus reasons. Please Allow an example: The US Supreme Court Justice, Roberts, was "suprised" to hear that the VA persues claims "against the Veteran" (from a legal perspective) that are "substantially unjustified" way more than half the time.. I will explain. At the CAVC (Court of Veterans Claims) level of appeal, Veterans are often represented by an attorney. And, if the Veteran wins, or even gets a remand, the EAJA pays the VEterans attorney fees "if the VA took a position against the Veteran that was substantially unjustified". This is most of the time! Frankly, a Veteran can send a law firm a BVA decision and, if the law firm discovers an error (often) they will take the case "with no out of pocket money from the Veteran ever" because they know the VA often takes a "substantially unjustifed" (aka bogus) position agains the Veteran. The reason the VA does this is "because they can" and because it often works. It works because many/most Vets dont appeal. And, even among those WHO DO APPEAL, the VA delays it so long the VEteran often dies, or gets so sick he can no longer continue, or just plain gets frustrated and gives up. Even when VA loses, They win. Why? because the VA has just gotten a 0 percent interest loan on the money. I wish I could borrow money at zero percent interest! My advice is you probably need to appeal. To appeal you begin by filing a Notice of disagreement. https://www.va.gov/find-forms/about-form-20-0998/

Congratulations! Where did you receive this notice "online"? Did your VSO/attorney send you an email? Did you find it on ebenefits/va.gov? The procedure is that the BVA grants the remand (Im assuming this was remanded to the BVA from the CAVC), and then the VARO "implements" the BVA remand with a disability percentage and effective date. This can take about 2 to 6 more months, but it can be quicker or slower than that. If you are not already set up for payments to be electronically deposited to your checking account, this would be a good time to arrange that. (One of my BVA grants was implemented in just 2 weeks.).

Hello Vync No legacy

I requested a copy of my husband's rating decision code sheet. Is it a moot point if they state the following: The veteran that was entitled to SMC, was only entitled to it for one day and is applying Omnibus, no additional benefits are actually payable.

@Spaceace1954 Congratulations! That's a step in the right direction. By chance, was yours a legacy appeal?

Hello PacmanX1 Thanks for the info I will be looking forward to see the answer. Its only been 5 yrs. so a few more months should be a breeze, lol

Once the BVA grants service connection it can be returned to the regional office or the DROC-DC or even the intake center. You should get your notification letter from the BVA in a few weeks to a few months and you should get your official notification letter rating your disabilities and effective dates and any retroactive pay due. Pay close attention to both of these in each disability. If you disagree with anything you are going to have to file a new appeal.

Hello all I just received notice online that my 4 remands that the VARO denied after QTC records review and then returned to BVA were all approved by the BVA today. Who awards the percentage for these claims? Currently nothing showing in ebenefits. Thanks for any info.

Keep in mind that the call center people (800-827-1000) are not cleared to see your whole claim- there are limits to the information they can provide, and they aren't trained to work on claims so there are big pieces of the process that they legitimately wouldn't know. They can read our notes, input noters for us, and provide directions to the correct places to call/talk to, and discuss things like what form(s) you need for whatever action. There is a separate avenue for information called VERA which has RO personnel that work within it- they can get a lot more hands-on with somethings. Google VERA and you should find the page to set up an appointment via phone or in person if you ever need to.

Thanks a bunch guys, I was trying to do this on the computer and getting nowhere. In the middle of throwing things and filling the swear jar I got a call from vet services. Unknown to me my VSO on April 17th had applied for a increase for my PTSD, which had just increased from 50-70%. a few months ago. Anyway I have a P&T appointment May 2nd, lightening quick. I called the 800 number and a few minutes on the phone with a nice lady and everything is taken care of. I will put them on speed dial. Thanks again

IMHO, you can fill out the form yourself and send it into the VA. Make sure that you note on the form that the company or agency went out of business. You can use block 14A and block 22. This way the VA won't take forever to begin to process your claim. Not sure how long the VA will wait but by having this form submitted, it should tell the VA that there is no need to wait because the business no longer exists. There is no need to sign and date the form, just make sure you keep copies of it or them. This is what I did, and the VA awarded me two separate retroactive effective dates. I filled the form out as going to the company and then going to the VA.

You can just upload a 4138 or call in to the National Call center (800-827-1000) and tell them. There shouldn't have been a request for it, anyway- if you haven't worked since 1999 its irrelevant. In any case, a claim cannot be denied solely on the lack of returned 4192's, we receive far fewer back than are sent.

Greetings, long time since I been here. Sitting with 90% disability and filed for TDIU through state of Florida VSO. I am unable to get an appointment with VSO for a month. VA told me to send a VA 21-4192 to my former employee. I have not worked for them since 1999 and they have went out of business, I worked in the same place from 1971 to 1999 but for different companys. I am guessing I need to notify the VA of this but how exactly do I notify them? I do not see a chat button or form to fill out. Any input, suggestions or wise cracks appreciated. Jim Semper Fi

Unfortunately, by law, a rater determines what is “enough” or “adequate” or “complete”. Partly why I’m not a rater; 1. I don’t want the drama, 2. I’m better at finding the bread crumbs as a researcher. I’d rather help build as strong a case as I can by mining “your” records- you’d be surprised what’s in there, however subtle, that I can usually add to your already submitted evidence that was overlooked or deemed inconsequential by someone.

Lawyer says they are claiming the last DBQ did not state enough "evidence". Plenty was stated, so not sure what else they think they need. Lawyer did get my appointment changed from in person with a doc with seriously bad reviews to a much better (for me) video appointment with a doc who has much better reviews. I don't know yet what his plans are but he is trying to get the request dropped or at least limited in scope. (thru VA) Considering his over 10 years experience and (according to his website) over $100,000,000 won for vets, I guess he has the experience to know what he is doing. Whatever happens, I will push thru the next DBQ. If I have to go back to the judge, so be it. There are days I want to quit and block it out of my mind. Guess this old corpsman just doesn't know how to quit, or lose without a fight.

I got mine free at a gate to one of the National Parks on a trip through them with my grandchildren the year before COVID by just showing my VA ID. Good for the whole vehicle which was a motor home then. Teton, Yellowstone, the Monuments, Devils Tower, Rushmore, and more.

The Park one cost $10 for a lifetime card. I just got one.

instead of focusing so much on the DBQ you need to have your lawyer look at the exam request itself because within that is the question or questions that are being asked by the rater, which would then be the driver for the new C&P exam. The DBQ‘s may look to be complete, but I see DBQ‘s sometimes that are full of all kinds of things written down as rationale, or citations for medical documents or reports or studies, and other things, but none of it actually addresses what was asked. Kind of like those term papers you write in college every now and then after you’ve had a bad weekend and there’s something due on Monday. You throw literally everything you can add to it and hope that the instructor gets lost in the details without seeing the whole picture, and the simplicity of what was actually being asked. I see this a lot with the swampy type of lawyer firms that basically upfront promise to increase your rating by X etc., etc. and then the documentation that they provide to the ratings people is full of all sorts of legalese and half theories and generally rubberstamp opinions from examiners that they have agreements with or relationships with, but none of it necessarily matches up completely with your service treatment records or your personnel records. The opinions being made are not supported with a decent rationale or citation of the medical records as to why that opinion is being made by the examiner, it just sort of comes out of nowhere.

The VA is required to maximize your benefits. For example, you file a claim for SC neuropathy on you right leg. In the process the VA find out that you have a back a SC back issue that is causing the neuropathy. The VA has a duty to maximize your benefits by seeing if you back condition is. 1. service connected. 2. If so, do the need to SC the condition as secondary to your back and rate the back.