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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.

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you may find this post helpful


A Guideline for your VA compensation and pension exam

 

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:

1.  Undebatable.

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:
...

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

https://secure.login.gov/sign_up/enter_email

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

 

 

I’m a gulf war veteran that was exposed to particular matter during military service in southwest Asia under the new pact act. My exposure in the golf war area is acknowledged by the VA and I am considered a veteran exposed to particulate matter in the new presumptive list has melanoma and any head face or neck cancers listed as presumptive conditions. I had a melanomas and a basal cell carcinoma removed from my right and left for head’s. The melanomas removed in 2013 and the basal cell carcinoma was removed in 2009. The VA has denied me service connection for the scars associated to these two cancers their reasoning for the denial is they requested an examination with medical opinion based on toxic exposure, they do acknowledge that there’s evidence that shows participation in toxic exposure. However, the medical opinion by the examiner does not show an association between my claim disability and in-service toxic exposure.

My frustration is I believe that a presumptive condition is supposed to be automatic approval, so I’m confused why they denied this claim and what should I do, when I appeal this should I go directly to the BVA or do a supplemental appeal?

I’ve been down this road before and here in Florida. It appears the supplemental appeals rarely get approved. It is if they just follow the local levels decision I have had better success at the board of veteran appeals , thoughts, ideas and recommendations are appreciated. Attached is the VA’s denial letter.

Rattle

i struggle with bipolar 2 panic attacks, ocd, social anxiety disorder. Yes I have found a counselor outside the Va because quite honestly I don’t trust the Va. He has thirty years of experience. We plan to go twice a month and I was thinking 2 independent sessions per month. Thank you for your input and am glad that you are able to work your demons out. My stuff began when I was in the service from the service stressors. For the last 19 years I have couped in unhealthy ways. This divorce or separation has been a real eye opener.

I could have done an internet search. I did, using this keyword phrase "VA exam request processing no longer needed" and from that I found dozens of hits, some old ones on Hadit too.  It's been answered a hundred times over.

I think what best describes this status is that it is an internal marker in the claims process.

I'll quote the comment I found on the PEB forum:

"I don't know if you can see this in eBenefits, but "Request for Examination" is used as an internal tracking device at the RO where I work. We use this when it is necessary for an RVSR to review a claim to see if any exams need to be ordered."

So, it seems this internal tracker is a consequence of VA trying to reduce excessive costs of unnecessary C&P exams (2018).  It's like a page in the claim that logs the pre-exam review that is required prior to ordering a C&P exam. 

 

See this link for context:

https://www.va.gov/oig/pubs/VAOIG-17-04966-201.pdf

 

If the status says "Exam request processing, no longer needed" it is just an indication of who has the claim in the claims process. 

To quote another comment on another forum:

"When we look at ebenefits we see those nice status boxes going from left to right and expect it to be like a production line...Its not like that.  The status is determined by who has it and how they have checked it in... The status has more to do with WHO HAS IT and not HOW CLOSE AM I TO BEING DONE."  

 

And with these quotes it helps to understand the tasks of a VSR and a RVSR.

A screenshot of VA's "Careers at VBA":


 

As always, the proof of having to go to a C&P exam is in a physical letter or phone call you receive stating the need for a C&P exam. You can't rely on VA.gov or eBenefits to be up to speed on this. This appears to be the consensus, and after exploring all of the above I have to agree.

So, am I being scheduled for a C&P exam?  I don't know yet.

 

 

Have you ever heard of a regulatory or procedural review?

A "procedural review," as indicated in your electronic records and eBenefits, is generally associated with an internal review of a claims file to ensure a claim was processed correctly. When VA initiates certain actions, a three digit code is assigned to the action and is entered into the computer for tracking purposes. Since the three digit code has been entered into the computer system, it looks like a new claim has been established in eBenefits. We apologize for any concern this matter may have caused you.

I'm below 6.0 so I'm good.

Proposed Cuts to VA Disability Benefits

CBO's Options for Reducing the Deficit 2023 -2032


Option 10 —Means-Test VA Disability Compensation for Veterans With Higher Income

Option 15 —End VA’s Individual Unemployability Payments to Disabled Veterans at the Full Retirement Age for Social Security

Option 16 — Reduce VA’s Disability Benefits for Veterans Who Are Older Than the Full Retirement Age for Social Security

Option 17 — Narrow Eligibility for VA’s Disability Compensation by Excluding Veterans With Low Disability Ratings

Option 44 — Revenues Include VA’s Disability Payments in Taxable Income

Read the Full Article


 

Glossary, Abbreviations, Acronyms, Terms and the like in VA Claims

Eligibility for SMC-T requires that the Veteran be in need of nursing home care, residential institutional care without in-home aid and attendance services, or even hospitalization for their TBI.Jun 26, 2022 Hill and Ponton

Special Monthly Compensation S (Housebound)

How To Edit A Post