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kanewnut last won the day on July 7

kanewnut had the most liked content!

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60 Excellent

About kanewnut

  • Rank
    E-5 Petty Officer 2nd Class
  • Birthday October 6

Profile Information

  • Military Rank
    E5 Sergeant
  • Location
    Fort Bragg, NC

Previous Fields

  • Service Connected Disability
  • Branch of Service
  • Hobby
    fishing, riding my scooter

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  1. I got my letter from Tri-West for acupuncture appointments after I had already finished all of them. They took over two months. Try-West is really on the ball.
  2. This is what I received from my IRIS inquiry. They just treated it as correspondence and weren't going to notify me or anything. This doesn't mention VA form 526ez, which a call to Peggy is what they told me I had to use. As usual nobody knows what is going on. This is in response to your inquiry to the Department of Veterans Affairs (VA) dated November 8, 2019. We appreciate the sacrifice and service of our nations Veteran’s. We apologize for the delay in responding to your inquiry. We are currently experiencing a large volume of inquiries and are working as quickly as possible to respond to each in a timely manner. We also show you submitted another inquiry 191122-000931, and 191122-000943. We will address your concerns in this inquiry response. We did not receive a claim form from you on or about August 20, 2019. A review of our electronic records indicates that on August 26, 2019, we received sixteen pages of correspondence from you explaining you feel that there was a clear and unmistakable (CUE) in a prior decision. We show the regional office (RO) mailed you VA updated its regulations to require the use of standard claim and appeal forms. Requiring the use of standard forms enables Veterans and their survivors to clearly state what benefits they are seeking. This reduces the potential for claim processing delays and enables VA to more efficiently deliver benefits. In general, if you do not agree with decision, you should write and tell us why by submitting one of the forms described below. Appeals Modernization Act (AMA) Beginning February 19, 2019, VA will review decisions (appeals) in accordance with the new Appeals Modernization Act (AMA). After February 19, 2019, VA will no longer accept VA Form 21-0958, Notice of Disagreement, or requests for reconsideration. What are the new options for review? (VA Form 20-0998, Your Rights To Seek Further Review Of Our Decision) You have three options for review: Option 1: Higher-level Review (VA Form 20-0996, Decision Review Request: Higher-Level Review) Your claim is reviewed by a more senior claims adjudicator and involves: •A higher-level de novo review (new look) of the decision •No submission of new evidence allowed •The possibility of overturning the decision based on: •A difference of opinion •A clear and unmistakable error The reviewer, who identifies or learns of a duty to assist error, can return the claim to the regional office for correction. You or your representative can request an informal phone call to identify specific issues. Option 2: A Supplemental Claim Lane (VA Form 20-0995, Decision Review Request: Supplemental Claim) You can submit or identify new and relevant evidence to support your claim. VA will provide assistance in developing the evidence. Option 3: Appeal Lane for Appeals to the Board (VA Form 10182, Decision Review Request: Board Appeal (Notice Of Disagreement)) This option allows you to appeal directly to the Board of Veterans’ Appeals. You can choose between three options: •Direct review: You have no new evidence and do not want a hearing. •Evidence submission: You have new evidence, but do not want a hearing. •Hearing: You have new evidence and want to testify before a Veterans Law Judge. For additional information, please visit https://benefits.va.gov/benefits/appeals.asp We have also attached a fact sheet and brochure with additional information. Please submit your VA Form to the intake center location provided below. Copies of all forms noted above have been attached to this reply for your convenience; however, you may also print additional copies from the following web site: http://www.va.gov/vaforms/. It may be beneficial for you to contact your Veteran Service Organization (VSO): Disabled American Veterans (DAV). The VSO are not part of VA. The VSO are recognized national and state organizations that help Veterans and their dependents and survivors with their claims. These services are provided without charge. The VSO can help you with questions about your claim. You may find contact information for the DAV online at: https://www.dav.org/contact-us/ Thank you for contacting us. If you have questions or need additional help with the information in our reply, please see our other contact information below. Sincerely yours, J. Billington National IRIS Response Center Manager jes Enclosures: VA Form 10182 VA Form 20-0995 VA Form 20-0996 VA Form 20-0998 Appeals Modernization Fact Sheet How to Contact VA: Online: www.va.gov www.ebenefits.va.gov By phone: (800) 827-1000 (844) MyVA311 (698-2311) Telecommunications Device for the Deaf (TDD) 711 By fax: Toll Free: (844) 531-7818 Local: (248) 524-4260 When submitting all claims: U.S. Department of Veterans Affairs Intake Center PO Box 5235 Janesville, WI 53547-5235
  3. I hate, absolutely HATE dealing with the VA. I called Peggy - 1-800-827-1000. The help was as useless as tits on a boar hog. The lady at first said I had a CUE. After talking with her supervisor she said it was old for filing a CUE on. It was suggested I file a supplemental claim or an HLR or take it directly to the board. I told her to go ahead and mail me these forms. I asked about the CUE I had already filed several weeks ago. She told me that if it was not filed on form 21-526EZ they would treat it as correspondence. I asked were the regulation was stating this form was necessary. She didn't know. But I could look it up myself at VA.GOV. She said it is in CFR 38. So far I don't see anything in CFR 38 talking about a particular form. I put in an IRIS inquiry to see where this information is. The VA is bound and determined to fight me to the bitter end.
  4. This is the lated CUE I am filing. The Roanoke VA closed my appeal before the one year period was up. Any suggestions are greatly appreciated. 2019-11-15 CUE for Date Error Redacted for Hadit.pdf
  5. I have received the receipt from USPS for my CUE that I sent to VA. This was back on 20 August. I have looked on VA.GOV and I don't see anything about it. Shouldn't I have received something by now. It looks as though they are trying to totally ignore me.
  6. I think that is much better.
  7. This is a claim for CUE, Clear and Unmistakable Error, under provisions of 38 U.S.C. 1111 and 38 CFR 4.6. Shouldn't this be CUE under 38 CFR 5109A and they violated 38 U.S.C. 1111 and 38 CFR 4.6.
  8. JMO but I wouldn't think he would get in trouble because you didn't press charges. I don't think they can see what you submit to the Va, but I don't know for sure.
  9. I would think they will have access to it. Did you tell them which VA? Your wife should write up a letter with a lot of detail about this. If you can find any receipts, send copies of those.
  10. With who? You decided to not press charges. The VA needs to know he has a problem. I found it funny that you blacked out your age but left DOB.
  11. I have neck issues and also have right shoulder and arm issues that are secondary to it. You just need the doctor to say as much.
  12. You could submit a claim. Do you have a doctor that will say this is likely caused by the DJD? If your doctor says it is connected you could submit a claim. If your doctor doesn't say it is so then your opinion won't matter much.
  13. I’m on a “Mission from God” to help Veterans (to plagiarize John Belushi). I love it. This has really made my day!
  14. I think you need a doctor to say they are caused by the PTSD.
  15. Can't you now file another or more supplemental claims with the new/additional evidence?
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