vern2

I can relate to 63sierra. After dealing with varying levels of VA competence and incompetence for 20 years, you realize that the staff that heads up the organization is only there temporarily, but we are permanently Veterans. There have been more broken promises than promises fulfilled. I personally think what Bob and Allison are doing is great, but they would not be in their current position if not for Veterans speaking up about real problems. I don't think he is biting the hand that feeds him, but instead is trying to help cut through the seemingly infinite red tape.

Basically chronic means long standing and continuity is continued chronic symptoms of the malady. Sometimes va uses the lack of treatment to try to overcome or rebut this rule but recent fed.circle.rulings overturned that theory. If your malady was chronic in service and it's still treated for today its chronic. Read 38cfr 3.303 (b) it explains in detail how to use this against the va. I used this after being out of service for over 30 years with no service treatment records on record and I won. If used correctly you can box va in where they have no choice but to award. Pay close attention to paragraph (3) of this rule. Also read Davidson v. Shinseki (fed.cir.Sept.14, 2009). This validates 38cfr 3.303 (b) Good Luck...

This is on eBenefits. Not sure if anyone has mentioned this or not.

A Rule by the Veterans Affairs Department on 09/25/2014
The Department of Veterans Affairs (VA) amends its adjudication regulations and the appeals regulations and rules of practice of the Board of Veterans' Appeals (Board) to require that all claims governed by VA's adjudication regulations be filed on standard forms prescribed by the Secretary, regardless of the type of claim or posture in which the claim arises.
Note: this applies to NOD as well as any type of appeal or claim. The emphasis is MUST be filed on the standard VA form. HATE THIS RULE! VA is still screwing with the vets as usual.

Vern2

This same thing happened to me some time ago. I sent some documentation to support my claim, but forgot and put the old po box 7000 address and my certified mail was forwarded to Newnan, Ga. Then I changed and am sending mail to po box 1437, at St. Pete. Not sure what this is about either?

OK, so went to my pc and created an instruction guide for uploading documents to eBenefits.

How to upload documents to eBenefits
Created 18 July 2014.

Requirements: Scanner, pc and Microsoft Office software.

Place document to be scanned face down on your flatbed scanner or scan feeder facedown. Select scan feature on the scanner software on your pc. Select monochrome text, unless you are scanning a photo- then select color photo option. This should automatically select the 200 x 200 dpi option on your scanner. This will scan the document as a jpeg file, which is one of the acceptable file formats that eBenefits will accept. Select save on the scanner software that is on your pc. Suggest you save to your desktop or some easily accessible file folder Hold your mouse over the selected icon for the scanned document, Right click to see options, choose open with MICROSOFT OFFICE. This will open as an M/S Office picture. Go to tool bar at top and open PICTURE option Scroll down to RESIZE. Click this option. Go to right side of screen and select custom width and height, the pc will automatically select 1024 x 768 pixels. Use this if just uploading one or two documents. Select OK. If uploading many pages, select preferred width and height from the options in # 12. Select WEB Large, 640 x 480 pixels then select OK. Then go to top, open file give this new document a name and save in a folder, either your desktop or create a new folder that is easily accessible. Note: when you save, it will display the default file name, change it to whatever you want and it will also display JPEG file interchange format. Then select OK. I hope this is not too confusing, but this works for me. Sorry if you are using an Apple device as no experience with them. I use M/S 10 and also have M/S 13 on my pc, and Brother MFCJ875DW scanner with a Brother HL 5370DW laser printer.

Experienced persons may load say 10-12 documents in the top feed scanner and do same thing, but make sure you check each page and give it a name and number. Always make sure that the scanned item is legible.
ONE LAST WORD, DO NOT TRUST EBENEFITS, ALWAYS SEND YOUR DOCUMENTS BY CERTIFIED MAIL AS WELLJ

Vern, aka Hamster ManJ

Military Nurse:
Intuitively, no. "Medical mistakes" are not an error on the part of the VA compensation. Cue must be based upon the evidence available AT THE TIME OF DECISION.
So, the rating specialist made no error relying upon the medical evidence available to him. It is the Veterans responsibility to timely appeal the decision within a year, even if this involves medical mistakes, errors in the C and P exam, etc.
The rating specialist weighs positive and negative evidence. If one medical report said the leg was broken, and another said it was not, the rating specialist chooses which medical professional to go with. The outcome is "debateable", since there is evidence for both sides. If the outcome is "debateable" it wont meet the "CUE" standard as "benefit of the doubt goes to the Vet" goes out the window with CUE.
However, if this decision was timely appealed, the Veteran would get "benefit of the doubt". The Cue standard of review would "kill" this hypothetical claim. Motto: Always appeal your claims in a timely manner.

Armyvet2010,

Thank you for your service.

Just my opinion and BLUF is tell the truth, explain what happen during service and how it has impacted/affected your life function since and the emotional challenges from the events of service on your daily living.

Several things to do or know b4 the exam

1. Download and fill out the DBQ for what you are claiming, ex; HTN, heart disease, ED.
2. See if can check out the doctors qualifications, is he/she board certified?
3. Hint: if not a specialist in what you are claiming, say heart disease, then you have grounds for a n appeal. Send the VARO a certified letter immediately after the exam stating that you did not receive a thorough and contemporanous exam since the exam was not conducted by a specialist in your condition.
4. Important thing to ask the examing doctor! Did you read/review my c-file before my appointment?
if the answer is no, or something like I have it but not reviewed it yet, then have still more grounds to claim flawed exam. Again, send that certified letter to VARO, stating that the examiner was not aware of your case history prior to the exam. You have grounds to appeal the denial of any benefit.
The claim will have to be remanded back if gets to VBA or CVACS.
5. It is the law that the above action must happen b4 the exam. EXCELLENT GROUNDS FOR AN APPEAL IF THE C&P EXAM IS UNFAVORABLE. I sent my letter and put the VA on notice. This was Oct 2013, and they ignored my letter, as usual. I will win on appeal.
Doctor did not conduct a thorough and contemporanous exam!
in my case, asked the doctor and he waived his hand a a stack of paperwork to indicate he had my claim, but he had never read or reviewed it!

Well, I just got my decision in the mail from the VBA and the results are 1 granted, 1denied, 2 Remanded. After over ten years my 2 are remanded and 1 denied. The 2012 clothing allowance that was denied was granted.
THE FIGHT CONTINUES!

I've been at this for 7 years (representing Vets), and I've never met many of my clients.

This can be a good thing - it typically means we got the case resolved through a telephonic DRO Conference (or without need for a hearing in the first place). This saves my clients money (the only costs our clients pay AFTER they win are travel costs and expert fees).

However, if my client has a DRO Conference or BVA hearing, I will be there in person and will meet my client. I also have told my attorneys that they are to contact every client we have at least 2 times a month - the first time to see how they are doing, and the second time to tell them what we have done in the claim.

Also, I wrote a FREE ebook that has the "8 Things Every Veteran Should Know Before Hiring An Attorney"....including 8 things you may not know about attorneys that represent Veterans, and a 25+ question checklist to make sure your attorney knows what the heck he/she is talking about.

Here's where to get a FREE Copy of "8 Things Every Veteran Should Know Before Hiring an Attorney."

Hey 63S, I just like the eagles butt, which is symbolic, as you stated, the nation (VA) turning its back on you. I always read your post. I was a 16F long time ago, M42 Duster.

I noticed I have 92 liked posts in 8 months is that a mistake? As I see people who have been here posting 8 years with slightly more. why is that?

A de novo review is not as it appears. When you submit N&M E during the appeals window following denial, your de novo review is done by the VA RVSR's boss-often a DRO. Therefore you are getting a de facto de novo decision without asking for a DRO review. A de novo review includes all the evidence filed previously and the new evidence you submit. VA is, by law required to view it in an entirely new light and give the appropriate balance of weight to the new evidence submitted in conjunction with the old evidence.. This produces a new decision (or denial) but as long as you do not go past the one year statute of limitations on filing the NOD, you can do it as many times as you wish. Your NOD must be filed within the requisite year or you lose your effective date of filing. You can disagree with a decision by filing new evidence in conjunction with 3.156(b) any time after the initial denial.

38 CFR 3.156(b) states:

(b) Pending claim. New and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board of Veterans Appeals without consideration in that decision in accordance with the provisions of § 20.1304(b)(1) of this chapter), will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period. (Authority: 38 U.S.C. 501) This is how I won my effective date all the way back to March 1994 in November (2013). VA fought me all the way to the CAVC before folding. a

It would be good if you could send all your evidence in with your NOD, but not necessary. Just get the NOD in on time. Then you can submit new evidence. You are into appeals and nothing is going to move fast. I usually send in a NOD including a request for a DRO Hearing, so I can get another shot at a BVA hearing down the road. I don't believe you need to use the VA NOD form. I might just download it and use it.

John

Hey, Vern, what you're experiencing with eBenefits is absolutely normal! There was a rater who was active on this forum and he described how the process works - basically, there is an electronic checklist within the system that eBenefits feeds off of that says whether or not a requested document has been received. The rater knows that he or she gets the docs, knows that they're in the C-file, so they don't bother to check off the checklist. You've done the absolute right thing: check via IRIS. That's really the only way to get an accurate look into what they hold and don't hold because someone at the RO goes and looks in your file to answer.

I've gotten claim decisions that list all kinds of documentation but eBenefits says they were requested and never received. It's one of the major flaws in the system, and it drives you nuts because you don't know whether to trust it or not.

eBenefits isn't really even understood within the RO anyway, so they may not even realize the amount of angst a simple handful of clicks might solve.

Meanwhile, really sorry to hear your claim is stuck. Really hope it frees up fast. My last one did - they suddenly farmed it out to another RO which closed the claim within literally a few days. Of course, I'm drafting the NOD now...but that's beside the point. Hang in there!

well i found out today by asking the right questions that im at 100% the rep told me what my monthly compensation had gone to and after that told me the award amount wasn't looking for him to do that now i was told that being at that percentage there are allot of things we are entitled to that we weren't at the average percentages its like a learning process thank you all for being here and helping me with your much needed info and all of your help and advice without which i wouldn't have been able to make it to here wanted to give it up along time ago but this is proof that if you keep pushing and fighting you will eventually succeed have a blessed day

The only "reconsiderations" we ever received were forced outcomes of Board or Court remands. My vote says NOD immediately, don't waste your time otherwise. I'd skip the VSO. If you don't feel you can do this alone, get a lawyer. It's worth the 20% of any retro they get to represent you. Chances are the VA keeps making the same mistakes repeatedly, so experienced lawyers in VA disability law have previously picked up on these same flaws and already know how to argue against them, assuming you have the evidence to support the arguments presented.

I definitely think there should be a criminal investigation. However, I think it should be an independent investigation. The Justice Dept. investigating the VA seems to me to be akin to the pot investigating the kettle.

The VA does get credit for a denpendecy EP 130- because there is an Award involved but it does NOT require a rating decision. The VA gets credit for all the work it does it is like T8r said, it is tracked under a specific traking code called an End Product (EP) with a 3 digit number following the EP.

This allows everyone to know what is going on with your case by lookin at the VOR report. This report list all pending EPs for all claims within certain dearch criteria. The report tells them your name, file number, how old the claim is, location of the claims file, and more.

At our RO we do not generally stop everything to send your file to the FOIA team for copying. Once all action is complete it goes, or once there is a break in waiting for evidence it goes. There is usually about a 4 to 6 month wait for copying files.As we go papaerless it will be easy to get copies as you will be able to print them yourself through eBenefits. (hopefully).

Do anybody know of doctors filling out the new DBQs for claims

If you had a chance to "air" your number one complaint about the VA what would it be?

1. Medical care?

2. Claim backlog wait time?

3. Total communication breakdown (no way to make your point)?

4. C&P lies?

5. Hamster wheel tactics and deny deny until they die? (my favorite)

CNN has opened the nations eyes over the medical scheduling crimes. Jeff Miller has said that "this is just the tip of the iceberg". CNN has a "Contact Us" link on their website.

This might be our big chance of get some national attention on some of the above items if this (Hadit) website could unite together and go forth in numbers.

However, sadly, this thread will die in less than three days. No messages will go forward to CNN. An opportunity to get some attention before the latest scandal blows over will be lost.

Slowlane

HOUSTON WE NO LONGER HAVE A PROBLEM! Great news, I woke up Saturday morning at 4:45 like I normally do every week day and went to use the bathroom. Checked my phone and there was an alert for a deposit from my bank. Bottomline….I received my retropay. From everything I had calculated I was only off by .88 cents so I am happy. Retired in 2009, working this appeal since Apr/May 2010 and finally it is done. So thankful….don't give up….never give up….best of luck to you guys…keep fighting!

Don't feel bad Vern,
I filed an NOD in Nov. 2012 & it has showed pending on E Benifits ever since I filed.
I get the same canned response when I send Iris requests. Its no fun playing in their
park when the game is rigged.
Bob K

". Start at the beginning and find the loose thread on the sweater. Keep tugging it until the sweater unravels. "

they will be cold and naked by the time im done with them. haha hiding thier pee pee