Fat

The Board of Veterans’ Appeals has learned that a limited number of Veterans may have had their Board Appeal forms (VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement)) mistakenly rejected for being untimely.  Out of an abundance of caution, the Board is sending out a wide notice to help ensure no other Veterans were impacted by this.  If you filed a VA Form 10182 with the Board between February 19, 2019, and March 23, 2021, and believe it may have been improperly rejected as untimely, please send a letter to the “Clerk of the Board” at P.O. Box 27063, Washington, DC 20038 or via fax to 1-844-678-8979 no later than March 1, 2022.  In your letter, state you are asking the Board to “RECALCULATE TIMELINESS” and be careful to include the Veteran’s full name, claim number or SSN, the date of the rating decision you appealed to the Board, and the date of your original VA Form 10182 appeal form that the Board told you was untimely.
Board of Veterans' Appeals (va.gov)

Good Luck 1454th Solider.
 
Just make sure you understand the claimed disability requirements.
If you meet the rating criteria for increase, full steam ahead.
Medical evidence is the key.
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Well I attached the 2017 memo for you in case you need it.  I used it as supplemental evidence when they tried that weight gain crap...and it ended their argument claim granted.  You actually want them to go ahead and make the weight gain argument so once you present the memo they can't make something else up....unfortunately its a game to them  
VAOPGCPREC1-2017.pdf

They tried to use the weight gain tactic against me when I filed claims for knees and back secondary to my already service connected pes planus and right ankle. The bad part is that when I originally filed the claims back in 2010 and had c&p exams in 2011, I was at my normal weight and not overweight at all. The claims were denied, went through the appeals process, and ultimately languished at the BVA and by the time the BVA remanded my claim back to the RO and I ended up getting new exams in 2017 or 2018 I had gained weight. The examiner blamed my age and weight on my knees and back issues. When I filed the claims I was 35 or 36 years old and at a healthy weight. 
I ultimately ended up having the claims granted and received a huge backpay.  

GZ1 Welcome to Hadit. People get a little mixed up on the title "secondary conditions." If you have a VA granted disability, that is a primary condition. If you also submit and get granted an additional disability because your original disability has caused or made worse the new one, that would be called a secondary to the original. For example, you get service-connected (s-c) for headaches and awarded 10%. However, the aspirin and NSAIDs you take cause stomach problems resulting in GERD. GERD would be secondary to the headaches at 30%. So the secondary is a higher rating than the primary. Happens all the time. Once granted, you should forget about the title secondary; you now have two disabilities. And, once granted. a secondary condition can lead to its own secondary conditions. To continue, you then may develop a MH condition such as depression or anxiety because your GERD impacts your work and/or interactions in social life. You need to develop your claim with strong evidence with a nexus that the SA is caused by your respiratory issues already approved. You doc has to provide technical/medical articles/studies that show the link IMHO.

You are close.  Caluza vs Brown was a  CAVC (Court of Veterans Claims) (which also went to federal circuit) case which established it takes all 3 of these to establish Service connection. 
1.  Current diagnosis. 
2.  In service event or aggravation.
3.  Nexus, or doctor statement that your condition is at least as likely as not due to an in service event, or that your current condition was aggravated by an in service event.  
Caluza vs Brown is often cited by other Veterans law cases establishing facts, above.  
     Currently if you get the Caluza elements, you get SC.  DBQ's may be helpfull in establishing SC, or in documenting symptoms.  
 VA has an order of things:
1.  First, establish (or deny) SC.  If not SC, its not neccessary to contunue further steps. 
2.  Determine disability percentage based on symptoms.  
3.  Establish effective date.  
      IMO's, or IME's are needed only when there is no current diagnosis or the nexus is insufficient or lacking.  

I'm hopeful for the 6.1%.
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McRay good information.
The pandemic has caused a multitude of issues including responsible childcare.
If telework is an option, its still complicated by parents not having available child care.
Parenting is about managing responsibility,  however its hard when daycares and afterschool care were closed.
I'm hopeful with the government, schools, and local municipalities fully reopening, that will relieve the burdens.
I am still of the opinion hiring more attorneys will severely dent the problem.
Offer three year contracts and have them trained within 5-6 months with strong basic knowledge.
 
The bonus is they are familiar with general law.
They then only need to learn VA law as it relates to the M-21 manuel.
I think it could work.
Throw manpower and extra money at the problem until the back log is cleared.
 
Just my opinion.
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Correct, Fat.  As an example, you may have injured your knee is service, but it really did not start giving problems until 2019.  
As always, the effective date is the later of the claim date or facts found.   So, in this example,  if your knee issue "had no symptoms" from 2003 to 2019, your effective date for 10 percent would be 2019.  You dont get paid for "asymptomatic" injuries.  In other words, if your knee causes no problems, for the period 2003-2019, expect the VA not to pay you for that period.  
There is something called a "Fenderson" aka staged rating.  This often happens when its a long period until VA approves you.  
A staged rating may look something like this:
a. 2003- 2008 knee issue 0 percent. 
b.  2008-2012. knee issue 10 percent.
c.  2012-2019 knee issue 30 percent.  etc...
    (all of the above would need to be consistent with what your doctor describes your symptoms, and how that meets criteria under the rating criteria).  In other words your knee could have gotten worse over time, and ran through several rating criteria, resulting in a staged rating, as above.  

We are often given bad advice on our VA disability claims, by VA employees, VSO's, or even well meaning hadit members.  However, if a hadit member posts bad advice, mostly others challenge it, and even correct it.  This rarely happens with VA employees or VSO's advice.  
Here are my top 10 bad advice statements: (Dont make these mistakes)
1.  If you apply for an increase, you will be decreased instead.  Its actually difficult for VA to reduce you, especially if you refuse to roll over and allow them to do it. 
Source: 38 CFR 3.344
2.  "Wait" until issue "A" is completed until you apply for "issue B".  This costs Veterans retro.  Your effective date cant be earlier than the date you applied.  (Exception:  If you apply for benefits within a year of discharge, you can get an effective date back to your date of discharge)
3.  Ignore letters VA sends you.  They often contain deadlines for additional evidence, or other deadlines.  Keep VA up to date on your address, you may not get letters you need to have!  
4.  Solely relying upon information a VA employee or VSO tells you, especially if it smells fishy.  If you smell fish, chances are good there is a dead fish nearby.  Give the advice the "smell test".  
5.  Solely relying upon information "you were told".  I cringe whenever I hear "I was told...."  Usually, this precedes bad information.  Check this information on hadit, review the CFR's to see if its consistent, or check the VBM (Veterans Benefit Manual) instead.  Remember, neither VA employees (nor  VSOs)  nor politicians keep promises 100 percent of the time.  VA will not hold accountable an employee who gives you bad advice.  
6.  Not reading your decision.  Bad idea.  How do you know whether or not to appeal it?  
7.  Not reading or knowing whats in your cfile, and guessing instead.  What did your doctor say?  Did he WRITE DOWN what he said in his office?  Find out and read it.  Its your claim. 
8.  "NOT" enlisting the services of a professional (lawyer or claims agent) when necessary.  For example if the retro potential is large, or your claim is complex.  Your bias against attorneys can often cost you money.   Hiring an attorney "does not" always cost you money.  In fact, it should never cost you money...you should get more, much more, with an attorney than without him.  While there are many circumstances when an attorney is not necessary, such as your initial claim, when you dispute the decision you got, its a great time to consider your options as far as a representative goes.  Not all Veterans have the resources or skills to do their own claim.  Did you know that some law firms will "up front" the costs of an IMO in order to win your claim (especially when the Vet can not afford an IMO).  Incredibly, there are many "Pro Bono" law firms (such as NVLSP) which do not charge Veterans for their services.  Also, EAJA (Equal access to Justice Act) pays many/most Vets attorney fees at the CAVC level). 
9.  Poor reasearch/no research.  Chances are great other Vets have had a similar issue before, and its already been decided by the BVA or CAVC.  You can check to see what happened to them so that you either dont make the same mistake as they did, or you can do it the way they did and succeed.  
10.   Giving up too soon.  If you truly feel that you deserve the benefit sought, there is a great time to give up:  NEVER!  Persistence often pays off when giving up does not.   

You have it about right, but its a bit more complicated than "just" the date you FIRST filed.  The general rule is that your effective date is the later of "facts found" or the claim date.  
What date did your doctor say you became disabled?  
Often the VA uses the date of the c and p exam, which is almost always incorrect.  After all, were you healthy until you went to a c and p exam and then got disabled during the c and p exam?  Highly unlikely.  
But..Gracie..(I love that name..we had a dog named gracie)..there is no Santa Claus, and VA would rather send all their VA executives to the dentist for a root canal with no pain meds than grant eed's on HLR.  
You are gonna have to appeal again to the BVA, this time.  I would have recommended skipping HLR the chances of approval are so low as to not be worth it.  
If you are pro se, you need to do some serious research and reading to win at the BVA.  Ditto if you have a VSO.  Since we are talking about 15 years retro, VA is gonna fight you tooth and nail, so be prepared for battle.  
Begin with reading the effective date regulations, and check to see which of these You think applies to you.  
Now, you cited 38 CFR 3.156 C which is "new SERVICE RECORDS" which is not the same as 38 CFR 3.156 B, new evidence.  
The difference between new service records and new evidence (other than military service) can be huge.  
 

'I'D SEE A SPECIALIST and have him to read your medical records  and examine you and ask him to give his medical opinion  to what caused this back injury  and he needs to state I have read this veterans medical records and examine him, it is my medical opinion this veterans back injury is likely as not  incurred while he was in the military, describe the event in question (what happened that caused your injury)     ect,,ect,,
This should be a fairly easy to prove if this back injury happen to you while in the military  or LOD 
Then you reinjured  your back while you were deployed    they should be a medical record on this  you need to get these records.
You should be able to keep your date  the date you first filed  especially if you filed for this Injury  one year from your discharge   thats all in your favor.
Dig up your service records. request your C-file...if you don't want to work your own claim  Hire a Experience level headed VSO  or VA EXPERINCE Attorney   now that you been denied  you can hire an Attorney/VA Claims Accredith Claims Agent.
It could be possible your attorney fees will be paid by the VA..  Elder member and hadit Mod ,BRONCOVET can chime in on that  he knows how the veteran can get his attorney fees paid by the VA.
IF AND WHEN YOUR SERVICE CONNECTED AND GIVEN A RATING , YOU STAND TO RECEIVE A HEFTY AMOUNT OF BACK RETRO PAYMENT. 
Get on this ASAP.

Since you are service connected and interested in filing for an increase in your rating percentage and filing a new claim then you can use the VA form 21-526EZ. Just make sure that you submit a copy of your medical records that supports your claim. If you are claim secondary issues/claim you are going to need a medical opinion that links or connects your new claim(s) to you already service-connected conditions. 

mb76 You need a current diagnosis and a statement from the audiologist saying that the disability originated from trauma that occurred while you were in the service. You don't have to have a hearing loss along with your tinnitus; they are separate disabilities. However, now days, it is very difficult to have a rating higher than 0% for hearing, as the standards for disability are quite high (severe.) IMHO, the majority of veterans that file both will get the tinnitus at 10% but be only 0% for the hearing loss. Get the diagnosis from you own doc, then you should have a "buddy letter" form 21-10210, describing what action caused your tinnitus. If you can get someone to also submit another buddy letter, maybe  a battle buddy or family member or close friend that can attest that you showed the symptoms during or shortly after your service time, that will go a long way. Unless you really have a severe hearing loss, I wouldn't appeal hearing. Also, start getting evidence on your headaches; get a current diagnosis  and get meds from your doc. Start keeping records/log for frequency, duration  and serverity of them. I wouldn't submit as secondary NOW to your supplemental claim for tinnitus, but build a case for after your appeal. Build evidence; you can use Migraine Buddy app if you want; I just kept a paper log for 3 months. You may be able to get a disability later for that. If it is messing with your mental health, like causing anxiety or depression because you feel isolated because it interfers with your group participation, hearing issues in crowds etc., that can result in another secondary. If you can get a doc to prescribe some medications for the tinnitus, that could also help (doesn't happen a lot.) So, as you see over and over you need 3 things for a successful claim. 1) a current diagnosis, 2)an event or injury in service (I assume your str's do not mention anything on your tinnitus. If you did, request a copy of them.) and 3) a nexus or connection between the first two.  Your diagnosis and comments from your doc and your buddy letters.  Good luck.

If you got knocked out and it's in your records, you have a TBI claim.  Once my TBI claim was established, they automatically sent me to a C&P for headaches.  I got 10% without much evidence.  TBI is not an easy claim.  It would help if your Neurologist would link your headaches to your TBI incident.  I had an MD and a Psyc. Dr. do an initial assessment for TBI to get my claim going.  
You are service connected for PTSD.  This is fine.  They did 3 different C&P's for my TBI claim and 2 additional C&P's for PTSD to try and differentiate the symptoms.  I ended up with 100% PTSD and 70% TBI.  They combined them for 100% PTSD with TBI.  They separated headaches, and missed a couple other symptoms (eye issue and smell taste issue).  But that's ok.  I'm 100% P&T with SMC-S.  TBI's and headaches go hand in hand.  More so than PTSD in my opinion.  Hit me up if you have any other questions, since I've been through the wringer with TBI/PTSD claim.

I may post this same post to another thread so if anyone think that they just read it you will be correct. Here is the thing, when veteran request an EED or file a CUE claim, be forewarned and expect that you may have to file a claim to the BVA and or to the CAVC to get your benefits. Due to the fact that you are asking the VA to payout a nice size retro, the VA is going to make you wait and work for it. As stated, many times, the BVA granted me a 1998 effective date for one of my claims. The local VA tried their best to not to implement that decision and sent my claim back to the BVA thinking that would solve the problem but the BVA kicked it right back saying that the decision was made, and the local VA finally paid a portion of my grant and returned the rest back to the BVA where my claim sit for a decision the  BVA already made.   So, the VA is still up to their old shenanigans' and forcing the veteran into hamster wheels waiting for their benefits. Sometimes all I can say is to get angry enough to try your best to stay healthy and alive to get your benefits. Yes, I did it. A lot of us are in the same boat waiting for the BVA to make it right. A veteran really does not need a lawyer until his/her claim goes before the CAVC, then it is lawyer time.

I know I'm late to the party (posting).
But damn Hamslice, I like your style.
Very thorough.

I agree with Scottish Knight.
First, I believe most VA employees do a fantastic job; however having to abide by production standards might be causing some claims to have appeals.
You have to hire more workers.
Give workers more time to properly vet claims and the evidence submitted.
Remember the benefit of the doubt rule.
Approve claim if possible.
Last, veterans do your part too.
Give the VA evidence: inservice incident/sickness, current disability (with residuals), and nexus linking 1 & 2.
 
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Oddly enough, I disagree with the length of time argument.  At present, there are roughly 2.4m military members across all five branches, active duty, reserve and guard.  Due to the recent military actions - Afghanistan, Iraq, Bosnia, Kosovo, Africa locations loads are being 'medically retired', and although the US Military has downsized over the past decades, the length of time to process a service connected disability claim has become faster.  Factor in the amount of appeals and CUE claims.  It has sped up mostly due to the use of computers, the decision has become faster.  

In 2009, from start (last medical exam) to finish (decision) for me was five months.  Now it's a matter of weeks -  depending on complexities.  However, with speed comes mistakes.  I would rather the VA take their time and be thorough.  I'd happily wait an extra month or two in lieu of having to do through the process of an appeal.  I'm going to get the money and disability status regardless.

The problem lays with appeals.  This is the problem, more than any other.  When one factors in the number of initial claims and then adds to that the amount of appeals, this makes the process slower.  It's double or sometimes triple work for the VA.  If I had any power at all, I would want to look historically at the number of claims per year and the number of appeals and follow those appeals to their final decisions.  That, to me, would be the tell-tell sign of how competent the average VA claims rep is.  There are simply too many appeals, because the claims officers are sacrificing thoroughness for speed.

Hypothetically, if 40 percent of yearly appeals were positively awarded to the veteran, what would the average time-savings be to the VA and the veteran?  Double and triple in most cases.  I feel the VA has no initial higher-review system in place.  The claims rep makes a decision and it's done.  An extra 30min per claim (higher-review) to lessen the amount of appeals would be an overall win.

The VA really should spend some time researching a means to lower the number of appeals.  Will it?  Most like no.

  

Actually I had thought Juneteenth was already a National Holiday?
It must not been declared a National Holiday...I think its great they passed it   it was about time.
Black lives Matter.

Hey everyone,  I called the VA earlier today to sort out a question.  I got ahold of probably the most helpful VA employee ever.  He gave me a solid tip for when you need more information about your status than their usual scripted answers.  If after their scripted status answer they don't provide any extra useful information,  ask them to check the program "Case Flow".  According to the rep this is where all the detailed status and notes are kept.  He also said if you ask them to look, they are supposed to, including what is written in the notes.  This is how I have found out exactly what people have been up to in my appeal.  Hope this helps,  just having a real idea what the VA is actual doing relieves some of the stress that comes along with dealing with the VA.  
-After searching about this system, it seems this is only for appeals, and came about as part of AMA.

Welcome to hadit.  You have a valid point. 
     There is a "presumptive" here.  Let me explain.  
You enter military service, and were given a physical.  The presumption here, is that the doc did his job, and you had no maladies, other than those he noted on your physical.  
Then, you have an "exit physical".  If you have a malady on your exit physical, which was not on your entrance physical, then the presumption is you got that in service.  
However, VA can "rebut" that presumption.  Lets use an example.  Let's say you have "knee problems" now, but had none before service.  
But you got into a car accident AFTER military service, and records show a knee injury in a car accident post service.  The VA can "rebut" the presumptive, citing your car accident injury.  
      So, you are actually missing "2" of the Caluza elments described in the letter you posted. (allegedly).  
1.  You have no "in service event" or aggravation which was DOCUMENTED in military service.   Now, lets talk about this.  Ok, so you complained of headaches.  Ok.  Well what did you tell the doc that happened in military service that caused your headaches or, did you have headaches documented before and they got worse in service.  For example, did you hit your head on something?  Was it documented?  Did you have a "headache trigger" in service?  I can not answer those questions...I was not with you in service, and I have not seen your service medical records or cfile.  
 
2.  Nexus, or doc statement that your (in service event) "at least as likely as not" led to your current migraine diagnosis.  
3.  The "other" caluza element is that you have to have. a diagnosis by a dcotor that you have headaches, migraines, etc.  
     Normally, you get the caluza elements documented, you get service conneced.  
      A doctor "can not" invent an in service event.  It has to be documented in your records, OR, sometimes a buddy can send a letter documenting it .  
     Example:  (Lets call you "Joe Veteran" and your friend "Frank Veteran" for this example)
      I was with Joe, when we were doing drills and we were practicing hand to hand combat skills.  He fell off a truck and landed on his head.  
Later, he complained of headaches and went to sick bay.  However, the doc apparently did not treat his headaches.
     signed...Frank Veteran.  
      It usually needs to be an "eyewitness account", that he saw you fall on your head.  Or, he told you he fell on your head and he went to sick bay and complained.  
      My advice is to check your records, see if you have documentation of the caluza elements.  You will likely need to file a NOTICE of disagreement and go to the BVA arguing you had all 3 caluza elements.  
     If you have the caluza elements you should win service connection..then it will be down to symptoms (current).  
 

Congrats......

Try this one:  
Office of General Counsel (027)
U.S. Department of Veterans Affairs
810 Vermont Avenue, N.W.
Washington, D.C. 20420
Phone: (202)632-7141

Congrats............