pwrslm

The VLB blog is from 2014. At that time, there was no such thing as the reconsideration in anything but the M21 training manual. Officially, it was not an appeal nor was it an actual reconsideration by CFR or USC, but it was a back door to the rating system that allowed for them to "fix" screw-ups before they got to an appeal status. I used this to call an unofficial CUE on them and was given an effective date from the original filing. This is the M21-1 where this info is located: Claims for Reconsideration - Veterans Benefits Administration On NM evidence, effective date from: Section B. Revision of Decisions - Veterans Benefits Administration If a final decision is reopened and revised based on new and material evidence, other than service department records as described at 38 CFR 3.156(c), the effective date is generally the date of receipt of the most recent claim per 38 CFR 3.400(q). (MY NOTE _ I THINK THIS IS WHERE THEY DATE RECT OF THE RECONSIDERATION) If a decision is reversed based on clear and unmistakable error, it is effective as if the original denial had never been made per 38 CFR 3.400(k). (<-- This is where I was) (BELOW COVERS CLAIMS FOR EED-SAME PART OF M21) d. Claims for an Earlier Effective Date In Rudd v. Nicholson, 20 Vet. App. 296 (2006), the U.S. Court of Appeals for Veterans Claims held that VA has no authority to adjudicate a “freestanding” claim for an earlier effective date in an attempt to overcome the finality of an unappealed regional office (RO) decision. Although VA cannot consider a claim for an earlier effective date on a final RO decision, the claimant may allege CUE with respect to the assignment of the effective date in that prior final RO decision. In order for the CUE claim to be considered valid, the claimant must specify the factual or legal errors at issue. Example: A claimant’s statement that “my effective date is wrong, or “I want an earlier effective date” does not sufficiently specify the factual or legal error at issue. Reference: For more information on · revising decisions based on CUE, see - 38 CFR 3.105(a), and - M21-1MR, Part III, Subpart iv, 2.B.7. · claims for an earlier effective date, see M21-1MR, Part I, Subpart 1, B.3.c.

"I called another 30 psychologists in my area today and none would perform it. I have called nearly 50 in total and not making any progress." Never give up. Thats the secret to winning!! Find a Psych yet?

Sorry if you were offended Ms Berta. You are a valuable star here. I read a lot of your posts and learn from them every chance I get. Thanks for your participation!!

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at least as likely as not is the 50% mark and thats all it takes to win push goes to the vet

So where did the examiner get the info that the substance abuse predated the military service?

I get that 100% kanewnut. I have been advocating for VBA/VHA accountability from the start. Patient Adv. office is as useless as talking to a brick wall.

Hi WomanMarine I got told the 1st complaint was closed because the VA said they had contacted me and I was satisfied with the outcome. That was BS. I told the WH Vet exactly that. They reopend my case, gave me a new case #, and a week later it was over. They did everything that I told them should have been done all along, and it only took 2.5 months. I guess thats better than never. But I got them to drop an RFE, totally disappeared from the EB site. Now I am waiting on a FOIA that will tell me what happened A-Z. Ill get that next November...or year.

evaluating claims based on the evidence of record, see 38 CFR 3.326(b) §3.326 Examinations. For purposes of this section, the term examination includes periods of hospital observation when required by VA. (a) Where there is a claim for disability compensation or pension but medical evidence accompanying the claim is not adequate for rating purposes, a Department of Veterans Affairs examination will be authorized. This paragraph applies to original and reopened claims as well as claims for increase submitted by a veteran, surviving spouse, parent, or child. Individuals for whom an examination has been scheduled are required to report for the examination. (b) Provided that it is otherwise adequate for rating purposes, any hospital report, or any examination report, from any government or private institution may be accepted for rating a claim without further examination. However, monetary benefits to a former prisoner of war will not be denied unless the claimant has been offered a complete physical examination conducted at a Department of Veterans Affairs hospital or outpatient clinic. (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination. (Authority: 38 U.S.C. 5107(a)) Just give them the evidence and they dont need that exam!!

The VA is a pain sometimes... When you keep running into BS, and they can provide no solution, go unconventional. First off, I will assume that your father is under NON VA care? If so, ask his attending/primary physician to fill out a DBQ. DBQ is a big part of the C&P exam and if the VBA gets that up front, your VSO should be able to get the apt set aside. The Rating official must accept it, no option, unless the MD that filled it out screwed it up bad. Beyond that, they are also required to review the Vets record, because if there is enough info in the record, they do not need a DBQ. Did you provide them with your dads full medical record on the cancer and his treatment? They can do a C&P request from a qualified provider of their choosing to give them a qualified medical opinion in either case without your dad if they have the DBQ. You dont even need a NEXUS, just prove that he has the presumptive condition, and had boots on the ground in VN. (A lot of the time the moron at the bottom of the ladder is shuffling files mechanically and does not even open the Vets C File until after the C&P is complete.) The VA guidelines that back this up: M21-1, Part I, Chapter 1, Section C - Requesting Records 3.c.Reviewing Evidence of Record Prior to Requesting Examination An examination or opinion is only necessary when there is not sufficient medical evidence of record to make a decision on the claim. Prior to requesting an examination or opinion, review the available medical evidence to determine if such evidence is sufficient to rate the claim. If evidence, such as a disability benefits questionnaire (DBQ), a private physician’s report, or private medical opinion, is received and such records are fully sufficient to rate the claim then do not order an examination. References: For more information on evaluating claims based on the evidence of record, see 38 CFR 3.326(b) requesting examinations, see M21-1, Part III, Subpart iv, 3.A principles of reviewing evidence and decision making, see M21-1, Part III, Subpart iv, 5.A assertions by the claimant that an examination is not permitted, seeKowalski v. Nicholson, 19 Vet.App.171 (2005) when an examination is not necessary, see McLendon v. Nicholson, 20 Vet.App. 79, 81 (2006) when a rating determination of P&T disability for pension purposes is required, see M21-1, Part V, Subpart i, 2.2.e acceptable medical evidence for pension rating purposes, see M21-1, Part V, Subpart i, 2.2.f, and when a VA examination is authorized for pension cases, see M21-1, Part V, Subpart i, 2.2.g.

No. WH is a POTUS supervised VA back door, the Congressional is a formal inquiry. Every time I have used the WH HL it moved my solution faster, or forced the VA to follow their own rules. Us their own playbook against them and they will do exactly what you want them to do. This is the USC, CFR and the M21R inclusive. If you do end up with VR&E, that is covered by M28R. These are the VBA's operation manuals. They also have a ton of directives and handbooks detailing how each section functions, interpretations of rules and policy letters, etc. It may take some time to find the right thing, but if you are right and stick to your guns, there isnt much they can do about it.

What sucks is that the VA will process a claim in 30 days now when it goes through a VSO, but they drag their feet as long as possible on a remand that is required to be expedited. Stupid is as stupid does Gump said.!@!

855-948-2311 <-- white house hotline if you dont get a response, call every week til ya do

After I pushed for a reconsideration, the RO did a 2nd C&P. I went, they did the same BS the 1st one did, so I uploaded a detailed statement on the errors in both C&P's, provided records from a NON VA specialist, and they finally gave me the increase. The main thing is to not sit back and trust that any of them will find the mistakes. Its up to us to flag the problems, dot the I's and cross the Ts, and give them dates, times, names and locations of everything related to the error. This is CYA routine to the extreme, but it makes them look stupid if they can not figure it out.

I would go now and get an examination done by a good spine specialist. The VA will want a new DBQ done, so if you turn it in to them, you may get better results. Expecting the VA to provide you with a competent Spine exam is slim pickin's. They have some great specialists, dont get me wrong, but the ones that they send you to for C&P exams normally will not be a specialist. Get your own specialists who is familiar with your case to do the DBQ then give it to them ASAP. If they overturned the earlier decision you should get back pay back to the original claim where you appealed from.

Next step is to contact the White House Hotline if you are not getting answers. I did this and they got it closed the first time, then I called back and found out what they used to close the case and said it was BS, so the case was reopened. When the reopen hit, they treated me like someone special. Make sure to dot your t's, cross your I's, (however that works) and stand your ground. If you make it more painful to keep up the BS line than it is to be transparent, they will eventually come around.

Called peggy (800 #) and was told it takes about 30 days to show up on EBenefits. Peggy.

Peripheral edema is also bilateral. You get the bilaterals up front and aggregated, then they add 10%. Im at 85 now, rounds up to 90. Increasing a 40% to a 60% on my peripheral legs, then adding my right shoulder (which would make it bilateral because my left shoulder is already SC), it would give me 95.54, or round up to 100%. Look at the bilateral effect to increase to over 94.5%, because then you round up.

RAMP submitted on 15 May 2018. Showed up today 15 Jun 2018 as a claim; type is appeal. Projected completion date is 08/24/2018 - 11/10/2018.

On the EB site, they have the section "Work in Process". Go there, the ITF section is the 1st 2. If you started an ITF, you can continue it under the 2nd one named "Open Applications". On the far right, it gives you the option to "continue". Click there, and you are back in the original ITF you started before. If you need to file the ITF, go to the top where it says "Apply", then click on "disability compensation" and you can start a new ITF there. Just follow the steps to open the intent to file, and it asks everything you need to know there.

But that was an error, because the reduction never occured. This is CUE I believe. This is also why you need a lawyer on this, because the VBA will more likely run this into the ground than admit its error after 10 years back pay due. If the initial appeal to the BVA was rejected, it needs to go to the CVA. That requires legal council. To put together a CUE that will get there, you need a proper legal pleading.

There should be a list of attachments on the claim decision. IF its not there, that should be proof enough.

Throw everything against the fan, and watch to see what sticks. SSDI is a big plus, if you get them to accept this, then its a strong plus for the VBA, but one does not guarantee the other. Your rejection from the VR&E is also huge, but did ya get that in writing? If not, get back there and make them put it in writing or its meaningless. I am at 90% now, attending college for a BA in Psych so I can get a desk job. Not sure what your disability is, but if it prevents you from sedentary work then you have close to a sure shot with that VR&E rejection. Do you have secondary conditions related to your 80% that are not rated, or are any of your SC disabilities under-rated? Pushing through to the 100% would give you the same benefits as IU and you could take that desk job as well....

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Do you have an EBenefits account? If not, you should do that first. You need to see enrollment at the VA to get ID verified to get an advanced account the allows you access to claims and appeals info. NOD should not take longer than 13/14 months. They are strange, sometimes they are done in 3, others much longer. to get up to date info on the NOD call 800-827-1000 for claims info