KC3

I am already in the BVA hearing lane and will be submitting my additional evidence this week and the HLR history from my C file will be submitted even if it means duplicating it. I wish I would have done the supplemental lane. Might have saved a 3 year wait. I was advised wrong on several occasions by my representative(s) which in the end I accept full responsibility since I ultimately took the advice.

I never received notice from the VA nor any of its sub contractors for exams. the BVA is in the know. I would have been there in a heartbeat for these looking back hindsight I would now do option 2 with the knowledge I’ve gained over the past several years.

VLJ informed me of avenues to pursue not an order to do something. My apologies folks.

Please bear with me. I feel I need to elaborate. During my HLR in December of 2018(my representative did not involve me) the DRO ordered up new exams due to DTA error for migraines and GERD. I did not hear anything and after 3 inquiries with the 1000 peg line I finally heard about the lost claims in May of 2019 via phone message and received a denial 3 weeks later without the ordered exams. My representative told me that this would not help me at my BVA hearing I had in late March; however, I brought it to the VLJ attention when asked if there was anything else and VLJ was very enthusiastic about this. Should I include the paperwork that the DRO ordered up exams in my new evidence? did VA fail me by not administering the exams? Perhaps I’m confused as to why my rep said not to bring this up. On a positive note I found the doctor who treated me within a year of discharge and DX with migraines and he wrote a letter on the 20-10210 VA form stating he treated me since he’s now retired. VLJ said to do this since the records are destroyed after 10 years at that facility.

Thank you pacmanx1!

I have a BVA hearing coming up in the near future and wanted to bring up this scenario. As an alternate route my representative instructed me to get an IMO tying in my claimed issues that are on appeal at BVA as secondary to a condition that was rated several years after my effective date for the original claims on appeal at BVA. All claimed conditions are actually well known symptoms that coincide with the rated condition. Will this affect a decision by a VLJ or affect an effective date if a grant is made or a remand is suggested?

No, unfortunately I have not been assigned a judge as of yet.

I just sent in my questions to the site. Thank you!

Background: I have had my claim with a docket number for approximately 40 months now for a hearing with a VLJ. The timeline was supposed to have been 365 days with the new AMA. I recently conducted miscellaneous checks for specific cases on the BVA search. There are many cases similar to mine with docket numbers much newer than mine getting their hearings with a VLJ. Many are from 2021 where I have been waiting since 2019. None of these are under the emergency's listed at the BVA website for advancing more quickly. Question(s): Does the BVA not go in order? Is this something I need to follow up on with WH hotline or Peggy or just wait out? Thanks for reading.

I was recently informed that I can request a different examiner or one you had before. In your case I would have been persistent in a different examiner even if they told you it would be 2 months out.

I definitely keep all appt. And your knowledge is appreciated. I’m glad it’s the same. Thought there might be more testing involved.

I understand this. Unfortunately I have got worse via physicians. I’m at 3.5 years so revaluation would be soon. Evidence is in claim

Yes it is in evidence as are 30 visits to a VA psychiatrist and 8 to an outside psychiatrist.

I will be attending a C&P for increase PTSD. I received a suspension for aggressive behavior and a few weeks later I was let go. Will it be same as initial exam or is it a different process?

I was looking at a status today and noticed the message for a request: "Automated 5103 Notice response" due in 30 days. I get the impression it is if I have additional records to submit. Is this correct? At this time I have nothing else in my claim I just submitted. I do, however have 4142 and 4142a in the package for my MH physician who prefers to release records to VA himself and hope he gets to speak with VA personnel when this occurs. If I say I have nothing else to submit will the aforementioned forms be ignored? Will I be able to submit evidence in the event I have to do a supplemental? I have never ran into this before. I appreciate it.

I have learned a lot with the feed back on this question. I will just print out the VA physicians notes from MHV for 23 visits and counselor notes. Do personnel at the RO need the medication history from VA for determining an increase or is that something the C&P examiner is more concerned with? My physician I see outside the VA has written me a general letter to VA but likes the VA to request personnel records.I believe he likes to speak with them if at all possible. I have a release form. Should this be included in the package just in case?

Thank you! Also, everyone, I didn't mean for this question to cause any aggravation.

I have been having lay letters filled out via the 21-10210 form. Should I continue using the 21-4138 form?

Thank you for your help!

Thank you; I have 350 pages in VA records to this point but there are a lot of pages with medications and lab results. When I do this will a flash drive be accepted?

I am getting ready to submit an additional claim for an increase with a current condition and I see various doctors at veterans clinic. Will the C&P examiner, VA regional office/VA rater and etc. have access to these or do I need to copy and submit in claim?

Does this mean that Vets in the AMA lane are on the back burner? due respect to everyone but Covid is an excuse to slow things down. Sadly The VA is not the only organization to use this to slow things down.

Thanks I had to go through congressman to get accepted into the AMA in which I got a letter in April of 2020; however, my docket was still November because that is when appropriate paperwork was sent in. It is confusing because the VA lost 2 of the 4 parts of my claim for 6 months or forgot about them. I was ordered new exams by the HLR but never got them so I had to opt into the BVA for those 2 as well.

I have been at the AMA hearing with VLJ level of the BVA since November of 2019. I spoke with a representative at the BVA today and was informed that in December 2020, 13 months ago, I had a hearing canceled and that it is supposed to be rescheduled. That seems odd that it has been 13 months. I never heard about this hearing or cancellation until today. Is this common at the BVA level or does it need to be questioned?

I have published studies for migraines that my Neurologist used when writing a nexus for secondary status so I could put with my claim at the BVA when my time comes for my hearing. He created a reference page for all studies he considered as well. The Rheumatologist is reviewing several as well.