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RBrogen
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Posts posted by RBrogen
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Yes ... I've actually started the process to reach out to my congress person as well as the Secretary of the VA to see what can be done to make it a law that the VA automatically upload and/or mail C&P results to every veteran who is going through the claim process as soon as the results are ready or at a minimum, include a copy of the C&P results with the decision letter.
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See my updated previous post.
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Yeah that's why the like you to do Privacy Act request because they don't have a legal time to reply. I would recommend doing a FOIA to the VBA Claims and Evidence Intake Ceter because legally they are supposed to respond in 20 business days and when they don't (because most likely they won't) then you file a FOIA Appeal to the same place and that will usually get some results. If you still have issues, check out the FOIA Public Liaison information: https://www.oprm.va.gov/docs/foia/VACO_FOIA_Offices_Contact_List.pdf
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Hi Everyone,
It's been a hot minute since I've been on but hope all are doing well. I've been assisting a few vets with the claims process and I have a 75 y/o Vietnam vet how has a lot of scars secondary to heart operation that is currently service connected. We filed for his scars back in May 2022, after multiple C&Ps, he got a decision on 12/23/2022 that service connected every scar with "0% rating - Final Decision Deferred". When I was going throught the process, about 3-4 weeks after the C&P my report would be uploaded to myhealthvet.com Blue Button records. This vet has can't seem to get the VA to upload anything to his account and he keeps getting bounced around and now was forced to file a FOIA for the C&P reports. What a damn crock of crap forcing vets to damn near sue to get their own C&P reports. Anyway, I digress, I had read that if we contact an accredited VSO who has access to the VBMS system that they could download and send him the C&P reports (obviously with the appropriate 21-22a completed). I wanted to gut check the vast experience here to see if anyone else is; having the same issues getting records and/or have ever been able to get records from accredited VSO?
Thanks in advance,
Randy
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Here's a link to an article about some potentially great changes/enhancements to VASRD rating system: https://blogs.va.gov/VAntage/100285/va-proposes-updates-to-disability-rating-schedules-for-respiratory-auditory-and-mental-disorders-body-systems/
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@Vync yes after all these years, I was finally able to get my knees and ankles service connected in March 2018 so I wanted to get the effective date when I first filed for bilateral knees in Oct 1999. When I got out in 1991, the first C&P I had which was for low back, the examiner noted that I told him that my knees were swollen and stiff in the morning and that I also had rediculopathy symptoms. I had one of the decisions mention a doctor's note that said he believed my injuries were from the military service but but said that he didn't opine the exact situation that caused the injury so they ignored it.
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35 minutes ago, broncovet said:
This only matters as far as the effective date. You either meet the Caluza element criteria, or you dont. Just because an examiner noted "an additional potential issue", does not mean this establishes a "claim date", tho, that would have in the past, prior to March, 2014, when "informal" claims for increase were permitted.
Now, if you want benefits, you have to file for them on the applicable form prescribed by the Secretary. EXCEPTION:
TDIU.
If a Veteran is "unable to maintain SGE" and has sought an increase in benefits, the VA may have to send the Veteran a TDIU form.
If you expect benefits for the conditions noted on the C and P exam, I suggest you file for them now. You can fight the VA for the effective date when/if awarded, but you should apply pronto.
Remember, "even if" VA is responsible for errors, this does not necessarily mean the Veteran will get benefits. Time after time, VA messes up, and the Veteran pays the penalty.
You can not even get a lawyer until you have at least one denial. This is why you need to file now.
This decision was October 4, 1999 and an earlier effective date is exactly what I'm trying to get.
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No they didn't invite me to file ... they didn't do anything at all just said here's what you filed for, gave me 20% for my back, even though they had medical records and C&P showing I had radiculopathy symptoms.
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I'm curious as to what, if any responsibility the VA may have for followup on conditions found during C&P that were not specifically on the original claim. Example: Claim for low back syndrome is approved at 20%, during the C&P exam, examiner notes radiculopathy down legs.
Does the VA have any requirement to help "fully develop" the claim knowing that the radiculopathy is being caused by the original claimed condition.
Thanks in advance,
Randy -
I was just curious if it made a difference.
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Hi,
I just realized after re-reading my c-file that my very first C&P exam was done and decision made and none of the examiners saw or ever read my c-file prior to a decision being rendered. My c-file was apparently in transit to the storage facility but they went ahead with the C&P before getting it. This was back in 1991. Is this something that could be an issue? ... I had issues documented in the C&P that weren't addressed in the decision so I'm curious. Thanks in advance.
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Ok ... been a little bit but wanted to give an update. I got the anticipated denial letter from my original CUE claim in Jan 2020. I filed the Higher Level Review and they quite literally copied and pasted the denial into their response and sent it back on May 14, 2020. Neither the Jan 2020 nor the May 2020 decisions addressed the CUE points of
1) The original denial in 1999 was made stating that I had a pre-existing condition. They did this with ZERO medial evidence.
2) The rebuttal of aggravation to a pre-existing condition that they claimed was never addressed.
I then submitted a Supplemental Claim stating those facts along with new evidence that documented ill intent by the exam doctor on June 20, 2020 .... and I checked and literally on June 26th they had already made another decision. I am awaiting another denial package and will begin the submission for a Board review. They are delaying, delaying and delaying every step of the way and completely ignoring the facts.
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I read it as they want to specifically target those situations where doctors are providing the equivalent of a "mail order degree" with a "DBQ's for Dollars" where it is fraudulent. Having spent the better part of a year educating myself to the VA process, understanding the DBQ from a vet's perspective is paramount, not for any nefarious reason but so that the vet can understand the "VA medical language" and be able to translate the description of their condition/symptoms into the language that the VA understands. It also helps educate you on things you should be reporting, e.g. painful scars, that I had no idea were eligible until I started this process. Properly done, IMOs and private physician completed DBQs are veteran's friends and a valuable tool to hold the VA system accountable to provide benefits where they have historically been neglectful. They have had decades to master their craft of denials and only with each vet committing to educate themselves as much as possible to the process will it keep the scales somewhat balanced.
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FYI VA is going no longer accept DBQs from external sources and will remove public facing documents.
https://content.govdelivery.com/accounts/USVAVBA/bulletins/2849db0
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The exam is for a single condition/single C&P. The 2 other C&Ps that document the severity of the condition were done earlier in the year and are and have been in the system for months.
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VA says they haven't gotten the report either. The C&P was done at the same facility as the last 4.
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Hey Everyone,
I've had 6 C&P exams in the past year and the first 5 (2 of which were very involved with numerous conditions) had all of the results released within 7 days to my MyVAHeatlh.gov reports. The last one the C&P guy posted a note after 3 days that said C&P results will be made available 30 calendar days after the completion of the exam. The exam was for an increase for a condition that 2 previous C&Ps had already documented the evidence for the increase. Truth be known, I don't know why they didn't just use the Acceptable Clinical Evidence (ACE) method to approve it since the exams literally proved the exact condition severity for the increase. The examiner appeared a bit snippy so I was curious if this guy is just yanking my chain making me wait or were my 5 other results just very quick?
Thanks,
Randy -
Just got this email:
************************************
Thank you for contacting the White House VA Hotline.
I am writing to acknowledge receipt of your Veteran concern dated, 2/7/2020. Your feedback is currently being reviewed by a VA team member for prompt resolution.
Below you will find the case number and expected resolution date. If you want to follow up on this case at a further date, please have the case number ready to give to the White House Hotline team member at 1-855-948-2311.
Case Number: 02422949
Expected Resolution: Approximately 21 Business Days
Concern Type: Delay - APPEAL - Appeal or remand pending with Regional Office, Appeals Management Office, and/or Board of Veterans Appeals
In service,
White House VA Hotline Team
************************************* -
I actually called the White House VA complaint line and they said they will have someone reach out to me to ensure I have my call before the final decision on the HLR is registered. Not sure if that is going to change anything as it is apparent they are using the HLR to flush things through as quickly as possible and not really do any meaningful review of a decision. Regardless, I'll continue to shoot, move and communicate! :)
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I submitted an HLR for the CUE decision and requested an informal conference call ... not to my surprise, no one called and when I followed up with the VA today, the HLR is pending decision. I am going to assume it was a rubber stamp and not a real review of my case. I will wait for the formal letter and then submit the Board appeal.
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I'm not sure about the provision. However, with no medical records, no treatment records, 3 entrance/airborne exams in the negative spanning 4 years, and the documented statement that there were no lingering issues, no medical treatment sought and I returned to school the next day, I would think coming up with a "torn ligament" diagnosis would not be acceptable. I also told them the only reason I remembered it was because I was teased by other students when I didn't go back to football tryouts the next day.
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13 minutes ago, Vync said:
When you check your entrance exam, did the same apply to you? (you admit having it, but doc indicated it was normal)
No .. I didn't annotate any defects on any of the 3 different entrance/airborne exams I had. The C&P examiner in an earlier exam in 1991 asked me if I had every played sports and had any injuries. I explained that I wasn't sure if it counted (yes trying to be honest about it) but I tried out for high school football and on the first day of try outs I was tackled and it hurt my left leg. I left the practice with no residual issues, never went to doctor, no medical treatment or records. Turns out the doctor wrote "left knee injury prior to service, ligament injury" on the exam notes with out any medical evidence. So that is what has plagued me from the beginning.
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6 minutes ago, Vync said:
Hmm... It stinks when the VA is supposed to do their job but roll out the red tape instead.
Crazy thing is in the original denial decision letter Oct 4, 1999, they denied me for a pre-existing condition (unsubstantiated and without any medical evidence to show it). This new decision stated "After reviewing records, there is no evidence on the enlistment exam of a prior left knee injury, we we conclude the left knee was considered stable on entry into the service."
Basically they said in their own words, the previous decision denied you because you had a pre-existing condition, but we found that it didn't exist, but we are going to deny you anyway .... WTF.
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1 minute ago, Vync said:
I figured you delivered a pretty solid set of arguments. It makes me wonder if they took your arguments and considered them new evidence, thus disregarding it. But since they just regurgitated the original denial, I don't expect them to tell you if they disregarded your submission either. Keep in mind the CUE laws require the veteran to be very specific in telling them the error.
Yes I spelled out the errors, provided supporting evidence and logic. They even eluded to the fact in the "Positive Findings" that I am currently service connected for those conditions.
C&P Reports and VBMS Access
in VA Disability Claims Research
Posted
Yeah EL Train I can't find any rules/laws that require the docs to be uploaded/released at x or in x time. It's shameful