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RBrogen

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  1. Like
    RBrogen got a reaction from Jake206th in Petition to mandate VA automatically provide C&P reports in timely manner   
    Hey BroncoVet,
    Thanks for the insight and I haven't had any issues with the ones I received in 2018-2019.  My point is that if the exam results are not made avaialable to the veteran once the decision letter is generated, they are seriously impeding the ability for the veteran to have a proper appeal.  As you know, without this information you have absolutely no idea as to what the C&P doc said, rated your severity as nor any other issues they  may have documneted/opined on that could potentially assist you in getting a proper rating.    This is in direct violation of the VA's mandate of duty to assist.  
    Bottom line is it should not matter where the C&P originated from, once the raters have the data in order to make a rating decision, that same data must me made available to the veteran so they can make an assessment on their appeal options within the time required. The process should automatically include a copy of the report going to the veteran no matter if it is VBA or QTC.
  2. Best Answer
    RBrogen got a reaction from Vync in Petition to mandate VA automatically provide C&P reports in timely manner   
    Here's a link to a petition that will be used in conjuntion with meetings with congressional leaders to show support for a law to require that the VA automatically provide veterans with the C&P results in a timely manner so that veterans can properly assess their options for appeal. 
    Be sure to sign and share!!!
    Change.Org Petition:  https://chng.it/bDh8TstdFk
  3. Like
    RBrogen reacted to broncovet in C&P Reports and VBMS Access   
    VA "has discretion" as to whether to order an "in house" VA exam, done by a VA provider, or to hire QTC or other contractor to provide them.  
    Typically, if they have VA providers available, they use them.  If backed up, to provide an Exam for Veterans, they can, at their discretion, use QTC or other contractor.  
    So, yes, C and P exams are still done by the hospital, but, perhaps, not in your area.  They are still done here.  
    The OP did not indicate if they were contractor exams.  
    To repeat (especially if the exam was done at the VAMC), tell the Veteran to go to the VAMC where the exam was given, and get a copy at Release of Information.  
    Dont make it complicated.  Its only complicated if a contractor does it and neither the VA nor the contractor release the exam results.  
    VA does not hire contractors for every exam.  
    Further, even if done by a contractor, this exam should eventually wind up in the VETERANS medical file at his/her VAMC.   
    The VA may/ or may not delay the exam results from being a part of his medical record.  
    The medical records office should have all records for the Veteran, unless the Veteran has declined to have those records released to VA.  
    This is the whole idea behind VA health care.  I can walk into a VAMC "in a distant city" and go to a doc there and this doc can view my records online, because they are stored at the local VAMC.  
    This should improve health care.  For example, if I was traveling, and in an accident, a VA doc in another city could look in my records and see if I have allergies to certain meds.  
    Is it guaranteed the Veteran can git his records at the local VAMC ?  No. But its way, way faster and easier than most of the other ideas mentioned, such as a FOIA.  
    The next easiest fastest way, after going to the local VAMC, is to check VBMS.  This, of course requires either a VSO or attorney with VBMS access and the applicable POA filed.  
    Its Occam's Razor: The simplest method is the best.  
    https://en.wikipedia.org/wiki/Occam's_razor
    This is all I have to say about that.  
  4. Like
    RBrogen got a reaction from blahsaysme2u in Petition to mandate VA automatically provide C&P reports in timely manner   
    Here's a link to a petition that will be used in conjuntion with meetings with congressional leaders to show support for a law to require that the VA automatically provide veterans with the C&P results in a timely manner so that veterans can properly assess their options for appeal. 
    Be sure to sign and share!!!
    Change.Org Petition:  https://chng.it/bDh8TstdFk
  5. Like
    RBrogen got a reaction from ShrekTheTank in C&P Reports and VBMS Access   
    Awesome ... lemme know how you make out?  Basically are there any rules/laws for the VA to provide/upload the C&P results up to myhealthevet Blue Button records?
  6. Like
    RBrogen got a reaction from ShrekTheTank in C&P Reports and VBMS Access   
    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.
  7. Like
    RBrogen got a reaction from Vync in Unclaimed conditions found during C&P   
    @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.
  8. Sad
    RBrogen reacted to stumpy579 in C&P Results Delayed   
    Changed to 30 Calendar days as of October 2019. You can request from information office at VA facility where exam performed after 20 "business days" but that would be almost 30 calendar days anyway. If you had xrays or labs with your exam they will still be in BlueButton after 3 days. https://www.myhealth.va.gov/mhv-portal-web/my-healthevet-va-notes-learn-more
  9. Like
    RBrogen got a reaction from Vync in C&P Results Delayed   
    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
  10. Like
    RBrogen got a reaction from Vync in CUE Update   
    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
    *************************************
  11. Like
    RBrogen got a reaction from Vync in CUE Update   
    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.
  12. Like
    RBrogen reacted to Vync in CUE Update   
    Here are some old rulings. I'm not certain if these are precedent or single just decisions, but they might be helpful. I found them in some older BVA rulings from 1995 through 2000. Of course, they were likely for active appeals, not CUE. 
     
    Gilbert v. Derwinski, 1 Vet. App. 49, 57 (1990) (holding that the Board's statement of reasons or bases is adequate when it is sufficient to enable a claimant to understand the precise basis for the Board's decision and to facilitate review in this Court)
    https://www.uscourts.cavc.gov/documents/Gilbert11-2355.pdf
    https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000058568/Gilbert-v.-Derwinski,-Jul-25,-1990,-1-Vet.App.-49-(1990)
     
    The Board must provide a statement of the reasons or bases for its determination, adequate to enable an appellant to understand the precise basis for the Board's decision, as well as to facilitate review in the Court.  38 U.S.C. § 7104(d)(1); Allday v. Brown, 7 Vet. App. 517, 527 (1995); Gilbert v. Derwinski, 1 Vet. App. 49, 56-57 (1990). 
    https://www.uscourts.cavc.gov/documents/Webb_00-340.pdf
     
    To comply with this requirement, the Board must analyze the credibility and probative value of the evidence, account for the evidence it finds persuasive or unpersuasive, and provide the reasons for its rejection of any material evidence favorable to the claimant.  Caluza v. Brown, 7 Vet. App. 498, 506 (1995), aff'd per curiam, 78 F.3d 604 (Fed. Cir. 1996) (table). 
    https://www.uscourts.cavc.gov/documents/Harris_99-53.pdf
    https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000061412/Caluza-v.-Brown,-April-12,-1995,-7-Vet.App.-508-(1995)
     
     
  13. Like
    RBrogen reacted to FormerMember in CUE UPDATE   
    Look for a designated form to be created this coming year and an update to §§3.155;3.2501 etc. As it stands now, you could be in a VAMC as an inpatient and file it on a paper towel or Depends undergarment (unsoiled preferably).
  14. Like
    RBrogen got a reaction from Vync in CUE UPDATE   
    Thanks ... not holding out a lot of hope with this first run but we'll see wha the package says when it gets here and then I'll formulate the next move.
     
  15. Like
    RBrogen got a reaction from Vync in CUE UPDATE   
    STATUS IS "PREPARATION FOR NOTIFICATION" ..... FINGERS CROSSED!!!
  16. Like
    RBrogen got a reaction from Vync in CUE UPDATE   
    Yes there is definitely confusion at VA about the requirement, or lack thereof, for a specific form to initiate a CUE.  The 21-526 I completed after my certified letter sat for 8 weeks only created confusion and misleading display of data in the record.  If you file a 21-526, you only have 2 options new condition or increase to an existing condition.  NEITHER are true for a CUE if you are looking for an earlier effective date CUE Claim.
  17. Like
    RBrogen got a reaction from ShrekTheTank in CUE UPDATE   
    STATUS IS "PREPARATION FOR NOTIFICATION" ..... FINGERS CROSSED!!!
  18. Like
    RBrogen got a reaction from Dustoff1970 in CUE UPDATE   
    At first I didn't use a form and mailed it in.  When I did a followup about 6 weeks later, I was told that it was sitting in the portal because it didn't have a claim form.  I created a claim form using e-benefits though ultimately caused more confusion as the claim only allowed me to request an increase not an earlier effective date.  After speaking to other VA reps at the RO they all agreed there was no need/requirement for the form.  After a couple of calls and and inquiries submitted to the RO, they finally removed the additional claim document and left just the cue.
  19. Like
    RBrogen reacted to Vync in CUE UPDATE   
    Yeah, that can definitely help, but just make sure they don't go into too much detail when typing up the claims. If you make the scope too narrow the C&P docs will also narrow their focus. I learned this earlier this year when my VSO asked why I thought my heart attack should be SC. I vaguely recall telling him I thought it was due to NSAIDs. That's exactly what he wrote and what the C&P doc checked. Even though I told the doc it might have been due to other meds, they focused only on that class of meds and denied my claim. Now, I advise being somewhat vague, like "heart attack due to meds used to treat SC disabilities, plus any secondary conditions". Cover your bases.
  20. Haha
    RBrogen got a reaction from Vync in CUE UPDATE   
    lol I'm with you brother .... strap a frick'n Evinrude motor on the back of that puppy, full throttle and beach that bitch!
  21. Like
    RBrogen got a reaction from Vync in CUE UPDATE   
    Correct and understand also that VSOs are "trained" as well to follow a prescribed system and that system is the bulk VA conveyer belt.  If you know how to compile the evidence, apply and followup you can manage your own claim without a VSO BUT you MUST research and educate yourself to your claim's specific nuances so that you can present it to the VA properly and in a structure/formate they understand.  If you make it easy for them, they can process your claim quickly.
  22. Like
    RBrogen got a reaction from Vync in CUE UPDATE   
    You are you own best advocate.  While VSOs can help, you need to spearhead your own destiny.  A VSO has numerous things going on and honestly, you, nor the next vet is their highest priority ... they try to deal with their workload as much as possible but inevitably you are the best representative for you.
  23. Like
    RBrogen got a reaction from ShrekTheTank in CUE UPDATE   
    lol I'm with you brother .... strap a frick'n Evinrude motor on the back of that puppy, full throttle and beach that bitch!
  24. Like
    RBrogen got a reaction from ShrekTheTank in CUE UPDATE   
    You are you own best advocate.  While VSOs can help, you need to spearhead your own destiny.  A VSO has numerous things going on and honestly, you, nor the next vet is their highest priority ... they try to deal with their workload as much as possible but inevitably you are the best representative for you.
  25. Like
    RBrogen got a reaction from ShrekTheTank in CUE UPDATE   
    Yes it is IMPERATIVE that every vet educate themselves fully to the process and the way the VA will most likely view their conditions, ratings and process.  Unfortunately there are some vets out there who feel the VA should just give them the rating they want without doing anything but sending in a note.  I've heard vets complain about "those who know what to say who get the best ratings".  They don't seem to get the fact that the VA is a system with a history of doing the minimal and less to help vets.  Every vet  must educate themselves to that system if they are to get properly rated.  I know I've been on a VA indoctrination course the past year and had I not educated myself I would still be sitting at 20% without any benefits for my family nor a solid retirement.  An example is I just responded to a post where a vet was confused about their rating level when all they had to do was follow the rules for bilateral conditions and then follow the rating chart to see why they were rated at what they were.  The basics of understanding how things are rated, what conditions rate higher, secondary conditions like scars which can be rated for pain as well as disfigurement could have major impact on an individuals overall rating level.
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