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Everything posted by Vync

  1. Excellent! Congratulations!
  2. I had an LHI exam earlier in the year after filing a supplemental claim, but the examiner was sloppy, resulting in a denial that I had to appeal via HLR. I received a FedEx letter a week prior telling me info about the examiner's experience and credentials. It also indicated the names of the services requested by the VA. In my case, the VA requested a cardiology exam. The examiner, a nurse practitioner, called and spent about 10 minutes on the phone. An in-person exam was not necessary because I recently had a full heart workup at the VA. They asked about a heart rhythm issue that was pre
  3. Keep in mind that some offices might be in the DEERS catalog, but they may not necessarily make ID cards. My recommendation is to call before you go. Here is an online link to find offices near you: https://idco.dmdc.osd.mil/idco/locator
  4. Ranmic, It's just a way that the VA determines if your rating will be deemed as protected. There are a lot of factors that go into it, such as age, type of disability, disability percentage, service connection status, etc... When you reach a level of rating protection, the VA doesn't tend to come out and tell you. However, it is good to know about in cases where the VA might suddenly proposes to reduce a rating. They will send you a letter in writing and give you a certain amount of time to respond and explain why the rating should be continued. That doesn't mean they will get it right
  5. Please feel free. I can provide some additional information to you very soon.
  6. @blahsaysme2u I requested mine in December 2019. Currently, there is no longer an ETA on va.gov of when I call the Peggy puppets. I think I might engage my Congressional rep to see if they can get mine moving along.
  7. @CapnHaddockYou are correct in the fact that the VA try will fight this all the way. I sort of spearheaded this effort recently. Being 100% P&T, I filed for this some years ago, but the VA also denied the free coverage because I was also still employed. In 1996, per the Paperwork Reduction Act of 1995, the VA moved their regulations into departmental policies under M29-1 Chapter 16. They asserted that "for life insurance purposes" the VA's definition of "totally disabled" meant "unemployable", despite what the VA defined in 38 CFR 3.340. Apparently, there was some sort of division between
  8. Still happening to me. It either goes into an endless loop trying to load (nothing being displayed), loads partially then freezes, or takes a very long time to load. Tried Chrome and Edge. Flushed cache. Still happening.
  9. @GBArmyIn this case, a new doctor's opinion cannot be introduced due to the CUE restrictions. I looked up the M21-1's CUE policies/procedures and found: A claimant is not entitled to request CUE again once there has been a final decision denying CUE on the same basis. If the CUE alleged is different from a CUE issue previously rejected, use a rating to determine whether or not a CUE was made on the new issue. If they followed their own policies/procedures, they would have considered functional loss/impairment which should warrant an increase. At least that's how I read it.
  10. The CUE I submitted last year was denied in January. I submitted a HLR asserting a CUE contention that the VA failed to properly apply functional loss/impairment per 4.40 and 4.45 and award a rating higher than 10%. The HLR denied CUE occurred, again relied solely on the maximum ROM, but made no mention of my contentions that functional loss/impairment per 4.40 and 4.45 were not properly applied. Initial exam This exam was a crap shoot, but at least they were able to confirm it was in the record. A reasonable person would have used objective math to divide 35 mm by 2 resulting in
  11. If you have a VSO, they can go into VBMS and obtain a copy of the letter. My VSO was able to do this for me and read off the retro amounts and the basics of the decision. I drove by his office and picked up a copy. Once you have a copy of the letter in hand, you can discuss it with the Peggy agents, if necessary. They don't need to know you obtained it from your VSO. I hope the letter contains really good news...
  12. If you have a VSO, perhaps they can access VBMS and obtain the requested documents. I have gone this route numerous times. Otherwise, if you mailed a letter requesting certain documents, the COVID-19 situation has introduced a significant delay. I In December 2019, I requested a copy of my claims file. It had an Aug 2020 delivery estimate, but now they took that estimate off completely.
  13. Due to the inclusion of "possible verification", that sounds like a scripted catch-all response.
  14. Based on what you posted, I had a feeling that is what happened. They do seem to be turning them around pretty quickly. I had a C&P on a different claim recently and it took them about one week to issue a decision, but that was on a supplemental. I don't see why they would do anything different on a HLR. After all, when you have a HLR that requires a C&P, it gains elements of a supplemental (i.e. new evidence = the C&P exam). I hope they find in your favor.
  15. @Joey Ross I just had my HLR informal conference call and asked about this. They said HLR's are worked in the order in which they were received. Mine was received by the VA in April 2020 and is estimated to be completed this week. It looks like they are running around four months. A couple of other HLR posts within the past month are showing the same. Of course, if the VA is having to request records from somewhere, perform new C&Ps, etc..., that would likely cause a delay. If you are in a provably desperate situation such as homeless, terminally ill, etc... you can ask the VA to
  16. Update! I had a 90 minute HLR informal conference call regarding my TMJ CUE received by the VA in April 2020. Quick recap: Nov 1997 had initial C&P which would have granted 30%, but was misplaced. Dec 1999 had another exam that would have granted 20%. The VA adjudicator used the max ROM instead of factoring in DeLuca (4.40 and 4.45), but granted 10% under 4.59 effective 1995. The call started with the reviewer explaining the scope of evidence as being my service records and all records in possession by the between 1995 (when claim was filed) and 2000 (when claim was decided). The
  17. No 20 year notification here either. It would be great if, after 20 years, they sent a letter containing a sincere apology for failing to do their job properly all those times before, but also congratulating us for making it to this milestone.
  18. I usually get emails for surveys involving interactions with the call center 1-800-827-1000. Those surveys completely fail to indicate the date, time, or first name of the call center agent. Assuming you made two calls in a week, one was horrible and the If you made three calls in a week, one awful and the other great, how would I know how to accurately respond without possibly being unfair to one of the call center agents? You can't make this stuff up. The Three Stooges - Disorder In The Court (1936) (public domain) https://www.youtube.com/watch?v=eTnYkgVBI6k
  19. The regular DBQs do have a "remarks" field at the end, but the VA uses a separate internal form to document the medical nexus/opinion as to whether or not they believe the condition is related to service. I would recommend that in addition to any private doctor's DBQ, ensure they send a corresponding independent medical opinion. If they can fit it in the small "remarks" box on the DBQ, then great. Otherwise, it should be sent on their letterhead. The VARO folks will probably kick it over to one of their own VA C&P examiners for "interpretation". For what it's worth, don't expect
  20. I had a VA neurologist at one point who would have recommended this. However, he opted against it because of the discs in my back being mostly shot. He was worried that with my existing balance issues, I was prone to falling and injuring myself further. I really wanted to give it a shot though.
  21. @Buck52 I remember when that happened to Carlie
  22. I assume he would try to run the clock out as much as possible. For example, he could wait until the last few days of the response window before submitting the response via mail/fax/online. That would narrow the time the VA has to make a decision. I don't know if it is possible, but could requesting a copy of his claims folder and then simultaneously requesting an extension in the time to respond push the response clock out?
  23. That makes sense. When I called yesterday, they said I was almost to the 125 day estimate. With the VA making repeated mistakes on supplemental claims (at least in my case), I assumed that the HLR queue would be growing, much like the appeals used to prior to the AMA changes.
  24. @deedub75 that is very promising! From the time you sent in your HLR, how long did it take for them to call you? I am curious because I have an HLR that has been sitting idle since April of this year.
  25. After my recent C&P exam, I have concerns about the quality of the examiners. The VARO is "supposed" to thoroughly review the exam findings. If anything is incomplete or inadequate, they can ask the examiner to either clarify or redo the exam.
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