lcpmom

Bronconvet, There is no change to Ebenefits yet. I am waiting for a change to take affect after the packet is sent back to the regional office for processing. Thanks for the suggestion. I will continue to wait for the envelope and continue to check my Ebenefits account. Lois,

Broncovet, I appealed an earlier effective date of the 2016 decision. I did not specifically specify. The two Radiculopathy conditions were eventually rated as a result of the primary Cervical condition. I do not yet know if I have been awarded EED for both. Just that I have been Granted the EED prior to 2016. Please note that It was not a request for an increase rating, only a request for an earlier effective date for the rating decision assigned in 2016. The way I understand it is that I will be paid back from May 2012 to one month prior to the start of my 2016 compensation payment. Lois

GBArmy, I get what you are saying, but I am only asking if I will receive back pay for only the 40% for the cervical condition claimed in 2012 or 70% which was included 40% Right Radiculopathy and 20% Left Radiculopathy. All three conditions were initially awarded together in 2016. I am just wondering since I did a blanket request for an earlier effective date prior to 2016, if the Board of Regional Office will retroactive award an earlier date for the entire 70% rating. Lois

Hello, ! was awarded 70% effective September 2016. Afterwards I submitted and perfected an appeal to the Board of Veterans Appeals (legacy). Later, I requested and was allowed to op in to the new AMA system. Long story short. I appealed an earlier effective date prior to 2016. Note that initially in 2012 I only claimed a cervical condition, but as the claim processed through the year, the radiculopathy was subsequently diagnosed and given the same effective date as the cervical condition. Awarded 40% Cervical, 40% Right leg radiculopathy and 20% Left leg radiculopathy The issue is that in 2012, I was denied for the cervical condition and did not appeal. I understand and understood at the time request to reopen in 2016 that that decision was final. I was recently Granted an earlier effective date prior to 2016 and was awarded by the board. I am not sure how far back the the effective date will go. However, my question is as follows: Will I be paid back pay for only the cervical rating of 40 percent or the entire 70% rating that was granted in 2016. I specifically requested that the effective date be prior to 2016. Not sure how they will break it down sin prior claim in 2012 was only for cervical condition. It is understood that the obvious reply that I receive on this site is to wait for the written decision, but thought that I could possibly get some kind of an idea from members of this Forum. Any feedback will be appreciative. Thanks, Lois

Hello, Can someone who have experienced this situation or knows the answer, let me know what happens when your appeal was closed before the Evidence Intake Center Scanned in your VA form 9.. Thanks, Lois

BroncoVet, Thank you, I will take your advise. Lois

BroncoVet, Yes, I have viewed the pending claim in my VBMS disk that was received from VA. There are several supporting documents of the reopened claim, which VA reopened on month after the initial denial. After 5 years of development, I received a statement of non-availability of Service medical records and it seems that VA archived my claim shortly after. As I stated in my original post, a letter was sent to VA by me inquiring about the status of the pending claim, and I was told that my claim folder had been sent to St. Louis. I was informed that after the claim file was received that they would begin to process my claim as a claim for request to reopen. None of the evidence or correspondence assembled during the 5 years of development of the pending reopen claim was noted in the new decison, which was denied due to no new and material evidence. The last final decision noted was the one that was reopened by VA themselves. Lois

If a claim is categorized as reopened, is VA required to issue a rating decision. Is their any other types of unofficial VA decisions (non rating decisions) for a reopen claim. Years ago, my claim was denied and within one year of that denial, it was reopened by VA and continued to be developed. After 3 years of continued development of the reopened claim, I was provided a statement of non-availability of service treatment records and at the bottom. a few years after receiving the statement of non-availability of SMRs, I requested a rating of my pending reopened claim and it was treated as a claim to reopen and the date of the denial prior to the reopened date was given as a final denial. I have documentation showing REOPENED and communications between me and VA during the development of the reopened claim, again, which was reopened by VA within one year of the denial date. I welcome your input.. Lois

Can some inform me how incapacitated episodes effective date is determine when part of qualified incapacitating episodes were after the initial claim which granted a lesser rating. Example: Rated 20 percent for IVDS. Approximately three months after the 20 percent rating, I met the 40 percent rating requirement for IVDS based on 4 weeks of incapacitated episodes, but less than 6 weeks. If I submit a request for an increased rating, will VA give me an effective date of the new request for increase or will they go back to the first of the 12 months of Incapacitating episodes? Thank you Lois

Is it normal for the veteran affairs to give a single higher rating for multiple severe conditions. Rated 50% for multiple sinus conditions, but the individual diagnoses does not match the higher rating. It seems that it should be lower, based on the combined rating calculator. The only thing that I can think of is that the rater took into consideration that I have been suffering from the multiple sinus conditions for many years without any improvements. Lois

GulfVet45 I appreciaate the feedback on this. I will contact my doctor's office tomorrow and ask the receptionist how I go about getting a conference with the doctor about the DBQ form. I selected and saved the correct one. Thank you for the site information! Add

Can someone tell me if it will benefit me to have my private physician complete a DBQ while my claim is in the appeals phase. It has been certified but is still at the VARO. Also, can the DBQ be forwarded without the veteran participating in the Fully Developed Claim program? Based on what you have experienced or the knowledge gained from elsewhere, do you think the VARO will reconsider my claim at thier level if the DBQ is submitted during the appeals process. Or do you think that they will simply ignore the DBQ and forwad it to the BVA once the claim is called up for review. Thanks

Deanbrt Yes, the subject(claimed condition) in the newly opened (closed and complete) claim is the same condition that is listed in my SUBSTANSIVE APPEAL claim. The issue that I have is that while the appeal claim is still listed as a SUBSTANSIVE APPEAL, VA has taken away the "CERTIFIED TO BVA" status. Have you heard anything regarding your claim that was handled in this manner?

Deanbrt You are correct. A new claim was reopenned and the Status is now "CLOSED AND COMPLETE". with Appeal Possible. No Ab4 or AB8 letters in EBENEFITS! I am not sure what is going on now! in EBENEFITS APPEAL section the claim is still showing as a SUBSTANTIVE APPEAL (Claim/Eveience never received by BVA). And the new claim is complete and closed. Can there be two claim processes(BVA APPEAL and VARO COMPENSATION Decison going on at the same time for the identical claimed contention?!!! Thanks

Berta Thank you for koodos, it really make me feel good that I have done something that may have helped my claim. So what happens to my VA form 9 (Substantive appeal to BVA)? Will I have to prepare another VA form 9 if another SSOC is sent to me for the claim that is already in Substantive appeal status? Thanks again!

I was informed by the VSO that my Substantive Appeal claim status in Ebenefits no longer showed 'Certified to BVA" because the VARO pulled the VA form 8 (whatever that is). The veteran's assigned VSO told me that the VA had the right to pull the VA form 8 and send me another SSOC despite me receiving a SSOC already. I wrote a letter to VA after the appeal was certified to BVA (claim still at VA) and pointed out a serious error that was made by them. I think this is what caused the VA to pull the VA form 8. I feel that my Substansive Appeal claim status should have remained "Certified to BVA" and not withdrawn by VA. I read somewhere that once a VA form 9 was submitted, VARO must certify the claim to the BVA and assign a docket number. What happens to the docket number if they took the Substantive Appeal out of "Certify to BVA" status? Does the VARO have the right to send me another SSOC based on the review of my letter to them expalining the obvious error or should they have left the claim status as "Certify to BVA"? I have been waiting for a reply from IRIS regarding my appeal status for over 2 months. My assigned veteran service officer told me that VA was processing my appeal correctly and that I should just wait it out. As far as I am concerned, something does not seem right with the way My appeal is being processed. Any thought?

Medic I am afraid to contact the 800 number. One operator put a statement in the sytem that got one of my claims totally off track. It took a year to starighten it out. On the good side the 800 rep was at least making an attempt to help. Thanks for sharing your experience. every bit of information recived from this forum gives me some idea of the possible situation with my claim. Good luck with the progress of your claim!

Thank you bot for the feed back! Oldranger I hope yours get some attention and movement in the very near future.

Received standard VCAA letter in July 2011 and submited additional evidence back with VCAA reply in the same month. From September 2011 until 22 April 2012, Ebenefits show the claim status as GATHERING EVIDENCE" and the standard DEVELOPMENT LETTER SENT statement. On 23 April 2012 Ebenefits status shows; CLAIM CLOSED; COMPLETED; APEAL POSSIBLE; with the DEVELOPEMENT LETTER SENT statement still there. Ebenefits never showed REVIEW OF EVIDENCE; PREPARATION FOR DECISION; PENDING DECISION APPROVAL; or PREPARATION FOR NOTIFICATION statuses. THe claim status just jumped from GATHERING EVIDENCE to CLOSED and COMPLETE???!!!! QUESTION 1: Does anyone have a possible time line as to how long it will take before Ebenefits status shows DECISION NOTIFICATION SENT? If so, please give me an idea. QUESTION 2: Has anyone ever had a claim status jump from GATHERING EVIDENCE directly to CLOSED and COMPLETED? Any feedback no matter how short would be greatly appreciated.

Yes, Appeal no longer certified and claim is closed.

Hello All Claim that was recently "Certified to BVA" is no longer "Certified to BVA". Nor has it been sent to BVA. It is now closed! Any thoughts or VA past experience theories?

All Is it 90 percent certain that the claim has been denied by VA when there is no AB4 or AB8 in Ebenefits letter generator after the claim has been closed/completed by the VA?? From what I am reading on this site, That seems to be the case. If someone can chime in, I would really appreciate it. Thanks Lois

No, it was Wednesday. That it why I am concerned that it may be a denied claim.

All Status in Ebenefits shows CLOSED and COMPLETE, but no rating info in letter generator. What are the chances that this means that the claim was denied. I personally think that this is a good indicator of a denied claim if the letter generator does not show a letter in support of an award or rating. What is your experience with this type of ebenefits status. Lois

All Anyone ever had a situation where the claim status in Ebenefits went straight from GATHERING EVIDENCE to COMPLETE. Their was no indication in Ebenefits that the claim went through the PREPARE FOR DECISION, PENDING DECSION or NOTIFICATION statuses. Any idea why! Lois