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Everything posted by brokensoldier244th
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Anxiety condition award start date
brokensoldier244th replied to Riplip's question in VA Disability Claims Research
EED's suck. Not for you all, like, I'm not denigrating it at all. If you are due for an EED I'm all for it. Seeing them from MY side, though, and I only develop information and I don't rate- yikes. Its a real minefield to wade through, regulatory-wise. -
Rating and award
brokensoldier244th replied to Waitingtoolongdave's question in VA Disability Claims Research
At our RO, yes. I don't know if it's left up to the RO, though. -
Rating and award
brokensoldier244th replied to Waitingtoolongdave's question in VA Disability Claims Research
For many of these, throughout Covid, we've been issuing partial rating decisions on what we can, and deferring the parts that can't be, unless they are intertwined or dependent on one another. That's at our RO, though. -
Anxiety condition award start date
brokensoldier244th replied to Riplip's question in VA Disability Claims Research
No need to delete- its a good reminder that, if you are unsure or something, file the appeal. 'You' can add new information to it if you are doing an 0995, so if there is an inkling of an idea that you don't have documentation for and its federal, you tell us, and we dig for it, and you can as well if you wish-, or private medical- either way, let them know on your claim so they know that new evidence is forthcoming so they keep the appeal open. As you know from reading here some of these guys/ladies have kept appeals going for years due to a lot of things, sometimes waiting for records from somewhere or another. If the appeal is continuing, the effective date is the original DOC (unless you are appealing EED, thats a whole different ball of wax). If you let it get away from you, though, then its final after a year. -
Camp Lejeune Presumptive Condition
brokensoldier244th replied to pawmbi's question in VA Disability Claims Research
Camp lejeune had always been covered for exposure. PACT only lets you sue them, too. The letter says renal failure, the regulation says renal cancer. Point out that you have renal failure because of renal cancer. Not every VSR has the same level of experience with medal terminology and generally rather than get bogged down in medical Latin we'll ask you for more info if your dx doesn't match the regulation. The raters take far more classes than we do regarding body systems and affecting conditions but they don't see it until after we do, unless the vsr is more experienced and had built up experience or internal contacts to ask about things like this, or has a medical dictionary and the rating scepter on their shortcuts list, or knows that they can look up prior appeals court clues. This isn't part of VSR training, it's stuff you pick up as you go. The first year and a half of a VSR is class learning regulations, training, not screwing up, and about 6 months of actual claims work, and VA has hired a lot of vsrs in the last year.- 2 replies
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Avoiding VA Contact
brokensoldier244th replied to glashutte's question in VA Disability Claims Research
If you are getting vamc treatment it doesn't matter if it's for SC or not. They are required to attempt to recover costs. Thank Congress. -
Initial Mental Health Evaluation
brokensoldier244th replied to ASU_0331's question in VA Disability Claims Research
Released to who? They are medical records, unless there is a signed release, subpoena, or a court order they don't get released to anyone. GAD can fluctuate in a given day, same as PHQ. They aren't definitive tests on their own, their value is more in establishing trends over time. Can you file a claim? Yes. Is your claim going to hinge on the two tests above? No. GAD7 is an anxiety base line, pHQ is depression. -
VA health records
brokensoldier244th replied to Ken Dillon's question in VA Disability Claims Research
Yes, if its VAMC treatment. Some private practice doctors will send stuff to VA IF YOU TELL THEM TO- they can't just send it UNLESS you authorize it with a record sharing request, or it was a community care appt. Comm Care counts as VA even though it is private. That said, sometimes Comm Care providers don't always send the records back to VHA to get into your VAMC records. That's why whenever you file a claim if you have private treatment, or community care treatment, tell us so we can send you a 21-4142/4142a (or fill one out on your own). It gives VA release, for 1 yr, to request records from whatever private providers you put on there. -
So what? Kind of a lousy delay tactic when its not delaying anything. Its not holding up his claim- he has his exams.
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Don't yell at me, I don't know the history of your claim, and I didn't ask for your 'tude. I'm just telling you what its for, and why its required- its a legally binding agreement. If your attorney didn't notify VA that you canned him then it needs to be taken off the record if it is still on there. If you didn't expressly revoke it before, then its still in effect, just like any other legally binding contract and it needs to be removed. There are requirements for that, and this form is one of them. If you already filled them out and sent them in, then fine, that should be it.
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If you aren't currently represented now but they are saying you need a 21-22 it means that you never revoked your original POA, probably, or at some point you sent one in and the form is incomplete in some way, so from VA's point of view it needs to be corrected. We have no idea if you revoke a POA until you tell us, or they tell us. They don't always tell us, either 21-22a is for Attorney representation, 21-22 is for VSO/Service Organization representation- big difference, two different forms- they didn't change. In order to revoke you either have to do it Expressly- meaning you notify VA IN WRITING that you don't want to be represented by X,Y,Z, or, you fill out a 21-22/21-22A and appoint someone else. https://docs.google.com/viewer?url=https%3A%2F%2Fwww.benefits.va.gov%2FWARMS%2Fdocs%2Fadmin21%2Fm21_1%2Fmr%2Fpart1%2FM21-1MRI_3_secA.docx%23%3A~%3Atext%3DWhen%20Representatives%20May%20Revoke%20or%2Cadversely%20impact%20the%20claimant's%20interests.
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Claims filed when there is an OTH discharge
brokensoldier244th replied to d1ray's question in VA Disability Claims Research
The documentation from the Discharge review board says that once they make a determination it is final. Occasionally new information will come to light that allows VA to make a new determination, but the information we rely on is about 99% what we have to request from the Service anyway (court martial/JAG notes, shore patrol, CID, etc) and the Discharge Board would have already had access to that, often easier and faster than we do. So, its not often that a character of discharge changes after a DRB because they already rule based on the same information we would have had to get from them.- 15 replies
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- 38 cfr 3.156
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Ebenfits has been in a decommissioning status for over a year, its not a surprise that there are outdated forms on it. What form was it? The form date is clearly printed on the bottom, and any form that is modified or updated is still good for 1 yr past that date, but no longer. There is no pretext. The form is outdated, there is nothing you can do about it other than re-complete it. Some forms are modified because the legalese behind it is modified (like HIPAA language) or ratings criteria language to the examiner. Some forms, like 21-4142s and ITFs are only good for a year anyway. If you were told the form is outdated, then it is outdated, and is no longer valid and must be resubmitted. It is obviously not delaying your claim if you have an exam scheduled, so just fill out the form.
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Avoiding VA Contact
brokensoldier244th replied to glashutte's question in VA Disability Claims Research
Yes, they can see your Efolder and get things. Will they have time to do so? Well........that's a different thing altogether. No- they are not medical people any more than we (VSRs) are, and they have have no place in the claims process other than to help you facilitate filing claims- why would they report otherwise? -
Avoiding VA Contact
brokensoldier244th replied to glashutte's question in VA Disability Claims Research
One has nothing to do with the other. There is no 'extra cautious'- it is irrelevant to the claims process. -
Avoiding VA Contact
brokensoldier244th replied to glashutte's question in VA Disability Claims Research
You telling the VA they can't bill your insurance is funny- because they don't have to listen you at all. They are required to recoup costs, and their billing your insurance satisfies your deductable so it's not hurting you. Legally, they are required to bill if you have insurance on record. I really don't see the problem. -
Avoiding VA Contact
brokensoldier244th replied to glashutte's question in VA Disability Claims Research
It's not 'supposed to be seen at VA...' you can see whoever you want. We don't have timer to track that stuff, frankly most off you aren't that interesting. I read several hundred pgs a day about 5-10 veterans a day. Honestly, other than a few cases most of your information leaves my head the second I turn off my computer and go upstairs too the living room to play with my min pin. -
Avoiding VA Contact
brokensoldier244th replied to glashutte's question in VA Disability Claims Research
Again, the two aren't related. Two different sets of records, two different sets of privacy rules -
Avoiding VA Contact
brokensoldier244th replied to glashutte's question in VA Disability Claims Research
Roadside assistance/toll fees are state. Nothing to do with us. Requesting decision letters goes through public contact, nothing to do with claims. We're don't access medical records unless it's part of a claim, it's a violation of privacy laws. We have to have release from you to log into VHA, And it's tracked. -
Where to find disability Claims help for FREE
brokensoldier244th replied to Boro's question in VA Disability Claims Research
He asked for where to get help. It was provided. If he isn't comfortable with technology he can get a VSO to help him. You are right, we're don't know. Why assume he doesn't know how to look things up? He found this site, didn't he? He was given some directions to go in, we can't work his claim for him. You suggested, after all, that he could represent himself. That would require research. -
Where to find disability Claims help for FREE
brokensoldier244th replied to Boro's question in VA Disability Claims Research
His percentage is in his profile Icon next to his name on the left sidebar. -
Where to find disability Claims help for FREE
brokensoldier244th replied to Boro's question in VA Disability Claims Research
A VSO is going to be your best bet, they are usually local. DAV, VFW, Amer Legion, etc. There are some Facebook groups that good as well, I moderate or help out in a few. VA Disability Q/A is a good one. There is also Reddit, but that is a bit 'wild west' with a lot of complaining- justified and not, and it gets kinda toxic in some of the areas, so, googling for that would be at your own risk. https://www.facebook.com/groups/392357357635672 -
Presumptive Asthma Claim
brokensoldier244th replied to jm0365's question in VA Disability Claims Research
That's because we're don't have any training or guidance on it yet. It wasn't signed until this morning. -
RETROACTIVE TO DATE OF DISABILITY DIAGNOSIS
brokensoldier244th replied to Brooklyn1977's question in VA Disability Claims Research
Arlanno vs McDonough hasn't been decided yet. -
Claims filed when there is an OTH discharge
brokensoldier244th replied to d1ray's question in VA Disability Claims Research
Yes. The original claim is not adjudicated, i.e. as a claim- there is no rating decision as the claim is barred wither regulatory or by statute. An admin decision is made barring benefits, unless eligible for Chap 17 benefits, but thats only health for the specific contentions.- 15 replies
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- 38 cfr 3.156
- claims
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(and 2 more)
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