Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
brokensoldier244th
-
Posts
3,534 -
Joined
-
Days Won
121
Content Type
Profiles
Forums
Events
VA Disability, benefits, news and more.
VA Benefits News
Store
Posts posted by brokensoldier244th
-
-
Don't worry about citing regulations- just make sure you are citing relevant ones. I get letter header from legal eagles both legit and somewhat less so all the time sent to vet files that are 3/4 Pub Med/strings of legal text that have little bearing on the file. Its meant to intimidate and drown the VSR (me) and the rater in crap. Some of the 'paid-we help veterans' type places are like this.
Honestly, its more likely to make someone MISS something because you get stuck looking up all the stuff the lawyer cited and filtering out a lot of the pub med/web md stuff. Unless you were a part of a medical study specifically those are only anecdotal evidence- you have to get your doctor to cite the same study and explain why your symptoms are similar and relevant to those of the study participants because studies are designed and defined around pretty specific criteria for each one, and that definition and criteria has to be about the control and study group specifically to be a good study (confused yet? LOL, I had to do a few of these in miniature for my last degree, though not medical, they same rules apply).
Bronc, however, gave you the right one up above, so you are good there. Did you appeal immediately after your first decision? If so GREAT! Your original effective date would be in play- if not, your effective date will be from whenever you file the new one. Advice #2 - a supplemental requires either New or Relevant evidence. I get some 0995's from veterans that are the equivalent of "i disagree..." and then....nothing. They don't tell me what to look for, what's new, what they think was missed, etc, and then I have to try to needle in a haystack the whole thing again. If a claim is filed as an 0995 and has no new or at least relevant evidence its a denial by definition. The rating decision list of what was reviewed is your friend, here. If its not on the list its "new", if it is on the list and you can point out stuff that was obviously missed its "relevant". At least have an idea (you do) of what you think was missed and cite that.
You don't even have to send in the whole mess again, but if you have the relevant pages of what you are citing by all means send it in- and underline or highlight the good parts. Heck, type up a short coverpage of what you are contending and where-ish/when-ish/what-ish it is in your records and Ill love you forever. I WANT my job to be easy. I love finding the needle, don't get me wrong, but its exhausting to do that much digging for a thread when I can 'feel' that its in there somewhere, when Id rather have a basic, well defined idea of what I'm looking for. I don't need a term paper and you don't need to be an expert. Just give me/a vsr enough that we're not going on a complete spelunking expedition. Your claim will get done faster and you'll probably be rated better for it.
-
You can file an 20-0995 and point that out, along with the onset and specifically refer to that part of your service record so it doesn’t have to be dug through again. It’s *possible* that the HAIMS strs and personnel files that were sent from the service wasn’t extant, it wouldn’tn be the first time I’ve re-downloaded strs or OMPFs and find stuff that wasn’t in them the first time around when they were sent the first time (not from the vet, the automatic transmission that happens when you out process). CUE has to allege not only that you disagree but exactly why, with specifics.
Here’s some info on CUE. Just ignore the attorney part- I’m not promoting them, but the info breaks it down pretty good.
https://www.veteransdisabilityinfo.com/clear-and-unmistakable-error-claims.php
-
The up to 90 days is on top of whatever the normal response time would be.
-
They I dont know. I don't ever work with champ VA except personally w/ dependents (my own)
-
1 hour ago, minerva18 said:
Thanks for the reply, do you know how quick they are to suspend benefits after a death is reported? Reported yesterday to them and hoping that was in time for January to not be paid.
You should be fine. VA benefits aren't batched and queued up to be sent until the later part of a given month. Keep an eye on it, though, it sometimes happens but it is rare.
-
-
Its a pain for us, too since we use an internal version of the same M21-1 that you see, our is just searchable. It all comes from the same place, though, so I have to constantly check references that I cite when im putting notes into a claim to make sure that my old saved PDF/PPT/whatever i'm using isn't referencing a black hole.
-
9 minutes ago, Mr cue said:
Are you say that the problem isn't the va.
Ok I get letter from the us court of veterans appeal in 5 days.
I get letter from the cavc attorney for the va in 5 days
I get my mail from any other ppl in the same time frame.
But now us veterans are to believe the va can process letters and it's on everbody else
And that they can't go back to processing letter like they have for 40 years.
The va suck and can't read doesn't follow its own va manual.
This is my opinion.
If a contractor can handle the contract yes it's can be cancel by the government.
They are not living up to the contract.
Sure it can be cancelled, and then re-bid, and then the bids have to be evaluated, etc etc- but you want an instant solution, and there isn't one.
-
The system calculates based on subtracting from 100% whole, the same way that an insurance company would calculate. It may be a crappy system but its not VA's invention. If the veteran is rated at 95.5 or above the result is rounded and you have a 100% rating. You don't need a 100% rating on its own to be 100% rated.
-
1 minute ago, Mr cue said:
I feel like this with this mail thing.
A veteran has to be on top of things now.
I also have not received any letter from Nov.
I call the 1800 and have them fax over.
They are not give the veteran the you have to wait 7 10 days to get it fax anymore.
So my advice is to be proactive with your claim.
Because this mail thing make no sense.
First they blamed it on the USPS.
Now it the contractor.
Ok then why do they have a contract.
Ppl they are try to get rid of the va system this and the comp exams
The community care. Are all examples
I see the writing on the wall
You realize that multi-whatever dollar contract can't just be dropped, and an a new one started, right? Never mind that VA, nor any other agency right now has a budget approved so they can't just go spend money on things that weren't already appropriated. The USPS sucks- that's no secret, so yes, there is blame to be had, there- not a VA issue. The contractor that is used for government mail does mail for everybody, not just VA, and I would bet that the reason that contract exists is because there isn't anyone else that can do it at that capacity. Does it suck for veterans? Yes. Will be change anytime soon? Doubtful, but for many more reasons than just "VA Sucks ™".
-
Unless something is glaringly obvious as an error, or you've had major improvement, or you have multiple conditions tied to this one that you are asking for an increase for, we schedule the exam for the contention that you are seeking to increase. It's an easy claim, it doesn't require research for service connection which involves digging through all your stuff. A claim for an increase focuses mostly on your more recent treatment, whether private or VAMC. You are already SC for whatever you are claiming, there is no need for us to reinvent the wheel, and reducing someone is at least twice the work of continuing or increasing a rating. With as many claims as we have to go through we don't have time to do a lot of spelunking around for something that has already been determined to be both SC and static.
-
As some of you may know (or not know), the M21-1 has been in the process of being reorganized for several months.
If you have cheat sheets, etc of M21-1 references likely some or even many of them are going to historical sections, or even blank, on the website, looking like this:
The reorganization is why.
Here is the link on the Public VA site to the reorganization matrix showing what chapters/sections were converted, and what they were converted to. You look something up via google or whatever and go to a blank section, likely it was moved. The chart in the link below will show you where it was moved to.
- GBArmy, pwrslm and OH-SCD-VET
-
2
-
1
-
You can get your local VAMC records off of MyHealthVet, going back 3-4 yrs I think. VA pulls that stuff anyway but at least you'll know what's in there.
-
You don't need a law firm for an initial filing, and most won't take it, anyway- there is little incentive for them because the backpay will probably not cover the filing, and you can do it yourself anyway and get all the money. Save the legal stuff for if you have to file an appeal to either VA local or the Board.
File a 526ez for migraine and put that you are claiming it secondary to whatever you think its secondary to. Make sure that you have either kept up with treatment at VA or private, and if private, fill out a 21-4142/4142ez at the same time to send in so we can have release to request your private provider records (or request them yourself and send in the relevant parts- its faster and not all doctors respond to our requests- they aren't required to). The VA or Tricare stuff we can request already because they are federal.
It will help if your doctor/PCP/Neurologist, whoever you see can write up something either in your medical notes, or to you (preferably both) so that you can submit it or know that its in there when we request those records that says that 1. they are familiar with your military service and PTSD condition, 2. have been treating you for X long, 3. note how many headaches a month you have and what symptoms accompany them and what you do to mitigate them, and 4. if they can link any literature citations RE: PTSD and Migraines and YOU all the better. Its pretty common that migraines are a subset of PTSD but if you just link some random study that you weren't a part of that study doesn't have much value unless your doctor can say "yeah, this study says migraines and PTSD, and my patient fits the criteria.
Also, the wording helps if you can mirror what is on the DBQ that the examiner for VA/Vendor will be using- that language is "At least as likely as not" (meaning 50% or greater chance that your X is connected to Y). "Less likely than not" means less than 50% chance. While the exact wording does not have to be word for word, It does make it easier to find when we search your evidence to include with the examination request and it mirrors the DBQ form and opinion that the examiner will write. A nexus letter contains a definitive statement AND some rationale as to why. I see a lot of nexus letters that say X is connected to Y and no explanation tying the two together, whether its observation, study evidence, whatever. Sure, it may be buried in your medical notes, but if you have 1000 pages of notes its a lot harder for me to find and cite/highlight so the examiner and ultimately the rater sees it.
Even better if you can get them to fill out the attached DBQ for migraines and write a letter together that you submit.
https://cck-law.com/blog/will-va-doctors-write-nexus-letters/
https://www.benefits.va.gov/compensation/docs/Headaches_Including_Migraines.pdf
-
32 minutes ago, broncovet said:
I can see that the above VA statement "wont work" for all Veterans, leaving many to slip through the cracks. Reasons:
1. There is no guarantee that the delay is NOT longer than 90 days. Should the Veteran be denied or reduced because he did not get the letter for say, 91 days??
2. There is no guarantee that the problem is fixed in the very narrow 6 month time period, above, from July to December 31, 2021. In fact, I think these restrictions are laffable. Yea, right, its gonna be "all fixed" by Dec. 31..and you are gonna sell me Ocean Front Property in Kansas.
Its clearly a bandaid approach, and the bandaid will "fall off" for many Vets.
Why doesnt the VA ask Vets about such things, say on hadit? They dont even ask their own employees, and the experienced ones probably know it wont work either. If this "really" works for even 99 percent of the Vets, I will eat crow and post what an idiot I am online here at hadit with an apology to VA.
Remember, for it to work, each and every employee will need to know about it and implement "click 90" every time...and they didnt even know about it, for 3 months..as Broken soldier explained they didnt even tell them till September...that they were supposed to do click 90 in July.
We don't just 'click 90'. We can adjust the suspense date (waiting time). The first 30 days of the extension started when we got the email from National and it became effective. As far as whether or not its a band-aid I have no idea, I don't work for the GPO, and since they are the only ones that process mail going out to people from federal agencies VA isn't the only one that will probably have to adjust dates. We have to leave notes on every case we touch or its flagged for review, which in turn counts against the various scoring metrics they use to keep track of what we do individually. No note = instant credit lost on the particular claim. Since we have to meet a certain amount of 'work' each day to be considered effective at our job, along with a separate category of 12 different areas of the claim that we are rated on, the incentive is high to not screw it up. If a note such as "advanced suspense date" is left and it wasn't actually done its very easy to see in the table of various items that a claim is waiting on.
Maybe its fixed in Dec, maybe its not. It's not a VA problem specifically- the GPO is its own thing entirely, and they print for everyone not just us. The 90 days is not a 'fixed' date in time, either. Again, not sure what you want VA to do- they aren't just going to truck several thousand letters down to the local PO every day, never mind that individual RO's have never had that kind of printing capacity.Ask what on Hadit? We can't surf the web at work due to security and HIPAA. VA is not going to post stuff in public user forums on the internet. As for not telling us until September, it took us and presumably other agencies the 30 days between July and September to know that it was happening- most VA letters have a 30 day response window, and then some of them have a follow-up, and anything we send goes to both the Veteran and the POA (if they have one). So, if a VSO or veteran gets a letter that says something to the effect of "we are re-requesting" or "still waiting" or some other such it is an indication that they didn't get the first letter. I don't know if that is what alerted GPO to look at the issue, or if they found it on their own.
All I know is that when I get a veteran claim and I look through it, I look at the dates of various events that have or have not been responded to or done. If its a letter to a veteran I look at the date it was created (if it wasn't mine) and calculate based off of that date. Right now if I see a letter dated 31JUL or later, and there has been no response, I advance the suspense date and make a note about what we are waiting for. We'll continue to do that until we hear that it is fixed. There isn't much else we can do. -
Yup, I've been in "click 90" in 30 day increments since early Sept when they told us about it. Took them(Gpo) through Aug to realize that things were submitted by us (and others, I assume) and looked sent on our side didn't all send. Some did, some didn't. I don't know all the details but not my monkeys, I don't work in IT anymore.
-
Thanks. Didn't know that. I knew what SMC K 'is', I get it, I didn't know they counted it as 'missing parts'. "K" is on its own, though, and I don't think it gets combined with others.
63Charlie- Here is more than you want to know (or not). Scroll about 2/3 down and you can see some expandable toolbars that show you what each category means under "How we assign SMC levels L through O"
There is one more category "T" for debilitating residuals of TBI. Its not listed on the VA page, and its a relatively rare occurrence. Here is a non-VA link that briefly explains it: https://cck-law.com/blog/special-monthly-compensation-series-smc-t/
There is the link to the main VA page describing the others that I talked about above:
-
Usually only if you are missing parts of you, TBI, Or require constant managed care.
-
You can just get it. All dbq forms are publicly available on Va's website.
https://www.benefits.va.gov/compensation/dbq_publicdbqs.asp
-
-
Depends on what his medical notes say, what he's put as symptoms and explained to his doctor, and the severity of the MVA. I had a veteran the other day claiming, basically, complete musculoskeletal system failure from an MVA in svc, but proceeded to re-enlist w/no waivers and NCO evaluations praising them on their PT fitness as they led groups, among other things.
They also claimed depression, along with chronic pain from the MVA, yet never had issues with it again. They also claimed 20 yrs later with 2 VAMC visits in between discharge and their claim, and one of those visits was an 'intake' and registration only.You can't just toss off every low rating is a 'low ball' rating. 10% exists for a reason.
-
allergic rhinitis should be its own thing, if you were a gulf war vet. They recently changed the ratings schedule for it, and extended the delimiting date for claiming it to 2026.
-
There have been some studies done but you'd have to get your doctor to cite one or more of them as a cause of your rhinitis. It tends to be more prevalent in females than males but that was only in one of the studies I scanned through, and I think that had to do more with Hashimoto's rather than non-allergic.
https://pubmed.ncbi.nlm.nih.gov/20626323/
https://www.sciencedirect.com/science/article/pii/S2095881120301694
-
Yes, through Release of Information, or you can log onto MyHealthVet and download them there, also.
I believe I have a CUE (or multiple)?
in VA Disability Claims Research
Posted
Usually a supplemental is ED'd from the date of its filing BUT you have evidence that shows earlier onset and that you complained earlier (the denial filing, and the Sep exm). 3.156 addresses the potentiality of an earlier effective date already based on records not received. It also makes note that sometimes VA receives records after the first request for records from the service(s) either that were classified (I worked on a claim from a guy that was legit in Seal Team 7 the other day where I was the 2nd go around with new records received- that was an eye opener) or just weren't received. Like I mentioned in an earlier post(s) sometimes VA screws up because what we got when we requested the first time didn't have the thing that the veteran eventually wins on. Thats certainly not meant to be taken as a blanket statement absolving the VA. I have been a veteran for much longer than I have worked at VA- I got out in 2002 and I didn't start as a VSR until 2020.
Incidentally for you watchers at home, I have applied for an internal ratings position that rarely but sometimes becomes available as low as GS 9-10. We'll see what happens with that. Getting back to our regularly scheduled program-
I see a lot of records from prior to the mid 2000s or so where the initial files sent to VA with your discharge have like, 10 pgs of STRs or only your enlistment contract and initial MEPS documents and maybe a 214. Its really frustrating to me because 1. I have to reinvent the wheel and re-request them, and 2. a lot of the time veterans were rated or have ratings already and I can't figure out how since there are *wait for it....* no strs or personnel files. WTF?