Search the Community

Defense Bill Would Add 3 New Diseases to Agent Orange Presumptive Conditions List | Military.com

Request to Reinstallation for Sleep Apnea and Low back condition claims Back in January 2021, I received via mail a CD containing information to be used before the Board of Veteran Affairs for the MDD condition. I discovered VFW submitted a document on Jul/2011 where he withdraws the claims for Sleep Apnea and Low Back condition. This was the first time I learned about this document. For the claim of Sleep Apnea, I hand-delivered favorable IMO to the Hearing officer in 2010 and at the time they had also an IMO for the Low Back Condition(2008) along with a full medical report from the same doctor. After reviewing the CD and my paperwork, I asked the VA via phone on Feb/2021 about communications between July and September 2011. The VA representative emailed me a document dated 8/1/2011(attached) with multiple issues on it and an indication of; “We also withdrew all other issues on appeal as per your Veterans of Foreign Veterans letter dated and received July 2011". I kept working on the claims throughout the years; these were done in two different RO and to all effects VA indicated that they were working on these claims as presented in their communications on Feb/2012 and Jun/2012. Interestingly, for the latter communications, VA does not indicate a withdrawal of appeals nor that my claim is “reopened”. Finally, on Apr/2013, VA use different wording like “denied the reopening” since “Evidence no show event, Evidence not new. Claim not reopened. Not Substantive”. While still, VA did not evaluate IMO on the record. Out of frustration, I did not further pursue these claims; until I received the CD in January 2021, and realize that my claims for Sleep Apnea and Low back claims were withdrawn without my consent in 2011. Significantly, the VFW letter offers a conditional appeal, where indicates: (1) “As longer his appeals for increase in the other conditions…”, (2) “He would be satisfied with the decision made,” (3) “This withdraw does not mean…” Additionally, there’s an undated additional handwritten note in the printed proposal that indicated another “conversation” with the veteran. As I learned under Warren v. McDonald, docket no. 15-0641 (Sep 14, 2016) it is, held: An appellant or his/her representative may withdraw an appeal, but unless the withdrawal is on the record at, it must be in writing. A withdrawal “is only effective where withdrawal is explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant.” I tried to get a hold of the VFW trough 12 emails (for 2 months) and multiples calls without success. I did change the VSO. Also, I wrote a letter detailing the events to the VA. Now the VA wants the request in a Form (20-0995). This form explicitly indicates that is to be used for “New and relevant evidence to submit for VA to consider”. I request that my claims of Sleep Apnea (2008) and Low back(2005) be reinstated at their original claim date since they were worked continuously since their inception and there was evidence that were not evaluated. As today My sleep apnea is worse indicated in a VA Study in 2019 and had Spinal Fusion in Kentucky (2015). I appreciate any help you can provide.

Hi Everyone, USN 62-66 EN2 , Da Nang 1965-66. Been lurking for awhile and decided to come aboard. Trying to understand that mysterious word VA. bbirder2

Anybody ever have a new claim disappear off of eBenefits completely? I filed a new one based on information received from my SMR's when I received them from the National Personnel Records Center. The VA was supposed to have retrieved them under the VCAA, but they were never in my C-FILE, so I obtained them myself and filed them with the VA. I filed the new compensation claim in August, 2014, and it has been sitting on idle in Under Review for several months until a couple of days ago, when it disappeared completely. All other claims and information is still there. Anybody have this happen? Mark

I hardly ever read the inbox messages- others can help you here- it seems you have done what you needed to do with the TDIU claim-but I hope you can scan and attach here the decision that combined the tinnitus and the HL percentages. The VA might have made an error in combining them. Please cover your C file #, name, address ,prior to scanning the decision. "Tinnitus. The condition of tinnitus almost always results in a disability rating of 10 percent. Similar to hearing loss, this singular 10 percent rating takes both ears into account. However, it is possible for veterans to receive separate disability ratings for both hearing loss and tinnitus. Getting VA Disability Benefits for Hearing Loss | CCK Law cck-law.com › types-of-va-disabilities › hearing"

so my claim was submitted on 12/12/2016. I submitted for bipolar/depression (reopen) and tinnitus (new). I sent it in as an FDC with all my evidence. I checked ebenefits on 12/21/2016 and the status is already showing preparation for decision. Is this normal? I haven't even gone to a c&p exam, I haven't recieved any correspondences or anything. For the bipolar depression it is a reopen because when i first filed in 2011, I missed my appointment. After I missed my appointment, the VA sent me papers (back in 2011) saying that they see that i was treated for depression during active duty. but since i failed to show up to the appointment, it was denied. So now i've sent a ton of new evidence that supports my claim and they've reopened the case. But does the speed with which this is progressing means that i am being denied? As noted below, ebennies is showing that the va rep has already made a decision, in less than two weeks. With no exams or anything... What does this mean... Is this normal? have i been denied? Is there a phone number i can call?? im freaking out. Here's what ebenefits show: Estimated Completion: 01/24/2017 - 03/04/2017 STATUS: Preparation For Decision The Veterans Service Representative has recommended a decision, and is preparing required documents detailing that decision. If more evidence is required, the claim will be sent back in the process for more information or evidence

Greetings, New here but doing some research. 50% protected and going through a Increase review, Currently sitting in the per-verbial "PREPARATION FOR DECISION" stage I forgot what it was like to go through this. Then I sign up for ebenifits and found my service rep forgot to put for a increase in my 0% SC liver problem (NAFLD/NASH) and to attempt to do DMII as secondary to same said condition, when I questioned him on it he said I should wait till the current claim is done and the reason he didn't add them in the first place was the 0% one wasn't in his computer system and to open a none FDC will take years to complete so getting this done first is best. anyways I'm here to research and re-learn the system to get the first 50% took three years of filing and appealing. Oh what fun. Anyways I am glad to have found this site... Mike

Greetings to All: US Army (Combat) Vet and daughter of (RIP) USMC Vietnam Vet. Joined with the expectation to learn, and perhaps, even make new friend or two. Am presently in the "Development" phase of a S-C PTSD Claim (Aug 2010). Informed I may have Decision & Rating not later than 31 Jan 2012, so am psyched. Hope all other claimants are having success. I close wishing those who are observant..a very nice, peaceful Holiday Season and safe New Year's. Scorpio Rising

hello all, im new to this site, have viewed a few things here before joining, and i gotta say theres a lot of good useful information from veterans that have been through the process with the VA. more infomative than calling the 1-800 number or waiting for iris. i just want to say thanks for all the info, advise, and support that everyone on here posts.

I thought would take the time to introduce myself. Age - 66 USAF 1963-1967 - Security Police Vietnam 1966-1967 Four months at DaNang Air Base , Eight months at Dong Ha Air Base Through her job my wife met several Vets who have received claims for IHD. On further inquiry, she wondered if I might qualify. I have had a mitral valve replacement, triple bypass surgery and three carotid stents. I have been to the local DAV office and met with a couple of VFW volunteers. They talked with me and gave me forms to fill out, including VA Form 21-0960A. I have an appointment to see my cardiologist next week. Would appreciate any input. Thanks, Jerry