Provisional Claim Closed

[Alishape]

I am writing because I finally got my big brown envelope and I have some new info regarding the process. My claim was closed and I was given a provisional rating under the new initiative to close older claims. Several of my contentions were denied, but the letter said I could submit new evidence for a year before the rating decision became permanent. I had some info, but wasn't sure where to send it because according to ebenefits the claim was closed, leaving me with no electronic submission option. Plus the claim said to send the info to the address at the top of the letter. That's cool and everything except for two things. First, ebenefits also states that my claim is on the way to the scanning center and second, my claim was fast tracked at a different RO than my original RO. The address at the top of the letter was not the same as the one on the envelope. Of course being a good ex-sailor I followed the directions on the letter.

I felt a little shakey about the whole thing so I called Peggy. Peggy said that he was going to put in a request to have my claim reopened. That means no lengthy appeals process, and access to electronic document submission if it gets reopened. He also suggested I fill out a VA form 21-4138 statement in support of claim to send in with the documents. I'll keep you all posted on how it goes, but so far I'm feeling pretty optimistic. I wanted to share because I know I had been looking for some info about this new initiative and others will be too. More later...

[gotigers54]

i am in the same boat provisional rating they opened a new claim with an effective date right before my original claim closed with contentions that were originally filed, then they had me do a cnp and i sent in additional evidence and i have been sitting in prep for decision. i am a bit worried they will try to screw me over on the effective date since they opened a new claim which seems really silly and easy to disprove i just hope they really do fast track the second look like they said so if they mess it up again i can appeal and get in line for the long haul.

[Alishape]

Well, I looked on ebenefits yesterday and I have a new apt scheduled for the end of the month. So that makes about five months since my original claim closed with the provisional rating. Not bad, really. at this rate it should be closed out by within the provisional year window (my lips to God's ears) with would make it three times faster than the original!

[gotigers54]

I'm still in prep for decision on my second look for the provisional dated may of this year. they sent me to prep for decision right after i had my cnp in july. I submitted an iris inquiry about the effective date of the new open claim being one week before my original claim closed instead of the original filing date. so far i haven't heard anything back but i'm guessing maybe becuase of the gov't shutdown. anyway i hope this is for the better i read a couple other places that they might not even start looking at these types of claims until the 1 year time comes up because technically they are not showing overdue anymore in their system, im hoping this is not true and they will try to fast track these claims like they said so we can have some peace of mind or move forward with appeals. i am interested to see how others are coming along.

[gotigers54]

still just waiting, used to it after waiting for 27 months for my claim the first round. I am still worried that my original claim reads closed even though i received a provisional so i think i will do like the original poster and call the 800# to ask for it to be re-opened under review like it should. anyone else have any news on their provisionals?

[Motoman172]

Alishape,

My situation is similar to yours in that I am dealing with Baltimore and they sent my claim to Hartford CT. My original claim was filed in 2011, I received provisional last July. They denied all of my contentions. Two said they required exams and my request for increase to current rating was not even listed. Even though I already received the C&P exam for that one.

There was paperwork missing including a NEXUS from a specialist.

I became frustrated when I could not electronically upload any documents to the then Closed claim.
I too called Peggy and was told to send my letter to both offices. They did place my claim on the under review tab and I can now upload documents but a lot of what was submitted is still not listed...

I also wrote letters to House commitee, congressmen and yes even to the President.

it has been 9 months since my provisional and I have yet to receive ANY C&P exams. Two of my contentions cannot be denied because they were both diagnosed while on active duty and it states such in my records.

The C&P on my back which I can view on ebenefits has the doctor listing total ROM only at 95 out of 270 with listed NEW radiculopathy.

I have doubled up by paying to go to a civilian back doctor for a more indepth review.

I see the provisional ratings as nothing more than the VA's ploy to remove numbers off the backlog.

If they send out a denial for all claims then the numbers come off their backlog and they look like they are addressing the backlog. Reality is that veterans who have been waiting years on claims are taken off the roles and stuck on an invisible list that NO one can see. Out of sight further out of mind!

I have until July... then my provisional becomes permanent and I will be forced to appeal it.

That could take another 3 years... I have called peggy every 3 months since to inquire about scheduling my exams but nothing... they know nothing can't help me and tell me Baltimore is reviewing it.

I am just tired of being drug around.

Congress is talking about amnesty for illegals and they cannot even take care of our veterans...

BS!!!!!!

[Alishape]

I am still waiting too. I know the VA claims that only 5% of the ratings were provisional, but hell we are still people. The year is up on my provisional rating in May. I have written all my congress people plus the head of the veterans committee in the Senate. I wanted to find out what happens to my submitted info if the claim is still in the VAs office in May. One of them finally told me that since I submitted info before the time ran out, the deadline no longer counts for me. They "have" to review what I submitted, (which as in your case does not appear anywhere online), no matter how long it takes. Also my case is on some invisible list no one ever looks at. To be honest, I am not sure most people can see that list. When I went online to try and apply for an increase, the website told me I had no open claims though the provisional one is open and should count as such.. The problem I have with the congressman's assurances is that he referred to the original press release as his source of info and it does not say that anywhere. Plus I can't get iris or peggy to tell me the same thing. I have a feeling in May I will just have to appeal.