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New Va Rule In Federal Register On 25 Sept 2014.


vern2

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This is on eBenefits. Not sure if anyone has mentioned this or not.

A Rule by the Veterans Affairs Department on 09/25/2014

The Department of Veterans Affairs (VA) amends its adjudication regulations and the appeals regulations and rules of practice of the Board of Veterans' Appeals (Board) to require that all claims governed by VA's adjudication regulations be filed on standard forms prescribed by the Secretary, regardless of the type of claim or posture in which the claim arises.

Note: this applies to NOD as well as any type of appeal or claim. The emphasis is MUST be filed on the standard VA form. HATE THIS RULE! VA is still screwing with the vets as usual.

Vern2

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Anything to make it a little harder and more confusing for the vets.

How far does this thing go? Does this mean a veteran can no longer just send a letter to the VA expressing their intention to initiate a claims action (e.g.- informal claim), etc? I can see where this can cause a lot of ambiguity and misinterpretation by raters and claimants.

I hope more info on this issue is forthcoming from the VA. JMO

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  • HadIt.com Elder

You can add attachments

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  • Content Curator/HadIt.com Elder

Another BS rule...

I agree with Pete. Fill out the official form, but say see attached blah blah blah...

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I actually believe that this will be beneficial, it is standardizing the claims

process. It will become more efficient in the way that SSA forms are.

Even if something is submitted and it is not on a standard form, it will still

have to be considered, as per 38 USC.

jmho

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  • Content Curator/HadIt.com Elder

I agree to a degree, but the VA had problems accurately reading their own forms relating to my claims. I think it would be better to correct internal issues first.

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  • HadIt.com Elder

Or does this rule mean that veterans must file informal claims on a V.A. supplied form entitled Statement in Support of Claim or that some other form must be used by veterans. I hate this rule too. Does it mean that a notice of disagreement must be filed on the same Statement in Support of claim form?

s

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Or does this rule mean that veterans must file informal claims on a V.A. supplied form entitled Statement in Support of Claim or that some other form must be used by veterans. I hate this rule too. Does it mean that a notice of disagreement must be filed on the same Statement in Support of claim form?

s

Rules like this promote efficiency and less loss by volume in my opinion. You need things to be in a format to run an efficient ship. The VA provides the forms to people who need them; you could call and have them sent to you.

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  • HadIt.com Elder

This will make it harder for older and less educated vets.

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  • HadIt.com Elder

What is the standard form for a NOD these days?

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This will make it harder for older and less educated vets.

I actually think quite the opposite, because it lays it out box by box, which should make it fairly easy for someone to follow along. It keeps vet's from putting the wrong stuff so that no one understands what they want.

Each one of my claim denials has provided me instructions on how to appeal, what to request etc.

Edited by CBaker84 (see edit history)
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though i agree that this should help stream line some waiting time like the va no longer has to sympathetically read every claim for infereed claim ,,my problem with this is :

veterans own words are useful to describe there own symptoms as such they know what they feel like. but, they do not have a medical degree so that there statements are useful but no real weight is given to the statement. as well as no real weight is given to statements in regards to non medical persons that say things like " my brothers back is so messed up that his legs go numb and he has less strength in his legs ".

as we are not doctors the best thing we had for the claims process was to briefly describe our symptoms and have the va read and try to request the appropriate dr exam for the symptoms and probable claims.

now i believe that, you will need a diagnoses of your symptoms before you make a claim for benefits.( as far as the retro ) i.e. the va pays on the first time you can prove by the record that you had that symptom and later diagnosed.

how do we know that the numbness in are legs is really nerve damage ? how do we know that is is most likely do to the back trauma ? now instead of claims being infered or not we are forced to make an individual claim for each symptom individually just in case they are later diagnosed into our record.

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this makes me think of all the different diagnostic codes and all the different ways for an increase or even the descriptions they use like with or with out pain. like who would know to claim for sciatica over neuropathy ? one has pain down leg and into big toe the other has pain shooting across the buttocks. im sure you can all see that if my original claim was for my back and in my statement i said the pain shoots across my buttocks and down my leg....... i would have an exam for back problems. BUT,, not an exam for nerve problems because i didnt make the claim for it i only described my symptoms... later im diagnosed with nerve issues and get no retro because i never used the correct form and never claimed the nerve problem precisely..

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