Question Regarding "request For Decision" Button On The Claim Details Page

[green]

Hoping someone with more Ebenefits experience than I have can answer a question.

I filed an expedited claim for 5 secondary conditions. According to Ebenefits the status is currently "Under Review".

On the Claim Details page there is a block of text with a link or button (don't know for sure because I'm unsure if I should push it) that says:

Ask VA to Decide Your Claim

You can request to have your claim evaluated as soon as possible, if you have no other documents or evidence to provide VA. VA will evaluate your claim without waiting for additional evidence.

I thought this was what I was doing when I submitted the fully developed claim. Am I supposed to click the "Request a Claim Decision" button or link, is the VA waiting to proceed until I click it?

I apologize if this is clear to everyone but me.

Thank you,

Green

[TALON II FE]

When I went thru the transition assistance program a year ago prior to retirement, they specifically warned us NOT to click that button when it became active. They said that by doing so, you were essentially waiving your right to appeal; that you were saying by doing so that all information was submitted and received by them AND that you would trust in their decision and live with whatever they decided. I do not know the veracity of this information, but main person that briefed on it was a VA employee and former vet. I simply ask that people use caution and don't do this as a 'kneejerk' reaction to things.

[justrluk]

I don't know if you can waive your right to appeal. Appeals are a part of due process. As I understand it, it simply waives consideration of the full 30 days required after material is submitted and when decisions can be made. If you have nothing else to submit, you (used to) submit a request for immediate processing without waiting 30 days as there would be no more evidence offered within the 30 days.

[SemperAye]

It just lets the VA know that you are not going to upload any new information, and you are requesting them make a decision asap. However, you can still upload documents after you have clicked that button, and the VA will still use those documents for your claim as long as the claim is still in gathering evidence. I know this from previous claims. You are not waving anything by pushing the button. It appears pointless for FDC claims, just another thing the VA needs to fine tune on ebennies.

[USMC_VET]

I highly doubt this waives your right to appeal, you cant appeal or waive your right to, until a decision has been made to appeal. There is no way the VA could ever make the case that a button with no explanation or small print stating this fact could be considered "understood" by the veteran. If they did i would love to see a ASKNOD wiping of the floor with them at the BVA/CACV level!

[GeekySquid]

@green

I saw that link today and was wondering the same thing.

Mine may be little different than typical, I put in for a SMC (?) related to ED resulting from PTSD. Apparently it falls under a category called Loss of Creative use of an Organ and is considered extra-scheduler.

I am 70% SC rated for posttraumatic stress disorder, with major depressive disorder with psychotic features and 10% Tinnitus back in 2013 after fighting the VA for almost 25 years.

Anyway, from what I can tell ED is considered a common and typical occurrence with PTSD and with a 70% rating there should be no question of getting the extra money. AFter the nexus events in 1984 there is medical evidence that I went to my base hospital asking about it, but they did nothing. There was no Viagra then. It has only gotten worse and in the records from VA docs it is noted and Viagra prescribed, however that doc did not note that I had a PTSD rating or make any determination of connection.

Since this sounded like a straightforward situation I put in the claim yesterday and today I found that link and clicked it. We will see if the clock runs faster or not, at least on that type of issue.