Jump to content
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  •  ad-free-subscription-002.jpeg     fund-the-site.jpg

  • Searches Community Forums, Blog and more

  • 0
ozboi

Giving VA additional evidence

Question

So after reading my decision letter again, I came upon the back of VA Form 4107

It states.....

 

"GIVING VA ADDITIONAL EVIDENCE"

"You can send us more evidence to support a claim whether or not you choose to appeal"

"NOTE: Please direct all new evidence to the address included on our decision notice letter.
You should not send evidence directly to the Board at this time.
You should only send evidence to the Board if you decide to complete an appeal and, then,
you should only send evidence to the Board after you receive written notice from the Board
that they received you appeal".

"If you have more evidence to support a claim, it is in your best interest to give us that evidence as soon as you can.
We will consider your evidence and let you know wether it changes our decision............"

So has anyone went this way instead of filing for a NOD?

If so please share your experience.....

I have new evidence to turn in, and I want to know what is the best way possible to do that (and keep the original claim date) 

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

I answered your question in a different post you made somewhere here yesterday.

You can upload the evidence to your ebenefits account or send it to :

Evidence intake center
PO Box 4444
Janesville WI 53547-4444
fax 844-5317818

Share this post


Link to post
Share on other sites

Ad

  • 0

You are reading the lower part of the form ( 4107)---

There is no way to get to the BVA without filing a NOD first, within the one year deadline...

Many have filed for a Reconsideration, with new evidence- and that type of claim can be searched for here.However, it does NOT stop the clock for the NOD deadline (one year after the decision), because they can deny the reconsideration request.

The 4107 form begins this way:

"After careful and compassionate consideration, a decision has been reached on your claim. If we were not able to grant some or all of the VA benefits you asked for, this form will explain what you can do if you disagree with our decision. If you do not agree with our decision, you may: Start an appeal by submitting a Notice of Disagreement. Give us evidence we do not already have that may lead us to change our decision. This form will tell you how to appeal and how to send us more evidence. You can do either one or both of these things. HOW CAN I APPEAL THE DECISION? How do I start my appeal? To begin your appeal, you must submit VA Form 21-0958, "Notice of Disagreement," if that form was provided to you in connection with our decision. If we denied more than one claim for a benefit (for example, if you claimed compensation for three disabilities and we denied two of them), please tell us in Part IV of VA Form 21-0958 each of the claims you are appealing. A filed VA Form 21-0958 is considered your Notice of Disagreement. If you did not receive VA Form 21-0958 in connection with our decision, then write us a letter telling us you disagree with our decision or enter your disagreement on VA Form 21-0958 in questions 11 or 12A. If you did not receive VA Form 21-0958 in connection with our decision, then either your statement or VA Form 21-0958 is considered your Notice of Disagreement. Send your Notice of Disagreement to the address included on our decision notice letter. How long do I have to start my appeal? You have one year to start an appeal of our decision. Your Notice of Disagreement must be postmarked (or received by us) within one year from the date of our letter denying you the benefit. In most cases, you cannot appeal a decision after this one-year period has ended. What happens if I do not start my appeal on time? If you do not start your appeal on time, our decision will become final. Once our decision is final, you cannot get the VA benefit we denied unless you either: Show that we were clearly wrong to deny the benefit or Send us new evidence that relates to the reason we denied your claim. What happens after VA receives my Notice of Disagreement? We will either grant your claim or send you a Statement of the Case. A Statement of the Case describes the facts, laws, regulations, and reasons that we used to make our decision. We will also send you a VA Form 9, "Appeal to Board of Veterans' Appeals," with the Statement of the Case. If you want to continue your appeal to the Board of Veterans' Appeals (Board) after receiving a Statement of the Case, you must complete and return the VA Form 9 within one year from the date of our letter denying you the benefit or within 60 days from the date that we mailed the Statement of the Case to you, whichever is later. If you decide to complete an appeal by filing a VA Form 9, you have the option to request a Board hearing. Hearings often increase wait time for a Board decision. It is not necessary for you to have a hearing for the Board to decide your appeal. It is your choice." etc etc ,more to the form... 

Share this post


Link to post
Share on other sites
  • 0

Of course, Im not disputing what Berta said, but, yes, you can reopen due to New and Material Evidence under 38 CFR 3.156, whenever you submit "new and material evidence" under 3.156.  If you submit new evidence in the appeal period ( within 1 year after the VARO decision), you can see that it can afford you an earlier effective date, than if you wait until AFTER the appeal period.  

Read that regulation.  However, in practice, I dont think VA always complies.  In other words you submit new evidence, and VA simply ignores it, and NEVER reopens the claim.  However, if you appeal and, later down the road, you discover VA never reopened per your new evidence, then you can appeal the effective date, alleging VA failed to reopen, so that your claim is still pending.  Read about the pending claim doctrine.  

Essentially, the gist of the pending claim doctrine is that one a Veteran files a claim the VA does not have to adjuticate it, but, if they dont, when it finally does get adjuticated (assuming you dont die first), then you should get benefits backdated to when you applied.    There is a lawyer, John Fussel,  who write a rather fine article on the pending claim doctrine.  

I think the pending claim doctrine arose because of the "deemed denial" doctrine, which is another subject I wont get into now, except that it "flies in the face" of 38 CFR 3.103, which suggests a Veteran is entitled to a written decision on all claims.  

VA "weasels" on 3.103, because they always blame the backlog.  "Oh, 3.103?  Gee, yes, sorry we have not done a decision on your claim.  Yea, it has been a long time, 25 years, but wow, look at that backlog.  We are processing other Veterans claims now, but we expect to get to your claim, for sure, by year 2040, unless there is a change in regulation which allows us to delay it longer, of course."  

  • Like 1

Share this post


Link to post
Share on other sites
  • 0

If you want to "fix" VA's non compliance, that is, their failure to reopen under 3.156, many Vets use the "play dumb" technique.  Since VA thinks all Vets are idiots, it works rather well.  Here is how. 

Example.  You file in 2005, VA denies.  You submit new and material evidence within a year, also in 2005.  VA does their usual "nothing", on your claim.  

YOu file a new claim in 2015, for the same issue,  and, this time VA awards it, back to 2015.  You appeal the 2015 decision, appealing the effective date alleging that VA failed to reopen and that you should get a 2005 effective date.  You should win, however, you will have to have evidence back in 2005, that you had a current diagnois, nexus, and in service event, which, of course, would include your "new evidence" you submitted in 2005.    

This works because VA thinks you were just plain dumb and that you could have gotten an eed, and then, they are mad you appealed the effective date.    Or, the VA never bothered to read your reopen, which is also likely.  

Edited by broncovet

Share this post


Link to post
Share on other sites
  • 0

I have a somewhat similar situation, but Im afraid the VA has gotten tipped off that I'm not all THAT dumb, espeically when I hired a lawyer, so they dont want to award benefits as they know that Im seeking them way back when Moby Dick was a minnow.  

If VA sends me a nice retro check, I dont care if they put in the comments, "This Veteran is an idiot."  In fact, I prefer it when my opponent underestimates me.  Remember, Goliath underestimated David.  

  • Like 3

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • So I've been in a basic power chair (Q6 Edge) since 2015. Late 2016 was also fitted for a TiLite TRA manual (also keeping powerchair). 2017 was approved by Tampa VA for clothing allowance for lower. 

       

      Moved to Battle Creek VA late 2017. Since then was issued new basic powerchair (Quickie P222-SE) to replace broken Q6. Still use TiLite also now can lightly ambulate with Forearm crutches.

      Use crutches 50%, and both chairs 25% each.

      Was approved for 1 clothing allowance this year for forearms crutches for upper.

       

      Was denied 2nd for chair/lower that was awarded last year because Chief Prosthetic states "powerchair takes precedence, you were issued that so you are to use only the powerchair".

      Also powerchair has gap between seat and leg mounts where clothes do get caught and tear. Clinician was I'll put it back in but"power chairs dont get clothing allowances", and "any review or appeal will only come back to me"

      I was approved for powerchair/custom manual combo clothing allowance last year; How do I word an appeal for the lower clothing allowance this year?

      My local DAV rep at the VA has no clue on how to handle this.

       
      • 1 reply
    • Thank you.  I’m not exactly sure of how I will file it.  If it is secondary to TBI, would it be pyramiding?
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
    • Disability Calculator: Veterans Compensation Rate Calculator
      Disability Calculator: Veterans Compensation Rate Calculator

      10 + 50 = 50 and other VA math mysteries explained.

      VA Math It’s Not Your Mother’s Arithmetic “VA Math” is the way that the VA computes combined impairment ratings for multiple conditions in a Veteran’s compensation benefits claim – and it requires that you unlearn real math. When a Veteran has multiple medical conditions that are service connected, and the Veterans Affairs rates each at a different percentage, it would seem that they should just add up your percentages to get to a total body impairment rating. Continue Reading

      Use our Ratings Calculator to add your percentages
      • 0 replies
×

Important Information

{terms] and Guidelines