Re filing new claim due to call from RVSR?

[Jeeps2creep]

Anyone ever get a call from the RVSR saying to re file your claim due to errors and saying they needed help from a VA Rep at local clinic? Curious to see if I shot myself in my own foot after doing so. I started a claim in February of  2016 and after getting buddy statements, doctors to fill out DBQ's along with all the other paperwork to complete the claim I finally managed to get what I thought was close or correct into the VA benefits via uploading and following the online prompts to what was needed. If anything showed up as needed or missing on the ebenefits page I either called or read what was needed then took care of it and uploaded the information.

Last week my claim status went to "preparation for decision" and I said at least its moving along. Yesterday I get a call from someone stating she was a RVSR and that I needed to re file my claim under a new claim due to having duplicate copies of things and in her opinion not ready for the decision process. She also stated that I needed to go to the VA and get them to represent me along with signing a power of attorney for the VA to do the same. I am confused at some of this process and naïve to things, especially if I have no knowledge of knowing better. I did go to VA and file a claim with the VA rep having power of attorney for what to me is the same thing I already had done in the first place.

Other questions are;

Did I lose all the time from February of last year to now after re filing today or will the process be longer due to adding new things?

If this is not right or foul play can I cancel my new claim or do I just lose everything and start over?

I called her back and told her I did what she stated was needed to correct what I'm not sure was wrong. I looked at the status today and now it says "review of evidence".

 

Thanks in advance for any help.

  

[Berta]

I think they will give you the new claim date as the EED...if they award.

But then it might be possible to get a better EED someway........hard to even take a guess.

Or the EED might be right due to "new" evidence....

At least you got a call from them before they formally denied the claim.

That is why I say here often that spouses of vets need to get up to speed on the net and also get up to speed now,in their veteran spouses lifetime on what their medical situation is....as well as claim situation.

A spouse trying to file for DIC /accrued benefits without a PC or hadit's password-put it in your death files)- or without any POA rep, will, in my opinion, get denied right off the bat.

I have 2 decades of Proof from my VARO that they cannot read.....until pressured.

So it is imperative that a claim be prepared correctly from the git go.

 All of my bogus decisions will be in my book. The Sec will get the first copy. VA made it so easy for me to write. The bogus denials all became awards. 

Dont feel bad...this happens to many vets, and apparently the VSO straightened it all out.

It happens to widows all the time. Unless they have a POA or knew VAOLA from their deceased spouse.Or come here.

 

Edited June 3, 2017 by Berta

[hollywoodnc]

That IS truly odd and I would suspect, sinister.

If it were ME, I would have been more inquisitive regarding WHAT is the confusion..."EXPLAIN IN DETAIL."...if they couldn't, I would file a MOTION FOR THE DRO TO REVIEW THE CLAIM DATED FEB. 2016. (even though I feel that DRO's are a waste of time.  At least they could untangle the mess and possibly reorganize it.

jmho...

 

[Buck52]

Sounds like it was the rater who called and needed more evidence. is the claim on appeal?

 I don't ununderstand why he/she said to file a new claim?

I would request they use the EED on your original claim...you can submit new evidence after you file a claim  sometimes the rater is just to dang lazy to read your evidence or look for it  so they request more evidence.

I tell most of the veterans I help  to make there evidence easy to read for the raters...just place it in a folder type binder and give instructions on how to read your submitted evidence. like=my evidence is in number sequence and I will refer to see a # for a particular part that pertains to my evidence & be sure to put your claim # on every page of evidence.

example

(see page 3 for Dr Johnson medical report) see page 4 for my lay statement, see page 1 for my VA Dr from Myhealthevet notes diagnose ect,,ect,,,  like number your pages of evidence  to refer to a certain part  or high-lite  the areas you need the rater to read.

if you use e benefits  you can use the number technique  so they are not confused. or high lite the area you want them to read  but the numbered way is what I always have used...it seems to help me out so for!

And its  fairly simple to do

its just a more organized way to help the rater out. and hope he/she reads it.

jmo

Edited June 3, 2017 by Buck52

[Buck52]

Ms berta

What is the title of your new Book? and when will it be made public?

who is the publisher?

I may try to get your book when its ready.

very interesting.

[Berta]

"Death by VA" ...still in progress......I will probably use what a Asknod used and a few friends of mine----the Amazon publishing scenario....

Any proceeds (after they cover my expenses for publishing, will certainly go to disabled veterans in some way.Maybe even to the VA Voluntary services locally.I helped DAV get the VA van years ago via Voluntary services.

This is funny. One of my friends from the VAMC needed that van because he could no longer drive to VA and a vet would pick him up at Corning and drop him off here where he would stay overnight so I could wake him up, feed him breakfast and get him to the VA on time.

The Van driver told me they went there twice, blew the horn,under his apartment ,a few times and then he never came out so they left.

Being a VA volunteer had some very interesting "jobs".

My daughter was still home those days, and had not left for Military yet and I didnt know how to entertain him so I got Dumb and Dumber video and it was hilarious. And I made him a nice meal the night before the VA appointment.First time he stayed.

He only stayed here a few more times over the years and we talked about Vietnam the rest of the time.

USAF...DMII and PN, quite a PTSD story-would Never file a formal claim because he thought they would take away his SSI-they would---but the comp would have been more than that....oh well...he had been a NSC Dom pt for years until the VA kicked out all of the NSCs from the Dom. Some then applied and got SC comp after they were declared homeless.

I have had a LONG relationship with my local VAMC.They kept me overnight in the hosp many years ago and gave me excellent care.

Same VAMC that killed my husband. Things have sure changed there.

 

 

Edited June 3, 2017 by Berta

[Jeeps2creep]

Buck52 these are new claim/s. I never knew I could file anything claims either before/during/after my military service until last year. I started a new job and a individual asked why haven't I ever applied for benefits and I could only state I never knew I could.

Its hard to try and put all this into words from a keyboard but I do understand some of what the RVSR was saying. I just don't want to get stuck in the back (lose my back time if any awards) because of lack of knowledge and I'll try to explain more detail. When I started the original claim it was for apnea and I filed a 21-526EZ online in February of 2016 and did not have any records to upload with it. So I then started the long process of going back and forth with the VA records medical department. Low and behold they have no record of myself or the other individual in a car accident we had nor receiving any treatment from the Naval hospital we were transported to by ambulance. I had a concussion and no memory for 3 days after this with a baseball size knot on my head and glass imbedded that I pulled out for years after as it surfaced. This was during the first period of Christmas vacation so I never reported it to my ship in fear of getting kicked out of military. (everyone knows the drill ... your body is property of the government while on active duty and I was a E-2) I did get sent to several classes for abuse training which as you guessed it were lost as well.  I never had any apnea problems until this accident where I tried to go through the windshield of a car head first while centering  up a telephone pole at 50 mph on active duty. To make matters worse no one ever even knew what apnea was or that you could get due to a traumatic brain injury (TBI)  just that you were frowned upon in the birthing/s after lights out to say things nicely.

So after researching forums and 100's of posts I see where as long as I have my doctor/s fill out a DBQ/s stating condition and treatment for the applied claim or condition along with buddy statements and any other evidence I still have a chance at getting my claim verified and looked at as to being service connected. This in itself is a chore because I got out of navy in 1990 with no entries in any medical documents I have or could get sent in the mail to me. So I did just that. I still talk to the person that was driving the car during the accident which happens to be a old room mate in military of mine and he filled out a in depth buddy statement regarding this along with things he seen as room mates which I uploaded. Then I got buddy statements from my now ex wife for same condition and several other veterans that I served with on board my commands that I shared a birthing/s with who filled out statements saying what they seen and basically saying the same conditions shown as they remembered. I also uploaded every sleep study exam I ever took along with the sleep study doctor reports and twitching in sleep which is caused by the brain ( failed all of them ).

The uploading of evidence is where things really seemed to get messed up at. Each time I uploaded information/evidence as I got it from the witnesses it never gave me the same option to upload as a buddy statement for my apnea claim. So I uploaded it for what I thought was to that claim the best I could from the options given. I also served in the Air Force reserves several years later and submitted this DD-214 as well due to having 6 months active duty for a tech school, This threw another wrench in the claim process because they don't understand that one can do this and it confused the heck out of the VSR to say the least. I then read what little bit I have from what medical records they could send me and filed for skin condition and PTSD for anxiety I'm being treated for as well. So back to the doctor and she filled out another DBQ and several more buddy statements to back these up is where I left it at. I finished uploading what information I had around the end of February beginning of march of this year 2017.

I did receive a phone call from the VSR who had my case and this is where the questions began. He said he wanted to clarify things and asked where several pieces of evidence were and I stated they were all uploaded the each claim. He pulled each individual claim up then stated oh ok I found it and moved on to the next claim and asked the same thing about location of evidence and again stated, oh ok I found it. He then stated that he was going to combine the claims into on file/claim to stream line them and have them looked at all together as one. I was fine with this, stream lining is a good thing. He also kept saying because of having the doctors DBQ's " even if you have to go in ". I'm guessing he was talking about the C&P exam. He ended the phone call saying if the rater needs anything else they'll be in contact and that if any C&P's were needed I would hear something in the next few weeks. Actually it has been over 2 months and I just got the RVSR call.  

Now the call I got last week from the RVSR just confirms either I or they got some things wrong.  She stated that the claims I had were all over the place and I filed them in a  incorrect manner to even be in the guidelines. I read the guide lines and thought I was in the ball park because they verified all my claims as eligible or at least the VSR did. She stated that I needed to first and foremost get help from a VA rep and second to fill out a power of attorney at the VA benefits office and have them re file under a TBI (traumatic brain injury) claim and add the rest as secondary claims. This confused me because I thought that you needed to have a primary claim first and then if rated I would or could file for any secondary items that relate to the primary claim at a later date. I also contacted the AMVET rep on base and he stated that NO ONE could touch anything I filed until after the ratings / denial letter comes back from the VA. Then when I had the letter from claims office in hand and only then could I with the help of a AMVET rep or VA benefits rep re file, ask for re consideration or appeal any or all claims. The VA rep never thought twice about it, he just did a power of attorney and took the same information / evidence / DBQ's / buddy statements dd-214's and filed a TBI as primary and added the rest as secondary's and said its filed, explained the claims process and said they'll send you a letter in 45-60 days.