Jump to content

Sponsored Ads



  • 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
     
  • Advertisemnt

  • 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

  • Searches Community Forums, Blog and more

  • 0
mbl22885

From Pending Decision Approval to Under Review.

Question

Has anyone ever had this happen on ebenefits? To be clear; my claim was at pending decision approval yesterday, and now today my claim is at under review. I know at pending decision approval they can send it back for more evidence, but doesn't the claim usually go back to gathering of evidence? 

Share this post


Link to post
Share on other sites

5 answers to this question

Recommended Posts

  • 0

Happens allot with FDC claims means they maybe sending you back to another C&P as a guess.. just my opinion with no details about claim

Share this post


Link to post
Share on other sites

Ad

  • 0
8 minutes ago, jfrei said:

Happens allot with FDC claims means they maybe sending you back to another C&P as a guess.. just my opinion with no details about claim

I supplied them with a pdf copy of M21-1R, part III, subpart iv,6, B and said if it wasn't applied accordingly to my claim that I would immediately file a CUE. It's not a FDC either. 

And from my experience and what I've read on here, when they send you back for a c and p, they send you back to gathering of evidence. 

Edited by mbl22885

Share this post


Link to post
Share on other sites
  • 0

yes that is right my mistake it would be back to gathering of evidence how did you submit this claim Ebennies, or a your RO? But honestly Ive actually had this happen one day I called to see if it was a glitch and in my case it was? But there are other reasons Im sure someone else I hope will chime in

Edited by jfrei

Share this post


Link to post
Share on other sites
  • 0
13 minutes ago, jfrei said:

yes that is right my mistake it would be back to gathering of evidence how did you submit this claim Ebennies, or a your RO? But honestly Ive actually had this happen one day I called to see if it was a glitch and in my case it was? But there are other reasons Im sure someone else I hope will chime in

Ebennies. I haven't really looked into va stuff hardcore in a while and I'm honestly beat down most days that I couldn't dedicate the time and energy to go hardcore again, but I knew about the vas duty to infer and the m-21 letter jumble it falls under. So I started ebenefits chats and iris inquiries seeking info and got the bs answers you'd expect. Then I'd save the conversations as PDF files and submit them as part of my claim and say "the va is obligated by law to assist veterans in claims and these are the resources we are provided." 

Eventually (and not easily) I found the updated m-21 word jumble for the vas duty to infer, and it was basically the same thing as before except they had removed "duty to infer" and replaced it with "issues within scope."

And it's legalise, but it's legalise that's incredibly favorable for veterans. One of the main favorable things is that the va is supposed to give the available evidence a "sympathetic reading," and the VA hardly ever applies any of this. And the VSOS know this. It's why they tell vets who get to 100% scheduler to not try for more. 

So I raised hell with whoever I could think of. State senator, WWP and IAVA, Presidential Veteran complaint line, direct e-mail to the president, and so on. 

Share this post


Link to post
Share on other sites
  • 0

Had there been any changes with your claim 

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

    • I would like to meet other Hadit members who live in Michigan.  We have at least two major VA Hospitals (Battle Creek, Ann Arbor).  Or maybe you go to the the John Dingell in Detroit.  

      I like Ann Arbor.  I like the fact that most of the doctors there are also at the UM Hospital.  I don't like how uickly they seem to turn over though.  
      • 2 replies
    • Really?
      I am confused.  A few days ago I spoke to a person at a VARO who said if I die from something other than service-connected my husband gets zero, zilch, squat.  Hmmmmmm, it seems the rules change willy-nilly...I have been rated 100% P & T for over 10 years, MS is static, and I am 56 years of age.

      Can a fellow Veteran shed a light on this?

      Thank you.
      • 15 replies
    • Fund raising for HadIt.com
      The site is supported through ads and ad free subscriptions, we are also asking for any support you would like to send our way. You can give a $1 or more it all helps. Keep in mind though that it is NOT tax deductible and we are NOT a non profit. As the site grows so do the costs and ads and subscription do not always keep pace with the costs. Any help is appreciated, but not required.
      • 8 replies
    • Carol Ozanecki- Blue Water vet Advocate called me with this news:

      https://www.stripes.com/news/lawmakers-launch-new-effort-to-provide-agent-orange-coverage-for-blue-water-navy-vets-1.525395

      Also there is a article in Pop Culture she sent to me----mentionig Blue Water vets buy I felt it was too political to post here. You can google it if you want to read it.

       

       
      • 9 replies
    • Cue Claim Template?
      I was told by my VSO to write a statement for a CUE claim. I am looking at the CUE because the VA didn't follow VA Training Letter 10-02 that should have directly S/C'ed me for my tinnitus without an exam, but also because they approved my Re-open claim 2 years later and the only difference was a new C&P exam.

      Any help would be great. This is what I came up with:

      I respectfully request the VA to call a clear and unmistakable error on part of the January 3, 2013 decision from the Boise VARO and to correct it.

      In this Decision Letter, I was denied service-connection for Tinnitus. I mentioned tinnitus (ringing in the ears) on my April 4, 2012 Statement in Support of Claim for hearing loss. Tinnitus is listed as a deferred claim on my September 4, 2012 Decision Letter. I submitted a Statement in Support of Claim for Tinnitus on September 5, 2012 and again on October 25, 2012.

      I was given a C&P exam on August 14, 2012 by Audiology and Hearing Aid Center in Boise, Idaho.

      I received my Decision letter with the denial of Tinnitus on January 3, 2013 stating that “Your service treatment records do not contain complaints, treatment or diagnosis for this condition”.

      During my C&P exam, it was stated that I didn’t have any mention of tinnitus in my Service Treatment Records (STR).

      On the Compensation and Pension Exam Inquiry dated July 13, 2012 on page 3, the hearing exam that was completed on 4/1/2008 is also where my tinnitus was identified while in service, but there was no mention of my tinnitus in the inquiry.

      The evidence listed on my Decision Letter dated January 13, 2013 listed Service Treatment Records from June 5, 1989 to March 3, 2010.

      In VA Training Letter 10-02 dated March 18, 2010, on page 7, item #5 it states: If service treatment records mention a complaint of tinnitus and the veteran claims tinnitus and has current complaints of tinnitus, a medical opinion regarding possible causation is not required. Service connection can be established without an opinion about the specific cause of the tinnitus because it began in service.

      The VA's failure to consider and evaluate the evidence and follow VA Training Letters that the VA had in their possession manifestly altered the outcome of the decision referred to above.

      If the Tinnitus claim was approved on the Decision Letter dated January 13, 2013, it would have increased my rating from 60% to 70% at the time.
      • 30 replies
×

Important Information

{terms] and Guidelines