How to Appeal a RAMP decision

[WomanMarine]

I opted into RAMP the first of May, however my VSO did not sign the paperwork and it was not submitted till 5/17.

I had two issues with my claim.

First they did not rate my knee, which was my original injury that has now caused issues with my back and left knee.  Secondly, in 1980 the VA removed my 0% rating that the VA had given me in 1976 and totally removed my 'service-connected' injury. This is a CUE as they should have upgraded my disability, rather than totally remove it.

Yesterday I learned that the VA has approved the rating on my knee. This would take my 80% P&T to 100% P&T. I do see that there are benefits that come with 100% P&T, but the record should be corrected to reflect the 'early effective date'.

I do understand that the VA, generally, will only rate on issue @ a time ... 

So my question is ... since I had a 'high level review' ... How do I challenge RAMP?

I apologize that I do not have the 'letter' to determine their exact 'verbiage' ... but whatever it is, it will be wrong in this case.

[FormerMember]

Correction: you have 120 days to file a NOA with the Court appealing a BVA decision-not sixty days. The sixty-day suspense date applies strictly to finalizing your substantive appeal you filed on the VA9 at your SOJ.

 

Abbreviation updates:

SOJ is station of jurisdiction. Fort Fumble employees disdain the abbreviation AOJ (Agency of Jurisdiction) even though BVA and the Courts call it that.

The Appeals Management Center, formerly abbreviated as  the AMC is now the Appeals Management Office or AMO. 

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FYI

Ran into this lovely form (VAF 10-0383) VA has hidden from us for aeons. Thought some of you seriously disabled Vets will need it to confirm you are "catastrophically disabled" Funny, if you go to the VA WARMS computer site, it's nowhere to be found...

Bon appetit.

.

VAF 10-0383 Catastrophic Disability Enrollment Approval Request.pdf

[broncovet]

Thank you for the correction, Alex.  120 days to appeal BVA decisions, one year for NOD's.  If a Veteran got his NOA done in 60 days, he is in great shape well ahead of the deadline.  60 days for the I9.  

I dont think its a coincidence these 3 appeal milestones are all different.  Untimely filed appeals can be put on a trampoline, and kids with "appeal denied, not timely filed" on their shoes can rubber stamp them all, by jumping on the whole lot and never even reading them.  

I like to do them all early, "just in case" something goes amiss, and there is still time to do it over.  

[WomanMarine]

Okay, I am ready to appeal ... Just have to get the letter ... Lol!

[WomanMarine]

Well it is moving .... 

[WomanMarine]

Oops ...

 

[WomanMarine]

Here is an UPDATE ... but I have included 'case history' so maybe it makes more sense ... 

I was discharged in 1975 with a medical and DoD gave me a 10% rating for my ‘slipping patella’ aka ‘subluxation’ in my R knee.. Three months after I was discharged, in 1976, I was at work and had an accident because of my ‘service-connected’ knee. I had just got the ‘good job’ @ Southern Pacific Railroad that I lost, due to the fact the West Los Angeles VA wanted to put me in a cast for six months. They did and the job was gone.

Later, after the cast was removed, I applied for Voc Rehab, but was denied, as they said I did not have enough ‘time in service’ … the DoD had split up my ‘time in service’ over two DD 214’s, as I originally entered as a Reservist. But once a DD 215 was completed, they gave me ‘severance’ pay and told me that because I accepted the ‘severance pay’ I could not apply for ‘disability pay.” I was also told @ that time that I was 0% ‘service-connected’ and was issued a “purple VA health card” that stated I was ‘service-connected’ … I was also told that I could not ‘sue the VA, as they were the .gov and one cannot sue the .gov’ … So I took the severance pay and moved on.

In 1980 my problem with my knee continued, it slipped (sublexed) and tore ligaments. This time I was seen at the San Francisco VA and was homeless at this time. Not only did they deny me, but they demanded the return ‘service-connected’ VA health benefit card the West L.A. VA had issued in 1976! They stated, even though I was there because of my knee, that I had no ‘prior issues’ with my knee since discharge and now it was just taking its ‘natural course’ … I had told them where my health care records were, in West Los Angeles, they stated they did not exist! 

Being ‘homeless’ @ the time, I had a very rough time after that decision. In fact I never received the decision and ended up in Reno, NV where I ‘unsuccessfully’ tried to have it moved there within the year time frame of the SF decision. I only know this information now, as I received my C-File and found the documents asking to have my case transferred, as I had another ‘episode’ with my knee when it gave out and I fell flat on my face knocking out several teeth.

I have just recently successfully re-opened my case and have now been awarded 90% P&T and am being paid 100% UI. On my reopened case the VA never granted me anything for my ‘original’ issue … However they did grant me 10% Arthritis. In my RAMP I appealed for a greater rate than 0% for the ‘subluxation’ and an Early Effective Date. I received 30% for the ‘subluxation’ and they took away the 10% for Arthritis. However they denied my Early Effective Date stating:

“We have been unable to obtain records from West Los Angeles VA Medical Center for the period of 1976. We have determined that these records do not exist. We will now make a decision based on the evidence of record. Records were received from VAMC West L.A., dated November 14, 1979 through August 1983. (Veteran reports treatment beginning 1976). All treatment records available for these dates were received June 26, 2017."

My question is this …

How can they deny me an EED when they admit they do not even have the records?!?