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Legacy or RAMP For Appeals?

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Buck52

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  • HadIt.com Elder

If your a Veteran wanting to file a compensation claim from injury or disease you received during your military service and was denied and have questions which way to file your claim or claims  rather or not to file the traditional way after a denial  and your not sure which way to approach your Appeal in legacy or opt to RAMP  .= do this

Make sure you have all your evidence in stone and check all your conditions for the rating criteria   write the CFR Rating criteria # down ,  most of all have all your probated evidence to support your claim & use the CFR#'s  that pertain to what your claiming (we need to remind them of their on Regulations some times!!)

...read up about your condition get Dr's to opine on your condition as to it being related to your military service and the condition and have a good statment in support of your claim, make it's hard for them to RE- Deny...re read your claim before you submit it chances are you forgot to add something.

read your denial letter very carefully especially the reason and bases of your denial  and concentrate on that for your Appeal to rebut what they mention as to why they denied you.

Also in your Appeal make sure you put (small notes in there some where as to where they have to read it number your pages and always put your S.S. #AT THE TOP on every page ....>   & do things like high-lite the parts you want them to read or mention something like :Note: see page 3 for Dr Smith Medical opinion on date**/**/**** he/she is a qualified Professional in this field of medicine and he/she has his credentials  /phone # address and office hours stated at the end of his letter. ect,,,ect,,, (specialist or certified Physicians are better to use) VA likes them better than just a PA or MD  Make darn sure these Physicians are qualified to render their opinion  ''as stated is as likely as not''

Also when the VA Sends you anything  make extra copies of it and keep it in a home folder (start your on C-file) if you get your C file and find that you have a record missing and you have that record  make copy and send it back to the Claims Intake Center and attach a note saying this was not in my C-file  please put it in my C-file I have a copy of it here at my home  but I would also like a copy of it placed in my C-File for future reference.

Most  Veterans than have been in Appeals for years and years & Opt into the new RAMP because VA Made a Promise to have their Appeal decision within 125 days...this is still a new program and  your appeal may not be decided on the VA Promise , so when you file a claim to Appeal your claim make darn sure you have all your favorable evidence in and check the Dr's Criteria , check everything a couple times before you send it in.

Usually when a Veteran has all the facts and evidence that supports his/her claim   will be approved..but some times they are denied on some BS from the VA or they tend not to read all your evidence and kick it back with a BS Denial...just do the above  and the faster you appeal the faster your claim will be worked...do not depend on this new RAMP program just yet  it needs a year or two to be proven its the way to go  or if its for you or not.?

Remember Medical Evidence in veterans favor wins we just have to make sure they get and read that evidence  so make it hard for them not to...and remember to keep everything the VA sends you and you send them, if you use snail mail at The Post Office Always get you a return sign receipt and keep it in your home folder(your personal C-FILE) 

Never throw anything away the VA sends you  no matter what it is   keep it  you may need it in the future.

 

Just thought I'd put this out here   so if any of you elder members want to add something I may have forgot please do so.

Where all going to have a great 2019

Thanks Everyone!!!

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  • Content Curator/HadIt.com Elder

Good info!

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I had an independent Medical opinion for my latest Knee claim.  The VA ignored the IMO and denied the claim based on the VA C/P examiners remarks. I appealed that decision,  citing the fact that I should have received the benefit since the evidence was equally balanced and  when the evidence is balanced the veteran is supposed to win the claim.  Then I commenced to discredit the VA examiner, who had actually  written  an addendum 22 days after the exam trying to justify her initial opinion but in the process expressed a new reason for denial. But I was to smart for the NP,  and found a copy of the document that she had cited in support of her opinion. I was able to discredit her because she cited part of a sentence in the reference document  and not the whole sentence, which changed the meaning of the writers research.  Now when it was appealed, the VA instead of giving me the benefit of the doubt, decided I needed still another C/P examination.   I don't know why the IMO was ignored,  in the  original denial  it was cited as medical treatment records. When I appealed,  I again emphasized the  IMO. The IMO was written by Dr. Anise at the cost of $1500.   All I can do now is attend the new C/P exam and wait on a decision. It seems to me if I was going to get the benefit of the doubt, the VA would have already granted the claim instead of requiring another C/P exam. So I have  already scheduled to see a local doctor and get a new IMO prior to the new C/P exam.   I have read the original  IMO many times, and from what I can tell it contained all the bullet statements that the VA looks for. The Point I want to make here is to say that just because you pay for an opinion, doesn't mean your claim will be granted,  if the VA can get away with it they will ignore the IMO even though they can't ignore it by law. You must be proactive and make sure the IMO is recognized as such, and that the doctor writing it makes all the necessary points, aside from that all you can do is wait and see.    Buck52 made some good points!  

 

ADDED: I went back and read my recent denial  under the  ramp program for two other issues ( Earlier effective date for one award, and a separate rating [apart from asthma/copd]  for sleep apnea)  The cover letter indicated that three items  were returned for corrective action and listed them as Hearing loss, Left Knee and Heart Condition.  The next  line states that there was an error in our  processing of your claim and additional development actions are necessary  for  us ( the VA)   to fulfill our duty to assist in gathering evidence in support of your claim. We will take action to finish our development and will notify you once a decision is made. Reviewing the list of evidence used to decide my denied claims was the Independent Medical Opinion by Dr. Anise listed as a NEXUS statement and received twice. So in the recent denial they do list the IMO as an IMO, but again the VA is requiring another C/P exam for the knee.  They do not go into any detail in the cover letter of the decision,  other than to say they did not fulfill the duty to assist requirements, so as I said, I do not know why the IMO wasn't enough to get over the hump.... I suspect I may receive an answer in the next decision once I have the C/P exams. 

Edited by Richard1954
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Problem with the VA is they disregard the regulations pertaining to relative equipoise and they have thousands of examiners that will be more than happy to render a negative medical opinion.

It is so easy for the VA to schedule a new C&P exam to get a negative opinion to obtain more unfavorable evidence to weigh against a claim.

Whereas the veteran is very limited in being able to find a medical professional that will provide a nexus letter, OR being able to afford the out of pocket expense for a nexus letter.

A veteran seeking VA disability is like a one-legged man in a butt kicking contest.

In my area, Orlando, I am finding hardly any vet friendly C&P examiners.

Most all of them of late outright ignored favorable evidence and concoct reasons to deny service connection.

I have had examiners state there was no diagnosis for a condition when the diagnosis was provided when a claim was filed.

Looks like I'll go broke fighting all the liars the VA has against me.

Edited by 63Charlie
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  • HadIt.com Elder

 For a good  and very interesting read google these guys

The Evolution of the Pending Claim Doctrine John Fussell1 and Jonathan Hager

broncovet may find some important information concerning EED.

THIS INFORMATION COULD HELP A LOT OF VETERANS UNDERSTAND THE SYSTEM A LOT BETTER.

Note: once you google   &  click 

this will be in pdf format

The Evolution of the Pending Claim Doctrine John Fussell1 and Jonathan Hager

Edited by Buck52
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