To RAMP or legacy appeal?

[autumn]

recently one of my claims was denied and attorney is appealing it. the VA C&P agreed with the claim and attorney mentioned the denial was bogus/bs.  pretty sure that was at the DRO level. 

attorney asked me if i want to RAMP this appeal or legacy appeal.  we already waited almost 3yrs when this denial came in and likely another ~3 years when it is legacy appealed, not  on the RAMP system. my understanding is we don't lose appeal power going with RAMP, is that correct?  attorney isn't getting worse results with RAMP than say the legacy appeal way i'm told.  before i green light RAMP i want to ask, are veterans choosing the RAMP path now & finding it worth it say vs the legacy appeals?

[vetquest]

10 hours ago, Berta said:

Beginning Feb. 19, Veterans who appeal a VA decision will have three decision review choices: Higher-Level Review, Supplemental Claim, and appeal to the Board of Veterans’ Appeals. VA will now offer Veterans greater choice in how VA reviews their claim is committed to ensuring the claims process is accurate, timely and fair. 

Am I reading this right?  I can use the legacy system and have access to the BVA but if I go with higher level review or supplemental claim I do not have access to the BVA.  That would be a crime against veterans as the RO's are messing veterans over and it is only at the BVA that claims are correctly adjudicated.

[Berta]

The links in the Press Release above offer a lot more info but I agree that it appears one cannot get to the BVA if they choose Higher level review or supplemental claim- in the Press Release-

hopefully vet lawyers out there will provide a better explanation of that- it will sure affect them negatively- as well as claimants ,if that is true.

[autumn]

On 2/15/2019 at 7:39 AM, Berta said:

https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5203

I am glad AskNod mentioned CUEs he has pending. I have 4 or 5 pending.

I agree that CUE cannot get an "artificial hair cut."

They would have to re -write CUE regs.

The  evidence for 3 of the CUEs comes from an Office of General Counsel Pres op-the other evidence is basic VA case law.

 

 

 

 

 

glad you posed that. i have a few pending myself.

[OldJoe]

OK, now I am both confused and scared...

I was just contacted by the DAV in St Louis that the VA needed clarification if I was going to go the "supplemental" route because they were combining my appeals.  One of which is for a denial for a CUE, the other is for secondary condition relating knees to back.

The CUE is a classic textbook of what a CUE is defined as.  VA did a classic denial of my CUE without even reading the supporting material (couldn't have, the it was as plain as day, exactly the way the regs spell it out).

My other is for my on going appeal (NoD) for my knee which they are in the process of denying my appeal.  Their specialist outweighs the nurse practitioner that wrote one of nexus letters for weakness in my lower legs (claim for knees, lack of flexion and all that other medical lingo).  Though that said I have a letter from a specialist (Dr) concerning my knees and that the arthralgia may have been related to the military.

So, if they are working my CUE, they are not allowed to use any supplemental information...

But if they are working my knees they are using supplemental information.

Right now I have a call in to the nurse practitioner to get her letter rewritten or at least endorsed by a Dr. But because their records have it that they had the knee specialist write the letter they are kind of running around confused (I got her secretary straightened out and they found the original letter).

Man, why is my claim sounding more like a frigging soap opera staring the keystone cops as everything progresses forward.

 

Do I need to start waving arm and hands frantically to get things straightened out?  Is everything kosher? Or am I doomed to reenact the sinking of the Titanic?

[autumn]

On 2/20/2019 at 11:54 AM, OldJoe said:

OK, now I am both confused and scared... 

I was just contacted by the DAV in St Louis that the VA needed clarification if I was going to go the "supplemental" route because they were combining my appeals.  One of which is for a denial for a CUE, the other is for secondary condition relating knees to back.

[...]

i haven't been able to wrap my head around it either.  probably have irritated my attorney asking him many times recently about this too because of what i read on here regarding this.

i too have a few appeals in along with new appeal disputing the recent denial. though that appeal hasn't been submitted just yet due to change Feb 19 changes.  attorney was going "supplemental" path with that appeal last i heard.  yet, i haven't heard from attorney that if we go the "supplemental" path with appeal on recent denial VA will combine the other appeals in queue.

anyone know for sure, or we all flying blind for now with the new claims modernization rules?

[Galen Rogers]

Now that it is after Feb 19 Vets.gov says that how you file an appeal depends on the date of your decision.

For VA decisions we received on or after February 19, 2019  we are to use one of the three lanes.

• Add new and relevant evidence (file a Supplemental Claim)
• Ask for a new look from a senior reviewer (request a Higher-Level Review)
• Appeal to a Veterans Law Judge (request a Board Appeal)

For VA decisions we received before February 19, 2019  we are to file a NOD.

Here's the page: https://www.va.gov/disability/file-an-appeal/

Not sure how many folks this affects but I imagine there are a few of us.