Jump to content

Announcements



  • veteranscrisisline-badge-chat-1.gif

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 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
     
  • Ads

  • 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

  • VA Watchdog

  • 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

  • 0
Sign in to follow this  
autumn

To RAMP or legacy appeal?

Question

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?

  • Like 1

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0
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.

Share this post


Link to post
Share on other sites
  • 0

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?

Share this post


Link to post
Share on other sites
  • 0
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?

Share this post


Link to post
Share on other sites
  • 0

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.

  • Like 1

Share this post


Link to post
Share on other sites
  • 0
16 hours ago, Galen Rogers said:

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.

received latest denial dec 2018. not sure now if "supplemental claim" appeal is the way to go as i previously was informed. from that link, looks like a NOD is path to go.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
        • Thanks
        • Like
      • 5 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 3 replies
    • Help HadIt.com stay online buy a subscription
      If you can afford it and want to help hadit.com consider buying a subscription this gives you as free viewing of the site and allows me to budget in subscription payments.
       

      You can try it for 1 month for $5 or get a monthly subscription or a yearly subscription.

      Subscribe here https://community.hadit.com/subscriptions/
      • 4 replies
    • VA has a special where we can ask questions TODAY, at 3:00 to "people that matter?"  Someone should ask why we can not ask them questions EVERY day, why today only? (This is a big problem with VA..the 800 number often does not give specific answers).  We should have people in VA who "solve Vets problems" like Allison Hickey did a few years ago. 
        • Like
      • 8 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines