Jump to content
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 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?

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

Just an update on my legacy appeal. This week it says my appeal is before a judge. I submitted my form 9 July 2017, so the legacy appeals aren't as slow as I had initially thought.

Share this post


Link to post
Share on other sites
  • 0

Well, it appears that a few of us are in the same boat.

Congrats on getting a relatively "quick" date BuddyLoveAK.

Autumn, I have gone the "supplemental route myself (seems like the most obvious path to take so you can add more information).  Isn't ironic, how they can designate deadlines for when you can submit things but they can take their sweet time doing what ever they want.

Also, keep pestering your lawyer, that's what your paying them for.  Get every red cent out of them that you can.  This process is supposed to be easy enough so you don't need lawyers but since I started my current roller coaster back in 2015 I have had to learn more medical and legal jargon than I would like. 

Probably my biggest problem is my self; I cannot find it in me to pay a lawyer to play phone tag/operator with the VA for a situation that should have been a slam dunk. 

I have a CUE pending that dates all the way back to 1996.  The VA rater hadn't even let the ink on the CUE dry before they denied it.  DAV Rep and I filed a CUE on the initial mistake.  And I wrote a letter to Mr Speckler and faxed him 14 pages of documents proving my point about the CUE (classic text book definition of what a CUE is).  Mr Speckler's office turned around and basically remanded it back to the RO for another review and that where I am now with it getting combined with my current appeal for my knees.

Yes, the soap opera staring the Keystone Cops continues...

Share this post


Link to post
Share on other sites
  • 0
On 3/4/2019 at 10:44 AM, OldJoe said:

Well, it appears that a few of us are in the same boat.

Congrats on getting a relatively "quick" date BuddyLoveAK.

Autumn, I have gone the "supplemental route myself (seems like the most obvious path to take so you can add more information).  Isn't ironic, how they can designate deadlines for when you can submit things but they can take their sweet time doing what ever they want.

Also, keep pestering your lawyer, that's what your paying them for.  Get every red cent out of them that you can.  This process is supposed to be easy enough so you don't need lawyers but since I started my current roller coaster back in 2015 I have had to learn more medical and legal jargon than I would like. 

Probably my biggest problem is my self; I cannot find it in me to pay a lawyer to play phone tag/operator with the VA for a situation that should have been a slam dunk. 

I have a CUE pending that dates all the way back to 1996.  The VA rater hadn't even let the ink on the CUE dry before they denied it.  DAV Rep and I filed a CUE on the initial mistake.  And I wrote a letter to Mr Speckler and faxed him 14 pages of documents proving my point about the CUE (classic text book definition of what a CUE is).  Mr Speckler's office turned around and basically remanded it back to the RO for another review and that where I am now with it getting combined with my current appeal for my knees.

Yes, the soap opera staring the Keystone Cops continues...

apology for so long in reply.

that is some serious bad irony, bad for veterans i should say. lawyer and i thought the same about the supplemental route for now.  i call the attorney from time to time and do get updates. sometimes there is no news but i think the same, they do get paid..

i can't fill out the forms any more. i make too many mistakes and get too frustrated with it all. i get over nervous just getting mail from VA. not over exagerating, really. my neuro disease has contributed a lot to that but so has decades of fake diagnosis and such. you all know the drill there, that's why there is hadit.com. so i don't mind an attorney helping me when they are good. i fired two for being somewhere between jupiter and uranus. the one have now has won a few and continues to help.

granted, your situatiion and mine should have been slam dunk according to title 38 rules along with validated medical evidence current and historical. but the VA has made it this way along with congress. plus the VSO all sided with VA and left it at that. so i don't call attorney that much but phoen tag can be frustrating. attorney has other clients and veterans clients too so i can't really expect an answer every time i call unannounced.  but i'm human, so the frustration exists sometimes plus the years of VA strangeness pops into my head. the VA never sent attorney the copy of last denial that was asked for. crazy. we finally got it but the delay the va does is real as you know.

my previous VSO/pva wouldn't even file a CUE. so i can empathize with you on yours and the VA rater denial. many denials don't even make sense...again fake info and fake diagnosis. good luck with DAV, hope they work well for you.

i think my attorney will do the same as you, i.e., send it back for review. as i mentioned the denial didn't make sense as the va doctor wrote his review was in my favor and rater didn't go by that.

keystone cops is right. i wonder why when D.C. trys to fix the VA, whether now or decades prior, they never look into the BVA treadmill. allways low hanging fruit or mo'money to VA. 

 

Share this post


Link to post
Share on other sites
  • 0

Thanks autumn and good luck to you also.

A quick note about VSOs, and maybe I am mistaken (someone correct me if I am.

First the caveat there are good ones and bad ones.

Unfortunately VSOs are in a position of where they are very limited in what they are allowed to do for you.  In a sense all they are allowed to do is make sure you dot your i's and cross your t's.

Also, they are under paid and overwhelmed with there caseload, many of them are disabled themselves and stuck in the same position we are of appeal hell.

I have seen too many stories where the "good" VSOs got burnt out and had to move on to something else (can only imagine the stress they go through wanting to do more and seeing fellow vets get the shaft).  Or, they get caught going above and beyond one too many times (they are too successful) and wind up getting transferred or get thumbed down on (and soon just have to quit).  If you notice, most VSOs are very "standoffish" in how they hand working with you, sort of like they might be biting their tongue.

Currently the DAV Reps in Columbia, MO have been pretty helpful considering what they are allowed to do.  Not saying they go out of their way for you, but they are helpful.  I also chose the DAV because they do offer legal during the appeal stage (I am sure there are stipulations, like if it is a hopeless case, simply forget it, now the criteria for what determines hopeless, I cannot quantify)

As, for using the lawyer, you sound like you are definitely in the position where you need one. And it sounds like you got a good one, but be sure to keep an eye on him just the same.  Never know when they may just up and leave you high and dry because your case isn't paying the bills.

Many VA disability lawyers really amount to nothing more than a bunch of ambulance chasers (no disrespect to many that offer advice here in the forums, it is much appreciated).  But we as vets need to consider the fact that many of these lawyers/legal firms are simply vultures because of how the VA doesn't work for us like it is supposed to.  We vets get stuck in a quasi legal state where we are supposed to follow rules which the VA flagrantly disregards.  Since this is a system that is supposed to not need a lawyer to get the proper care we need.  If I am right you cannot use legal when applying for compensation only during the appeal stage (correct me if I am wrong).  Because we are not legal experts, the VA many times uses this against us using bogus rules over misusing rules to deny what would should be rightfully granted. 

This makes us a smorgasbord board for these lawyers because in many instances the VA raters' rulings are so full of bull and improper application of rules and law we are easy money.  Do a little homework file the NoD for the Vet and wait for your day before the board, collect your fee, move on to the next vet, rinse, lather, repeat, ...  Granted this is an over simplification but you think of how many veterans are in the exact same predicament we are, that is a bunch of legal fees they are collecting for simply playing phone tag with the VA while waiting for the date for the board appearance. 

Granted there are many that are very pro vet and are probably a bit miffed at what I said.  To you my humblest apologies.  With out your help many of us would be sucking dirty pond water, you guys go above and beyond.  My beef is the "ambulance chasers" that if they don't feel your going to pan out or like autumn stated seem to be totally out in left field totally botch a claim and in doing so ruin any chance of winning a CUE if there was even the slightest chance to win it.

CUEs are very tricky, because in many instances it boils down to an argument of diagnosis and how your were rated originally (even what you were requesting to be rated on).  If any of those things can be questioned no lawyer is going to touch a CUE claim with a 10 foot pole.  Which is why you need to be sure of the CUE before you even start.

Mine, 100% pedigree (just look at past threads and the evidence I posted).

Others where it has been a back and forth it gets real murky real quick on whether it is a CUE or not.

Fact is, many VSOs don't really understand CUEs because they are such a finicky topic and hard to prove.  When approaching a VSO, (from personal experience) about these you better have EVERYTHING together to prove your case before broaching the topic.  Because the very first thing they are going to say (like they did to me) you need to reopen the case with new information because you failed to appeal it within the proper time period (granted this is a tactic for getting your toe in the door at least), but most VSOs are really thinking that the CUE is a nonstarter from the get go because everyone wants to use CUE.

Not to mention CUEs get twisted around real quick, like in my case.  I explicitly laid everything out what the CUE was and what the result should have been.  The rater denied me based on the results of the most recent C&P.  The most recent C&P had nothing to do with the CUE, other than it proved my point that they made a mistake.  From what I have read about CUEs this is a very common issue, either the Vet uses a current C&P to argue the CUE, this is BIG MISTAKE.  A CUE is based on a mistake made in the original rating, not the diagnosis or the current rating.  Maybe a better way to say it by using my case as an example/analogy is that when all is said and done my current rating of 50% for mental and back is really nothing more than a rate increase because my back degenerated since the initial injury (OK legal beagles you may need to straighten that bit out to be more clear).

I don't know if this is intentional or unintentional on the part of the VA, but it seems like the VA likes to twist a CUE in this fashion.  When they do and they catch us vets off guard we wind up twisted around arguing something that isn't what supposed to be argued.  You could say it is a case of "look a squirrel..."

And off we go chasing the wrong thing and our CUE gets denied because we argued something that wasn't even supposed to be to point.

  • Thanks 1

Share this post


Link to post
Share on other sites
  • 0

Autumn, others may not care for long replies but if you notice, I can never say anything in 30 words or less... 😀

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  

  • Our picks

    • Hello Defenders of freedom!

      I have a question pertaining to this denial for headaches. The decision letter is quoted below. 

       

      3. Service connection for headaches.

      "We may grant service connection for a disability which began in military service or was caused by some event or experience in service.

      Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury.

      We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service."

      From my understanding these 3 points must be overturned to successfully win a CUE case:

       (1) either the correct facts, as they were known at the time, were not before the adjudicator or the statutory or regulatory provisions in existence at that time were incorrectly applied; 

      (2) the error must be undebatable and of the sort which, had it not been made, would have manifestly changed the outcome at the time of the prior determination

      and (3) a determination that there was CUE must be based on the record and law that existed at the time of the prior adjudication in question.  

      @Berta, or veterans out here who have knowledge/experience, tell me what facts you think would be needed to prove this denial for headaches was an error? 
      • 11 replies
    • In 2014 I put in a claim request for A&A due to housebound and secondary seizures to PTSD.    I request a legacy appeal to move to RAMP and now am in A Higher Level of Review.   It was in the Decision Review Stage in March 2019. It now is back to Gathering evidence.  I had requested  Feb 2019 for the VA to make a determination of the appeal based on all evidence currently in the case fine. It is now end of July 2019.  I just saw the estimated completion date of May 20, 2020 changed to August 2020.  The Modernnization/RAMP said that it would take approximately 120 days  Its now been 5 years since I submitted my claim and part  of that has been in appeal for close to four years.  How can I even tell if my appeal is being worked.  I am 65 years old and know I may have to send my appeal onto BVA, I may be dead before a conclusion is made.  I am also single so have no dependents that could receive back pay.  Is the VA playing me?  I have no representation or VSO
    • My claim went back to gathering of evidence after I had my second c&p exam for tbi initial. My vso the Dav said it was a dbq to differentiate the symptoms of tbi and PTSD as far as social and occupational impairment. I recieved at least as likely as not on all exams, PTSD, both tbi exams. Has anyone experienced this or know what it means? Is this a good sign my claim will be granted ? Thank you.
      • 21 replies
    • VA Claims requires a lot of note taking - What  I use for note taking
      Trouble Remembering? This helped me.

      I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

      Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.
      • 2 replies
    • Do I have to quit my job?
      Hello everyone. See Below for what I received from VA

       

      A little about me currently. I have a job that is very low stress (work nights no people no stress) very secure because I work in a mountain so im surrounded by granite. I work on computers so it engages my mind and keeps me as active as possible and is my passion. So my question is do I have to quit my job? Thanks!

       

      June 23, 1999 June 30, 2019

      VA Benefit InformationSummary of benefit informationYou have one or more service-connected disabilities:Yes         Your combined service-connected evaluation is:100%               You are considered to be totally and permanently disabled due solely to your service-connected disabilities:Yes           The effective date of when you became totally and permanently disabled due to your service-connected disabilities:July 01, 2019

      major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS


                         100%


                               Service Connected



       

      SMC-S1

      Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS rated 100 percent and additional service-connected disabilities of migraine including migraine variants, tinnitus, independently ratable at 60 percent or more from 07/01/2019.

      SMC-K1

      Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of major depression disorder, recurrent, severe, post traumatic stress disorder, insomnia disorder and eating disorder, NOS rated 100 percent and additional service-connected disabilities of migraine including migraine variants, tinnitus, independently ratable at 60 percent or more from 07/01/2019.

       

      Thanks all!

       
      • 61 replies
  • Ads

  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines