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  • 14 Questions about VA Disability Compensation Benefits Claims

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    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 ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    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

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chibears3531

Now that Claim to Reopen doesn't exist, should I file a supplemental claim, a legacy NOD, or a CUE?

Question

Posted (edited)
After finally getting my C-File, I'm pretty sure VA underrated me 11 years ago based on the detailed evidence from their c&p examination. 
 
Essentially, the VA decision said that I don't have prostrating migraines because I don't have emergency room or sick call visits for them. They conceded I'm a bit messed up from all the concussions and awarded 10% for "TBI to include migraines" despite having an in service migraine diagnosis with lots of follow up treatment and medications while still in service and to this day. 
 
Plus, the fact I that I just found out from the C-File that their C&P examiner said that I have prostrating migraines 4x per week with detailed notes about what they do to me.
 
I just heard that the VA stopped honoring claims to reopen so I'm unsure as to the best way to proceed for establishing an earlier effective date for a migraine rating. I also suspect that it's too late for them to honor the special TBI re-processing rules if the exam was not conducted by a neurologist (it was an internal medicine doctor).
Edited by chibears3531

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Yes I understand BUT   I was not referring to the HLR

but the 

As the evidence presented it don't matter what its called if they have the appeal rights (sent in a timely manner or within the appeal limit  it don't matter what the evidence is called  "relevant"  or New and Material E  as long as the evidence as merrit. Although the VA is starting to call evidence ''Relevant''

as Alex ''quoted''

 personally think the kicker is that you can  make a u turn after the BVA loss and begin anew at the SCL with more evidence and keep you filing date. As usual, we’re going to learn by error. 

your correct  the veteran can't send in more  new evidence if he opts to the HLR  in the Ramp program

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Yes I understand and your correct about  we can't send in anymore evidence  in the HLR.

  I hope most veteran don/t go that rout.  because more than likely the veteran will need to get a new IMO And sunmit this new evidence they call ravelent.

but I never said a veteran can.,

I was referring to what they  (VA)call ''Revelent'' Evidence

As for as what they  (VA)are calling Revelent  evidence  it don't matter  as long as the evidence has merrit  although the VA is calling  it Revelent  evidence and not new and material evidence  that was my point.and yeah in the lesser review lanes

quote from Alex

' 'My attitude about the HLR Lane is decidedly negative. I’m pretty sure it will be a “What part of ‘no’ don’t you understand, sailor?”'

I agree with that.

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I appreciate everyone chiming in.

Would the C&P examiner's notes be considered new and relevant evidence? It's new to me having looked at my C-File for the first time. But I'm guessing that doesn't it qualify as "new" for a supplemental claim.

It's sounds like more of a CUE claim but I'm saving that one for last resort. I'd also let an attorney handle the CUE if it came down to that.

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chibears3531

If you never opt in the HLR   (Higher Level Review)then yes  you can submit your new relevant evidence. 

Use the SCL

.Looking  into our  C file is an absolutely must  when appealing our claims.

Glad you requested yours.

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Posted (edited)

Yes, an examiner's notes can be new and relevant evidence.  This assumes, however, the evidence is NEW.  "New" evidence means evidence not previously before the VA.  

As to whether the evidence is "relevent", if this doctor makes opinions about your conditions, then it should be relevent.  A bit about new "material" evidence and new "relevant" evidence:

"Material" evidence suggests the new evidence is "outcome determinative".  Example:  A doctors opinion that your condition is at least as likely as not due to an event in service, is likely "material" as it immediatly affects the outcome.  (By itself, without other evidence).

"Relevant" evidence is a lower standard.  A lower standard means its easier for the Veteran to meet the criteria to reopen with "relevant" evidence than the old "material" evidence.  

The Va previously declined to reopen claims becuase the evidence was not material, that is, outcome determinative.  They said you had new evidence, but that evidence did not change the decision.  

    In other words, the new relevant evidence submitted need not be outcome determinative.  It usually means that this relevant evidence COULD be outcome determinative, but may need some additional evidence.  The term "relevant" evidence is probably too new for the courts to take up and make a defination.  

For more, read VA's take on it. :https://www.va.gov/disability/how-to-file-claim/evidence-needed/

Edited by broncovet

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