Legacy, RAMP, AMP? where do I fit?

[GeekySquid]

Hey all I have been out of here for a while dealing with issues and am now in a wheelchair from leg surgery which just happens to coincide with my latest C&P results finally showing up. Before this latest I was at 100% plus  few miscellaneous 10 and 0 %'s.

The situation is complicated and I need to figure out my options in light of the changes between the legacy system, ramp and AMP (?).

The first hurdle, is my original award in 2013 did not show evidence they evaluated my OSA even though it was documented, diagnosed in May 2013 and should have been in my medical records by the time they did the award. VAMC New Orleans claims to have "lost" those records but Tulane Hospital has provided them to me and I have notes in my record that I had one, that the records were annotated in my file (supposedly in my file) and that a CPAP was issued.

I was never notified this was a compensable condition or that a C&P should be requested. I did not find this out until Aug 2018.

There is also my tests done for Vertigo, including being waterboarded through the ear and having MRI's performed to find out if I had tumors causing the vertigo. VAMC New Orleans says they don't have these records but the same issue arises as with the OSA. I have the MRI, and my record has notes that the VNG was done. The award letter is silent on this issue.

I have sent the VAMC FOIA requests on both issues multiple times and they don't even bother to answer me. When I call they just say there are no records and hang up on me.

How can I reopen that original claim, and would it keep the original dates?

To add complexity the original award denied me for hearing loss. The C&P examiner failed to look at my entire service record, instead she only looked at my first enlistment. I informed her of the Vertigo also but she made no mention of it in the report. On this particular issue, and the vertigo, the VA just rated me for 30% on vertigo and 0 for hearing loss. The dates for both were August 2108. At a minimum I want the hearing loss to be corrected back to the original date. It would also set up the argument for failing in their Duty  to Assist and Notify on the Vertigo.

I have my c-file and the notes and exams from external providers (sleep study and MRI).

I believe this all constitutes New and Relevant (I guess that is the new term) Information.

I just need to know how I process this under the new system? Is it a supplemental claim? will I get an EED?

 

Other Factors:

I will be filing a NOD on the recent 30% rating for Vertigo, the award letter has not yet arrived, it is over due, but the C&P doc was incompetent and my medical file shows that I am more in line with a rating of 60 or 100% for Meniures. I have VA treatment records recording my "drunk gait", nystagmus, and passing out from the vertigo. In 2013 time frame I would experience this 3 to 4 times a month in the worst months. Now it is 4 to 6 times a week, every time I roll over quickly or have any type of rapid head movement.

So on the NOD, since it was for the August, 2018 claim,  am I supposed to just file a typical NOD?

can I ask for backdate (EED) based on the previous VNG and MRI from 2013 where they lost the records and failed to Notify or Assist me in filing a claim? My Vertigo has gone untreated and unassisted by the VA until 2018. It has grown significantly worse. This seems to constitute harm to me from their negligence.

I want to note again in the decision about the August 2018 claim they did grant me SC for the hearing loss. Their error is clear and unmistakable. It is also tied to the Vertigo so the EED hearing would also seem to affect that; The VA does not send us for MRI's and VNG's (waterboarding) just for hearing loss, so they knew and started the process, they just dropped the ball in getting that info to the raters.

Thanks for any help on the new processes.

 

 

 

 

[GeekySquid]

3 minutes ago, GBArmy said:

call the White House and tell them you have tried 2 FIOA attempts and no response.

Thanks GBArmy. I will be doing that when I dig up the fax confirmations.

[Buck52]

1 hour ago, GeekySquid said:

I don't know the form numbers, is this the "new" AMA form or the "old' legacy form?

As for as I know this is the only way to send in a disagreement   it is the Notice of Disagreement form.  To Appeal  if its changed I am not aware?

[Buck52]

GeekySuid

You might  ask about the RAMP process  to Elder member broncovet  he has read up on RAMP fairly Well.... I am still researching this RAMP.

If It was me I would choose the traditional process (if you have all the evidence of record and its relevant to your case.....obviously it will be.

  but from what I gather  all claims will be in the RAMP as of Feb 19 th 2019  Filed after that date  so you can choose the traditional process, you may want to hire an attorney to help you with all these contentions /Appeals  especially to get your Correct  EED  On all your claims/Appeals simply because your claim/claims are some what complicated or Unique .

[GeekySquid]

11 minutes ago, Buck52 said:

because your claim/claims are some what complicated or Unique .

 

@Buck52

definitely complicated.

Yeah as of Feb 19, 2019 RAMP is dead, at least for new claims. I understand that some in the pipeline will stay ramp.

The new system is called AMA, and per my previous question to you, it does have new forms, making some of the old ones obsolete.

According to ASKNOD at this link, https://asknod.org/2019/02/24/ramp-screw-me-twice-shame-on-me/,

The AMA system uses the following forms

As an initial supplemental claim we have to use

526EZ as an Initial Supplemental Claim

NOD's are now in the Supplemental Claim path.

New forms are VAFs 20-0995, the 20-0996 and the 10182.

20-0995 is the supplemental claim form for NOD's etc

20-0996 is Higher Level Review

10182 is the BVA NOD form to use.

 

Asknod states:

The Transition From Old NOD to New NOD 

If you aren’t lost yet, hold on. If you are still in the old, original Legacy system, and recently  got a decision but have not yet filed a NOD, you will continue to use the old VAF 21-0958. You will have to wait for a grant or a denial and the issuance of a SOC or SSOC  in order to opt into the new AMA system. At that time you would logically choose the Board of Veterans Appeals option and get the hell out of your local Funhouse.

This is part of my confusion. I filed the claims in question in Aug 2018. I had not received an award until Last month, May 2019. I am fairly certain I have to use the 21-0959 to NOD the awards for that claim. I am just not 100% sure I am reading him right.

I asked Tbird early to create a new AMA forum and she did. I hope one of the moderators will make a sticky at the top of it to notify people of the new AMA forms.