Interesting little blip under AMA (maybe?)

[GeekySquid]

Interesting little blip I discovered today and am wondering if anyone else has seen these same things under the AMA process.

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The situation:

I just applied for a rating for Voiding Dysfunction as the VA said I had a possible claim when they granted my ED claim.

The whole C&P was a joke and I suspect I will  have to appeal based on the fact the Dr was not qualified among other reasons.

However, the blip is that today I went to VA.gov to check the status. I do this to track how many days it takes to get to each stage.

In the file today I noticed it had two closed requests so I went looking around. Both requests are marked closed

Documents filed

Request 2

Exam Request - Request for Clarification  ---Now who they sent this too and if it means the VA has the C&P is up in the air. I will call peggy on monday to find out.

No longer needed

Request 1

Exam Request - Processing

No longer needed

 

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One the files tab under additional evidence was this line

Additional evidence

File:
Type: VA 21-4192 Request for Employment Information in Connection with Claim for Disability

 

Now the blip is that I own my own company, and nowhere in the claim application, C&P, or my VA files is the name and address of my company. Nowhere is there a reference to the fact that I own a company. This is intentional on my part.  The Dr who did this C&P did not ask who I worked for or what type of work I did. He only asked how my BPH was service connected and how having to pee a lot impacted my work.

I have not received that request form and of course the VA does not show dates sent.

But VA.gov does show that 2 requests were made and both were closed on May 15th and 17th respectively.

I am 100% P&T and generally work at my office or home.

In none of my claims has there ever been a letter from the VA asking about my employment and I don't remember ever seeing that Form Name or Number on any of my previous claims in Ebenefits. I searched my existing C-File copy and that form is not in there at all.

I am wondering if this is a new thing under AMA and who they sent that form too. It is aimed at an Employer not at the SSA.

I am also wondering if I will be able to get the form and who they sent it too from the VARO office when I go get the C&P once I know it has been brought into the VA system.

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There is also this under additional evidence

Additional evidence

File:
Type: VA 21-8940 Veterans Application for Increased Compensation Based on Unemployability

 

I did not file an IU request. I am 100% already. IU would be moot.  I searched my C-File for this one too and that form has never been recorded into the C-file.

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 I don't know if the presence of these files is some automatic thing under AMA. I will have to look and see if they are just new form names and numbers under AMA, but either way they were never sent to me or filled out by me in any of my claims.

 

 

[paulstrgn]

I am hoping. I call every couple of days to see if it has moved back yet.

[GeekySquid]

5 hours ago, paulstrgn said:

I call every couple of days

FOIAs seem to be a place the VA likes to drag its feet on. In my case the VAMC New Orleans just flat out refuses to even respond to them. I have sent them 4!

╭∩╮(-_-)╭∩╮to the VAMC and FOIAs

[paulstrgn]

12 hours ago, asknod said:

Sometimes just having real legal beagles working for you convinces them to grant. 

I have nothing against VSOs, they are volunteers and most are trying to do a good job, but Alex is right sometimes you need the "real legal beagles".

As the old saying goes, you get what you pay for.

[paulstrgn]

6 hours ago, GeekySquid said:

FOIAs seem to be a place the VA likes to drag its feet on.

This is a shame, as vets we know by doing the FOIAs request  this is where we as vets will find the mistakes the VA has performed. 

[GeekySquid]

5 hours ago, Richard1954 said:

but when someone request TDIU they are saying they cannot work.

I know this thread has gotten convoluted but the problem with this entry on my claim status

 

On 6/9/2019 at 7:58 AM, GeekySquid said:

Additional evidence

File:
Type: VA 21-4192 Request for Employment Information in Connection with Claim for Disability

is that I did NOT claim IU. I am 100% Schedular and own my own company.

Since I did not claim it, why was that sent and who did they send it too? I haven't received it and neither has my HR department. They would be laughing their asses off at the thought of me not working.

Those two requests on my claim are part of the weirdness. The C&P doc had no training or certs in GenitoUrinary conditions and I had to explain to him what BPH was, sadly I am not joking or exaggerating.

[Phury & Rhage]

1st - don't assume that this was an intentional thing.  If someone was going to send you a letter and someone else reviewed their activity and said, "hey, IU is not appropriate in this case as the Veteran is 100%," then it's possible (likely) that an entry was made but closed out shortly thereafter.  If you didn't get the letter and the issue is moot, you are probably safe to ignore it - but you could always ask a VSO to look in VBMS to verify that there is no ongoing development happening.

2nd - a clarification isn't necessarily specific to you.  There are a number of problems that can occur when someone is ordering an exam and a request for clarification is an attempt to straighten those out.  Clarifications also happen when raters or DROs need more information than the examiner provided (i.e. the examiner only talked about direct service connection and didn't address aggravation; the examiner didn't comment on estimated loss of ROM during flareups; etc.)

3rd - mistakes happen, obviously.  Someone else's 8940 & 4192 got filed in your record and, hopefully, the next claims processor will spot it and move it.