Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Supplemental claim closed without addressing all issues submitted?

Rate this question


Penguin

Question

Hi all,

I submitted a request to reconsider my initial disability claim and after not seeing much progress and worrying that I would not receive a decision before my 1-year mark, I decided to submit a supplemental claim. Here is my timeline:

Initial claim decision received: 10/23/2018

Requested to reconsider/reopen denied issues: 12/31/2018

Submitted Supplemental claim: 4/24/2019

Received notification of both reopened claim and supplemental claim closed in the same letter on: 6/21/2019

I am confused because the decision letter I received does not address all of my claimed issues and has the following verbiage below saying that the appeals will be addressed through the appeals process but when I look on VA.gov it shows that all my claims are closed. This contradicts what they say in the letter and I am not sure what is going on now. Has anyone experienced this before or have advice on what to do?

image.thumb.png.b87b3709779dbcdac32a0b9f13b12864.png

 

image.thumb.png.9d0c6d10b6db98e8c9beaa79dd8f8a48.png

 

Link to comment
Share on other sites

Recommended Posts

  • 2
On 8/10/2019 at 1:02 PM, Penguin said:

I am not sure I really want to be in the legacy process now since all I have heard is that it takes so long.

 

Hi Penguin,

Thanks for updating 🙂 You have an option here and it is not a widely advertised one because AMA is so new.  Supplemental claims filed on 20-0995 can be filed on anything any time - pre and post 2/19/19 rating decisions.  However, if you have a legacy appeal, you will have to withdraw it in writing to submit the Supplemental claim.  Ideally, you would do that simultaneously.  Withdrawing an appeal can be done on any form or piece of paper.  It just has to be written - you can't do it by phone.  I'm going to talk about that for a minute, but that doesn't mean I'm recommending it.  I just want folks to have the necessary information to make a choice.

***In practice, if you submit multiple pages to the Evidence Intake center, those pages could get split up - I've seen it happen.  Make sure your file/SSN and name is on each page.  That way, if they get separated, it will still make it in your file.***

If you intend to withdraw a legacy appeal so that you can simultaneously submit a Supplemental claim, you can do it on the same form - the 20-0995.  You need to be super specific though.  Say something like, "I want to withdraw my legacy appeal (NOD dated 1/19/18), but I only want to withdraw the PTSD portion of it.  I am doing this so I can file a Supplemental claim simultaneously and submit new and relevant evidence for consideration.  Please continue processing the other issues in my legacy appeal."  Or, you could say, "I submitted an NOD on 1/19/18 for my right ankle.  I am withdrawing that appeal in favor of a Supplemental claim so that I can submit a nexus statement from my private doctor."  The thing is, if you write that withdrawal statement on the 20-0995, the VA processor has everything they need to withdraw your claim from the legacy appeals process and initiate a Supplemental claim.

Now, why would you want to do that?  I'm not making recommendations, but here are the issues I see.  1)  Yes, it looks like the AMA process (including Supplemental claims) is moving quite a bit faster than the legacy process.  There are other reasons you might consider it.  2)  If you have new evidence to present, you can only do that through a Supplemental claim.  That's because the Supplemental claim is an "open" record.  In fact, you have to have "new and relevant" evidence to get a new decision on the merits of your claim.  Any new evidence requires a new decision, but if the evidence turns out to be duplicative or irrelevant, that's what your new decision will say.  And here's one of my favorite reasons (still not making a recommendation):  3) the rules change all the time and almost always are more favorable to Veterans.  The newer the decision, the more likely it is that judgment calls will be in your favor.  Also, if you get a new decision now, it's eligible for Higher-Level Review (HLR) on the 20-0996.  I am TOTALLY sold on those.  I've talked about it in other posts, but those go to 2 DROC locations for processing with people who specialize in those claims.  They are getting really good at spotting the errors that are made in rating decisions.  That's particularly true with procedural/development errors.  Your last processor missed evidence in your STRs?  The last processor didn't send you for an exam or the exam was inadequate?  Nobody tracked down your Reserve/National Guard personnel/treatment records?  I'm getting those "Duty to Assist" errors back ALL.DAY.LONG......sorry, bunny trail, lol.

Every case is different, but there are very common threads that run through each.  If you've been denied, it's CRITICAL that you understand "why" they denied you.  Your new and relevant evidence NEEDS to be something that was missing the 1st time around.  Or, find out if they SAID something was missing, but it was actually in the file.  Either way, you have to know/understand why you were denied.

Remember, for every Veteran there are 3 things necessary for service-connection:  1) an event in service; 2) a current disability; and 3) a link between the first 2 (nexus).  Never, ever turn in a claim that doesn't address all 3.  Here is the most basic example:  I broke my _____ in the service. (event)  It's bothered me ever since then. (nexus)  I "hurt" "can't do _____" "get therapy" "take medication" "am getting worse" (current disability).

Holy smokes, I got off track.  I've been up since 5 working overtime, lol.  Ignore what you don't need 😄

Phury

 

Link to comment
Share on other sites

  • 0
On 7/28/2019 at 6:44 PM, broncovet said:

This happens when you opt into ramp.  Did you check to see if you are at the BVA?  Do you have a docket number?  

Nothing is currently showing "open" on VA.gov or eBenefits and I have not received any communication to indicate that so I really have no idea. 

I called peggy and was told they submitted an inquiry to find out what the status really is. They told me to give them 30-days and then call back. Also went to my VSO and he told me the same thing. It has been a few weeks now, so I plan to call back next week.

Link to comment
Share on other sites

  • 0

Is there any more to that June 2019 letter from them?

Link to comment
Share on other sites

  • 0
6 hours ago, Berta said:

Is there any more to that June 2019 letter from them?

Hi Berta,

Yes, the letter goes on to include decisions for the 4 issues that I had "reopened", but it does not address any of the issues listed in the 2nd paragraph which were part of the supplemental claim. Hoping I can find out more this coming week. If I don't get any updates I am wondering if I should request the higher level review to trigger someone else having to take a look and hopefully get the ball rolling again.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use