Supplemental in AMA Timeline

[Miken2c74]

Original claim opened in Nov 2013 (Legacy)

Claimed Denied Dec 2014 (Legacy)

Submitted NOD in Jun 2015 (Legacy)

Opted into RAMP July 2018

Denied Ramp May 2019

Supplemental Claim open June 2019 ( In decision phase now per VA)

 

Flat feet (aggrivated due to ) From original claim date ( new DBQ, Medical opinion, Nexus, lay statement) On supplemental claim

Knee condition from original claim date  also supplemental claim (New DBQ, Medical opinion, Nexus , Lay statement) on supplemental claim

Back condition from original claim date rated 20%

Fibro Denied

Hip condition denied

I am waiting to see how this comes out (nerve racking)

[Buck52]

deedub75 Quote

''If my HLR had failed I would have then sent it to BVA but I knew I'd get a much quicker answer with the HLR''.  

This is my reason for heading to the BVA   what if H.L.R.  DENIED? 

and more likely they will follow the supplemental decisions based on what they mention in their denial , we don't know what they will decide  but if they do deny  then that's just much time waisted (in my opinion)  and why I suggested the B.V.A.

but it could be decided by the H.L.R.  If we knew for certainty H.L.R.  IT WOULD BE APPROVED sure that's the lane to go with but we don't know .

It's certainly your choice to decide what lane you choose  but just from past  experience & records for a win that seems to favor the B.V.A. 

as  I mention before ,broncovet would have some excellent advise on this  he has been there  both H.L.R. and B.V.A .and CAVC..HE MAY RECOMMEND THE H.L.R.? but he would give you his reason why.

Please Note *what works for other veterans may or may not work for you.

[deedub75]

@Buck52 In my instance, it wasn't a denial that I was trying to get overturned.  It was an incorrect application of the law and that led to them assigning the incorrect effective date to my grants.  Since regular raters are deciding these supplemental claims, there are going to be mistakes.  The DROs have years of experience in rating claims before they can become DROs and they can quickly spot mistakes. Plus, this AMA is still relatively new and from my experience working for the VA new things are almost aways implemented incorrectly and not uniformly.  

I used the supplemental claim with a nexus statement from my doctor in order to get my claims granted and since the rater applied the incorrect effective date, I used the HLR to have that effective date corrected.  

Now, if my claims had been denied through my supplemental claim then I would have gone straight to BVA to have those denials overturned.  I wouldn't have wasted time with the HLR because, unless there was a clear error, the DROs will usually agree with previous rater's decision.  

[Buck52]

Roger That deedub75

I assume your meaning a'' DRO Review''  and not a DRO Hearing.

However I have to disagree with you about DRO  what you mention  ''The DROs have years of experience in rating claims before they can become DROs and they can quickly spot mistakes'' 

They make a lot of mistakes , I'm Not saying they don't  have years of experience in rating claims  your right about that they do and usually around 15/20 years experince or longer before becoming a DRO..They have the Authority to approve claims on the spot  

 I'm in a Battle now dating back to 1998  through 2003 because a DRO made some very big mistakes and covered them up with even more mistakes..unless the VA calls typos an error and if called a typo error  the VA Usually wins out.

I just caught this reading my C-file in 2016  but have not filed for the historic review of my EED.   Just Yet

FOR SOME REASON OR ANOTHER  A SPECIAL RECORD IS NOT IN MY C-FILE TO PROVE MY CASE  AND A LOT OF BLANK PAGES WITH THE  VA STAMPED DATES. BUT NOTHING TO GO WITH IT. This could be because the machine that copies over paper to the new CD form  to condensed the C-file could have happen...who knows? for sure?

.UNFORTUNATELY FOR ME I CAN'T FIND THAT RECORD EITHER  SO I MUST HAVE LOST IT  WHEN IT CAME WITH MY AWARD PACKET  OR JUST BLIND TO THE FACT I HAD FINALLY WON MY CASE AFTER 6 YEARS OF APPEALS.

..I trusted this DRO but that was a big mistake  I should have caught this my self  but was so glad I won  I didn't think about any mistakes  or even retro $$ back then.  so a lot of it is on me for not staying with my claim making sure all was adjudicated properly...>  my EED  was not.

so raters are not the only ones that make mistakes  the higher up's do to and its usually a big mistake  like WRONG EED Dates.  that what it is for my case  about 4 maybe 5 years of retro at the 100% rate.

 

but I am fairly sure they will call this mistakes the DRO  made a typo error...  but the typo error is not just once but several  times and different dates.

my burden of proof is on me  correcting these dates and I need that one record that's should be in my C-file and its not...my only chance is to get with an Attorney or a VA  Accredited Claims Agent that as access to the VBMS

I AM IN THE PROCESS OF GETTING THIS DONE  BUT WE'RE MOVING AND I NEED A NEW PERMANENT ADDRESS...NOT THIS TEMPORARY ADDRESS WE HAVE NOW.

BUT I AM TRYING TO PUT IT ALL TOGETHER AND FIGURE OUT THESE DIFFERENT DATES TYPED UP BY THIS DRO. AND OF COURSE MY EVIDENCE TO PROVE THIS DRO IS WRONG ON MOST ALL THE DATES  HE PUT IN MY RATING SHEETS.

   NOT THAT I AM NOT THANKFUL TO THIS DRO FOR AWARDING ME THE  TDIU P&T I AM VERY THANKFUL, BUT HE PUT THE WRONG DATES DOWN THAT CAUSED ME TO BE SHORT WAY SHORT ON RETRO OWED TO ME.  IN THE TUNE OF ABOUT 60.000/70.000 Bucks  a Hefty Piece Of Change.

I JUST DIDN'T CATCH THIS BACK THEN  UNTIL ABOUT 12/13 YEARS LATER  AND COUNTING.

''

Edited August 12, 2020 by Buck52

[Miken2c74]

So I received an email from my VSO (DAV), they say I should open a new claim for the effective dates. I think this is bad recommendation. I emailed someone at VA who was working on these disabilities, basically asking him to take a second look at these effective dates. I think I am going put in an HLR. Roll the Dice.

[Miken2c74]

Here why it is bad recommendation opening a new claim (21-526EZ)

"If you are filing a claim for increased disability compensation or disagree with an evaluation decided more than one year ago "....

[GBArmy]

It's not a new claim. If you're within 1 year, I'd file a HLR.