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)

[Berta]

Miken, when you submitted the 5103 waiver- did you list your evidence , as stated above, on that waiver?

I mentioned this before, because I had a VCAA violation in the past and the 5103 waiver ( AKA VCAA) they sent to me was for two claims,

I had listed and enclosed the evidence for one claim ( I only needed one piece of evidence for that, and listed all of the evidence for the second claim,enclosed as well ,again, on the 5103. Someone called me from my VARO (who had promised to send me a 5103 because I never got the one they said they had sent)and I asked them to briefly read off to me the evidence I had listed ( and again enclosed) for the first and second claim.

They did. They had all of that but have yet to even read it for the second claim.

The first claim was denied and then within 3 weeks reversed via a CUE I filed the day after I gt the denial.

I had to file CUE on the award letter.for that as well as CUE on the second claim.

It is an issue I am fighting over now.I was so fed up that I sent the VA IG, the VA district counsel and two VARO directors a request for audit as well as a proper award based on all evidence of record.

If the VA ignores probative evidence it is a CUE.

The 5103 gives a claimant ( if they follow my advice to list their evidence on the 5103 and even send it again with the  5103 response form)

is another viable way of supporting a CUE under 38 CFR 4.6 if the VA ignores the evidence.

 

 

 

[Miken2c74]

2 hours ago, Berta said:

Miken, when you submitted the 5103 waiver- did you list your evidence , as stated above, on that waiver?

I mentioned this before, because I had a VCAA violation in the past and the 5103 waiver ( AKA VCAA) they sent to me was for two claims,

I had listed and enclosed the evidence for one claim ( I only needed one piece of evidence for that, and listed all of the evidence for the second claim,enclosed as well ,again, on the 5103. Someone called me from my VARO (who had promised to send me a 5103 because I never got the one they said they had sent)and I asked them to briefly read off to me the evidence I had listed ( and again enclosed) for the first and second claim.

They did. They had all of that but have yet to even read it for the second claim.

The first claim was denied and then within 3 weeks reversed via a CUE I filed the day after I gt the denial.

I had to file CUE on the award letter.for that as well as CUE on the second claim.

It is an issue I am fighting over now.I was so fed up that I sent the VA IG, the VA district counsel and two VARO directors a request for audit as well as a proper award based on all evidence of record.

If the VA ignores probative evidence it is a CUE.

The 5103 gives a claimant ( if they follow my advice to list their evidence on the 5103 and even send it again with the  5103 response form)

is another viable way of supporting a CUE under 38 CFR 4.6 if the VA ignores the evidence.

 

 

 

Hey Berta,

I hadn't submitted a 5103 until like a month ago because they never asked me for one. I did not submit any evidence because this evidence was already on file, the VA just neglected it.

[Miken2c74]

Oh and Berta I fill blessed you asked me a question

[Berta]

Miken, I am sorry  I have not looked over your thread here before-so many vets here help so many others, but I am glad I caught this post.

Have you scanned and attached the  denial  here yet? If not can you do that? Please cover your C file # and name, prior to scanning it.

What get me is when they changed the VCAA to the 5103 waiver.

The VCAA letter arrived ,it seemed, soon after anyone  filed a claim. The VCAA was shaped for widows differently then for veterans but still, if it complied with the VCAA fully, it stated clearly what evidence they needed.

I have no idea why they now send the 5103 at the last minute.

It seems to me they want the claimant  to say they have no more evidence ,so that the claim can be decided fast.

If we think they do have and will use all the evidence we have sent, it is easy to sign the waiver and send it back to them.

But that seems to make it easier for them to ignore the probative evidence, that we did send.

I hope you can scan the denial or tell me if it is in this same thread?

 

 

 

[Miken2c74]

Berta one of the decision letters that I received after the Aug 2018 exam and before I wrote my letter explaining what had happened during the exam should be in this thread.

 

[Miken2c74]

I think what has happened is they have actually read the letter and maybe they see it right