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can we have some input here


Berta

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regarding the AMA questions I brought up on page 7-8 ?

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Can anyone help ?

"This is what I do not understand, about the new claims process -and hope others chime in:

  1. "AMA provides Veterans choice and control when they disagree with a VA claim decision.

Under AMA, Veterans can choose from one of three lanes to have their decision reviewed: (1) supplemental claim; (2) higher-level review; or (3) appeal to the Board of Veterans’ Appeals. If a Veteran chooses to appeal to the Board, he/she can choose from one of three dockets: (1) direct review; (2) evidence submission; or (3) hearing request.

  1. Veterans keep their effective date under the new appeals process.https://www.blogs.va.gov/VAntage/62997/four-important-things-know-appeals-modernization/

If the vet is  in Lane one (supplemental claim- can they still request a higher level review, or  appeal to the BVA?

Can they only "choose" from one" ?

Can they send in a second supplemental claim? 

In this case here the BWN AO claims are in a Stay ( Moratorium) and vet orgs are fighting to get it lifted."

From pages 7-8 of :

 

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So depending on where you are at you can request one or the other, not both.  

From what I have done in the past you can always send in another, but typically they will combine them.  

This is just my experience with the process

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Yes, if you can meet the correct criteria, you can switch back and forth. You can request HLR; get denied; submit a supplemental claim; get denied; request a HLR, etc. Got to stay If you go to the BVA, same thing about other avenues appeals. Not sure you can go back again to the BVA though; if the challenge is based on a different supplemental decision I would assume so. Of course, like Shrek said, you only do one at a time.

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Thank you ALL- I was hoping that my pending issues (3 CUEs) would become part of the AMA but I had to file them all over again because the processing of survivor claims  and the proper forms for that ,have changed.

Luckily it means I am finally out of my RO's  jurisdiction-every claim I have had for 20 plus years there was denied, then subsequently awarded. But the Philadelphia VARO ,handling all survivors claims now, also committed a CUE when they first adjudicated my Nehmer claim and denied it.  (They awarded immediately when I filed CUE the next day) so I dont know what to expect and it has sure taken me a lot of time to copy again, all evidence that they should have, ( I keep my USPS tracking slips)  put past experience tells me, to copy it all again and explain my issues and the legal evidence, in the best way I can.

I do hope my audit request will alter the need for some of those CUEs, ( it could settle all of them ) but I have so little trust in VA these days, that I need to be sure that they have everything, at the Phila VARO as well as at the Buffalo VARO- where it appears my C file still is.

The only New thing Phila has to deal with is my new AO HBP death claim.

 

 

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Berta...according to Hill and Ponton, and others (Alex Graham), your claim is highly unlikely to be processed in Philadelphia VARO.  Instead, they go into a NWQ (National Work Que) and the next rating specialist of any VARO who is available works the claim, when the claimants turn comes up.  With 57 VARO's, and many working exclusively on appeals, this gives about a 2 percent chance your claim will be worked in Philadelphia.  1/55 equals approximately 2%.  Hill and Ponton and Alex Graham better explain the NWQ:

https://www.hillandponton.com/is-the-new-va-appeals-ama-system-better/?utm_source=ActiveCampaign&utm_medium=email&utm_content=Has+the+New+VA+Appeals+System+Been+Better+for+You%3F&utm_campaign=4th+Week+of+October+2019

Alex has posted on the NWQ, multiple times, one is here:

https://asknod.org/2019/05/12/varos-mean-mr-mustard/

Paraphrasing Alex's comments, he apparently does not like nwq.  Prior to NWQ, he could call the rater if he thoght the rating specialist made the decision while under the influence of intoxicating substances, and, perhaps get him to change the decision.  

Apparently he could and did develop a rapport with several senior raters.  However, now with NWQ, he is unable to establish a rapport with 55 rating teams in varying states throught the USA.  

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Berta...according to Hill and Ponton, and others (Alex Graham), your claim is highly unlikely to be processed in Philadelphia VARO.  Instead, they go into a NWQ (National Work Que) and the next rating specialist of any VARO who is available works the claim, when the claimants turn comes up.  With 57 VARO's, and many working exclusively on appeals, this gives about a 2 percent chance your claim will be worked in Philadelphia.  1/55 equals approximately 2%.  Hill and Ponton and Alex Graham better explain the NWQ:

https://www.hillandponton.com/is-the-new-va-appeals-ama-system-better/?utm_source=ActiveCampaign&utm_medium=email&utm_content=Has+the+New+VA+Appeals+System+Been+Better+for+You%3F&utm_campaign=4th+Week+of+October+2019

Alex has posted on the NWQ, multiple times, one is here:

https://asknod.org/2019/05/12/varos-mean-mr-mustard/

Paraphrasing Alex's comments, he apparently does not like nwq.  Prior to NWQ, he could call the rater if he thoght the rating specialist made the decision while under the influence of intoxicating substances, and, perhaps get him to change the decision.  

Apparently he could and did develop a rapport with several senior raters.  However, now with NWQ, he is unable to establish a rapport with 55 rating teams in varying states throught the USA.  

However, the good in the NWQ seems to be your point:  Its easy to pi%* off a whole regional office, and, even if you get a new rater, they talk about you at the water cooler so you are gonna get denied. 

I found that to be true at my VARO (Cleveland), and I desperately wanted out of there.  Cleveland VARO has good reasons to be mad at me; I filed a writ of mandamus against them for shredding my documents, as well as filing a VAOIG complaint.     Altho the offending VARO director is no longer there (she has been promoted to VACO), there are her friends there still seething at me.  That writ caused them extra work.  

    I have had at least a dozen decisions out of Cleveland VARO, all of which have been appealed and reversed, (at least to some degree) except the last 2, which are pending at the BVA.  Maybe the board is getting sick of me also.  

     Im very happy about getting out of Cleveland, with the NWQ!

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