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  • 14 Questions about VA Disability Compensation Benefits Claims

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading


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kanewnut

CUE My latest VA denial for TDIU - II

Question

I have received the receipt from USPS for my CUE that I sent to VA. This was back on 20 August. I have looked on VA.GOV and I don't see anything about it. Shouldn't I have received something by now. It looks as though they are trying to totally ignore me.

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I agree with the others put in an IRIS inquiry. 

Close to two and 1/2 months you should have heard something...even if they are logged down.

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This is what I received from my IRIS inquiry. They just treated it as correspondence and weren't going to notify me or anything. This doesn't mention VA form 526ez, which a call to Peggy is what they told me I had to use. As usual nobody knows what is going on.

 

This is in response to your inquiry to the Department of Veterans Affairs (VA) dated November 8, 2019.

We appreciate the sacrifice and service of our nations Veteran’s.

We apologize for the delay in responding to your inquiry. We are currently experiencing a large volume of inquiries and are working as quickly as possible to respond to each in a timely manner.

We also show you submitted another inquiry 191122-000931, and 191122-000943. We will address your concerns in this inquiry response. 

We did not receive a claim form from you on or about August 20, 2019.

A review of our electronic records indicates that on August 26, 2019, we received sixteen pages of correspondence from you explaining you feel that there was a clear and unmistakable (CUE) in a prior decision.

We show the regional office (RO) mailed you 

VA updated its regulations to require the use of standard claim and appeal forms. Requiring the use of standard forms enables Veterans and their survivors to clearly state what benefits they are seeking. This reduces the potential for claim processing delays and enables VA to more efficiently deliver benefits.

In general, if you do not agree with decision, you should write and tell us why by submitting one of the forms described below. 

Appeals Modernization Act (AMA) 

Beginning February 19, 2019, VA will review decisions (appeals) in accordance with the new Appeals Modernization Act (AMA). After February 19, 2019, VA will no longer accept VA Form 21-0958, Notice of Disagreement, or requests for reconsideration. 

What are the new options for review? (VA Form 20-0998, Your Rights To Seek Further Review Of Our Decision)

You have three options for review:

Option 1: Higher-level Review (VA Form 20-0996, Decision Review Request: Higher-Level Review)

Your claim is reviewed by a more senior claims adjudicator and involves:
•A higher-level de novo review (new look) of the decision
•No submission of new evidence allowed
•The possibility of overturning the decision based on:
•A difference of opinion
•A clear and unmistakable error

The reviewer, who identifies or learns of a duty to assist error, can return the claim to the regional office for correction. You or your representative can request an informal phone call to identify specific issues. 

Option 2: A Supplemental Claim Lane (VA Form 20-0995, Decision Review Request: Supplemental Claim)

You can submit or identify new and relevant evidence to support your claim. VA will provide assistance in developing the evidence.

Option 3: Appeal Lane for Appeals to the Board (VA Form 10182, Decision Review Request: Board Appeal (Notice Of Disagreement))

This option allows you to appeal directly to the Board of Veterans’ Appeals. You can choose between three options: 
•Direct review: You have no new evidence and do not want a hearing. 
•Evidence submission: You have new evidence, but do not want a hearing.
•Hearing: You have new evidence and want to testify before a Veterans Law Judge.

For additional information, please visit https://benefits.va.gov/benefits/appeals.asp

We have also attached a fact sheet and brochure with additional information.

Please submit your VA Form to the intake center location provided below. Copies of all forms noted above have been attached to this reply for your convenience; however, you may also print additional copies from the following web site: http://www.va.gov/vaforms/.

It may be beneficial for you to contact your Veteran Service Organization (VSO): Disabled American Veterans (DAV). The VSO are not part of VA. The VSO are recognized national and state organizations that help Veterans and their dependents and survivors with their claims. These services are provided without charge. The VSO can help you with questions about your claim. You may find contact information for the DAV online at: https://www.dav.org/contact-us/

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please see our other contact information below.

Sincerely yours,

J. Billington
National IRIS Response Center Manager
jes

Enclosures: 
VA Form 10182
VA Form 20-0995
VA Form 20-0996
VA Form 20-0998
Appeals Modernization Fact Sheet

How to Contact VA:

Online:
www.va.gov 
www.ebenefits.va.gov 

By phone: 
(800) 827-1000
(844) MyVA311 (698-2311)
Telecommunications Device for the Deaf (TDD) 711

By fax: 
Toll Free: (844) 531-7818
Local: (248) 524-4260

When submitting all claims:
U.S. Department of Veterans Affairs 
Intake Center
PO Box 5235
Janesville, WI 53547-5235

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Thats all BS  YOU can Appeal and tell them what your appealing on toilet paper a slong as someone can read it , I had a Senior Rater tell me that with 30 years experience  this new AMA Crap is there excuse.  which to me is total B.S.

AS Long as the VA knows what you want they are suppose to accept that and get back to you.

now proper claims form maybe true  so the VBMS Can read it to automatically copy it. ect,,,ect,,,,

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