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Rating control?


Mantana
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Question

I filed my claim in July, in December I received service connection for some of it and the rest was not rated nor was a decision made. I sent a 21-4138 in explaining I never received a decision. Now my claim was reopened as "Rating control."

Can someone shed some light on what this means. Is it s good thing?

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17 minutes ago, Mantana said:

I filed my claim in July, in December I received service connection for some of it and the rest was not rated nor was a decision made. I sent a 21-4138 in explaining I never received a decision. Now my claim was reopened as "Rating control."

Can someone shed some light on what this means. Is it s good thing?

It sounds like your claim was "officially" re-opened - but keep an eye on the clock, and if you don't have an answer within a year of your original claim - get your appeal filed as to preserve your most effective date!!

I wouldn't want to be the rater that signed off on this one LOL. All in all, it's neither good nor bad, it just means that until they uncover whatever happened, and perhaps review the evidence all over again, you won't have a conclusive answer - but it IS being worked on!

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This was helpful.  Its a good example of VA not doing their job.  They were not supposed to close your claim without a decision.  I guess its a good thing in that, at least, you should get a decision now.  Where is VA's accountablility for stuff like this???  38 CFR 3.103 prohibits VA from closing a claim without a decision, but they do that anyway.  At least its moving forward.  

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As most of us have learned there is no accountability at the VA.  I too suggest filing an appeal within one year to the BVA if your claim is still silent on the requested disabilities.  My claim of neuropathy went silent while I was denied other disabilities.  I kept appealing and after ten years the BVA awarded the silent claim for neuropathy when I presented an IMO.

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On 1/15/2020 at 4:01 PM, awgv001 said:

It sounds like your claim was "officially" re-opened - but keep an eye on the clock, and if you don't have an answer within a year of your original claim - get your appeal filed as to preserve your most effective date!!

I wouldn't want to be the rater that signed off on this one LOL. All in all, it's neither good nor bad, it just means that until they uncover whatever happened, and perhaps review the evidence all over again, you won't have a conclusive answer - but it IS being worked on!

How do I file an appeal on something with a decision not yet made? Seems strange. I would rather do a higher level review of it. I provided more than enough evidence including a dbq by the proper doctor. There is even a statement in support of claim as well. It's all in my claim

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1 hour ago, Mantana said:

How do I file an appeal on something with a decision not yet made? Seems strange. I would rather do a higher level review of it. I provided more than enough evidence including a dbq by the proper doctor. There is even a statement in support of claim as well. It's all in my claim

You would be filing an appeal on the entire claim that was involved with the unrated contentions - and then simply providing the sheet you filed with that has all the contentions you listed in its entirety, along with the fax page that shows the VA received your request, and like @broncovet said, citing the 38 CFR 3.103 - this was a major error on their part!

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