My Supplemental Claim was closed in less than two weeks

[oldfatman]

I did a supplemental claim regarding my Severe anxiety and depression . I am already receiving SSD for this issue. My initial Claim was denied. They said it was not service related. I sent the VA 5 new pieces of evidence and asked them to look up 3 things in my service and medical records. I can't believe they did any of that in less than two weeks. I have been advise to get a lawyer for the next appeal step. Is this Normal for VA to just blow off my Appeal?

[oldfatman]

It's been a week since they closed my case. My disabilities page on e-Benefits has not changed. It should have already changed if they gave me anything right? Still have not received the letter either.

Edited January 23, 2020 by oldfatman

[Vync]

Keep in mind that what you see on e-benefits is not always accurate. I had an entire claim go through from initial to completion and it was stuck in "gathering evidence" status the entire time.

From what I have read lately, it takes a week or two from the time the claim is complete to receive the rating decision letter in the mail.

You can call 1-800-827-1000 and ask for the claim status. If complete, they will tell you if a decision letter has been placed in the system. If it has, they are not allowed to tell you what it says. This is a good way to just confirm the existence of the letter.

You can get the letter earlier a couple of ways:

1. If you filed your claim through a VSO, such as DAV or VFW, you can ask them to look in VBMS and they should be able to tell you what is in the letter or print it out for you.

2. If you live near the VA regional office, you can go there and they can print it out. I always recommend calling the regional office before you go to verify. I live a couple of hours drive from mine and don't want to waste a trip.

 

Regarding the two week denial, that often happens when the VA regional office reviews your service treatment records or personnel files and says you did not complain or seek treatment for the claimed disability. Keep in mind that they are often wrong. In the decision letter, the VA is required to tell you why they came to their decision.

[oldfatman]

I received my decision Letter for the Supplemental Claim today : "The Previous Denial of Service Connection for Major Depressive Disorder is Confirmed and Continued.

" Service Connection for major depressive disorder is denied since this condition neither occurred in nor was caused by service" 

"You have been diagnosed with a disability. Your VA examination dated October 23, 2019 shows a diagnosis of major depressive disorder."

 

I never said the Marines caused my condition. Only that my service time made it worse. They seem to completely ignore this.

They do not deny my Disability, only that the Marines didn't cause it. I never said it did.

 

Did not submit my original Claim correctly? 

[broncovet]

Often you have to appeal to the BVA.  Supplemental/HLR rarely produce fruit.  My advice is to appeal to the BVA.

[vetquest]

I am with Broncovet on this.  I would appeal to the BVA.  If you are confident enough you could try to do it yourself but that can be very difficult.  I would look for a NOVA approved lawyer if you are not confident in doing it yourself.  They have the ability to communicate to the BVA when your case is there.  If the first lawyer turns you down try several others.  When I filed my claim with the BVA I talked to three lawyers offices and only on responded to me.  They handled my case very well and got everything approved.  

[Vync]

 BVA is an option, but before doing that, make sure that your evidence is sufficient. You may need to request a copy of your service treatment records, military personnel folder, and possibly any C&P exam findings (if you had any). That's very helpful to have. Expect any lawyer to ask if you already have this documentation.

When the VA produces rating decisions, they are required to explain the reasons for the decision. If they cannot find anything in your service treatment records, they are very likely to deny it outright.

However, if you can find anything they missed, it could be very helpful. 

If you had an event/injury in service or sought treatment within the first 12 months after leaving service, that might be helpful.

 

Here are some laws/rulings about what the VA is supposed to do when they create the rating decision:

Quote

 

Gilbert v. Derwinski, 1 Vet. App. 49, 57 (1990) (holding that the Board's statement of reasons or bases is adequate when it is sufficient to enable a claimant to understand the precise basis for the Board's decision and to facilitate review in this Court)

The Board must provide a statement of the reasons or bases for its determination, adequate to enable an appellant to understand the precise basis for the Board's decision, as well as to facilitate review in the Court.  38 U.S.C. § 7104(d)(1); Allday v. Brown, 7 Vet. App. 517, 527 (1995); Gilbert v. Derwinski, 1 Vet. App. 49, 56-57 (1990). 

To comply with this requirement, the Board must analyze the credibility and probative value of the evidence, account for the evidence it finds persuasive or unpersuasive, and provide the reasons for its rejection of any material evidence favorable to the claimant.  Caluza v. Brown, 7 Vet. App. 498, 506 (1995), aff'd per curiam, 78 F.3d 604 (Fed. Cir. 1996) (table). 

The Court "has long held that merely listing evidence before stating a conclusion does not constitute an adequate statement of reasons or bases."  Dennis, 21 Vet. App. at 22 (citing Abernathy v. Principi, 3 Vet. App. 461, 465 (1992)).

 

 

 

That's a vague explanation.

Quote

 

Gilbert v. Derwinski, 1 Vet. App. 49, 57 (1990) (holding that the Board's statement of reasons or bases is adequate when it is sufficient to enable a claimant to understand the precise basis for the Board's decision and to facilitate review in this Court)

The Board must provide a statement of the reasons or bases for its determination, adequate to enable an appellant to understand the precise basis for the Board's decision, as well as to facilitate review in the Court.  38 U.S.C. § 7104(d)(1); Allday v. Brown, 7 Vet. App. 517, 527 (1995); Gilbert v. Derwinski, 1 Vet. App. 49, 56-57 (1990). 

To comply with this requirement, the Board must analyze the credibility and probative value of the evidence, account for the evidence it finds persuasive or unpersuasive, and provide the reasons for its rejection of any material evidence favorable to the claimant.  Caluza v. Brown, 7 Vet. App. 498, 506 (1995), aff'd per curiam, 78 F.3d 604 (Fed. Cir. 1996) (table). 

The Court "has long held that merely listing evidence before stating a conclusion does not constitute an adequate statement of reasons or bases."  Dennis, 21 Vet. App. at 22 (citing Abernathy v. Principi, 3 Vet. App. 461, 465 (1992)).