Appealing Ramp Decision

[awgv001]

I opted into ramp (2018), and my claims were processed quickly (2019), all denied - Would the appropriate form attached move my claim along via RAMP though it has been discontinued, but started off in this process??

Can the form 10182 be used, or does it HAVE to be the 21-4138 attached at the back of the decision....reason being is because I think we may have royally screwed up, and we filed a 10182

- but my claim is moved to AMA anyways or???

My current appeal is docketed - but.....I'm just scared that the wrong form being used not only is dragging my claim along, but may be struck down for using the wrong form!!!

I'm wanting to go to my VSO tomorrow and correct this...I don't know what to do, and it sounds like my VSO doesn't either...

So I plan on submitting the 21-4138, regardless of the other filing we did originally - even though ramp ended in February - there is still time for those who went RAMP to get in their last minute appeals and such right!?

Edited January 22, 2020 by awgv001

[broncovet]

My "opinion" (unsubstantiated) is that it wont matter once you have reached the docketing at BVA.  

If you use the wrong form, the VA is supposed to inform you (duty to assist) and let you know what the right one is.  

To get to the BVA I think you still file a Form 9.  Its been a while and stuff has changed...

Regardless, if you have been docketed, I dont see the BVA docketing it, then denying because you used the wrong form.  

Sometimes, the form gets sent to the wrong address.

Did you get a letter from BVA that your case is pending or docketed?  If you did I would not worry about it.  

[broncovet]

The 10182 has a "date" of Feb 2019.  You should be good to go..I checked..at least that is the date on the one I looked up.  Do you have a copy and what date does it say?

The 21-4138 that came with my denial was to opt into ramp, or do stuff like a waiver of RO consideration, if I recall.  

[awgv001]

19 minutes ago, broncovet said:

The 10182 has a "date" of Feb 2019.  You should be good to go..I checked..at least that is the date on the one I looked up.  Do you have a copy and what date does it say?

The 21-4138 that came with my denial was to opt into ramp, or do stuff like a waiver of RO consideration, if I recall.  

@broncovet Taking a second glance at it, toward the bottom of RAMP REVIEW RIGHTS "If you are still within your one-year period at the conclusion of RAMP - you may seek review by filing under the new claims and appeals system"

Yeah, I'd say its good, but at first glance I was like O_O ohhh nooo...

Yes, my claim docket date is for APR 2019, appeal was timely filed, just gotta ride it out and catch some more fish.

[blahsaysme2u]

@awgv001 you near Roanoke VA? you fly fish? hit me up man!

[Phury & Rhage]

Hi all,

The 4138 that came with your RAMP decision is no longer valid to appeal those decisions.  I believe the final date those were accepted was April 26, 2019.  That said, I regularly see those claims opened and then cancelled, because a) not everyone knows the rules, and b) the rules have changed since the implementation of AMA.  

Your 10182 is the valid form to use to appeal to the BVA for a RAMP decision - or any decision issued on or after February 19, 2019.  You can send the 4138 in if you want, but it should be (hopefully will be) ignored.

Good luck with your review!

Phury

[Guest]

I know this post is a little late but that RAMP program is just a way for VA to deny the veteran's claim and force the veteran to file an appeal. In my own post I have been out of the loop for several years but I guess this is a new way VA can get a claim off their books and into the black hole of appeals which is about 3-5 three to five years or like mine which I have been waiting 21 twenty one years.