Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    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

  • 0

Supplemental Claim


Question

I am at a complete loss here.  I submitted a supplemental claim in 2/3/2020 for where I claimed my back and both knees secondary to bilateral pes planus and right ankle injury.  The claim moved quickly and I had C&P exams on 3/13/2020.  I checked on eBenefits today and saw that they granted back and both knees and even added 4 more contentions that I had not claimed.  However, they made 2/3/2020 the effective date for all contentions which completely defeats the purpose of getting earlier effective dates for all my percentages.  I called DAV and they told me that they indeed finalized the claimed with 2/3/2020 as the effective date.  

These claims go back as far as around 2011 or 2012 and it ended up in appeal on 2013.  I had a DRO review it and it was denied again in 2014 so I sent it to BVA where it sat there until they were remanded in 2017.  I asked for a HLR in RAMP because I didn't want to wait for legacy BVA.  It was denied again in July 2019 and so I got a nexus letter from my personal ortho doctor and send it in as a supplemental claim in Feb 2020.  So I've basically kept these claims open since at least 2012.  I have no idea why in the world they would put my effective date as 2/3/2020 on the date they received my supplemental claim.  DAV says I should just send it directly to BVA and and ask for earlier effective date and they will sort it out.  They said if I send it for a HLR they will just regurgitate the same info and leave the date the same.

What say you?

Link to post
Share on other sites
  • Answers 26
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Popular Posts

OK, I did have a VSO. I had to fire him after a few years because it felt like he was a part of VA.  He even told me to drop my claim. I decided to fire him and go on myself.  Now I did get a lawyer f

Recommended Posts

  • 0

The problem is the DRO is the same as the HLR and they could grant your EED.  The DRO has the power to grant but they seem to just rubber stamp a denial and force claims to go to the BVA.  Hate to say it but it is a crap shoot, yes you are correct, the continues pursuit of a claim warrants the earliest effective date but how far you have to appeal  is unknown.  The HLR is supposed to take several months between five and six months but the BVA will take years.  You could do both because if you go the HLR route and disagree, you still can appeal to BVA.  Even though BVA granted my claim, the local VARO denied my effective date so my claim had to go back to BVA to win my earliest effective date.

Link to post
Share on other sites
  • 0
  • Moderator

For what it's worth, I would just go BVA. If there are a lot of back and forth actions, even if the HLR wasn't going to low-ball you, he could just get it wrong anyway. If you do and the decision is remanded and you don't like the answer, you can still go back to the BVA at the head of the class (go to the head of the docket again.) I'm not a real big fan of HLR unless the appeal is just blatantly obvious that the original decision was an error. It will take longer, as Pere has advised, but eventually you have a better shot at getting a correct decision. IMHO.

Link to post
Share on other sites
  • 0
1 hour ago, pete992 said:

The problem is the DRO is the same as the HLR and they could grant your EED.  The DRO has the power to grant but they seem to just rubber stamp a denial and force claims to go to the BVA.  Hate to say it but it is a crap shoot, yes you are correct, the continues pursuit of a claim warrants the earliest effective date but how far you have to appeal  is unknown.  The HLR is supposed to take several months between five and six months but the BVA will take years.  You could do both because if you go the HLR route and disagree, you still can appeal to BVA.  Even though BVA granted my claim, the local VARO denied my effective date so my claim had to go back to BVA to win my earliest effective date.

They are processing supplementals and HLRs in record time now.  They have cut down the number of new claims and they now moved those extra people to clear out the appeal backlog.  My friend there got temporarily promoted to a DRO to help knock down the appeals backlog.  

I faxed my supplement claim in on 2/3/2020.  I had exams on 3/13/2020 and it was completed on 3/17/2020.  Probably why they got the effective date wrong.  

Link to post
Share on other sites
  • 0
1 hour ago, deedub75 said:

They are processing supplementals and HLRs in record time now. 

You got your supplemental completed in record time and it wouldn't be a surprise that they did not do any research on it. If you have the evidence to show the effective date you have and they are moving at record pace on supplementals, what is the cost of going that route first? 

I will admit though, I'm a novice at this and have only done supplementals because I have wanted to add to my claims to weigh in my favor prior to going the other routes.

Link to post
Share on other sites
  • 0
10 hours ago, bellrungboxer said:

You got your supplemental completed in record time and it wouldn't be a surprise that they did not do any research on it. If you have the evidence to show the effective date you have and they are moving at record pace on supplementals, what is the cost of going that route first? 

I will admit though, I'm a novice at this and have only done supplementals because I have wanted to add to my claims to weigh in my favor prior to going the other routes.

That's what I was thinking.  What do I have to lose if I do another supplemental or even a HLR?  It may take them a couple of months to fix it but I don't know how long appeals at the BVA are taking now.

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
        • Thanks
        • Like
      • 12 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 8 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines