Supplemental claims- something I found out today

[brokensoldier244th]

on a 20-0995 supplemental claims, if you file within a year of a decision you preserve the potential effective date, BUT supplemental claims can be filed at ANY time after a previous claim- even years, but the disagreement will have an Effective date of the 0995.  Also, you can submit an 0995 and vsrs are required to set up exams again and the exams themselves can constitute the New and Relevant evidence threshold. 

 

M21-III.ii.2.D  Adjudication Manual on Supplemental Claims

 

Edited May 28, 2020 by brokensoldier244th

[deedub75]

I have claims from 2010 that were denied in 2013.  I asked for a de novo review and it was still denied.  I sent to BVA and it took over 3 years for them to remand the claims because the judge was skeptical of the VA examiner's reasoning for the negative C&P exams.  The judge pointed out evidence that seemed to be ignored by the VA examiner and the VA examiner mentioned literature but did not provide the literature or even the names of the studies referenced.  That literature does not exist.  I opted into RAMP with an HLR and claim was sent back to the same VA examiner for a medical opinion.  The VA examiner made up new reasons for the denial.  There was a duty to assist error so I was allowed to file another HLR.  The claim again went back to the same VA examiner where she made different reasons for the denial again.  I asked my orthopedic surgeon to provide a nexus letter and submitted it with a supplemental claim.  My claim was finally taken out of the hands of the VA examiner who kept denying me and I was sent to a contractor.  After 10 years of fighting for these claims the were finally approved.  Even though I kept these claims open and didn't miss any deadlines, they made my effective date the date that they received the supplemental.  The evidence from the beginning of the claim shows that I had knees and back problems which the VA wasn't denying that I had.  I was claiming them as secondary to my service connected pes planus and right ankle but they kept saying it was impossible that pes planus and a bad ankle could cause knee and back issues.  A simple Google search says that pes planus and a bad ankle will through your gait out of whack and cause knee, hip and back issues.  My orthopedic surgeon could not believe that the VA would say this but what can you expect from VA examiners who are not experts in orthopedics?  I filed another HLR asking for an earlier effective date and if it's not fixed it will go back to BVA.  

Edited May 28, 2020 by deedub75

[USMC_VET]

On 5/28/2020 at 8:33 AM, brokensoldier244th said:

on a 20-0995 supplemental claims, if you file within a year of a decision you preserve the potential effective date, BUT supplemental claims can be filed at ANY time after a previous claim- even years, but the disagreement will have an Effective date of the 0995.  Also, you can submit an 0995 and vsrs are required to set up exams again and the exams themselves can constitute the New and Relevant evidence threshold. 

 

M21-III.ii.2.D  Adjudication Manual on Supplemental Claims

 

BrokenSoldier

 

This is interesting. I was deniedin 2016 and reopened my OSA secondary to PTSD in 2019 but was denied in 7/2019. I mistakenly in March thought the denial was earlier and also didnt know the latest VA regs so i included my OSA claim along with a new/increase claim and clicked "reopen" on ebenefits.  a few weeks after submission the VA told me i couldnt reopen and to pick an option (NOD, supplemental, etc) and since i thought the denial was earlier filed it as a supplemental claim.  I was JUST awarded it yesterday but the Effective date shows as 4/24/20 when the claim was received.  admittedly i havent gotten the letter yet but i have gotten it confirmed in the VA system it is awarded, without the letter i cant see if the ebenefits effective date is legit or not. 

if they stick with the ED of 4/24/2020 do you think i have a good chance of getting it at least backdated with retro back to last july when it was denied or when the ITF was filed in early 2019?

[Rattler]

You may or may not like my answer. If it was me I would file a NOD (Notice of Disagreement) I can't remember if its 995 or 996. I would ask for a RO (Regional Office) higher level review and I would ask for hearing at the RO. I would also submit with the form any proof of the earlier date even if you think it is in the record. The worst that can happen is they will deny you again and  issue a SOC. (Statement of Case) and you will have 60 days from the date to appeal to the BVA. The best case is the RO will issue the earlier effective date or you may have to go to the RO hearing. One thing I can't stress enough is pay atten to the dates and if they issue a SOC because of the time limits.