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VA issued me its rating decision letter on 1/19/2021; how long do I have to challenge the decision?

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Yoshi1992

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Hello Everyone,

  This is my first post.  Glad I found this website.  Seems like you have some great resources and helpful people here.  But as a new member of the community, it's pretty overwhelming trying to sort through everything.  Ah, I'll figure it out in time.

Background:  On January 19, 2021, the VA sent me its decision letter on my PTSD claim.   I don't agree with their decision--let alone understand it.

Question:  How much time do I have under the law, federal regulations, or whatever authority applies to challenge their decision?  Although this sounds like a simple question, the VA's review rights form was confusing.  On their enclosed explanation form (VA 20-0998), it said I had "one year" from the date of the decision notes to elect a review options (Supplemental Claim, Higher-Level Review, or Appeal to the Board).   But just a couple sentences later, the form said "if you are a party to a contested claim, you must file an appeal to the Board within 60 days..."

Whoever wrote the VA form isn't going to score any points for clarity.  😔  Thank you in advance for any answers/explanation.

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Yes, the letter they are referring to is your notification letter.

Congratulations on your win😃

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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The supplemental lane (0995 and 0996) are internal. The first (0995) lets you submit more evidence, the second (0996) is a re-review of the evidence on record. 

 

The 1 yr is for a formal appeal if you want to keep the effective date. Supplementals still count in the appeal timeline, though, so if you do an 0995 or 0996 first, and don't win your claim you are still considered in active appeal so if you go to the BVA your original effective date that you are contesting is still in play. 

 

The Earth is degenerating these days. Bribery and corruption abound.Children no longer mind their parents, every man wants to write a book,and it is evident that the end of the world is fast approaching. --17 different possible sources, all lacking verifiable attribution.

B.S. Doane College, Mgt Info Systems/Systems Analysis 2008

M.S.Ed. Purdue University, Instructional Development and Technology, Feb. 2021

M.S. Purdue University Information Technology/InfoSec, Dec 2022

100% P/T

MDD

Spine

Radiculopathy

Sleep Apnea

Some other stuff

-------------------------------------------
B.S. Info Systems Mgt/Systems Analysis-Doane College 2008
M.S. Instructional Technology and Design- Purdue University 2021

 

(I AM NOT A RATER- I work the claims BEFORE they are rated, annotating medical evidence in your records, VA and Legal documents,  and DA/DD forms- basically a paralegal/vso/etc except that I also evaluate your records based on Caluza and try to justify and schedule the exams that you go to based on whether or not your records have enough in them to warrant those)

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