Training on how to navigate VA system

[drago]

Hi All,

Is anyone aware of any free or reasonable cost training on how to navigate the VA system (file claims, higher level reviews, new evidence, etc)? My VSO who is/was excellent has moved on, and I'm sort of floundering without him and his system access. The folks in the county office are both new, and well intentioned, but I'm not sure they have the level of access to my file that he had. The one guy says he doesn't yet have the ability "to see behind the curtain", and the other fellow is newer than him, so I'm guessing he can't either.

Called a couple places (DAV and state office) but waiting on return calls, and realized as has been said in the forum before, no one will care about my claim like I will (and my previous VSO did). More knowledge can't hurt anyway.  I also just submitted online for my c file, but I don't think that will give me "live" access. I think I just get a pdf or pack of copies.

Anyway, looking for something that will help me manage my claim better if I do end up alone or working with a rookie VSO. Probably a bit above "VA for Dummies", but not much above that...

Thanks for any help or suggestions, and my apologies as this is probably on the forum already, I just cant seem to locate it,

D

[brokensoldier244th]

VBMS access to your live C file/Efolder is restricted to VBA and POA's/VSO's- This is due to federal privacy laws, not VA rules. The process for a POA to get certified to access records is long and is a pain, but I'm not, nor have I ever been, a VSO or POA, but I would assume that the access would transfer to the next VSO in the office, but maybe not. 

You can request the paper or electronic copy but it takes for ever, especially now, as claims have grown in number again during covid and are backed up more because while VBA has been working the whole time, and VHA in some capacity, the contractors do their own scheduling and at times over the last 2 years not been working at all. 

Here is the link to the same manual we use, just the external version. Its not a walk through, but its something at least. When we learn to navigate it it takes about 2-3 months of training and access before we start even looking at claims, much less working them. 

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000073398/M21-1-Adjudication-Procedures-Manual-Table-of-Contents

Edited December 22, 2021 by brokensoldier244th

[pwrslm]

The VA Form 21-22a states:

"By appointing the attorney or agent below, I give permission for other attorneys/agents and support staff within the same law firm/organization to have access to my file (to include information under Section 7332, Title 38, U.S.C.*) on behalf of my representation"

 

The VSO has a blanket permission to access your file. The new guys on your case need to be trained because they are within the same organization (VSO) as the originally appointed individual.

 

I changed from Legion to DVA and it took 3 months. Then I went to PVA and it took 2 weeks. The agent I was dealing with spoke to me every Friday and that probably had a strong effect on how long it took.

Until the VA gets a validation/acceptance from the VSO, it remains pending. If the VSO does not take action, it never goes into effect. Found that out when the DAV failed to respond until I called their offices about a dozen time complaining (frustration of purpose).

Edited December 22, 2021 by pwrslm

[pwrslm]

https://www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part1/ch03/M21-1I_3_SecB.docx

 

Info on VSO's connecting w/VARO

VSO's are able to review the decision and point out errors before it becomes final. This includes mistakes that would be considered CUE like the RO's failure to recognize evidence and apply its weight in the decision (example: if there were 3 visits to sickcall for xyz which proves the condition existed and was treated for in active duty, yet the decision would say there was no evidence without correction).

EVERY CLAIMANT SHOULD HAVE THIS RIGHT

it should not be exclusively for VSO's...

 

 

of special interest:
(page 14 of 16)

 

Is the rating the first decision being completed under the EP (i.e. EP has not been continued at authorization after a prior decision)?   ·   If yes, allow the VSO time to review the rating decision under the time limit established in M21-1, Part I, 3.B.3.b. ·   If no, -  notify the VSO (via phone, e-mail, or in-person communication) that a subsequent rating decision has been made and is available for review in the eFolder -  document telephone or in-person communication on VA Form 27-0820, Report of Contact, and -  allow the VSO time to review the rating decision under the time limit established in M21-1, Part I, 3.B.3.b.   Note:  Place a copy of the VSO notification and any additional correspondence in the eFolder.

Resolve any mistakes noted or clarifications requested by the VSO.   Notes:  ·   Disagreements with a decision should be pursued through the appellate process.  ·   The VSO will request clarifications from the person designated by local management to resolve the issue.

If the review results in   ·   no change to the rating decision, proceed to Step 8. ·   modifications to the rating decision, regardless of whether or not the new rating is related to the VSO’s concerns, repeat the prior steps.

 

 

 

[brokensoldier244th]

That link is outdated and historical information. 

What you are looking for is: M21-1   I.i.2.B.2.a.  Authority to Review a Claims Folder

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000181476/M21-1-Part-I-Subpart-i-Chapter-2-Section-B-A-Representatives-Right-to-Notification-and-Review-of-Records#2

Basically all of Sec B, but primarily what you are quoting above is incorrect- VSOs do not have current authority to review claims decisions before finalization.

I.i.2.B.2.k.  No Authority to Review Rating Decisions Prior to Issuance of a Decision Notice

 

[drago]

Thanks Fellows, it will take me a while to digest that and look at those links.

I actually stopped in the office today with a list of the C&P reports I need, and was told that the new person (who is the "director") doesn't have access yet as he needs more training, and no one else in the office has access either. It was suggested I contact the QTC doctors directly. So I am definitely on the hunt for a new vso and looking to educate myself.I know I can't get access to the various systems, but again, the more I know... the more I know.

Kind of sad really, because that is going to leave pretty much a whole county without support.

At this point, since still awaiting decisions on the 5 pending claims, all I really need is the reports themselves. I don't even need to take someone's time to go through them. Just record keeping for now...

[pacmanx1]

9 hours ago, drago said:

Thanks for any help or suggestions, and my apologies as this is probably on the forum already, I just cant seem to locate it,

IMHO (IN MY HUMBLE OPINION) I would say the best advice to give a veteran is to begin reading the 38 CFR part 3, part 4 and your claims file/folder and to know what is in your medical records/C-file. 38 CFR part 3 is the adjudication part of the ROs (REGIONAL OFFICES) manuals that regulates how the ROs rates veterans claims and rating decisions. 38 CFR part 4 is the actual regulation and how the ROs assign the rating percentages by symptoms and not diagnosis. Yes, Veterans still need to have the Caluza Elements to be awarded service connection, but disability ratings are based on symptoms. The Caluza Elements are: 1. An in-service event, accident or incident. 2. A current diagnosis and 3. A nexus letter/statement connecting 1. and 2. with a good medical rationale (Explanation).

It is equally important for veterans to read and re-read and understand their rating decisions, including any BVA or CAVC decisions. Most rating decisions will inform the veteran not only how to appeal if they disagree, but most rating decisions will also explain how the veteran can get a higher rating if the veteran feels that he/she should have been rated higher. Just because the RO rated your disability doesn’t mean it is correct and always check your effective date, the 38 CFR shows how the rating should be rated by symptoms and a veteran does not have to have all the symptoms to be rated at the higher rating, it really depends on the symptoms and how the symptoms are over several months. Symptoms can wax and wane (INCREASE AND DECREASE over time), but overall, still meet the higher rating. 

As to VSOs there are good and bad just as in anything. You can write and submit your own claims but keep a VSO just for minor thing as to checking the status of your request or just information on any new thing that the ROs come up with.

The internet is free.