Do attorneys have certain visibility or knowledge to claim activity that I do not see in eBenifits & VA.gov? - Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC - VA Disability Claims Community Forums - Hadit.com Jump to content
!! Advice given is in no way a substitute for consulting with a competent Veterans law firm, such as one on the NOVA advocate website !! ×
New Donation Option Better for Us and You ×
VA Disability Claims Community Forums - Hadit.com
  • Search VA Disability Claims Information via HadIt.com Veterans

  • donate-banner-email-dec-2023.png

  • red-rectangle-thin-bar.png     ASK-YOUR-VA-CLAIM (1).png.    read-the-latest-discussion (1).png     veterans-crisis-line.jpg  


    red-rectangle-thin-bar.png

  • Who's Online   0 Members, 0 Anonymous, 19 Guests (See full list)

    • There are no registered users currently online
  • 0

Do attorneys have certain visibility or knowledge to claim activity that I do not see in eBenifits & VA.gov?

Rate this question


MKAH

Question

A few days ago, my attorney sent me this email on a PTSD claim I filed back in 2016 and have appealed to the BVA.  After getting this email, I checked eBenifits & VA.gov and they still read, "waiting to be sent to a law judge".

"I am reaching out to give an update on your case. We are currently pending a Rating Decision in response to the Board Appeal filed 05/18/21. If you have received any recent VA correspondence, please be sure to inform our office"

Thank You

 

Edited by MKAH (see edit history)
Link to comment
Share on other sites

Recommended Posts

  • 0
  • Moderator

Yes, its likely.  "If" your attorney jumped through the hoops to obtain VBMS access, and it appears as if he did, yes, he can see much more than you.  

VA does not currently allow Vets access to their VBMS file, only both VSO's and attorneys who have gone through the VA's vetting process which permits access to files he has POA on.  

Link to comment
Share on other sites

  • 0
9 minutes ago, broncovet said:

Yes, its likely.  "If" your attorney jumped through the hoops to obtain VBMS access, and it appears as if he did, yes, he can see much more than you.  

VA does not currently allow Vets access to their VBMS file, only both VSO's and attorneys who have gone through the VA's vetting process which permits access to files he has POA on.  

broncovet, 

That is very helpful.  A few minutes before you replied, I called the 800 number, and Peggy could not tell me anything other than it's "waiting to be sent to a law judge". However, Peggy did mention the claim went to the DOCKET on 05/18/21.

I forgot to mention the second part of the email from my attorney.  Not that it matters but it is an interesting question.

" If you have received any recent VA correspondence, please be sure to inform our office.  If there have been any updates to your medications, contact information, etc., please send the updated information."  

I did have numerous mediation changes which I forwarded as requested.

 

Thank you again.

 

 

 

Link to comment
Share on other sites

  • 0
  • Moderator

FYI- phone people are cleared for very little in VBMS- they can see our notes that we leave on claims as we work them, and more up to date status since VBMS updates in 'real time' and Ebenefits doesn't-thats about it. Plus Ebenefits is going away completely in March. Its been in drawdown for the last year and some as they move everything to VA.gov. I never trusted Ebenefits much when I was a veteran filing a claim, and we as VSRs NEVER use Ebenefits at all for work related, well, anything. Its its own thing. 

Edited by brokensoldier244th (see edit history)
Link to comment
Share on other sites

  • 0
  • Moderator

What can you specifically not see? I haven't used VA.gov at all except for printing up to date letters, or Ebenefits, in about 7 yrs. I finished filing my claims a long time ago. I do have an email to one of the development teams that works on VBMS and I could ask them about the team on VA.gov and who to contact for pushing feature requests if I have a list of something to give them. 

 

Link to comment
Share on other sites

  • 0

I have a substantial claim in for medical reimbursement. It has never shown on va.gov and ebenefits shows I have 2 claims but gives no information. I wonder what the reason is, that in 2021 and electronic communication we can't see what's happening with our claims? I think we should be able to view all claims, their progress and also receive US mail communications by email and by letter. It's a simple process of code and allowing the claimant access. But then, knowledge is power.

Link to comment
Share on other sites

  • 0
  • Patron
19 hours ago, brokensoldier244th said:

What can you specifically not see?

One thing is the documents submitted with a claim. In va.gov it only shows that something was submitted, but EB showed the actual documents that could be read/downloaded. We can no longer insure that submitted evidence is actually what the RO has. Anything missed when documents get scanned into the system will not show up until the Vet gets a copy of the CFile after the claim is closed.

 

 

Link to comment
Share on other sites

  • 0
19 hours ago, brokensoldier244th said:

What can you specifically not see? I haven't used VA.gov at all except for printing up to date letters, or Ebenefits, in about 7 yrs. I finished filing my claims a long time ago. I do have an email to one of the development teams that works on VBMS and I could ask them about the team on VA.gov and who to contact for pushing feature requests if I have a list of something to give them. 

 

My attorney stated in the email that: "...pending a Rating Decision in response to the Board Appeal...", however, VA.GOV shows "
Status: Your appeal is waiting to be sent to a judge."

Link to comment
Share on other sites

  • 0
18 minutes ago, pwrslm said:

One thing is the documents submitted with a claim. In va.gov it only shows that something was submitted, but EB showed the actual documents that could be read/downloaded. We can no longer insure that submitted evidence is actually what the RO has. Anything missed when documents get scanned into the system will not show up until the Vet gets a copy of the CFile after the claim is closed.

 

 

Since I have always been able to view documents that I have personally uploaded, in EB, I have never actually looked for them in VA.GOV.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Also,ebenefits is going to be phased out. Veterans should use VA.gov as well as ebenefits so you can learn to navigate and find what you need going into the future.

Link to comment
Share on other sites

  • 0
3 hours ago, GBArmy said:

Also,ebenefits is going to be phased out. Veterans should use VA.gov as well as ebenefits so you can learn to navigate and find what you need going into the future.

GBArmy,  Absolutely sir. 

When I want to check the status of a given claim, I first look at disability % in EBenifits.  If I see no change OR a change in percent, I then log into VA.GOV and look at the status of the specific claim.   

It's been my experience that if VA.GOV describes we agree with your appeal and have over-ruled the claim bla bla bla, but Ebenefits shows no percent change, the claim was approved but rated at zero %.  I know, because that happend to me. 

Also, it's been my experience that Ebenifits updates the percent if any, about a day or two prior to VA.GOV describing the final status of the claim... for better or worse. 

And of course, "review your payment history" in VA.GOV is usually updated (if an increase was awarded - resulting in retro pay) about the same time as the disability percent in Ebenifits.

I'll certainly be happy when this process eventually comes to a conclusion and that future Veterans will eventually have one portal that provides everything, they need to follow claims and related information.

 

Edited by MKAH (see edit history)
Link to comment
Share on other sites

  • 0
  • Patron
4 hours ago, MKAH said:

'll certainly be happy when this process eventually comes to a conclusion and that future Veterans will eventually have one portal that provides everything, they need to follow claims and related information.

I think a lot of us feel the same. We need transparency and accurate info.

Link to comment
Share on other sites

  • 0

I'd add one comment to this chain. I was told I would never be granted access to my own file in VBMS back in '16. Just for S--ts and grins, I put in a VAF 21-22a on myself and bingo-I was in 4 days later. I don't think they dialed in on it. Most of us are granted what's called Level 6 clearance in VBMS. I had a glitch preventing me from seeing a client's file last month and my point of contact here in Seattle  bumped me up to a Level 7 which is as high as an asst. RO director. 

We can see rating decision ready for promulgation. We can see all the ratings decisions, code sheets, c&p exams and the medical opinions. We have access to VHA's VistA computer records on the client. We can see the rater's notes and the rationale for deferrals of claims. We cannot change anything in VBMS but I can change things like a Veteran's current address in VACOLS or upgrade an incorrect POA in CASEFLOW.

Best of all, we are given a VA Outlook email account which comes with an address book of every VA employee from a janitor to a nurse... or a DRO or a rater and his/her title, email address and telephone number. Even Denis the Menace' number and email. 

A tech answering the 800 Dial-a-Prayer number has about a Level 3 and is extremely limited in what they can see. Oddly, my POC here in Seattle says they (VA employees) are not granted access to CASEFLOW. Period. It's like VACOLS and only deals with BVA appeals. I've also been told we can't access VACOLS but I haven't told them I can and do frequently. We can "see" a BVA decision grant or denial roughly 2 weeks before it's published and mailed.

One of these days VA will grant Vets access to this system in a very limited way. The operable phrase is "one of these days".  Here's a partial screenshot of my landing page in VBMS. Each item under Document type is a .pdf we can open to view. There are approximately 3500 Attorneys accredited in this business. Most do more than just VA claims. Oddly, of the 1200-odd NOVA attorneys/agents who only do VA claims and appeals, only about 500 have VBMS access. It's not an arduous process but you have to pass a stupid idiot test for VSOs to get started. Then the fingerprints and the CBI. Then the six month wait as only the VA can make you wait. If I didn't know any better, I'd think they didn't want me nosing around in their computer.

Having VBMS access is a godsend. You can react almost as quickly as they publish it. Since they postdate the letters they send out, some of my §5103 acknowledgements arrive before the date they are mailed to me or the client. That really messes with their minds.  

Happy New Year to all the Hadit crew and all you wonderful Vets. 

 

Spor.asknod22010414490.pdf

Link to comment
Share on other sites

  • 0

Yes it would be nice if veterans had access.

But what would be nicer is if a veteran had contact with the person working the claim appeal.

This no contact and the va feel they don't have to contact the veteran.

Is the major issue.

As far a vso and if they have access some do and some don't.

Just like some lawyers have access and some don't.

 

Link to comment
Share on other sites

  • 0
  • Patron

It would be a Godsend. Being able to ID errors and give notice (2 way communications) to the RO would likely reduce the number of appeals substantially. 

That might be the entire reasoning behind the blackout. The less appeals, the less they need funding, ergo the more appeals the greater need to petition Congress for more tax dollars. The logic behind government funding is in direct contradiction with conservation.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

I believe you can log into  ''va.gov   and check your claims status    but I doubt you can see all your records, you will need to log in or sign up for the access with your  SS # and Lower and upper case letter with at least 8 letters for the PASSWORD ...Most of us  file for our claims file  and it comes back on CD  it should have all your records in it

As for as the VBMS only  VA Certified VSO OR ATTORNEY'S AND Accredith VA Claims Agents  HAVE ACCESS TO IT AND I DON'T THINK THEY CAN LET US LOOK AT IT even  IF YOUR IN THEIR OFFICE, OR THEIR NOT ALLOWED TO LET US LOOK IN IT....Which is something I never really understood  when its our own Records

i BELIEVE THE VBA has access to the VBMS  theres a VBA OFFICE At your VAMC, GO UP TO THE WINDOW AND ASK THEM, YEARS AGO WE COULD    THEY WOULD TAKE YOU BACK TO THE VSO OFFICE OR CUTICAL  (SMALL ROOM OF SPACE WITH A DESK IN IT )  THEY LOOK ON THE COMPUTER AT THE VBMS  BUT NOT ALLOWED TO LET US LOOK IN IT. THEY ARE GIVEN A SECURITY CODE (Clearance) AND THEY NEED TO BE CERTIFIED BY THE VA TO GET THE CODE

someone mention the Ebenefits Site was going away and we will need to use va.gov to check our claims status  currently and in the past.

I just check my  claim for my spouse  for the A&A and it was in there  from my INT to the approval for her  and the BACK PAY it was all in there and the dates fililed and dates approved  ect,,,ect,,  but we can't get access to our ISR AND UNIT RECORDS  that will be in your C-FILE OR Supposed to be.

 

Edited by Buck52 (see edit history)
Link to comment
Share on other sites

  • 0
14 hours ago, asknod said:

I'd add one comment to this chain. I was told I would never be granted access to my own file in VBMS back in '16. Just for S--ts and grins, I put in a VAF 21-22a on myself and bingo-I was in 4 days later. I don't think they dialed in on it. Most of us are granted what's called Level 6 clearance in VBMS. I had a glitch preventing me from seeing a client's file last month and my point of contact here in Seattle  bumped me up to a Level 7 which is as high as an asst. RO director. 

We can see rating decision ready for promulgation. We can see all the ratings decisions, code sheets, c&p exams and the medical opinions. We have access to VHA's VistA computer records on the client. We can see the rater's notes and the rationale for deferrals of claims. We cannot change anything in VBMS but I can change things like a Veteran's current address in VACOLS or upgrade an incorrect POA in CASEFLOW.

Best of all, we are given a VA Outlook email account which comes with an address book of every VA employee from a janitor to a nurse... or a DRO or a rater and his/her title, email address and telephone number. Even Denis the Menace' number and email. 

A tech answering the 800 Dial-a-Prayer number has about a Level 3 and is extremely limited in what they can see. Oddly, my POC here in Seattle says they (VA employees) are not granted access to CASEFLOW. Period. It's like VACOLS and only deals with BVA appeals. I've also been told we can't access VACOLS but I haven't told them I can and do frequently. We can "see" a BVA decision grant or denial roughly 2 weeks before it's published and mailed.

One of these days VA will grant Vets access to this system in a very limited way. The operable phrase is "one of these days".  Here's a partial screenshot of my landing page in VBMS. Each item under Document type is a .pdf we can open to view. There are approximately 3500 Attorneys accredited in this business. Most do more than just VA claims. Oddly, of the 1200-odd NOVA attorneys/agents who only do VA claims and appeals, only about 500 have VBMS access. It's not an arduous process but you have to pass a stupid idiot test for VSOs to get started. Then the fingerprints and the CBI. Then the six month wait as only the VA can make you wait. If I didn't know any better, I'd think they didn't want me nosing around in their computer.

Having VBMS access is a godsend. You can react almost as quickly as they publish it. Since they postdate the letters they send out, some of my §5103 acknowledgements arrive before the date they are mailed to me or the client. That really messes with their minds.  

Happy New Year to all the Hadit crew and all you wonderful Vets. 

 

Spor.asknod22010414490.pdf 93.27 kB · 7 downloads

Wow, that's very interesting.  Thank you.

Link to comment
Share on other sites

  • 0

Good morning, everyone.  First of all, I want to thank everyone for contributing to my question with a wide variety of perspectives and personal experience.

 

My attorney's case manager finally returned my email where I asked:

"In your recent message, you mentioned "....We are currently pending a Rating Decision in response to the Board Appeal filed 05/18/21...." (my assumption that we were making recent progress)
Did the BVA reach out to your legal team or send you some kind of electronic or written notification that my claim was pending a Rating Decision?"

The attorney's case manager replay was:
"Your Board Appeal was filed on 05/18/2021 and we received fax confirmation on the same day. Board Appeals typically take longer to process than those sent to the Regional Office – the rough timeline is approximately 1 year pending."

So it appears to me, that private VA law firms like mine, are as far behind as the BVA.   Considering they filed the appeal seven months ago with same day fax confirmation, and I am just now being notified that my case is "..pending a Rating Decision...."  Unfortunately, due to the recent email from my attorney's case manager, I allowed myself to believe that this seven-year journey was close to a conclusion. On the flip side, I suppose another year or so, is certainly nothing to complain about.

Thank You again, I really appreciate the support of members on this forum.

 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • have-question-title-2.jpg

    • Read without registering.
    • Register to Post A Question.
    • Find Answers Fast - Search

    Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on. Use paragraphs instead of one massive, rambling introduction or story.

    Again – Make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.

    exclamation-mark-orange-gold.jpg How To Post

    Post a clear title like

    Need help preparing PTSD claim or “VA med center won’t schedule my surgery” instead of  ‘I have a question."

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?

    Note:

    Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.

    This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.

     

  • 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

×
×
  • Create New...

Important Information

Guidelines and Terms of Use