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

[MKAH]

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 December 30, 2021 by MKAH

[MKAH]

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.

[MKAH]

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.

 

[brokensoldier244th]

I'm sorry that your appeal is held up. It helps  to know that the private side is as backed up as we are- not because of animosity to you or any glee in the process taking longer, but it allows me background knowledge of the process happening outside in the wild, as it were. I don't file my own claims anymore- 1. I can't, and 2. I'm done anyway. But, I did use Ebenefits for about 15 yrs when I did, from 2002- 2017 so Im well aware of its shortcomings.

 

I don't work appeals, and I rarely, if ever, hear from POA's, etc, so information like yours and what was posted earlier about what POA's see on their end is immensely helpful to me. I also do some application testing on things like VA.gov and Ebenefits when solicitation for volunteers is put out, and stuff like this is helpful for me to pass on to the application people. 

[FormerMember]

Jez, Buck. I didn't know I wasn't supposed to let my clients look at my VBMS feed. I did the TRIPS check ride on VBMS and CASEFLOW back in '18, and they sure didn't forbid this. It's the Vets' information so I cannot fathom why they would not be allowed to see it in real time. Unless, or until someone with authority calls/emails me and tells me not to, I intend to continue. 

As for what VSOs have for a VBMS access level, you got me on that one. Level 6 was enough to get into VistA and CAPRI. Level 7 seems to allow me to view MAPS, CWINRS.exe and TIMS printer default functions I couldn't get into earlier. One thing you have to understand, all we can see is our own clients' files- no others. I'm too busy to go on safari and rattle VBMS' doors. 

[brokensoldier244th]

You can access your unit records the same way we do- request them from the National archives or DPRIS. Personnel records are supposed to be sent automatically from the services, that doesn’t always happen and I have to request it again. You can also request them from 

https://milconnect.dmdc.osd.mil/milconnect/ after you log in, then look under your correspondence. You can request them from DPRIS. 

 

as for the rest, I don’t know what VSOs are and aren’t supposed to do our show you That’s their job to know that. If they want to show you then so be it. 

[Buck52]

Well Alex maybe they can now and I agree with ya, the VA chages things around so much we nevew know whats what , I think it's good you can let your Vets see the VBMS

I Never had that offered to me back when I was working my claims, I would love to look in the VBMS DUE TO LOST RECORDS THAT I DON'T HAVE AND NEED FOR A BETTER EED but until I can find what I need  I am not going to file the EED .

I sent in for a complete Aduit of my claims  and they got back to me in 2 weeks and said everything was in order and I don't get any retor or a better EE,

I know for a fact thats a lie I just need those records and raiting sheets, FOR  the evidence they used to rate me, they even had a hearing test I took from the Big Spring Tx VAMC  back in 1998, and on one of my denails  they said that test was not up to the va guidlines for loss of hearing and could not be used for rating purposes and I was denied  when it was done by the VA AND A VA Audologist ?they even mention the VA AUDOLOGIST THAT GAVE ME THE HEARING TEST WS NOT QUAILFIED TO RENDER HIS OPINION.. I appeal and went got another test (  private)  but heres the kicker they used the Big Spring test back in 98 to aprove me for 50% and later on ;rating For increase they used the private test for the claim I applied for increase...these nickel heads at the R.O. DID NOT READ MY C-FILE THOURGHLY   OR they would have found all this.  but right now I have a lot of other things to worry about since my wife passed.

and they have all of my sc disabilitys LISTED  FOR  EED  FOR april 1998 was the EED,   OF COURSE 1998 WAS WHEN I first filed my claim.  it was a rating Repersentive (rater) that put  in  all these wrong dates. so the Aduit should be Nulled  because their wrong.

Edited January 7, 2022 by Buck52