Va has me confused.

[30percentermovingup]

I was going to send my nod in, so today the va kept changing forms on me when I asked where to send it. I don't even care about the NOD. 
Here is what I need. I need to say I need a review on this because he just eyeballed my Range of Motion. I do not agree with a 80 old doctors eyesight. How do or what form do I need to do and where to send. I want another evaluation if possible. Thank you.

[pacmanx1]

9 minutes ago, 30percentermovingup said:

Here is what I need. I need to say I need a review on this because he just eyeballed my Range of Motion. I do not agree with a 80 old doctors eyesight. How do or what form do I need to do and where to send. I want another evaluation if possible. Thank you.

As far as I know you can still file a statement in support. Unless there is another form can someone, please post it. I have been out of the game for a little while so not sure if the VA came up with a new form. 

VA Form 21-4138

[30percentermovingup]

Okay so I have these three forms plus th Nod, I would imagine it would be 0995 to get another medical review although I have no new evidence just want the medical examination with proper measurements, but then I am looking at 0996 so don't know which one to submit. 
VA Form 20-0995, Decision Review Request: Supplemental Claim
VA Form 20-0996, Decision Review Request: Higher-Level Review
VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement)

Edited February 14, 2023 by 30percentermovingup

[30percentermovingup]

2 hours ago, 30percentermovingup said:

Okay so I have these three forms plus th Nod, I would imagine it would be 0995 to get another medical review although I have no new evidence just want the medical examination with proper measurements, but then I am looking at 0996 so don't know which one to submit. 
VA Form 20-0995, Decision Review Request: Supplemental Claim
VA Form 20-0996, Decision Review Request: Higher-Level Review
VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement)

Don't need any buddy statements. All I need is to figure out which form to get a second medical evaluation where they actually measure my ROM. Thanks though.

 

[broncovet]

Which one of these is controversial, but I shall give my opinion on which form to file your appeals on, and why:

(If below, is difficult to understand, just file here:  VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement)

First review your file, and the evidence.  THEN decide if new evidence will help you.  (likely).  

 

Then, you need to decide if a VARO decision (either HLR or SCL) will help, or you want to go the BVA (Board of Veterans appeals)

While some swear by HLR it makes no sense to me to send your claim back to the regional office who denied you previously.  Ditto for SCL with some exceptions.  

I go directly to the BVA, and "pass go and collect 200 days of wasted time at the regional office".  

The denial rate at the Regional office is somewhere between 50 percent, and 95 percent, depending on who you talk to...VARO wont publish denial rates.  The BOARD of Veterans appeals, however, posts denial rates on the BVA Chairman's report.  https://www.bva.va.gov/Chairman_Annual_Rpts.asp

You have to pick a year, then scroll down to about half way through the report for a chart.  

If you do that, on page 39 (year 2021), it says 21.5 percent of appeals at the board are denied.  The other 80 percent or so are granted or remanded.  This means your chances at the BVA are around 80 percent or so.  I will take 80 percent favorable chance every time.  Yes, BVA takes longer, but mostly you wind up there anyway, after wasting time on HLR's.  

That's why I go to the BVA.  There are some instances when SCL will help, but that usually happens when you applied, were denied AND YOU NEGLECTED TO APPEAL IN A YEAR.  

HLR is almost useless..you cant submit new evidence with a HLR.  I think maybe someone is supposed to "convert" your HLR to a SCL if you submit new evidence, but do you want to hang your claim on someone doing that?  I dont.  

 

Edited February 15, 2023 by broncovet

[pacmanx1]

15 hours ago, 30percentermovingup said:

I don't even care about the NOD. 
Here is what I need. I need to say I need a review on this because he just eyeballed my Range of Motion. I do not agree with a 80 old doctors eyesight. How do or what form do I need to do and where to send. I want another evaluation if possible. Thank you.

Not to cause any more confusion but do you want to file an NOD/Appeal at this time or do you want to try to request a new C & P exam with a different examiner. There is a major difference. As Bronco stated, you would use the above forms to file an Appeal/NOD. Those are taking anywhere between six to eighteen months after a decision is made. You can try to file a statement in support of your claim by trying to dispute the C & P exam or the examiner. Not saying that it will work but if it does these are taking anywhere from few months to a year prior to a decision being made. I know it is a tossup but based on your OP (ORIGINAL POST) it is possible. If a decision is already made, you will have to file an NOD/Appeal. 

Edited February 15, 2023 by pacmanx1

[30percentermovingup]

2 hours ago, pacmanx1 said:

Not to cause any more confusion but do you want to file an NOD/Appeal at this time or do you want to try to request a new C & P exam with a different examiner. There is a major difference. As Bronco stated, you would use the above forms to file an Appeal/NOD. Those are taking anywhere between six to eighteen months after a decision is made. You can try to file a statement in support of your claim by trying to dispute the C & P exam or the examiner. Not saying that it will work but if it does these are taking anywhere from few months to a year prior to a decision being made. I know it is a tossup but based on your OP (ORIGINAL POST) it is possible. If a decision is already made, you will have to file an NOD/Appeal. 

The only one confused is me. I know I do not make things easy to understand. The simple fact is I have the nod and I have it ready to send in. The only thing I want to know is how do I contest the examiners measuring and get a new medical. What form do I need for that? What is the best way to do that. I am not worried about winning. Because I know that he pushed me past pain and he didn't use one of those glenometers or whatever it's called. Thank you