Veterans Benefits Evaluations

[Tbird]

7 hours ago, Chief1997 said:

i’m having a difficult time trying to find out how to upload my redacted denial letter. I did speak with the VFW representative today, and he believes the reason my claim was denied for both melanoma and basal cell residual scars from removal of these cancers on my forehead. I put the claim in on August 5, 2022. He believes that the reason they denied these two conditions was that I read question service connection under the presumptive condition of the pack that yet the pack that was not approved until August 10 2022. He believes all I would need to do is file a supplemental appeal using VA form 20-9055.  And state my claim needs to be considered under the PACT Act presumption.

@Chief1997 Please try uploading again. It should work now.

[ShuMan]

10 hours ago, Chief1997 said:

i’m having a difficult time trying to find out how to upload my redacted denial letter. I did speak with the VFW representative today, and he believes the reason my claim was denied for both melanoma and basal cell residual scars from removal of these cancers on my forehead. I put the claim in on August 5, 2022. He believes that the reason they denied these two conditions was that I read question service connection under the presumptive condition of the pack that yet the pack that was not approved until August 10 2022. He believes all I would need to do is file a supplemental appeal using VA form 20-9055.  And state my claim needs to be considered under the PACT Act presumption.

Sir, if you are interested we do have a free service that will review your VA decision letter. This may help you to provide some more clarity. 

[Dot09]

Tbird and Rattler

since when does hadit permit for solicitation of imos. Yes I’ve seen others recommend but never have I seen services post and try and recruit. I guess that’s just my red flags going up. Regardless to shuman he has your information. 
 

P.S. I hate to see another veteran get sucked into predatory services. I too was targeted in the pass. Unfortunately veterans ignore their gut feelings because they are trying to win their claims. 

Edited October 20, 2023 by Dot09

[Tbird]

33 minutes ago, Dot09 said:

Tbird and Rattler

since when does hadit permit for solicitation of imos. Yes I’ve seen others recommend but never have I seen services post and try and recruit. I guess that’s just my red flags going up. Regardless to shuman he has your information. 
 

P.S. I hate to see another veteran get sucked into predatory services. I too was targeted in the pass. Unfortunately veterans ignore their gut feelings because they are trying to win their claims. 

 

@Dot09 That got by me, thanks for the heads up.

[Chief1997]

i’m having a difficult time trying to find out how to upload my redacted denial letter. I did speak with the VFW representative today, and he believes the reason my claim was denied for both melanoma and basal cell residual scars from removal of these cancers on my forehead. I put the claim in on August 5, 2022. He believes that the reason they denied these two conditions was that I read question service connection under the presumptive condition of the pack that yet the pack that was not approved until August 10 2022. He believes all I would need to do is file a supplemental appeal using VA form 20-9055.  And state my claim needs to be considered under the PACT Act presumption.

[broncovet]

I reviewed the decision and dont agree with your vso, that the "date of Aug 5" or "August 10" is relevant.  

This is a bogus denial and you should appeal. it, or file cue.  

But, if it were me, I would "hit with both sides of the bat".  My example would be:

Quote

 

I disagree with the decision dated 9/22/23 on all issues, including both denials and the disability percentage.  

The decision on 9/22/23 was after the pact act was in force, in August, and the pact act is/was  binding on VA based on the decision date.  

The decision "failed to explain" why, since the Pact Act shows these as presumptives, why the Veteran did not meet the presumptive criteria.  (This is an obvious error, and you may get a fast result by filing cue on the error). 

Its a violation of 38 CFR 4.6 which states, in relevant part:

"Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law."

Presumptive service connection under the pact act should have been considered.