Where We See Veterans Fail (New VA Appeals)
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- čas přidán 9. 07. 2024
- 0:00 Introduction
3:00 Are there different VA forms for VA claims?
3:26 How did the legacy system work for VA appeals?
5:33 How does the Appeals Modernization Act work?
6:02 Important VA forms
Starting VA Claim | VA Form 21-526
www.vba.va.gov/pubs/forms/VBA...
Supplemental Claim Form | VA Form 20-0995
www.vba.va.gov/pubs/forms/VBA...
Higher-Level Review Request| VA Form 20-0996
www.vba.va.gov/pubs/forms/VBA...
Appeal directly to the Board | Form 10182
www.va.gov/vaforms/va/pdf/VA1...
6:46 How did AMA process change the legacy process?
10:02 Problems we're seeing with AMA process for older VA claims
10:50 What is a supplemental claim?
12:47 What are my options if my claim is denied by VA with new AMA system?
13:50 Potential issue for veterans with Supplemental claims
14:36 Are Higher-level reviews effective with VA appeals?
17:20 How quick are VA higher-level reviews?
19:12 Has the VA disability process gotten easier?
20:34 What happens if VA thinks I filed the wrong application or form for my disability claim?
24:10 How often is VA making mistakes on new disability claims?
25:50 What are my choices with the Board of Veterans' Appeals?
27:15 What can I do if I opt for a direct review with the Board of Veterans' Appeals?
32:15 Is the Board (BVA) getting effective dates correct on veterans' disability claims?
35:54 Situations where higher-level review may be useful for your VA claims
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Speakers
Carol Ponton - Founding Partner
Matthew Hill - Managing Partner
Kerry Baker - Marine Veteran and Senior VA Accredited Agent
I really appreciate yall giving FACTS of what happens and explain it. I am so tired of these "how to get 100%" channels There are alot of people just trying to coach others into scamming the system. Not this channel and I appreciate that alot. I can name a few (which i wont) and they are NOT lawyers, they are normally done by people who scammed the system and THEY are some of the reason its hard to get claims done. Soo many scammers it gives us all a bad name. Thank you again for the information
I've unsubscribed from all the other 'VA disability law gurus' and only watch your videos! All this is helpful and very appreciated. My perception is veterans file claims only to get denied and and then spent time while the decision is made collecting mountains of evidence so its in our file for when it comes time to appeal. For example, I obtained my negative C&P exam, I have more to exams to attend, so while I'm waiting I'm already preparing the supplemental claim evidence in anticipation of the denial.
When you all mentioned the effective date being set wrong and not back dated I was so happy to hear I wasn't the only one. This happened to me earlier this month. I filed a form based on what the regional rep told me to do and they responded to 'clarify what I wanted'. The excuse the regional rep told me is that sometimes vets 'don't want their claims backdated to the original file date', therefore ,you have to request for them to update your effective date. Isn't that the lamest thing you've ever heard? What vet does anyone in hx know that DOESN'T want their backpay?
So I am getting assistance from DAV to file the correct appeal for my backdated effective date AND an increase in my PTSD disability, since they refuse to mention my MST. Pray for me, thank you for the information!
Thank you for putting this information out. The VA makes my head spin. I'm 80% with VA and on SSD due to my service connected conditions.
I'm 80 how do I get ssd?
I am 60% now, got a migraine headaches secondary to tinnitus sent back to reman
The examiner checked 50% or more in my favor, and also that I would be unable to work.
Does this mean of one my case James Lester thank you
About eight years ago I went to the VA in Corpus Christi Texas and talked to a VA Advocate. I was then sent to someone who asked a lot of questions about everything. I received 30" PTSD compensation. I wonder why my two tours in Vietnam didn't qualify me for Agent Orange exposure. I had a five way bypass last year and have had numerous skin cancer treatment. Any advice for me?
Don't give up go to the DAV for help with appeals.
Thanks for all this info...very helpful to veterans....I been thru both the legacy and AMA...the old system took to long...6 years for me the AMA BVA appeal took 6 months to be Granted....
@@HillAndPonton thanks now I'm at 100% P&T...all the info you all put out on you tube has been huge help for me
@@tommarinevet were you able to do it yourself or did you hire someone?
Good information, and thank you for what you do for us! The volume seems low revenge on a massive Bluetooth speaker on max. Just thought I would share just in case no one else mention it.
I'm so happy for this info
A veteran can file a claim for an in crease on a 21-526ez; see M21-1, III.ii.2.E.1.c. However, if within one year of the decision the veteran can also do so via the 20-0995 (a supplemental claim) or via 20-0996 (Higher level review); see M21-1, III.ii.2.E.1.a.
Also the reason behind having a veteran file a supplemental claim for say a 10 year old previously decided claim is due to the needed "New and Relevant" evidence. Prior to 2/19/2019 the veteran needed to submit "new and material" evidence to have a claim be re-opened if the one year appeals period has elapsed. Nothing here has changed except that VA lowered the bar for the type of evidence needed to revisit a previously denied issue; "new and relevant" evidence is a lower standard than the previously required "new and material" evidence.
Edited: Just finished watching the video, and I have to ask myself (as an accredited claims agent myself) if you guys know what you're doing???
At about 18.35 it's discussed that the old DRO review system allowed for more grants in benefits with additional evidence. Well, that's what the "supplemental claim" is for and not a "Higher Level Review" (HLR) I hate to say it but from my experience 8 out of 10 decisions from VA are correct based on the evidence before them, and a HLR isn't going to change them unless there is some glaring mistake! In addition, a simply DTA error may or may not actually change the outcome of a decision. It boils down to know what VA needs to grant the claim.
At about 20.30 they discuss about not knowing how to reach out to VA??? At every regional office there is a dedicated AAFC (Agent/Attorney fee coordinator) they can contact if there is an issue that needs to be resolved. They should know this! Further, don't they have access to VBMS to know is actually going on with each of their claimant's claims?
At around 28.15 they discuss the BVA not considering any new evidence submitted after a decision was issued from a supplemental claim if the direct route (submitting no new evidence) at BVA is selected. If you have additional "new and relevant" evidence after a decision has been rendered on a Supplemental claim, then the correct thing to do is either file another Supplemental claim with that "new and Relevant" evidence first. Then, if an adverse decision is again issued, then you take it to the BVA. Or you wait and submit the "new and relevant" evidence with the VAF 10182 and select the review option that allows the submission of additional evidence.
@Kevin I sent you a LinkedIn message
Good video, and I like the notes on the effective dates which I will watch. I help folks for free as a DAV volunteer.
I was being helped by DAV, I did all the work on my claims, but at least they helped me with the right forms to use.
Thank you, thank you, thank you
Thank you for this... I watched this twice. Very helpful. The last 5 min. of the video is where I fall into this. I submitted the 10182 through DAV on to VA, - fighting Secondary depression and anxiety to service connected migraines 50% and back pain 20%. My original claim did not have a nexus letter. The C&P Exam came back stating; "denied as there is no current diagnosis related to your service connected conditions". So since then I have done the higher level review with NO luck and now have submitted 10182 with new evidence to support my appeal - submitted just in time of the one year. My fingers crossed I got this right, I have both NEXUS and IMO letters done from two personal psychiatrist's . 90 days expires Dec. 30th, so I hope it will not take them another 6 months to make a decision.... any ideas how long it takes after the 90 day window? Thanks again for this video.
@@HillAndPonton Thank you!
Can you claim secondary disabilities on disabilities used in TDIU combined disabilities? Where can I get the list o combined disabilities used on TDIU application.
What if the VA made a duty to assist error and didn't get a hearing test result ordered by my va primary care for the rater/examiner? I was able to get the results from my ro's release of information office via mhv secure messaging and I could see an argument for both a HLR and a supplemental review. The HLR makes sense because the VA should have been able to see the record I requested from the regional office and supplemental makes sense because I have that info in hand and it is new and relevant.
I tried to make an appeal for an original clain using a supplemental form with a review form ?0996? That VA had sent to me. They came back, told me I had to submit a 526ez and that the appeal form was obsolete. I am confused as to why I had to do the 526 because I already have a 0% rating for this claim. The AMA has totally confused the appeal process.
What about a denial for initial claim for migraine ha and tinnitus in 1998 when I retired at 20 Yrs. Worked around high speed lathe for years. My tinnitus has gotten worse, bad, bad now-VA just gave me hearing aids. Denial for migraine denial was that I told a dr in an exam in 1981 I had headaches 5 yrs. Headaches vs migraines and cluster headaches, multiple military er visits, drugs, shots to abort migraines. A head aches is not the same as migraine, cluster headaches making one incapacitated due to pain, aura, nausea. Can VBA look at this now on appeal, or how do I get them to fix this. what is best route.
for a lawyer channel they sure have a cool intro
This process makes my head hurt
Can't find an attorney to help with an appeal ...
Do you believe hiring a Licensed Vocational Expert is critical to winning TDIU claims..? Tnx in advance
My case is at the board of appeals was started in 2016 it seems more than likely I will never have an answer, yet Social Security granted me disabled in less than a year. I need to claim increases and secondary claims but was told I can’t do that either. This is not humane
We are very sorry. Please feel free to give our office a call at 407-537-9000 to see if we may be able to help. Thank you!
I had my higher level review interview and now the status says they need to correct an error before they decide my case. I think this is a good thing because they originally denied service convection, but the ‘correcting an error’ doesn’t make a lot of sense to me since I can’t provide any new evidence. I’d think they’d just make a new decision based on the file and information that was looked over, any idea why they would correct an error and then make a new decision as opposed to just making a new decision?
Huh, that's a really good question. I'll write it down for our attorneys to go over in a future video. Thank you and stay tuned to our channel!
This happened to me a month ago and I finally got a new c&p, then eventually my 80% service connection. After 6 long years. I think it means THEY made an error, bc in my case they purposely sent my c&p results to another provider to disprove the rating they were recommending.
Can a spouse file a claim if the veteran refuses to?
I am overlwhelmed. I’m sure I qualify but I don’t know how to apply. Do I need to find a lawyer?
Can the VA lower your disability rating with a Higher-Level review?
My hlr decision was positive finally at 100% p&t
Did you choose to speak to the Reviewer?
I’m still waiting for them to call me.
How long did it took you?
Thanks.
theflyerpr40d they called me after 5 months and I told them that the c&p examiner didn’t review my VA records
@@reyduck7742 o wow,
Thanks, my C&P was so fast they don’t even review my personal statement.
I would tell him to schedule me a new C&P or to give me 70% based on my personal statements.
@@theflyerpr40d how did it turn out
@@GandalftheWise hi, I said it turn out good.
I got and increase.
It took just under 5 months for them to call me.
How can I contact y'all ?
Invaluable information on veteran's disability claims and processes. Question: a vietnam veteran did not received a VA decision letter that reduced his 100% rating to 80% for a Cornary Artery Bypass Graph (CABG). He found out that his rating changed when he went to the VA hospital to schedule a dental examination. The veteran contacted the VA and requested for a copy of the rating change letter which the VA failed to provide. What can this veteran do?
Ever consider, filing a judicial review on the VA claim process
Veterans are being denied due process
How do they expect Veterans to actually navigate the claims process. This is an adversary relationship, VA only duty is to assist the VA. We should be able to hire an attorney out of the gate. I have had VA doctors tell me that they couldn't give me a letter explaining my disability a to try to get a reasonable accommodation for work because it is a conflict of interest. I ended up loosing my job.
Filing claims needs process improvement
and I am not talking about appeals process improvement
Problem with the VA they keep changing their forms like they change their underwear
They don't change their underwear very often.... (IMHO)
Does Veterans have high priority when they're above 75 years old and waiting to go in front of the bva hearings and then they end up dying???
I hope you are right Joseph, my birthday is next week December 18, at which time I will be 75-years of age, I also at this time still have 2-major outstanding VA-disability claims under high review still pending, so I hope to get a final approval any time now, waiting 6-months under higher level review already.
Age: Here is where irregularities sets in. The VA regulation M21-1, Part III, Subpart ii, Chapter 1, Section D states that the eligible age for expediting a claim is 85. However, 38 CFR § 20.900, which is the Federal regulation set forth by legislation states that the age of 75 years or older is eligible for expedition.
I just read this...it’s not automatic, you have to request it...
I came to hear from the Licensed VA attorneys...
Maybe more from them in the next video???
Please help me
Give us a call at 800-257-4400!
I guess my service wasn't really appreciated,The VA is supposed to help the veteran!!
Hi Mart! Your service is very appreciated! Sometimes working with the VA can be frustrating. That is why our law firm works hard to help Veterans get their rightful benefits.
Too much time devoted to how it used to be. Tell us the way it is done no.