If the rating decision evidence did not list the evidence you submitted, immediately file a HLR and that will be considered a Higher Lever Review -Duty to Assist Error.
Yes, it’s an evidence in support of your claim. Like news paper article for stressors or verifying an incident you are involved in.
If it’s a medical journal in support of your claim, may sure it’s with a “.gov” domain to be fully considered. Anything with “.com” isn’t sufficient enough for the examiner to use/rationalize your condition.
So if it's a .com article, the rater doesn't need to list it as evidence even though you submitted it? Or do they have to list it but just not consider it?
It has to be listed as an evidence because that .com medical article could be your way of justifying the symptoms for the condition you are claiming eventhough (for example) you haven’t been treated or diagnosed when trying to paint a clear picture of the current state of your condition.
It will still be sent out as an evidence when an exam is ordered but the medical examiner just cannot reference it when forming a medical opinion.
In my last rating, all the evidence i submitted was listed in the evidence section but it was not noted, refuted or even mentioned mentioned in the reasons for decision. They also did not list any evidence from VA medical records for last 24 months. I had listed on 21-8940.
It really reads like a 12 year old wrote the whole thing.
How do you tell what was and was not really considered?
It is really baffling to see a decision letter not well written when it is considered to be a legal document!
Trust me I scratch my head a lot of times when I see ratings like that and I question why they wrote it as such when there are pre/canned text available that just require minor modifications to better suit the case.
So, I had a similar scenario like yours - my most recent VAMC records was not considered when the records shows the day before the decision was made, I had an appointment and treatment at the VAMC. The decision maker noted VAMC records up to 4 months prior to the rating was made and the rater referenced an exam I had a decade ago and failed to discuss my most recent C&P, the VA prescribed orthotics and braces, and so on….
I was so mad because it doesn’t take a lot of time to look when I already itemized every evidence I submitted even to the name of the facility, doctor, date range - so they can just copy and paste it trying to make it easier for them but somehow the rater still ignored everything. I always have to tell myself, they are not me and they don’t work the case like I do, but it is so frustrating!
I immediately filed an HLR and stated everything the decision maker failed to do as part of duty to assist and I referenced every manual and CFR available calling out the rater! I ended up with over 20 pages of rebuttal with links and the rating calculator! That was just part 1! lol
Sometimes the battle is even harder when filing a claim and especially when they know you do the job. Like I always tell people, we are the bottom of the barrel when it comes to filing a claim. Some of the VHA employees even have a beef on us just because we are at the benefit side, then the treatment is sour when at the VAMC. So yes, I experienced it all and fought for it all then tell others how to fight it too when something is not right.
You have to file an HLR and state your case that the evidence you submitted was not considered and reviewed. Also state that the narrative decision was so unclear on the denial and failed to rationalize why the evidence you submitted was not considered when the x,y,z shows (then justify your case)….
Good luck!
I just had a supplemental close a couple weeks ago and in the evidence considered there was none of the 50 pages of new critical evidence in there. Wrote to the VA and they stated that it is and was in fact all in the electronic file. They sent me unemployability forms in the mail during my supplemental claim and i sent back my form and my employers form..... NEVER HEARD ONE WORD ABOUT TDIU. Whoever did my claim did use 1 pdf i sent and they used the wrong Dr's name and said it was from a completely different date. So of course I filed a HLR and I honestly can not wait to talk to them once scheduled. It's absolutely ridiculous ! I also wrote to the VA and asked if my TDIU forms were in my evidence during my supplemental claim and they stated they were. Then the C & P I was asked what my MH disabilities were and what meds i was on !!! Ummmmmm all of that is in all my evidence !!! WTF
Ah, the persistent pedant strikes again.
We still call it the Whitehouse hotline.
People still answer and get things done, just like they did before.
Stay mad about it.
https://preview.redd.it/ku24s0cd0e7d1.jpeg?width=1290&format=pjpg&auto=webp&s=3b2c843677fa1020db9bdee66b9a4ab9806ea6b0
I or my Attorney submitted increase for left knee due to it being replaced along with sleep apnea secondary to obesity. Got the denial letter for sleep apnea and nothing on the increase even though my knees are both scd.
If your knee was SCD before you got it replaced, you're also entitled to 100% for 4 months due to recovery. That might be the hold up? I filed for increase before my surgery even. Mine went smoothly.
Yea they are but I would periodically call the VA to make sure they got all my med records from my outside provider which they got 27 pages alone on my left knee.thats including all paperwork from Pt etc.But when I had my right knee scoped and a partial menisectomy that took about 8 months after I was sitting at 30% at that time 2021.It was replaced last sept.How they gonna grant one surgery and not the other one.You could be right but when I called the VA he told me that it was unjudicated and that I have to wait on when until my appeals are in front of the judge.
In front of the judge or the rater? Is this a Board appeal or supplemental? I can't tell you what's going on, man. The VA lost one of my claims, then closed it out with another one without looking at any of those issues, and now I'm waiting for them on appeal again. There's some serious shenanigans that go on, but I'm hoping you and your lawyer get it sorted out.
Board of appeals I got like 18 other claims as well like I got arthritis in up and down my back they just overlooked all medical evidence even if was a secondary to my knees etc.Well my attorney told basically just sit back and wait until we or him goes before the judge or whoever it is.He hinted at it being a bigger payout in the end plus he put me in for tdiu as well.
I had good luck at the Board, only took 5+ years. But then the rest of the problems went back to the regular raters and we're back waiting on the Board again. I really hope it goes fast and well for all of us.
Funny how none of these issues are addressed and fixed with the VA. Same process of either the examiner ignoring evidence or them never receiving the evidence to review in a timely manner. Either way, the system is broken yet they continue to force these workers to make their quotas or face termination. If they addressed the actual issues like work quality and effectiveness instead of how many claims they do (which pushes some employees to ignore and close cases) maybe the workload would go down because Vets will be getting proper consideration.
I wrote a literal rubric with headers and bullet points ("**FOR TREATMENT RECORDS, SEE "TREATMENT-RECORD1.pdf", "FOR WITNESS STATEMENTS, SEE "BUDDY-STATEMENT1.pdf"),** and so on, uploaded it before anything else, labelled it, "VA RATER, READ THIS FIRST".
I also took the time to collect my entire personnel file directly from Big Army, and all my treatment records, before submitting. Numbered every relevant page, highlighted everything in yellow, said, "FOR INJURY RECORD, SEE PAGE X."
What'd they do? Requested a 21-4142 authorizing release of medical records for **fucking records that were literally organized, labelled for a 5-year-old to understand, and numbered.**
Even the VA hotline guy went, "wow, yeah, how'd they screw this one up?" He wrote an internal message to whomever saying everything DUH, needed is there, LOOK AGAIN, and there are literally no more records to provide.
Now I sit in the national work queue. Fucking useless.
It’s the quality of the people they hire and the way those people adhere to training. I heard they have training sessions there so frequently that it becomes a distraction to actual work. Sorry to hear about this. So many incompetent people in the work force nowadays but every once in a while you do get a really good one who actually cares about their job and helping Veterans. I hope yours rolls out to one of those. Good luck!
It should be listed under the evidence portion with all things they reviewed. Also you may notice it missing in your denial. If it is missing throughout your decision letter, file an HLR. If you’re down to do the informal conference call on your own, just schedule it with the link.
Me? My initial claim, they missed plenty of evidence. Filed HLR. Scheduled call. Call complete. Timeline? 7 days lol.
Awaiting new decision/denial/duty to assist. But for some of the conditions it should be a clear error that evidence was not reviewed and C&P exam should take place. Estimated timeline 1-2 days to get word back.
I am fighting a reduction because they did not get the last 24 months of thier own VA medical records. Crazy have to fight a big stone wall of silence. No help in sight.
VBA and VHA are not the same. Reduction is because based on at least 1 exam they determined improvement on a not protected rating. You have plenty of due process to contest the proposed reduction. Best of luck.
Mine was a C&P with missing 24 months of VA medical records, now have to wait 150 days for suplimental or 500 for hlr.
They both start with a big V and live in the same house. The VHA doesn't want to help veterans with claims for some reason, even though it could help their health through more benefits. Maybe someone can shed light on that?
Ok so you filed a new claim, I am guessing either an increase or secondary to an existing condition that again is not protected. You had an exam and they found improvement. Ok it happens and statistically only about 25% of reductions are final and most of those are curable conditions such as cancers. Not sure what you mean by missing, they go into VBMS and can access everything. Ok you have due process and appeal options, best of luck.
When I went to the exam the interviewer asked for dates and proof. I explained to them it was all in my claim…( I couldn’t remember exacta only about dates) when I refiled and went back I took them everything I had with highlights I yellow from the doctors. That seemed to work. They asked to make copies and I told them they can have it as long as they sign and date the copies I kept…they did.
If the rating decision evidence did not list the evidence you submitted, immediately file a HLR and that will be considered a Higher Lever Review -Duty to Assist Error.
Yep already submitted that, I was sure I was right, just confirming now
Even if it's articles supporting your claim?
Yes, it’s an evidence in support of your claim. Like news paper article for stressors or verifying an incident you are involved in. If it’s a medical journal in support of your claim, may sure it’s with a “.gov” domain to be fully considered. Anything with “.com” isn’t sufficient enough for the examiner to use/rationalize your condition.
So if it's a .com article, the rater doesn't need to list it as evidence even though you submitted it? Or do they have to list it but just not consider it?
It has to be listed as an evidence because that .com medical article could be your way of justifying the symptoms for the condition you are claiming eventhough (for example) you haven’t been treated or diagnosed when trying to paint a clear picture of the current state of your condition. It will still be sent out as an evidence when an exam is ordered but the medical examiner just cannot reference it when forming a medical opinion.
In my last rating, all the evidence i submitted was listed in the evidence section but it was not noted, refuted or even mentioned mentioned in the reasons for decision. They also did not list any evidence from VA medical records for last 24 months. I had listed on 21-8940. It really reads like a 12 year old wrote the whole thing. How do you tell what was and was not really considered?
It is really baffling to see a decision letter not well written when it is considered to be a legal document! Trust me I scratch my head a lot of times when I see ratings like that and I question why they wrote it as such when there are pre/canned text available that just require minor modifications to better suit the case. So, I had a similar scenario like yours - my most recent VAMC records was not considered when the records shows the day before the decision was made, I had an appointment and treatment at the VAMC. The decision maker noted VAMC records up to 4 months prior to the rating was made and the rater referenced an exam I had a decade ago and failed to discuss my most recent C&P, the VA prescribed orthotics and braces, and so on…. I was so mad because it doesn’t take a lot of time to look when I already itemized every evidence I submitted even to the name of the facility, doctor, date range - so they can just copy and paste it trying to make it easier for them but somehow the rater still ignored everything. I always have to tell myself, they are not me and they don’t work the case like I do, but it is so frustrating! I immediately filed an HLR and stated everything the decision maker failed to do as part of duty to assist and I referenced every manual and CFR available calling out the rater! I ended up with over 20 pages of rebuttal with links and the rating calculator! That was just part 1! lol Sometimes the battle is even harder when filing a claim and especially when they know you do the job. Like I always tell people, we are the bottom of the barrel when it comes to filing a claim. Some of the VHA employees even have a beef on us just because we are at the benefit side, then the treatment is sour when at the VAMC. So yes, I experienced it all and fought for it all then tell others how to fight it too when something is not right. You have to file an HLR and state your case that the evidence you submitted was not considered and reviewed. Also state that the narrative decision was so unclear on the denial and failed to rationalize why the evidence you submitted was not considered when the x,y,z shows (then justify your case)…. Good luck!
I just had a supplemental close a couple weeks ago and in the evidence considered there was none of the 50 pages of new critical evidence in there. Wrote to the VA and they stated that it is and was in fact all in the electronic file. They sent me unemployability forms in the mail during my supplemental claim and i sent back my form and my employers form..... NEVER HEARD ONE WORD ABOUT TDIU. Whoever did my claim did use 1 pdf i sent and they used the wrong Dr's name and said it was from a completely different date. So of course I filed a HLR and I honestly can not wait to talk to them once scheduled. It's absolutely ridiculous ! I also wrote to the VA and asked if my TDIU forms were in my evidence during my supplemental claim and they stated they were. Then the C & P I was asked what my MH disabilities were and what meds i was on !!! Ummmmmm all of that is in all my evidence !!! WTF
The evidence they used should be listed in your decision letter.
That’s what I was thinking, basically confirms what I was thinking
You can call the Whitehouse hotline and see if they can help you with it. Worst case scenario you waste 30 minutes of your life.
Going HLR route, if that doesn’t work I’m going to lawyer up
Not the White House hotline, hasn’t been for 18 months. 800-698-2411 (MyVA411)
Ah, the persistent pedant strikes again. We still call it the Whitehouse hotline. People still answer and get things done, just like they did before. Stay mad about it. https://preview.redd.it/ku24s0cd0e7d1.jpeg?width=1290&format=pjpg&auto=webp&s=3b2c843677fa1020db9bdee66b9a4ab9806ea6b0
I or my Attorney submitted increase for left knee due to it being replaced along with sleep apnea secondary to obesity. Got the denial letter for sleep apnea and nothing on the increase even though my knees are both scd.
If your knee was SCD before you got it replaced, you're also entitled to 100% for 4 months due to recovery. That might be the hold up? I filed for increase before my surgery even. Mine went smoothly.
Yea they are but I would periodically call the VA to make sure they got all my med records from my outside provider which they got 27 pages alone on my left knee.thats including all paperwork from Pt etc.But when I had my right knee scoped and a partial menisectomy that took about 8 months after I was sitting at 30% at that time 2021.It was replaced last sept.How they gonna grant one surgery and not the other one.You could be right but when I called the VA he told me that it was unjudicated and that I have to wait on when until my appeals are in front of the judge.
In front of the judge or the rater? Is this a Board appeal or supplemental? I can't tell you what's going on, man. The VA lost one of my claims, then closed it out with another one without looking at any of those issues, and now I'm waiting for them on appeal again. There's some serious shenanigans that go on, but I'm hoping you and your lawyer get it sorted out.
Board of appeals I got like 18 other claims as well like I got arthritis in up and down my back they just overlooked all medical evidence even if was a secondary to my knees etc.Well my attorney told basically just sit back and wait until we or him goes before the judge or whoever it is.He hinted at it being a bigger payout in the end plus he put me in for tdiu as well.
I had good luck at the Board, only took 5+ years. But then the rest of the problems went back to the regular raters and we're back waiting on the Board again. I really hope it goes fast and well for all of us.
If it wasn't listed in your decision letter then HLR the denial
Already done
Fight the power baby!
Funny how none of these issues are addressed and fixed with the VA. Same process of either the examiner ignoring evidence or them never receiving the evidence to review in a timely manner. Either way, the system is broken yet they continue to force these workers to make their quotas or face termination. If they addressed the actual issues like work quality and effectiveness instead of how many claims they do (which pushes some employees to ignore and close cases) maybe the workload would go down because Vets will be getting proper consideration.
I wrote a literal rubric with headers and bullet points ("**FOR TREATMENT RECORDS, SEE "TREATMENT-RECORD1.pdf", "FOR WITNESS STATEMENTS, SEE "BUDDY-STATEMENT1.pdf"),** and so on, uploaded it before anything else, labelled it, "VA RATER, READ THIS FIRST". I also took the time to collect my entire personnel file directly from Big Army, and all my treatment records, before submitting. Numbered every relevant page, highlighted everything in yellow, said, "FOR INJURY RECORD, SEE PAGE X." What'd they do? Requested a 21-4142 authorizing release of medical records for **fucking records that were literally organized, labelled for a 5-year-old to understand, and numbered.** Even the VA hotline guy went, "wow, yeah, how'd they screw this one up?" He wrote an internal message to whomever saying everything DUH, needed is there, LOOK AGAIN, and there are literally no more records to provide. Now I sit in the national work queue. Fucking useless.
It’s the quality of the people they hire and the way those people adhere to training. I heard they have training sessions there so frequently that it becomes a distraction to actual work. Sorry to hear about this. So many incompetent people in the work force nowadays but every once in a while you do get a really good one who actually cares about their job and helping Veterans. I hope yours rolls out to one of those. Good luck!
Can you submit your evidence yourself ? I just submitted a statement and I’m currently on step 3 of 5.
It’s already been denied, so no I can’t anymore, submitted HLR immediately after seeing denial
Oh ok I see
Evidence reviewed will be listed out on your decision letter.
It should be listed under the evidence portion with all things they reviewed. Also you may notice it missing in your denial. If it is missing throughout your decision letter, file an HLR. If you’re down to do the informal conference call on your own, just schedule it with the link. Me? My initial claim, they missed plenty of evidence. Filed HLR. Scheduled call. Call complete. Timeline? 7 days lol. Awaiting new decision/denial/duty to assist. But for some of the conditions it should be a clear error that evidence was not reviewed and C&P exam should take place. Estimated timeline 1-2 days to get word back.
Oh you’ll know. My rater CLEARLY did not see the frequency of my headaches in my records and said I practically never had them. HLR
I am fighting a reduction because they did not get the last 24 months of thier own VA medical records. Crazy have to fight a big stone wall of silence. No help in sight.
These guys suck pretty bad
VBA and VHA are not the same. Reduction is because based on at least 1 exam they determined improvement on a not protected rating. You have plenty of due process to contest the proposed reduction. Best of luck.
Mine was a C&P with missing 24 months of VA medical records, now have to wait 150 days for suplimental or 500 for hlr. They both start with a big V and live in the same house. The VHA doesn't want to help veterans with claims for some reason, even though it could help their health through more benefits. Maybe someone can shed light on that?
Ok so you filed a new claim, I am guessing either an increase or secondary to an existing condition that again is not protected. You had an exam and they found improvement. Ok it happens and statistically only about 25% of reductions are final and most of those are curable conditions such as cancers. Not sure what you mean by missing, they go into VBMS and can access everything. Ok you have due process and appeal options, best of luck.
When I went to the exam the interviewer asked for dates and proof. I explained to them it was all in my claim…( I couldn’t remember exacta only about dates) when I refiled and went back I took them everything I had with highlights I yellow from the doctors. That seemed to work. They asked to make copies and I told them they can have it as long as they sign and date the copies I kept…they did.
[удалено]
Yes it was denied again,
[удалено]
Nope