How to Reopen a VA Claim
ฝัง
- เผยแพร่เมื่อ 24 ก.ค. 2024
- Table of Contents
0:00 Introduction
0:43 Why would you need to reopen a VA claim?
1:33 When does a VA decision become final?
2:10 What kinds of VA claims can be reopened?
2:47 “New and material” meaning
4:20 Reopening a claim in the new VA appeals system (AMA)
6:07 Filing a VA claim to reopen
6:51 Who decides whether evidence is “new and material” at VA?
7:19 Can you appeal an unfavorable new and material evidence determination?
8:08 Does the type of evidence you submit matter?
9:06 The difference between reopening a VA claim or filing a new VA claim
9:39 Additional evidence within a year of a VA denial
10:38 Reasons to NOT reopen a VA claim
11:42 Should Blue Water Navy Veterans try to reopen previous VA claims related to Agent Orange exposure? (after the Procopio Decision)
13:31 Effective Dates for a Reopened VA Claim
15:01 “Service Records” as New and Material Evidence (including Navy Deck Logs)
17:05 Blue Water Veterans - Will they maintain their effective date?
17:51 Can you appeal a reopened VA claim?
18:50 Final Thoughts
READ THE BLOG POST:
[Part 1] cck-law.com/news/reopen-va-cl...
[Part 2] cck-law.com/news/new-and-mate...
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Thanks for watching everyone! Feel free to ask questions in the comments below. And if you are a Blue Water Navy Veteran (from the Vietnam War), be sure to tune in at minutes 11:02 and 17:05.
I would like for you to represent me on a claim I put in for said claim and I got denied. 10 years later the VA sent me a letter and said we found this said claim in your medical records but you need to complete a form. I then got service connected to said claim but no back pay. Do I have a claim for back pay?
Your presentations are so knowledgeable and on point! Thank you!!
I filed for fibromyalgia in 2009 after being diagnosed by the VA, which was within a year of getting out, & was denied even though it’s a presumptive condition. I didn’t appeal withIn a year & didn’t know all of this stuff back then unfortunately.
In 2014 I could no longer work & filed another claim again for fibromyalgia this time it was approved at 40%! However, I only received back pay from the date of that claim not from the date of my original claim or the date I was diagnosed by the VA…which again I was diagnosed with fibromyalgia within a year of transitioning out of the Air Force & filed my original claim within the same year. So my question is shouldn’t I have been paid from my original claim date, date of separation, or date of diagnosis. If so what do I need to do in order to try & collect the retroactive pay I am entitled to?
I have another question too. In 2018 I filed for TDIU due to PTSD (I was already at 70% for PTSD & 40% for fibromyalgia) & fibromyalgia, but it was denied even though the doctor stated in my exam that very clearly that mentally I could not work & listed all of the reasons why. I don’t understand why it was denied especially since the rule that you must have 1 condition rated at 40% & another at 70% applied to me. Anyway, I didn’t appeal within the year, but I filed a supplemental claim this past March & was granted 100% P&T. They listed my effective date as April instead of when I applied on March 3rd which I believe is wrong. Also, everything the doctor wrote in my exam paperwork for compensation basically said the exact same thing as the last compensation exam I had when I filed for TDIU in 2018, so my question is can I file something like a higher level review to get the effective date for my 100% rating changed to reflect the obvious error they made by denying me in 2018 when they had the exact same evidence?
I have a claim with one item granted and the other remanded. It has been 6 months since the BVA decision. Received a letter to opt into RAMP although I was told that I risk losing any back pay. Is this true? Also, since one item was remanded, does that delay the granted part being processed at my RO? Thanks!
What form do I use to reopen a claim? Would I use a VA 20-0995 or a VA 21-526b? Should I also submit a VA 21-4138 explaining it?
How do you know evidence that was submitted was actually reviewed? You know C-Files get very large so how is the Veteran to "KNOW" that evidence already submitted but did not review it? So what is the Veteran to do then?
I was denied PTSD IN 2006, VA gave me 30% anxiety/depression instead. I didn’t know anything about appeals and claims so I just left it at that. I was on the USS Cole during the bombing…received 2 combat actions from the bombing and another incident. I honestly think that VA didn’t look at my record. What steps should I do to re open and win my PTSD claim? I don’t have a copy of my records.
I was denied secondary anxiety and depression 2017...after reading my C-File I found the C&P Exam was positive at least as likely 50% or more ....the Examiner did check that she read my VA file. VA then asked her to reconsider the positive evaluation and gave her a few dates 2 to be exact to show I didn't complain about my knees. These 2 days was part of 8 years of treatment of at least 200 days of treatment. They told her to find less then 50% likely and she changed the opinion against me. All this is in my C-File.
I had no idea that the VA did this underhanded move. I want to reopen the claim. Can I reopen this claim with what I found out what the VARO did to overturn a positive C&P Exam without my knowledge and not given the opportunity to respond with my treatment records that they chose not to consider or go to my therapist and have her write something positive and file it
@Tom C, for more information regarding what counts as new and material evidence for the purpose of reopening your claim, feel free to check out our blog: cck-law.com/news/reopen-va-claim-new-material-evidence/
@Lavender Irvin Great happy for you. I was at 60% but today they approved my claims at 80% with direct deposit in my account with back pay...I did it all myself no VSO or other help. Now I will go for TDIU soon with my doctor writing the report after reviewing my disabilities. Don't give up...appeal the 2 they didn't service connect and don't forget Secondary service connection. at 70% you can go for 100% or hire an attorney.....I don't trust VSOs....
Can I hire an attorney if my original claim was back in 1995 and new evidence has surfaced?
@Anton Leimbach, thank you for reaching out to us. We would like to learn more about your situation to determine if we can help you. Please contact one of our intake specialists at 844-549-4500. There is no charge for this call. Thank you, and we look forward to speaking with you soon.
Please Explain what Favorable Findings meaning? And what do I do with this decision?
Hello! The new decision format that VA has come out with as part of AMA involves an updated decision notice in which VA is supposed to identify any favorable findings. For example, if a veteran is claiming service connection for post-traumatic stress disorder and VA recognizes their stressor, it should be noted as a favorable finding in the Rating Decision.
If you'd like to read more about understanding your VA decision letter, check out our blog! cck-law.com/blog/va-rating-decision-how-to-understand-what-va-is-saying/
Have a good day!
My original claim was denied by the VA because I was on a "blue water" Navy ship that did not qualify for service in Vietnam, even though we operated within a few hundred yards of the shore (well within the 12-mi territorial limit). Does the new legal precedent (Wilkie v. Precopio) and the Blue Water Navy Act qualify as new and material evidence to support my original claim? And will my effective date be my original claim date or my supplemental claim date?
@Ned Preston We are unsure of how VA will handle claims such as yours until VA lifts the current stay on claims decisions, in January 2020. All Blue Water veterans are encouraged to file a claim in the meantime!
So, are you saying to file a new claim or re-open the old claim that was filed several yrs. ago and denied because in our case our family member was told that he was not in the right place at the right time to be considered as affected by Agent orange ?
I filed for sleep apnea secondary to bronchitis and was denied in 2018. I have since gotten buddy and ex-wife statements and working on getting my nexus stating that my sleep apnea was incurred due to residuals of my service connected bronchitis. That should be new evidence and my effective date should be when I submitted the denial in 2018.
I have a hard time following all this information, to much legal do I have to Know all this or do you guys take care of this
can a buddy letter be used as new evidence. My husband was denied claim filed via ramp and was denied. we have worked on this for 15 years, he has parkinson's disease and missed the presumptive cutoff by 10 months
@JudyFisher, buddy statements, can be valuable and versatile pieces of evidence to prove various types of claims.cck-law.com/blog/how-to-use-lay-evidence-for-va-disability-claims/
My late husband had everyone of the desert Storm syndrome but kept getting denied for disability through the veterans system and has now passed away because of his symptoms I am still fighting to get what he was owed is there anything you could do to help me
@Samantha Ekstein, thank you for reaching out to us. We are sorry to hear you are going through a difficult time. We would like to learn more about your situation to determine if we can help you. Please contact one of our intake specialists at 844-549-4500. There is no charge for this call. Thank you and we look forward to speaking with you soon.
Sorry to hear on your Husband! My god, what has to happen for the VA to really listen to people? My husband was found to have a whole lot of Cancer, that will take his life on Hospice now! We went for a Angioplasty/Venogram/Stent placed, to only find out the CANCER WORD, and spreading! He is 100% on VA Disability, but why wasn't this known before his near Death? From July to October, that's it!!My God, he complained of Infections, with wounds. He was bleeding at his private part, swollen there too, with sores. Even operated on, while all this was going on!! Vascular Dr who did the Cancer, with his imaging done, later said, I SEE CANCER! Now, should he have even operated, cause we didnt know he had Cancer. We most likely could have had the option, been told, with all that Imaging the Vascular did. Or was it the money he saw, on a VET? Actually, 3 mini operations he did, before we knew he had Cancer.
Do you guys take out of state cases?
@jdub, thank you for reaching out. Yes, our firm assists individual veterans with their VA disability claims and appeals nationwide. For more information about our services, feel free to visit cck-law.com
How long do you have once you’re get a honorable discharge to put in a claim.
I don’t think there’s a time limit
When reopen a v a claim do you lose your original claim date ?
If you reopen a VA claim and benefits are granted, VA generally considers the effective date (i.e. the date from which you begin receiving benefits) to be the date you filed a request to have the claim reopened, not the date of the original claim. cck-law.com/blog/how-to-reopen-a-va-claim-with-new-and-material-evidence/
Why is there no benefits or help for children of veterans? My dad was Vietnam died of ischemic heart disease but before they put it on the list so my brother and I had our educational benefits taken away. And why are we not notified about his death being put on the list? This system is set up for failure. My dad fought his whole life getting his 100 percent disability that he deserved since he was a Purple Heart honorable discharged vet being blown up in a tank in nam! Was in a coma for 6 months. Ended up loosing his leg later on because of all the stratal in his knee. And as u can imagine he had PTSD which led to my brother and I having hardly any relationship with our father. Now as adults we both were affected by our relationship with our father because of what he went through fighting for his country in Vietnam. Now my children will never know their grandfather. My brother doesn’t even want to have children. My mom has been fighting for what she should have gotten back in 2006 when my father died!! This is the most disgraceful system ever. Have young men fight for our country but when they get home who cares. Make it so hard for them to get what they are entitled too!! Let there families suffer and children live in poverty. Take away one benefit that could have helped because why!!!!??!! Why isn’t something set in place for the children that go thro this? Broken broken system. Shameful! Thank god for people like you guys who speak up for the voices they throw aside like trash. Rant over