Is The VA Killing Supplemental Claims? PACT Act Supplemental Claim
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- Опубликовано: 17 сен 2023
- Recently I wondered "is the VA killing supplemental claims?" Because of the PACT Act supplemental claim hiring process, poor training seems to really be the culprit. Was your supplemental claim denied? Today, I take a few minutes to explain how to fix this and effectively file a supplemental claim for disability compensation and get exactly what you deserve.
My name is Andy Gross, and I am the founder and managing attorney at the Law Office of Andrew P. Gross. I'm an experienced litigator and advocate with over a decade of experience. I served as a Judge Advocate in the United States Army, and have dedicated myself and my career to serving the needs of others. I started his firm to serve those injured by the negligence of others, along with Veterans seeking the benefits they earned through their own service.
DISCLAIMER: This video is not legal advice and is for educational purposes only. Individual cases will vary.
All content copyright © 2023 The Law Office of Andrew P. Gross
Visit apgrosslaw.com for more information. 
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If this lawyer can help me, I will make sure he is known through out the lands.
Thanks for your advice. This got me to thinking about a claim the VA denied.
Thank you for the information.
gr8 info Andy
Great advice overall. The only issue is where you talk about supplemental claims and how to resubmit them. Simply writing "i disagree with my rating, etc" and sending additional evidence does not warrant an increase. The rating/percentage assigned is based solely on the the information that is found on the compensation and pension exam. For example, if a vet attends their C&P exam and for a right knee issue due to an injury in service but the doctor says the current dx and pain is due to their post military work as a heavy engine mechanic and opines that it is less likely than not associated to military service, that would result in a denial. Even if the doc provides a positive medical opinion but notes that the current diagnosis doesnt cause pain and doesnt cause a limitation of motion of that joint, then the vet would only be rated at 0%. Again, all of the ratings are based on the information on the C&P exam. I wish more vets, vso, and agents knew this so that they understand how best to proceed without getting their hopes up or feeling like they're being mistreated by VA.
You make a good point, but what you are describing is actually the VA violating its own rules.
The M21-1 specifically notes that the Rating Veteran Service Representative should look beyond what the C&P exam says to see if the next higher rating is warranted. In practical terms, because the VA favors "production," as in the number of claims moved, over "quality," most RVSRs will plug the C&P data into the ratings builder tool and leave it at that, but what they SHOULD be doing (according to their own internal rules) is looking at the entire file to determine the proper rating.
In fact, there are provisions that allow for the VA to make a decision in many cases without even doing a C&P.
Thanks!
Thank you for what you do!!
No, the VA is not killing supplemental claims. I filed one this year for effective date error, which was denied. HLR filed right away. Informal conference a month or so later. The reviewing officer asked if I had anything else to provide and I said "I am confident I described the issue quite clearly when I applied". He took a peek in my file and he said was "OMG...this will be done by the end of the month." Probably the easiest HLR he had to do.
I explain what I mean by that in the video.
We've had multiple supplemental claims kicked back in the last month because, according to the VA, we used the wrong form.....even though we didn't.
Good video
they didn't kill mine. and my bilateral foot drop was continued but voiding dysfunction from 20 to 60. the claim was rated in 6 days. my primary care doctor completed DBQ's for peripheral neuropathy and voiding dysfunction. 100 percent scheduler
Hey Andrew. I was recently told by one of those “VA Benefits Assistance Reps” that if I file for radiculopathy in both legs secondary to my rates back condition that I WILL NOT receive the extra percentage for bi-lateral. They said it is because it is not claimed as direct service connection. Is this true? They also said the max I would get for each leg is 20% for the same reason. Is this true??
"One of those VA Benefits Assistance Reps" likely is a Veterans Servie Officer. I can't speak to your experience, but the guys I have been workiung with know their s%it. The VA has been inundated with claims due to the changes from the PACT ACT, and they have been hiring people hand-over-fist - and I don't even want to guess how long it takes to get one person trained up, let alone 20,000. They also decided to go from paper to electronic work and their backlog is something like 250,000 to 280,000 claims (mine is one of them, Agent Orange) and I have been at it 25 and a half months. It is easy to counsel patience and it is hard to maintain it.
@@timmoore9736 I appreciate your reply but, I have no sympathy for the VBA’s lack of preparation or their unacceptable completion of their work flow. This could have all been avoided with proper management and preparation.
Hello , I applied for disability in 2006 as soon as I was discharged“lower back issue “ I was denied . I was denied again in 2012 , then again in 2018 . I have new evidence and would like to try again . I’m also rated 70% for MH . So … two questions , would this claim put my MH rating at risk ? Would this be considered to be continuously persuaded ? Within a year of discharge and 4 x for the same issue in a 15 year span ?
Why wouldn’t you do a higher level review instead if the evidence is already there.
Pardon the lawyer answer, but it depends.
Assuming the evidence you want is already in the file, it might be that the decision was over a year old. Or, more frequently, you’ve just come off of a bad higher level review and you want to add more evidence so that you can get another bite at the apple in a supplemental claim .
Stay away from VSOs.
Not all are created equal....
DAV has been very helpful to me in Tulsa, Oklahoma.
I have found that some VSOs are responsive, smart, thorough, etc.
Some others....not so much.
Like when you stop a VSO from filing for depression because he sees depression in your STRs when you're already connected for PTSD. They can sure muddy the water and your claims history looking ridiculous. Got to watch out for yourself.
Dirt