Don't Fall for This Supplemental Trap | Issues with New VA Appeals System | Evidence Needed
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- Опубликовано: 4 авг 2024
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Carol Ponton - Founding Partner
Matthew Hill - Managing Partner
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Thanks for the info update.. I have been fighting for service connected disability claims for 8-10 years. Whenever it was denied I immediately appealed the decision, but I remained proactive in keeping my VA appointments, so I built up the documentation for reconsidering and it worked; although it took some time.. My persistence, patience, research through my records and due diligence paid off.. I see so many veterans working at the VA whom don't have the patience to go through the process.. Good luck to my fellow vets.. I hope this helps because they're correct.. You must do your part...
I must say the SUPPLEMENTAL claim worked very well and quickly for me. I filed an online Fully Developed Claim. Went to the C&P exam in 5 months. Received a 30% rating after another 4 months, and 5 weeks later received my check with back pay. I developed MORE relevant evidence they had overlooked for my supplemental claim and I received a 20% increase in 4 months. Fully Developed Claims "On-Line" work and receive timely attention.
Thank You both for sharing your vast knowledge.
I love the way your law firm explains things boy i need some very needed help
You're right I waited two years after the initial claim and they denied it then I provided more evidence ( I initially told them to get and review two years prior) they accepted it. You guys explain this better than I ever could to my fellow veterans. Thanks for sharing
I_n_sis T how long was process after that? They schedule you a C&P?
GOD BLESS you at H&P for everything you do for vets! WE LOVE YOU!
My diagnosis changed from borderline personality disorder to ptsd based anxiety and depression while in the process of the claim that was denied. I didn't know about the evidence thing. Just signed for them to have my VA files. Keep being told to see my counties veterans service rep, he's only here one day a month so other counties aren't talking. My dav only has a handful of members and open once a week, and the same other post refer me to my county. The psyciatrest they sent me to I spent less than 5 minutes with.
reach out to vaclaimsinsider, I think they can help
I initially filed migraines and headaches secondary to my lumbar issues. I did this under guidance from my doctor. I was recently service connected for tinnitus. My neurologist says there is a strong connection between tinnitus and migraines. Should I file a supplemental or a decision review request? New evidence in my favor: tinnitus diagnosis that is service connected, nexus letter from the neurologist for migraines secondary to tinnitus, DBQ for migraines from 2018 (did not submit before), a battle buddy letter detailing my headaches, personal statement regarding migraines and tinnitus, and my prescription history showing treatment for migraines.
By the way you both look great. I love the more intimate setting. It feels like I'm sitting at kitchen table with you two.
Lay statements or buddy statements count as evidence, correct? As in, I went to a C&P exam, got a decision letter, but realize now that some of my symptoms weren't mentioned in the C&P. I plan to file a supplemental.
you guys are great. thank you
Thank you too!
One thing I wanted to ask is whether filing a supplemental claim puts an estoppel on appealing to a higher court if you fail to win, and therefore causes you to lose your effective date on an intent to file claim?
What reasons would a supplemental take over a year? All evidence is on my side 💯 C&P done in may.
Already at %60 for service connection for being a combat veteran.
Very helpful ....
So if I claimed my knees and migraines and was denied both. But have since been diagnosed with conditions and been prescribed things for both, then that could be submitted as new evidence?
Sound like you must have a strategy.
- Gather 100% wortb of evidence.
File a new claim with 70% evidence. If denied, submit the other 30% as new and relevant evidence for supp claim.
I was told to wait a year after the initial, then a year after the 2nd, then after the 3rd, I was told I couldn't do anything unless I could go to DC for a personal claims trial, which I couldn't. 10 years later, and after finding many who didn't help or told me I'd need to pay $10,000 to a doctor out of pocket, my claims are still sitting with made up reasons for denials or downgrades of diagnosed problems(ie disk fracture turned into back strain). Some denials, like purple heart for TBI, wasn't even an award you could get for TBI at that time. Then utter nonsense that I've had TBI since I was 5 from a superficial cut. My question is, are they still so adamant to find every wordplay or reaching fallacy to deny claims?
I was given a rating after being denied the first time. I then noticed the effect date was incorrect and called to confirm this and upon speaking with the VA representative she agreed and informed me to appeal it, however I had evidence to this and filed supplemental appeal because I had emails and other evidence showing when my application was submitted. Does this mean I made a mistake by submitting a Supplemental Appeal??
What if my supplemental claim got denied? I even submitted new an relevant evidence. What appeal should I go for if I am not in agreement with their decision?
I just saw this on va website track claims: The Veterans Benefits Administration sent you a Supplemental Statement of the Case on April 22, 2020 because, after completing the remand instructions from the Board, they couldn’t fully grant your appeal.
What are my next steps
I filed for an increase for my back and I was denied an increase, however, I have new evidence that my back has gotten new evidence through XRays that I have significant changes to my back. Should I file a supplemental claim or an appeal?
Great videos. Thanks for all you do.
What if your claim was approved, but the rating was lower than what you thought it should be. You filed a Higher Level Review and they increased the rating. However, you still believe it should be higher. If you get a Independent Medical Opinion supporting you, would you file a Supplemental Claim at this point or BVA for a rating increase?
Filed a claim for PTSD, hearing loss & Ménière’s it was denied. I was told to file a supplemental claim because it was not filed as PTSD w/MST. Well now I have the diagnosis with strictly MST anxiety depression and panic attacks. I have documentation from 2 psychiatrist I am seeing as well as disability approval from SSDI from SSA for that and Ménière’s disease and hearing loss.
Would this be considered new evidence? My dr says yes.
Do you currently have an open claim with the VA? Please feel free to give us a call at 386-257-2100. Thank you and I hope you have a great day!
Would you recommend a supplemental claim if you've been rated and requesting an increase to that rating?
The answer is yes
Thank you. Will share! 😉
Denied on a claim from January, got a nexus saying it is more likely than not, basis being not only past claims of similar circumstances being approved, but that it isn’t something that develops quickly, they’re conditions caused by wear tear and abuse on the body. I did the supplemental way and submitted that nexus. I’m hoping that because I was indeed diagnosed by the VES physicians used here that the nexus finishes connecting the dots.
Can anyone weigh in on plausibility of a reversal
What was the result of this?
Even if it’s past the 1 year mark. I missed my appointments due to my bipolar episodes and didn’t file supplemental claim until 2023 when the initial was 2015
I have a question if you file a supplemental claim, are they using new relevant evidence while they been treating you for at VA hospital , what if they say “owe it seem like it getting better?” does that hurt your old claim?
Filed a claim and was denied. Filed Higher Level Appeal and was denied. However, they acknowledged my injury did exist 9 months prior to my discharge and was present at discharge. But I was denied because too much time has passed before my initial claim. Does anyone know how to address this time issue?
I was received ptsd and sleep apnea service connection but was denied for my depression. Which didnt make sense
I need help in this myself.
Just wondering, if you were denied a claim because you submitted the wrong paperwork and then the claim is approved 10 years later would you get back paid?
When you say out does that mean you can never file again.
I filed for migraines two years ago and was denied because I missed my appointment. I tried to try again and they automatically dismiss and deny the claim but since then I have been service connected for cervical strain, tininitus, and anxiety and depression all of which lead to migraines. How to I fill out the supplemental claim
Hi there David, thanks for reaching out. You may want to consider speaking to a local VSO (Veterans Service Officer) near you for help with filling out certain forms.
I was denied for PTSD, but given 10% for TBI. This was in January 2021. I now have a PTSD diagnosis, and worked with my VSO and submitted a supplemental claim for it. He said I should get the back pay from then to now too. Which I hope to God is true.
Do supplemental claims take as long as new claims, or what's the deal with that?
If military service records diagnosis' were clearly overlooked by the VA rater, can the military service record still be submitted as new and material evidence?
Do you currently have a claim open with the VA? If so, please feel free to give us a call at 386-257-2100 to see if we may be able to assist. Thank you.
supplemental claims are only for previous denials?
Would filing a supplemental claim with a new DBQ be sufficient?
Yes! You would submit the 20-0995 with the new DBQ for your denied condition. That's all a Supplemental Claim is under the new AMA rules. If it's still denied and you have no other evidence to satisfy the claim and the evidence you submitted is strong enough to possibly grant under the benefit of the doubt rule you can go ahead & file a Higher Level Review. This new process seems to work really well with denied hearing loss/tinnitus claims with a new medical opinion from an Audiologist that's counter to the C&P evaluators opinion which more likely than not denied the claim. Good Luck
I filed a claim for obstructive sleep apnea and was denied, but I recently got a Nexus letter from a private pneumologist stating that my sleep apnea is due to my service-connected condition of Mayor Depression (weight gain due to depression) Should I file a supplementary claim?
Yes, Roberto, file the sup claim. Make sure you have the sleep study and such and a personal statement too. For whatever reason, the VA HATES SA claims and fights tooth and nail FYI.
My my vso put in a supplemental claim for my shoulder because I didn't get a increase. But my C&P examiner never took one measurement of my shoulders or my knees. I had a New c&p of my knee in March but I haven't heard anything yet. And I have a c&p exam on this Tuesday and it's a secondary to my left shoulder SC and I have a torn rotator cuff and ligament damage from over compensating for my left shoulder for over 40+ years, but now I have to compensate for my left shoulder because my right shoulder is so messed up. So I hope I get award letter for my right shoulder, surgeon said it needs to be complet shoulder replaced replaced at least I have New evidence,any thoughts on this would be great my c&p exam is may 9 2023
FYI: (my experience, this year) Seems the VA itself, is / has asked for "Private Records" DURING MY HLR! Sending me letters to submit such records or assist THEM in getting these records. I see this as 1 a 'breach in etiquette' and / or a "CUE" in regards to THEM asking for and thus even apparently, at least evaluating / weighing "NEW EVIDENCE".. I'm NOT allowed to submit NEW evidence, but THEY'RE ALLOWED TO ASK FOR AND USE IT.. if I THEN PROVIDE IT or they receive it? WOW! I've notified / cc my attorney in this regard, just wanted to let others know, THIS IS HAPPENING! Despite, being told OTHERWISE!
We are very sorry to hear about the trouble you have been having and we hope that you are able to get it straightened out. Thank you for watching!
I was denied due to “not service connected.” However, the condition is now “presumptively service connected.” Should that be filed as a Supplemental claim? Is the fact that the condition is now “Presumptive “ be considered “new evidence?”
Best best new and relevant evidence are expert medical nexus letters. Worked almost instantly twice for me. 100% P&T after being initially denied.
VA page says they have reviewed and made a decision and closed the case on my Supplemental Claim. They said they sent me a letter 7 days ago, but the page does not say what the decision was. There is an Issue - Compensation Issue....with no details. Ebenefits has not updated even to reflect that I have made a renewed claim at all...even the date for my initial claim and it's decision is blank. What does Compensation Issue mean? Any idea why a week after making a decision I don't have a letter in the mail? What hasn't Ebenefits been updated even to show I'm in the midst of a claim process that I started in November? It's not very transparent at all.
Hi Garrett, thank you for your question. It has been submitted to hopefully be answered in an upcoming video. Please stay tuned.
@@HillAndPonton I got ahold of the VA today and they say that the letter was mailed on the 8th and that they arent allowed to discuss the contents of the letter until I have the letter itself. So, when I get it in, I may learn the answers to some of those questions. If I do, I will share what I learn, if anything, here for others.
Just talked to my "new" VSO at a diff city/office. Moved location because my first VSO failed to advise to send in nexus/supporting/exacerbation docs to support a new claim and a supplemental (for a denial from the 90s). That means 1 new claim and a supplemental in the system. The "claim" gave a rating of 10%, the supplemental is still in review. So I sent in a Supplemental last week, which supports getting a higher rating on the first "claim". The new rep just told me that raters prefer everything on one supplemental, that having multiple supplementals in the system will get thrown into pool and can cause hold ups on the older supplementals. Anyone know if this Is true or not?
My initial claim for Tinnitus was denied due to "non-service connected" and I filed a review of a previously denied claim. My new evidence was two things...1) Me explaining how my MOS involved high explosive noises and 2) a buddy Statement from my spouse indicating signs that I have tinnitus. I received a letter from the VA asking me to either file a Supplemental Claim or a Higher Level Review. From your video, sounds like I should either file a Higher Level Review or an appeal to the Board and submit those same documents. Which route?? Thoughts?? Help!! Thanks in advance.
The regular VA did a sleep study on me and diagnosed me with OSA and issued me a CPAP. So I filed a claim for OSA secondary to PTSD which is already service connected.
They denied SC for my OSA because thru said theres no evidence to link my OSA to PTSD. I thought the regular VA’s diagnosis would be enough but I guess not.
So now I am meeting with a sleep doctor who is going to review all of my medical files and meet with me to discuss a possible nexus letter to connect my OSA secondary to PTSD.
So I’m doing a supplemental claim for OSA and submitting the nexus as new evidence and hope that does it for me!
This is what I am going through. Did your supplemental claim work for you?
@@mikerobinson9318 hello, yes!
I got into contact with the recommended sleep doctor; who used to work for the VA, and she asked me to send in a lot of my medical files and VA denial letter for review in order for her to either agree she could write a nexus letter or not.
So she was able to send me a thick nexus letter that stated not only is my OSA secondary and being antagonized by my PTSD, but she even wrote that it is more likely than not, that all of my service connected conditions will not improve going forward.
So I ended up winning my OSA secondary claim plus, 100% P&T!
I am kinda having the same issue now only difference is that I already got my nexus from my Dr. before I submitted my FDC and still was denied I had the big 3 "Diagnosis from a sleep study that I did at the VA, OSA symptoms, Prescribed a CPAP machine" ! sent in my med records and a buddy statement from wife the whole 9 and still was denied. Told my Dr. about how I was denied so now I just been waiting on my Dr.'s rebuttal statement that he told me to send in with my claim. So my question is from your experience where do I go from here ? higher level review or supplemental claim ? Man any advice would be greatly appreciated !
@@alpinar5545 jesus man, I think a higher level review is next.
And dont hold it too hard against the sleep dr, he probably did a great job on the nexus and the VA people there are just aholes. Did you submit all of your medical evidence to the sleep doctor though?
Also, have you contacted your county VSO rep? I’m not talking about the independent VSO’s you find at the VFW and such. The ones I’m talking about work directly for the county VA department and will help you out. The one I went to gave me solid advice and he was a combat vet too.
If you haven’t, you gotta link up with thar county VSO asap to make an appointment. And also let him know you want a copy of your C-File which contains all information on why the VA denied you. There’s actually information on there that we as Veterans are not allowed to see, so ask for that too. Mine came about 9 months after I asked for it so I didn’t need it in the end. But if you aren’t 100% P&T, get that to understand what they really think about all of your conditions.
Long post sorry about that.
Don’t give up on this shit either, you served so deserve! Good luck.
@@XxStonedImmaculatexX Thanks for the reply ! My Dr. wrote an awesome Nexus a few pages actually, and yes he reviewed all my VA med records thoroughly. I haven't contacted my county VSO wasn't aware they could help , I'll look into that. Thanks for your advice , the long post was needed and appreciated !
I submitted claims and was provided C&P exam appointments, which I could not make, due to working out of the country roughly 75 percent of the time. These appointments were late Dec 2019. I was told to just notify them a few months before I would be home again and then could set the appointments for the time I would be home. I arrived home again in Feb 2020 to discover a letter dated Jan 2020 denying my claims, stating they are not service connected. I contacted the VA to find out what to do. The Rep advised me to submit the Supplemental Claim 20-0995 and explain that the decision was made prematurely due to my circumstances and I am requesting to reopen the cases and schedule the original appointments. Would this work in my case since I have no actual evidence to submit but need them to allow me to schedule new exams for initial evidence?
Thanks
Can I still file for supplemental claim 16 years later?
I'm trying to get temporary convalescence benefits after a foot surgery. They only gave me the increase for one month. I called VA claims and they told me to do a supplemental claim.
My foot will take at least one year to fully heal with this ankle surgery and I want an evolution asap to show more evidence because they did not evaluate me after the surgery.
what would be the best route?
We are very sorry to hear about your surgery. Unfortunately, we are unable to give you any legal advice. However, we do have a good article about convalescent ratings that I have linked here www.hillandponton.com/the-3-types-of-temporary-100-disability-ratings/
well even with evidence they will still deny claim, even with VA doc already stating highly likely aggravated from the service... still denied.
"If you haven't file a claim forever..." I need clarification on this statement he said.
DEFINE: *FOREVER* for all future times; for always, continously, endlessly, always . . .
In the video, Matt is referring to filing a supplemental claim. Our website states "The Supplemental Claim Lane is one option, available from different lanes, designed specifically to allow veterans to submit new evidence to support their claim." I have linked the full blog here for more information www.hillandponton.com/ramp-supplemental-claim-lane/
Does the va consider The Pact Act which covers a lot more, "New" evidence? Then just prove relevance?
So I applied for a claim and went for a C&P exam for it. Two weeks later, I received a call from the VA stating a supplemental claim has been filed for me and that I need to attend another C&P exam. Does this sound normal? Can the VA file a supplemental claim on a veteran's behalf?
It seems so, or at least was. I know a guy I deployed with had this to happen. He got 30%, and his doctors filed paperwork for him, and it jumped about 4 times after 4 more visits all the way up to 100%. He didn't even have to do anything. Said he just kept getting those letters, then a following one that said he was increased. Guess he's one of the elusive and extremely rare cases...
Can I file a supplemental claim after being denied and its been over one year. I do have new and relevant info.
Yes. What you have is a reopened claim. The new Supplemental Claim process is the only way to submit a reopened claim. Complete a 20-0995 & submit to your regional VA CIC with the evidence you have.
Barring all that...the veteran always has the right to sue.
How do I file a reconsideration to an FTCA claim denial
Hi Francesca, thank you for your question. It has been sent to our attorney to hopefully be answered in an upcoming video. Thank you for watching!
Hello I am searching for your segment on non employability
Hello there, here's our Ultimate Guide on VA Unemployability: ruclips.net/video/6QZYplYLwZk/видео.html
What if the evidence is evidence of a coverup and personal statements recorded during the incident in service that were never submitted by me..does that count as new evidence?
How can I claim diabetes being service related? I got Type 2 diabetes 2 years after discharge but, was not overweight. I was in great physical shape. All of my doctors didn't understand why i got it, especially that i do not have a family history of it.
This comment is about claims for the conditions that are presumtives that appear within one year, does the claim have to be in that year. Also under exposure to radiation I saw nothing about being down wind of the power plant explosion in 1986 when we were in Germany, is that an oversight or not considered or???
Is a buddy letter considered new and relevant evidence?
No lol
@@moephillsjr I think you're wrong. A buddy statement is new and relevant evidence.
Can you intent to file for a supplemental
Hi Joshua, no, you cannot file a VA notice of Intent to File if you are filing a Supplemental Claim.
Can I switch va lawyer's
Can you tel please tell me about Audit the claim denied from 1982 to 2016. I never new about audit denied claim. If anyone help me know about this reach out help me
Thank You
@@HillAndPonton if you think that Va. Did not pay you retro pay for claim you file , I did audit last week on all claim did from 1982 from 2016 Va. Never pay retro for any my claim I never put in .
@@HillAndPonton if you go over 120 days for appeal but fax to Regional office also they told me receive fax. I didn't know that you have send to BVOA . know that are try stop the appeal can please tell what can I do know . I thought when send to Regional office everything ok
But they said I over 120 days. .
Please tell what I can do
Thank You very much.
is it possible to go from 10% to 100% in one go
@@HillAndPonton I need your help
A little off topic but please pass along to all Cold War vets. There is a bill in Congress H.R. 5757 Cold War Service Medal Act, that has languished in the House for several years. This bill would pass into law an official medal for all Cold War vets not just a commemorative medal issued by various veteran’s organizations. Please write or call your representatives to get this bill passed and honor the millions of vets who served during this overdue honor passed.
does anyone know the average time on a judgement on a high level review ??
4+months is the average time. Why H&P could not advise when the VA itself publishes the data is beyond me.....
Carol is good
She's among the best!
Went from initial 0% DSC granted to 70% to 90% [ 3 decision letters ] filed supplemental appeal with 7 secondaries , 6 C & P's and minimal new evidence . Feel like the luckiest guy in the world to get a combined rating of 90% pro se . Service connection [ DSC ] is the key . Probably going TDIU or another appeal [ ' gonna ' consult a lawyer for this ] .
I would like to see who denies the claims and have them go through what we Soldiers go through in combat, and then see how they change their mind very quickly. It's very disrespectful in my opinion.
You guys are getting confusing ...the BOARD had my claim for 3 years then Remand letter came...thanks for clearing it up ..keep gathering evidence thats real and go back with "new and revelant" evidence...New means New and revelant means it has to pretain
to issues in one way or another...