Supplemental Claim or New Claim? VA Disability Claims Tips
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- Опубликовано: 21 окт 2024
- A question I get a lot is "Do I file a Supplemental Claim or New Claim?" Are there some good VA disability claims tips to help me know which one to file?
Many veterans don't really know how the VA claims process works, and often wonder "how do I know which form to file for the VA?" Today I not only briefly explain how the system works, but give some simple tips on how to understand and know how to file properly for your condition.
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 helping men and women get the veterans benefits they deserve. 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.
Probably the most information on this subject out there. Thank you
Great job 'splainen things Andy!
I wish this info was out a year ago. My VSO had me file a new claim from 2016. We’ll see how that goes. If I win my claim I guess it’ll be time to try for back pay.
Please Keep Your VSO on a
Short Leash.😢
Please summarize what the GAO just recommended for bva changes for improvement in appeals. Thanks Andy
It's coming, Phil!
Brother, Thanks for the info. Appreciate you running thru the hypotheticals and which avenues to pursue.
Thanks Andrew, I have until June 12,2024 to file under the pact act, as when I had C&P in 2011, they denied my Agent Orange claim. They stated there wasn`t anything wrong with me. In 2023 was sent by ambulance to a hospital where they had a Specialist in AORTIC ANEURYSM field for one that was 9" in dia. I told the doctor about VA saying nothing was wrong in 2011. Dr. stated bull , it would take at the very least 30+ years to get this big. When I did have the surgery, Dr. put 10 Stents in as he had to reroute all the artiey`s that went to my major organs.
Going into month 13 AFTER claim went to supplemental appeal from an HLR. Recently had a paper only C&P uploaded in late October 2023. Initial file in August 2022! Ridiculous that this has dragged on as long as it has!!
It's painful. So many claims just sitting, waiting for decision. The backlog is ridiculous, and it wouldn't be so bad if the VA did it right the first time around.
@@guidonlaw Yep! Had VERA call this morning and was told my claim is awaiting decision since last week of November 🙄
Thank you so much that was so helpful.
Within "Days", I Will have Finality in/Of Remanded Decision of 12-07-2022!
Appeal certified to 2006.
If a Denial, I will call You. If Grant, won't!
I wish you the best of luck and I hope you don't have to call us!
@@guidonlaw *#ExpectExploratoryCommunique
Update 5-19-2024. WAITING for BVA to finalize and Issue Decision of 12-07-2022; Which was NOT-Finalzied, Nor Decided. VA faced with Conundrum! Their Myopia v-s The Truth...
Diagnosed with HTN and CAD, would frequent urination be secondary supplemental claim?
Andy , Thank you for the information. Can you please comment in DROC review of claim . Who qualifies? What is the requirements to submit etc?
DROCs handle the Higher Level Reviews and also process some aspects of supplemental claims when the Higher Level Review has found a duty to assist error.
Are supplemental clams standard or fully developed or is this based on the initial claim?
What if I have a deferred claim without a decision after my C&P exam? If I upload additional documents such as a Nexus or buddy letter during this process, does that count as a supplemental claim for the VA to review?
We should be able to hire an attorney from the very start and let them get their 30%. I mean, the last thing u wanna deal with is putting in a claim you probably did wrong from the start and get denied 6 months later, only to be able to hire an attorney who says u filed it wrong.
You don’t need an attorney. The VA is making the entire process really streamlined. If you’re able to figure out how to post a comment on here, there’s no excuse for not being able to file a VA claim on your own.
Im putting in a claim for new conditions, increase on already service connected disabilities and new evidence on previously denied claim (within a year of denial). What form should I put in? Thank you for all you do.
I had a claim denied back in 1998 for my back - injuries clearly documented in service records. I'd like to re-open the claim, and it sounds like that is considered a supplemental claim. What about secondary issues that have arisen as a result of that injury? The "new" issues have never been considered before, and they aren't of the same body part (but, I'm claiming that they result from the initial claim). How do I file those? Can I put everything related (new and old) on the same supplemental claim form?
I got a low MH rating. The C&P examiner didn’t mention all of my Symptoms in his report. It was a really quick exam too. Before the year was up I filed a supplemental claim with a Nexus and DBQ from Dr Sharma. The DAV filed the claim for an increase. Should the VBA pay me back to my original intent to file? Thanks
I received a 30% rating for a service-connected condition. I strongly believe that I deserve an increase. Now, I am still within one year to appeal this decision for an increase because I now have a nexus letter and a buddy letter. Do I file a supplemental claim and state in BOLD letters on my supplemental claim that I disagree with the rating and I'm seeking an increase? If I don't need to file a supplemental claim, what can I do in order to increase my rating (keep in mind, that I am still within that one year mark to submit a rebuttal).
This is a great question. First, become familiar with the schedule of ratings for your particular condition, because you will need to show that you were at the next higher level at the time of the C&P exam, because even if you continuously pursue, the VA will rely on the "facts found" and just assume that your condition has gotten worse since the last exam. So, there needs to be evidence that the previous C&P exam underrated you, that your condition has always been worse than it's current rating, etc. If you think it was a crummy C&P exam, write that down on a statement in support of the claim.
Our general practice would be a supplemental claim, BUT you really have to have the evidence that shows the condition was underrated since before the last decision.
I filed for 2 claims and filed them as secondary to an already service connected condition(s). They got denied. However, i qualify for Gulf War, I overlooked the fact that the claims i filed for was presumptive, which was stated in my “Favorable findings” section. What would you say is the best route to take?
The VA has a duty to assess all theories of service connection raised by the record, so even if you wrote "secondary to XYZ" on your claim form, the VA is SUPPOSED to also consider if they are presumptive.
Depending on the circumstances, a request for higher level review or a supplemental claim, since the conditions have already been addressed, which means a new claim (21-526EZ) would just get rejected if filed for those same conditions.
Filed for and denied for PTSD/MST. The C&P examiner included Insomnia and anxiety, effectively excluding me from filling those as part of tinnitus or migraines of which I’m already rated for. Why would he automatically include conditions I never filed for and what options do I have now that he did that?
Andrew I just got service connected for TBI and post concussion head aches but they denied neck/cervical. I suffered a major head injury skull fracture surgical repair by Army hospital but the whiplash neck injuries from the same incident denied. I want to appeal can you help me out
Hey sorry I wasn't replying to comments for a while - got tied up. Go here and fill out a webform if you haven't already: apgrosslaw.com/contact/
@@guidonlaw sent......thanks
So let me see if I'm getting this right To file a request for increase because service connected gotten worse and it's been over a year file 21526ez which your saying is a Supplemental claim?
I was rated 10 for tinnitus and all 7 other items including loss of body parts and cancer are deferred. PTSD non combat moral injury was denied. HOw long can the meat items of the claim stay deferred. my decision came on feb 26 2024. VA claim tracker was in prep for decision and suddenly went back to square on evidence gathering in national work queue and not assigned anywhere?? Also in my decision I was confirmed for TERA
Effective date issue
Does 38cfr 3.156 apply to BVA decision. I got BVA decision July 2016 denying OSA due to no diagnosis but was diagnosed by VA same July 2016(sleep study was in June but was read in July) and was given CPAP. Just got approved with effective date of April 2023, can I get earlier effective date? Original claim was in May 2011 (left service July 2010). Any guidance would be greatly appreciated.
Theoretically, potentially, yes, it's a tricky issue. I think it's something we'd be interested in looking at.
@@guidonlaw thank you for your feedback
I was service connected for meniere with 0% I appealed to Board and received an increase rating 30% I think that is too low. Can I file a supplemental claim with new evidence
Does a board appeal open up your entire claim for review?
Just the issues that were appealed.
Va will jip you of back pay if you let them