Very good video Mr. Kimble. This video was very informative and covering all the bases. Mr. Kimble sometimes in the near future can you do a video on special monthly compensation? I noticed a lot of people have a lot of questions about that on this site and others and we would very much appreciate it if you can explain it to us and tell us the ins and outs and how to go about it if we qualify. Thank you again and continue helping us veterans we appreciate it.
I suggest to prepare and submit a Statement in Lieu of an informal conference as the alternative permitted choice. That way one can methodically point out the errors and points of law in the unfavorable rating decision without being rushed over the phone.
This should be modified for more than HLR - and then - be given to everyone during their retirement out process. Just the portion of gathering evidence and keeping it is so important. I am in the process now "CCK handling it" I would be glad to share my info with you when this is done. Your video is really great.
@@prdeacon974 Really not very much. She had read a letter from my VA Doctor and thought I was correct. She didn't say what my rating would be but it showed up not long after. Very informal.
I just had one, last week, for Sleep Apnea, GERD and PTSD. And, I just read my notes that I created about my claims to. I then answered one or two questions. Afterward, He stated that my claim for GERD was mishandled and also stated that he could see that I complained of stomach ailments while in the military. So, he was sending g it back to the examiner. On the other two claims, he is going to request evidence from my records and have the examiners do a second review. I don't know what all that means, nor do I know if I've conveyed everything from our HLV, correctly. But, my VSO says that it was very positive.
Doing a HLR for Pes Planus awarded 0%. Bilateral Conjunctivitis- Not service related. Had a C&P exam and was canceled because of Coronavirus. They later said a DBQ MUCS which aI have no idea what it is. I'm interested in using your company services.
Mr. Kimble, thank you for your very informative and unbiased videos! Question: anyway you could do a video on SMC, the levels and from a raters perspective how it is done? I received Thanks in advance!
My depression claim was denied service connection, stating that I never sought mental health treatment in the military. But when I did my fully developed claim, I included my tricare online patient portal history showing my intake into mental Heath in service. Seems like they didn’t even look at what I submitted.
That could be the case, some examiners have stated they looked at the records and there is no mention when there is clearly documented treatment. Thanks for sharing.
When I did my HLR on PTSD, it was LHI that messed up. Their PTSD exam did not cover anything related to my time in service. They asked about my personal history. So, the DRO set me up a secondary C&P exam with another provider. This time he (secondary doctor) had reviewed my file and asked me three questions. A month later, I went from denied to 70% PTSD. Can you just request the C&P exams from the VA that were completed from third party contractors? I have everything else.
What if the VA missed a diagnosis and test procedure (I.e. Hiatal Hernia and diagnosis of Gerds before discharged in a EGD) done in your service record, which lead to them not service connecting the condition? I have a copy of that page, am I allowed to send that in for reference in the HLR since the military service record is something VA should have a copy of from doing BBD claims upon separation years ago? Thanks in advance, enjoy the knowledge you spread in your videos.
I file for a higher-level review in February I'm still waiting for my phone call. I filed for a copy of my c&p exam done by a contractor. Still waiting ..
COVID slowed claims down to a crawl. My initial claim was denied in January. I filed my HLR a week later and I just got my HLR call last week. It will take about 5 months.
Mr. Kimble, you mentioned on one of your videos that VA wants to remove the veteran service representatives (VSRs) at the regional offices. As you know the VSRs have or had 48 hours to review new rating decisions on behalf of their clients. The change was scheduled to take place on April 24, 2020 and do you know if this change took place?
Thanks for the question. It's the VSO's Veteran Service Officers and the last time I checked, they used to have 48 hours to review the rating but that is no longer to my understanding.
Great information. If a VSR makes a mistake in terms of the advice given to a veteran, does the vet have any recourse to appeal a closed claim based off erroneous information from a Veteran Service Representative?
@@DewayneKimble I understand. These service organizations are supposed to help veterans... not me them over. I guess there is no accountability. Aside from my dad, I wonder how many other vets were hurt by irresponsible reps.
Great videoas always mr. Kimble. I had a couple of questions though. I just recently received service connection for unspecified depressive disorder at 30% through a high-level review. If I disagree with the rating percentage is my next step appealing to the board of veterans Appeals and showing evidence that my percentage should be higher? Or should I just file for an increase on unspecified depressive disorder? My next question is if I have recently been diagnosed with somatic symptom disorder, how should I file that since I'm already service-connected for mental health condition even though this is a different mental health condition? Would I file a supplemental claim since I know that the VA does not pyramid mental health conditions. Thanks for taking the time out to read my message.
Afternoon, let me fist say congratulations on obtaining the serivce connection. As to not leave a long response, can you give me a call to discuss? 855-765-3137
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!
Mr. Kimble, Would you recommend a HLR or VBA direct review? I think the only difference is the 125 days vs 365. I just don’t want to waste anymore time!
I didn't have to go the BVA way. Make sure you educate yourself before submitting anything, that way you know what your options are depending on the outcome.
Dewayne Kimble I submitted a supplemental claim for sleep apnea. I got another nexus letter to support me claim plus a couple of buddy statements. Just called the VA today they are requesting another C&P exam thru VES which was the previous company that denial me in April. Is that a good sign that there requesting another C&P exam?
@@lanzvong4540 Yes and no but it's going to depend on the doctors opinion. Did you get a copy of the last exam to see how the rational supported the opinion?
@@DewayneKimble Yes! I actually did get a copy of my last C&P exam. The examiner rational was it was due to BMI and weight gain. it was a "review of file" he called me and ask me my neck size and a couple of questions. They totally disregarded my personal NEXUS letter and went with the C&P examiner. So I thought to myself maybe if I get another Nexus letter from a different doctor it might help. If this fails, I really don't know what to do. BVA or HLR?
Hello I claimed migraines secondary to tinnitus the decision came back as “not service connected”. I never claimed migraines in the service but I been experiencing them with the ringing in my ears. Should I do a HLR and possible flip it?
Please explain to viewers who mail in there 21-0996 post marked the final 365 days will it be valid. When a claim is deferred one cannot file a higher level review? but can still submit new and relevant evidence.
Thanks for the question. Can you clarify what you are asking? Veterans have 365 days from the date of the notification letter to send in the VA Form 20-0996. A deferral is something the RVSR or VSR uses when an action is needed on a claim. I want to make sure I'm understanding you. Thanks again.
Dewayne Kimble What I mean by post marked mail example every year we file taxes on or before April 15th and if we mail our taxes out on April 15th it is not considered late just as long as you have it post marked that you sent it out on April 15th. Same example If I received my NOD effective date Feb 2, 2020 and go to the post office on Feb 2, 2021 and mail it by certified mail it will It not be late although the BVA Etc; have not yet received it, this is for people who are not computer savvy with sending documents through ebenefits or by fax.
Thanks for the question. My healthyvet is on the healthcare side and not the benefits side. You would have to contact the VAMC that wrote that in myhealtyvet. I'm not sure as I never worked on the healthcare side.
I was recently denied on a secondary claim, I submitted a higher level review.... I recently obtained new and relevant evidence (IMO) letter can I submit a supplemental claim even though I have a higher level review already submitted?
Dewayne Kimble hey. Sorry. It says closed notice for request 1. Closed notice for request 2 the next day. It’s in my va.gov portal. It’s under the gathering evidence step.
@@beaulong3270 I'm assuming that is through e--benefits. If so, I never followed e-benefits for my claim and I'm not familiar as to what "closed notice request" means.
@@beaulong3270 I thought I responded. I've only used ebenefits only a few times and not familiar with the wording. If it's gathering stage, it could be obtaining information, waiting on exams, medical records etc.
Thanks for the question. This question is on the VA Form 20-0996 and it ask if it's coming from an SOC/SSOC (which is a denial) in which a DRO will review your case.
@@DewayneKimble Can you explain further on this? Do you mean as in they denied your entire claim or didn’t grant you any percentage for a specific disability? Thanks ahead of time, working on my appeal as we speak
What if I did a higher level review but just reading reason today is because they can’t find in my service record something I had to request my records from the boat/ship I was on. I should did new claim ? And addded that because I don’t remember date and they said they couldn’t find ...... so what do I do ? Yes I see I need a copy my C&P exam
If you had a C & P exam for the condition claimed, it would give the medical opinion and rational. Some RVSR's put the medical opinion in the rating decision.
@@DewayneKimble i had one even he put severity and service connection but they still denied saying they can’t find in my service record I went mental health so I’m on a mission to locate my record that I can’t find thru mil connect. I just ordered record hopefully comes in time so I can try to locate when I went mental. I just put in higher level review but has I watch vids I only see that issues I ha e find where in record and I need get nexus letter ..... I was just confused because C&P was favorable I have Kay statements and a hand written doc note physiologist. I may lose again even tho I have all items besides Those two . Can I call your toll free number ?
@@DewayneKimble I had a knee replacement done the first of the year they only gave me three months 100% not 13 months for the replacement so I did a higher level review on 8/4/20 it was closed now it says compensation issue under status
T/F "IF, a disabled veteran ON SSDI, (considered 'totally and permanently disabled'/ due to inability to attain and maintain employment mentioned) applies for IU, effective date, based upon SSA findings (aged 49-56), should (meaning IS IT 'REQUIRED') THE VA 'automatically', use the SSA records OR is my 'current' VA representative 'negligent' for NOT insuring the SSA records were used or even 'mentioned' in the HLR process for -Compensation Issue"? FYI folks (paying 33% of ANY compensation VA standard is 20% for direct payment to VA representative) @t (f) Presumptions and discharge. (1) Fees which do not exceed 20 percent of any past-due benefits awarded as defined in paragraph (h)(3) of this section shall be presumed to be reasonable if the agent or attorney provided representation that continued through the date of the decision awarding benefits. Fees which exceed 33 1/3 percent of any past-due benefits awarded shall be presumed to be unreasonable. These presumptions may be rebutted through an examination of the factors in paragraph (e) of this section establishing that there is clear and convincing evidence that a fee which does not exceed 20 percent of any past-due benefits awarded is not reasonable or that a fee which exceeds 33 1/3 percent is reasonable in a specific circumstance
Never-mind, I just confirmed via Google it was top sheeting. I wasn't trying to be crass by asking. I was really trying to identify what the internal lingo was. Thank you for your content!
@@DewayneKimble I had a bad teleconference video C&P exam on Friday 11/20/2020 for non combat PTSD. I called the 1- 800 827-1000 to have them notate my concern I also called the White House hotline and the VES who she is contracted with by the VA. Before my PTSD evaluation I tried to find the Doctors rating review online and there was none I later learned that she have been a C&P Examiner from 0-1 years and Psychologist for 6 that didn’t matter, my chief complaint was that she took it upon herself to tell me how the C&P exam process works and at her conclusion she will send her report the VA for review I know that is common practice with all my C&P exams. Without going into details I answered all of her questions respectfully and in good faith. During the exam I heard noise in the back ground, she told me that she was going to step away for a while and paused the video for several minutes and when she returned she told me that she had reviewed my medical records and do not believe my PTSD was service connected that I may have anxiety but did not elaborate on it, she advised me to get another C& P Examiner (Doctor) if I’d like. I called the VES and told them they returned my call and said I had every right to complain because she wasn’t supposed to reveal her evaluation decision with regard to my PTSD and advise me to seek another Doctor. I am awaiting the decision from the VA in the coming days/weeks. I will have two options if I get a notice of disagreement I can file another supplemental with new and relevant evidence or file a higher level review? I found a member of my platoon who graduated from boot camp with me a retired SSGT who wrote me a buddy letter a few days before the review, he confirmed the Marine Corps abuse in 1977 of non swimmers who were ordered to jump from a tower into the swimming pool and confirmed the suicide attempt of a Black Marine recruit who jumped from a two story window of our receiving barracks.
Thank you Mr. Kimble for this video! You are a man of your word and the only true "Insider"!
Thanks for the kind words and positive feedback. I will be posting more videos on the VA claims process.
Thank you for your service and your care for our veterans
Thanks for the feedback and it's my mission to educate veterans.
Very good video Mr. Kimble. This video was very informative and covering all the bases. Mr. Kimble sometimes in the near future can you do a video on special monthly compensation? I noticed a lot of people have a lot of questions about that on this site and others and we would very much appreciate it if you can explain it to us and tell us the ins and outs and how to go about it if we qualify. Thank you again and continue helping us veterans we appreciate it.
Thanks for the feedback and I will make that my next video. Thanks for the suggestion.
I suggest to prepare and submit a Statement in Lieu of an informal conference as the alternative permitted choice. That way one can methodically point out the errors and points of law in the unfavorable rating decision without being rushed over the phone.
You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
This should be modified for more than HLR - and then - be given to everyone during their retirement out process. Just the portion of gathering evidence and keeping it is so important. I am in the process now "CCK handling it" I would be glad to share my info with you when this is done. Your video is really great.
Thanks for the feedback. We would glad to hear your story and good luck with your claim. Stay vigilant.
Have you provided the result of your process? How did it go?
I did a higher level review on my 30% PTSD award. The lady from the VA that called was very nice and bumped me to 70%. I keep copies of everything.
Thanks for the feedback and congrats on obtaining a higher evaluation.
What do they ask ?
@@prdeacon974 Really not very much. She had read a letter from my VA Doctor and thought I was correct. She didn't say what my rating would be but it showed up not long after. Very informal.
Was the letter part of your original claim? Or did your Dr give it to you later? Thanks.
@@Tyzok_ It was before the original award.
I just had one, last week, for Sleep Apnea, GERD and PTSD. And, I just read my notes that I created about my claims to. I then answered one or two questions. Afterward, He stated that my claim for GERD was mishandled and also stated that he could see that I complained of stomach ailments while in the military. So, he was sending g it back to the examiner. On the other two claims, he is going to request evidence from my records and have the examiners do a second review. I don't know what all that means, nor do I know if I've conveyed everything from our HLV, correctly. But, my VSO says that it was very positive.
Wishing you much success with your claim. Let us know how it turns out.
Doing a HLR for Pes Planus awarded 0%.
Bilateral Conjunctivitis- Not service related. Had a C&P exam and was canceled because of Coronavirus. They later said a DBQ MUCS which aI have no idea what it is. I'm interested in using your company services.
Thank you for your service and you can contact me at 855-765-3137.
This is great information and all military veterans should view it
Thanks for the feedback.
Mr. Kimble, thank you for your very informative and unbiased videos! Question: anyway you could do a video on SMC, the levels and from a raters perspective how it is done? I received Thanks in advance!
Thanks for the suggestion. Someone has asked me to do a video on SMC and I will make that my next video.
My depression claim was denied service connection, stating that I never sought mental health treatment in the military.
But when I did my fully developed claim, I included my tricare online patient portal history showing my intake into mental Heath in service.
Seems like they didn’t even look at what I submitted.
That could be the case, some examiners have stated they looked at the records and there is no mention when there is clearly documented treatment. Thanks for sharing.
Hi , can you speak on pension for surviving spouses? Because of us may need aid and attendance yourself. Thank you.
That would be a long video. Have you went to the M21 and looked at A & A/pension for spouses?
When I did my HLR on PTSD, it was LHI that messed up. Their PTSD exam did not cover anything related to my time in service. They asked about my personal history. So, the DRO set me up a secondary C&P exam with another provider. This time he (secondary doctor) had reviewed my file and asked me three questions. A month later, I went from denied to 70% PTSD.
Can you just request the C&P exams from the VA that were completed from third party contractors? I have everything else.
I responded to your email. Yes you can, but they may send you everything.
@@DewayneKimble who reviews 0995’s? DRO’s or RVSR’s.
@@michaelwalker2091 When I was there and what I understand now, it's the RVSR.
What if the VA missed a diagnosis and test procedure (I.e. Hiatal Hernia and diagnosis of Gerds before discharged in a EGD) done in your service record, which lead to them not service connecting the condition? I have a copy of that page, am I allowed to send that in for reference in the HLR since the military service record is something VA should have a copy of from doing BBD claims upon separation years ago? Thanks in advance, enjoy the knowledge you spread in your videos.
All evidence would have to be reviewed.
I file for a higher-level review in February I'm still waiting for my phone call. I filed for a copy of my c&p exam done by a contractor. Still waiting ..
COVID slowed claims down to a crawl. My initial claim was denied in January. I filed my HLR a week later and I just got my HLR call last week. It will take about 5 months.
Mr. Kimble, you mentioned on one of your videos that VA wants to remove the veteran service representatives (VSRs) at the regional offices. As you know the VSRs have or had 48 hours to review new rating decisions on behalf of their clients. The change was scheduled to take place on April 24, 2020 and do you know if this change took place?
Thanks for the question. It's the VSO's Veteran Service Officers and the last time I checked, they used to have 48 hours to review the rating but that is no longer to my understanding.
@@DewayneKimble Thanks!
Great information. If a VSR makes a mistake in terms of the advice given to a veteran, does the vet have any recourse to appeal a closed claim based off erroneous information from a Veteran Service Representative?
Do you mean VSR or VSO? The HLR is most likely based on information in the file.
@@DewayneKimble His AMVETS representative .
@@craigw23cn Ok, so the HLR is most likely based on the information in the file and not what the VSO states. Hope this helps.
@@DewayneKimble I understand. These service organizations are supposed to help veterans... not me them over. I guess there is no accountability. Aside from my dad, I wonder how many other vets were hurt by irresponsible reps.
@@craigw23cn Sorry that happened, be on the look out for more of my educational videos.
Great videoas always mr. Kimble. I had a couple of questions though. I just recently received service connection for unspecified depressive disorder at 30% through a high-level review. If I disagree with the rating percentage is my next step appealing to the board of veterans Appeals and showing evidence that my percentage should be higher? Or should I just file for an increase on unspecified depressive disorder? My next question is if I have recently been diagnosed with somatic symptom disorder, how should I file that since I'm already service-connected for mental health condition even though this is a different mental health condition? Would I file a supplemental claim since I know that the VA does not pyramid mental health conditions. Thanks for taking the time out to read my message.
Afternoon, let me fist say congratulations on obtaining the serivce connection. As to not leave a long response, can you give me a call to discuss? 855-765-3137
Thanks for the video, I will be contacting you ASAP, I cannot win on appeals and are semi successful of secondary.
Thanks for the feedback and look forward to speaking with you.
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!
Some VA employees are going overboard with some claims. Stay educated.
Dewayne, how can I get the form for Higher Level Review? Great video's, you are a great help!
Thanks for the feedback. You can go to the VA's website and do a search or use Google. Thanks again
Hey Dewayne I just got a 10 percent for
Man I wish I would of got with you on my claim
No worries, if you still have questions, please feel free to contact me. Thanks and enjoy your weekend.
Mr. Kimble,
Would you recommend a HLR or VBA direct review? I think the only difference is the 125 days vs 365. I just don’t want to waste anymore time!
I didn't have to go the BVA way. Make sure you educate yourself before submitting anything, that way you know what your options are depending on the outcome.
Dewayne Kimble I submitted a supplemental claim for sleep apnea. I got another nexus letter to support me claim plus a couple of buddy statements. Just called the VA today they are requesting another C&P exam thru VES which was the previous company that denial me in April. Is that a good sign that there requesting another C&P exam?
@@lanzvong4540 Yes and no but it's going to depend on the doctors opinion. Did you get a copy of the last exam to see how the rational supported the opinion?
@@DewayneKimble Yes! I actually did get a copy of my last C&P exam. The examiner rational was it was due to BMI and weight gain. it was a "review of file" he called me and ask me my neck size and a couple of questions. They totally disregarded my personal NEXUS letter and went with the C&P examiner. So I thought to myself maybe if I get another Nexus letter from a different doctor it might help. If this fails, I really don't know what to do. BVA or HLR?
Third party contractors say they cant share what they have with me XRays exam results etc… they said i have to get with the VA
That is correct.
Is it required for the 0996 form (line 21ABC) to be signed by a rep.?
It's noted in the 1st few pages of the document. It gives instructions for each section.
Hello I claimed migraines secondary to tinnitus the decision came back as “not service connected”. I never claimed migraines in the service but I been experiencing them with the ringing in my ears. Should I do a HLR and possible flip it?
Here is a video on HLR win/fail: ua-cam.com/video/dBM7-4RklGY/v-deo.html
Please explain to viewers who mail in there 21-0996 post marked the final 365 days will it be valid. When a claim is deferred one cannot file a higher level review? but can still submit new and relevant evidence.
Thanks for the question. Can you clarify what you are asking? Veterans have 365 days from the date of the notification letter to send in the VA Form 20-0996. A deferral is something the RVSR or VSR uses when an action is needed on a claim. I want to make sure I'm understanding you. Thanks again.
Dewayne Kimble
What I mean by post marked mail example every year we file taxes on or before April 15th and if we mail our taxes out on April 15th it is not considered late just as long as you have it post marked that you sent it out on April 15th. Same example If I received my NOD effective date Feb 2, 2020 and go to the post office on Feb 2, 2021 and mail it by certified mail it will It not be late although the BVA Etc; have not yet received it, this is for people who are not computer savvy with sending documents through ebenefits or by fax.
hello. myhealthevet website shows that i have a "claim for regulatory or procedural review"? is that the same things as an HLR ?
Thanks for the question. My healthyvet is on the healthcare side and not the benefits side. You would have to contact the VAMC that wrote that in myhealtyvet. I'm not sure as I never worked on the healthcare side.
Thank you Sir...for another very good video!
It's all good!
Very welcome
Nice video, do you assist vetes with their claims?
I educate veterans on the process only.
okay i need a step by step on how to request a copy of my c&p exam from ves where to find the form what goes in each block
Evening, I put how I received a copy of my VA claims folder in the descriptions of some of my recent UA-cam videos.
Hi there, my HLR closed on 3/30. I checked it again today and it said a new decision was made on 3/26. How did it change after it was closed?
Thanks for the questions, there could be many reasons as to why. I don't want to speculate on why it did as there could be several reasons.
I was recently denied on a secondary claim, I submitted a higher level review.... I recently obtained new and relevant evidence (IMO) letter can I submit a supplemental claim even though I have a higher level review already submitted?
www.kmd89.com/calendar
Thank you for a very informative video.
Glad it was helpful!
Can they lower my rating after an HLR?
Thanks for the question, It depends on if you have a C & P exam, if it shows improvement and how long the condition has been service connected.
What does closed request for 1 mean? I was contacted to get another c and p. I have been on disability for 4 years now and IU.
Thanks for the question. I've never seen that "closed request for 1" in a rating or other VA document. Where did you see that?
Dewayne Kimble hey. Sorry. It says closed notice for request 1. Closed notice for request 2 the next day. It’s in my va.gov portal. It’s under the gathering evidence step.
@@beaulong3270 I'm assuming that is through e--benefits. If so, I never followed e-benefits for my claim and I'm not familiar as to what "closed notice request" means.
@@beaulong3270 I thought I responded. I've only used ebenefits only a few times and not familiar with the wording. If it's gathering stage, it could be obtaining information, waiting on exams, medical records etc.
Dewayne Kimble you’re right. Just waiting on COVID regs to clear so I can get a face to face exam. Could be awhile.
Can you explain OPT-IN from SOC/SSOC
Thanks for the question. This question is on the VA Form 20-0996 and it ask if it's coming from an SOC/SSOC (which is a denial) in which a DRO will review your case.
@@DewayneKimble Can you explain further on this? Do you mean as in they denied your entire claim or didn’t grant you any percentage for a specific disability? Thanks ahead of time, working on my appeal as we speak
@@StephBeezy www.kmd89.com/classes and I will have more HLR video's coming soon.
Hi, I sent a comment last night and I don't see it today.
Wanted to make sure I was able to answer all your questions.
What if I did a higher level review but just reading reason today is because they can’t find in my service record something I had to request my records from the boat/ship I was on. I should did new claim ? And addded that because I don’t remember date and they said they couldn’t find ...... so what do I do ?
Yes I see I need a copy my C&P exam
If you had a C & P exam for the condition claimed, it would give the medical opinion and rational. Some RVSR's put the medical opinion in the rating decision.
@@DewayneKimble i had one even he put severity and service connection but they still denied saying they can’t find in my service record I went mental health so I’m on a mission to locate my record that I can’t find thru mil connect. I just ordered record hopefully comes in time so I can try to locate when I went mental. I just put in higher level review but has I watch vids I only see that issues I ha e find where in record and I need get nexus letter ..... I was just confused because C&P was favorable I have Kay statements and a hand written doc note physiologist. I may lose again even tho I have all items besides Those two . Can I call your toll free number ?
@@mokylarry1525 You can schedule a 15 minute consultation, we will discuss the educational services I provide.
@@DewayneKimble how I schedule
@@mokylarry1525 On my website, it's in the description section of this video.
What does this mean compensation issue After my high-level review was closed
I'm not understanding your question. Is that something in a rating decision or SSOC you received after submitting a higher level review?
@@DewayneKimble I had a knee replacement done the first of the year they only gave me three months 100% not 13 months for the replacement so I did a higher level review on 8/4/20 it was closed now it says compensation issue under status
T/F
"IF, a disabled veteran ON SSDI,
(considered 'totally and permanently disabled'/ due to inability to attain and maintain employment mentioned)
applies for IU, effective date, based upon SSA findings (aged 49-56), should (meaning IS IT 'REQUIRED') THE VA 'automatically', use the SSA records OR is my 'current' VA representative 'negligent' for NOT insuring the SSA records were used or even 'mentioned' in the HLR process for -Compensation Issue"?
FYI folks (paying 33% of ANY compensation VA standard is 20% for direct payment to VA representative)
@t
(f) Presumptions and discharge.
(1) Fees which do not exceed 20 percent of any past-due benefits awarded as defined in paragraph (h)(3) of this section shall be presumed to be reasonable if the agent or attorney provided representation that continued through the date of the decision awarding benefits.
Fees which exceed 33 1/3 percent of any past-due benefits awarded shall be presumed to be unreasonable.
These presumptions may be rebutted through an examination of the factors in paragraph (e) of this section establishing that there is clear and convincing evidence that a fee which does not exceed 20 percent of any past-due benefits awarded is not reasonable or that a fee which exceeds 33 1/3 percent is reasonable in a specific circumstance
I'm not familiar with the requirements of SSD or SSI.
good video
Thanks for the feedback.
Did you say top sheeting or top shitting?
Never-mind, I just confirmed via Google it was top sheeting. I wasn't trying to be crass by asking. I was really trying to identify what the internal lingo was. Thank you for your content!
Sorry for the confusion and thanks for the feedback.
Can I submit a higher level review if a C&P examiner report was unfavorable.
What would be your basis? Actual facts?
@@DewayneKimble
I had a bad teleconference video C&P exam on Friday 11/20/2020 for non combat PTSD. I called the 1- 800 827-1000 to have them notate my concern I also called the White House hotline and the VES who she is contracted with by the VA. Before my PTSD evaluation I tried to find the Doctors rating review online and there was none I later learned that she have been a C&P Examiner from 0-1 years and Psychologist for 6 that didn’t matter, my chief complaint was that she took it upon herself to tell me how the C&P exam process works and at her conclusion she will send her report the VA for review I know that is common practice with all my C&P exams. Without going into details I answered all of her questions respectfully and in good faith. During the exam I heard noise in the back ground, she told me that she was going to step away for a while and paused the video for several minutes and when she returned she told me that she had reviewed my medical records and do not believe my PTSD was service connected that I may have anxiety but did not elaborate on it, she advised me to get another C& P Examiner (Doctor) if I’d like.
I called the VES and told them they returned my call and said I had every right to complain because she wasn’t supposed to reveal her evaluation decision with regard to my PTSD and advise me to seek another Doctor. I am awaiting the decision from the VA in the coming days/weeks. I will have two options if I get a notice of disagreement I can file another supplemental with new and relevant evidence or file a higher level review? I found a member of my platoon who graduated from boot camp with me a retired SSGT who wrote me a buddy letter a few days before the review, he confirmed the Marine Corps abuse in 1977 of non swimmers who were ordered to jump from a tower into the swimming pool and confirmed the suicide attempt of a Black Marine recruit who jumped from a two story window of our receiving barracks.