Once again, we examine the minutiae of the VA and the ever evolving electronic frontier. Or if someone calls in with one of those “What if a Vet had a …. and then he came down with …..but he’d filed in __/__/____ and never appealed. So you could file a CUE on that, right? I love those Clue cards like the candlestick, Professor Plum and the Library. Every Picture Tells a Story, Don’t It? Jerrel Cook will be my host and John is running a control booth in another state.
Imagine if VA employed our crude assets. They might become efficient and decrease their error rates to less than 12% – all in less than 125 days. With Unicorns frolicking in the fields, too.
Call in number for this show is:
I have a great email from one CF asking about the new world order of VBMS -how to properly open, or for that matter, reopen- a claim for TBI and who knew what about VAF 21-4138s versus 21-526EZs and when they knew it…
Need Advice about TBI Claim. 2009 filed a claim for TBI, denied due to unqualified physician doing exam. McDonald oks VA to revisit TBI claims. My VSO under the direction of the American legion submits my TBI on a 4138 on 9/21/2016 today 12/15/2016 it was closed because it was not on a 526 EZ. A 526 EZ is used to reopen a claim with new evidence. New evidence does not exist, they are suppose to reexamine my TBI claim from 2009 and offer another examination. What should I do. Is the only option to file a 526 EZ and start all over again. If this is the only way then the VA is manipulating claim times, because they waiting almost 90 days to tell me it was on the wrong form
I have another Vet, someone you all know if you have been following me and my representation of him. Butch’s claim is being hammered by a GS-13 five step babe I’ve had a lot of dealings with. Old Cheryll-anne is a standard M-21 brainwashed gal who can’t see outside her VA fish bowl without three more signatures. Fear of failure and the vapors tend to make you a “corporate thinker” who neeeeever goes off the reservation. She’s now a Coach on the Special Operations Lane and has no Christmas cheer. She, too, is demanding this 21-526EZ talisman saying VBASEAT has no authority to “open” a new claim for Butch’s TBI-even though—-eeeeeeven though— we submitted 3.156(c)(1)(i) evidence in with the NOD on the approved 21-0958 that permits reopening de novo the April 1970 claim. What 526EZ? Hello? Go back to the 26-page VAF 21-526 filed at that time (April 1970). Review the C&P exams to discover informal claims secondary to SC injuries. How about the 1970 x rays? [Oops. We forgot] Where’s the required neuro workup by a neurologist to determine the severity of brain damage? [We forgot that, too]
Anyone can see what’s coming. This will give them another two year breather to a DRO hearing/Review.
“We have established service connection for your Traumatic Brain Injury and are awarding 30% for it effective December 14th, 2016 when you filed for it. This is the earliest date shown where you suffered from this illness. We cannot grant your TBI claim back to 1970 because you did not claim TBI in 1970.”