VA proposed ratings appeal

[Coldamsi]

Hello! I am Army Active Duty and in IDES process.
I received my DA 199 (haven`t talked to legal or signed anything yet) and proposed ratings from VA and 7 conditions that I claimed are not rated and it says:
"Your service treatment records do not contain complaints, treatment or diagnosis for this condition.", which is not true and I was able to download a clinic notes just from MHS patient portal related to all not rated conditions; even in the really beginning C&P exam was performed BAD and I summited "Statement in support of claim" to the VA with an explanations what was done wrong and requesting a new C&P exam (without any outcome). Also I am still in service and keep resaving treatment and have new evidence not considered by the VA.
What can I do about my claim at this stage? Can I appeal proposed ratings somehow? Can final ratings be different than proposed ratings? Should/Can I open a new claim since I am less than 180 and more than 90 days away from my ETS date (BDD program ), if not considering IDES process. Can I submit new evidence somehow in this stage(like supplemental claim or something)? I would like any help and advices about my next course of action

 

[rddouglas1213]

Do you have a PEBLO assigned? Do you have an MSC for the VA assigned? You should contact them right away, to make sure they know something is up.

After you talk to them, you should probably upload any relevant medical evidence the VA says is missing to VA.GOV under your claim.

You could also try calling the VA benefits helpdesk at (800) 827-1000. Their hours are mon - fri, 8:00 a.m. to 9:00 p.m. ET

If you did all of that and none of it bears fruit, I'd consider starting a congressional, especially if you have medical evidence for conditions they're telling you they have no medical evidence on and the VA refuses to acknowledge it.

Not meant to be an all-inclusive answer, just a start to point you in the right direction.

But honestly, I'd start with contacting your PEBLO and uploading any medical evidence you have that the VA says is missing.

Hope that helps.

 

[Provis]

Do you have a PEBLO assigned? Do you have an MSC for the VA assigned? You should contact them right away, to make sure they know something is up.

After you talk to them, you should probably upload any relevant medical evidence the VA says is missing to VA.GOV under your claim.

You could also try calling the VA benefits helpdesk at (800) 827-1000. Their hours are mon - fri, 8:00 a.m. to 9:00 p.m. ET

If you did all of that and none of it bears fruit, I'd consider starting a congressional, especially if you have medical evidence for conditions they're telling you they have no medical evidence on and the VA refuses to acknowledge it.

Not meant to be an all-inclusive answer, just a start to point you in the right direction.

But honestly, I'd start with contacting your PEBLO and uploading any medical evidence you have that the VA says is missing.

Hope that helps.

If those 7 conditions are not any of the unfitting conditions there isn't much you can do now. However, once you get out you can submit a supplemental appeal.

 

[Coldamsi]

Do you have a PEBLO assigned? Do you have an MSC for the VA assigned? You should contact them right away, to make sure they know something is up.

After you talk to them, you should probably upload any relevant medical evidence the VA says is missing to VA.GOV under your claim.

You could also try calling the VA benefits helpdesk at (800) 827-1000. Their hours are mon - fri, 8:00 a.m. to 9:00 p.m. ET

If you did all of that and none of it bears fruit, I'd consider starting a congressional, especially if you have medical evidence for conditions they're telling you they have no medical evidence on and the VA refuses to acknowledge it.

Not meant to be an all-inclusive answer, just a start to point you in the right direction.

But honestly, I'd start with contacting your PEBLO and uploading any medical evidence you have that the VA says is missing.

Hope that helps.

PEBLO told that there is nothing I can do now and I need to wait until I am out and appeal VA decision, I am trying to catch my MSC to ask him, but he is as my PEBLO ... kind of a character and so far no luck. I can`t see my claim (have never been able to see it since MSC summited it) on neither VA website nor ebenefits, for a past 4 months I was calling (800) 827-1000 and bunch of other numbers such as a help desk etc. trying at least to fix this part, that I would be able to upload evidences, but no luck with this as well. Thank you

If those 7 conditions are not any of the unfitting conditions there isn't much you can do now. However, once you get out you can submit a supplemental appeal.

Yes, unfitting condition rated properly and I have no issues with it, thinking about trying to submitting BDD claim, but not sure if I am eligible since I am in IDES process. Thank you

 

[Provis]

PEBLO told that there is nothing I can do now and I need to wait until I am out and appeal VA decision, I am trying to catch my MSC to ask him, but he is as my PEBLO ... kind of a character and so far no luck. I can`t see my claim (have never been able to see it since MSC summited it) on neither VA website nor ebenefits, for a past 4 months I was calling (800) 827-1000 and bunch of other numbers such as a help desk etc. trying at least to fix this part, that I would be able to upload evidences, but no luck with this as well. Thank you

Yes, unfitting condition rated properly and I have no issues with it, thinking about trying to submitting BDD claim, but not sure if I am eligible since I am in IDES process. Thank you

You can do a BDD claim but would need to be for new conditions and not ones already done through IDES. My wife forgot to add some during IDES and did BDD and they got added with the same effective date of the day after her medical retirement.

 

[Coldamsi]

You can do a BDD claim but would need to be for new conditions and not ones already done through IDES. My wife forgot to add some during IDES and did BDD and they got added with the same effective date of the day after her medical retirement.

What about a supplemental claim, if you know? I read on VA website:

"In order to file a Supplemental Claim, you must add evidence that is new (or not provided to VA previously) and relevant to your case. You can file a Supplemental Claim anytime, but we recommend you file within one year from the date on your decision letter."

The most concerning part is that there is no final decision since I am still in service, but on the other hand the claim is closed and I am not able to add any new evidence in support of claimed conditions.

 

[Provis]

What about a supplemental claim, if you know? I read on VA website:

"In order to file a Supplemental Claim, you must add evidence that is new (or not provided to VA previously) and relevant to your case. You can file a Supplemental Claim anytime, but we recommend you file within one year from the date on your decision letter."

The most concerning part is that there is no final decision since I am still in service, but on the other hand the claim is closed and I am not able to add any new evidence in support of claimed conditions.

All this stuff is for when your claim is finalized. You need to wait unit you get out. You can't do anything while still in service since all the VA ratings are proposed and not final yet.