I am going through the MEB process, there were a couple of claims I left off my VA claim and other things I found out later I could claim. At what point can I submit additional claims for the VA to evaluate? After the IDES process or during one of the appeal periods?
When can I add additional claims to VA claim?
- Thread starter shawn488
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I called the VA MSC and he stated I could after I got out. It could have been the "I don't want extra work" answer. I may go to another VA rep or DAV and see if I can add the stuff I forgot also.
Hmm, it depends on your specific situation and your urgency to rectify any potential injustice while still a service member within the U.S. military in my opinion!
As such, basically, the addition of any medical conditions can occur while still in the DoD IDES via the MEB/PEB appeal processes, by submitting a VA claim via the MSC prior to your official placement onto the DoD military disability retirement list (whether permanent or temporary) or official departure due to military disability separation with severance pay, and as a military veteran preferably within one year to maintain/secure a military service connection determination for any medical condition(s)!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!
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I hope it works out better for you than me, I've been trying to do that through the whole process and my MSC said he submitted up my form that I sent after my C&P exams didn't cover what he assumed they would. I'm past MEB and into PEB now and still haven't gotten another C&P appointment so at this point I'm thinking I'll end up having to appeal after the fact because my MEB appeal went nowhere and it seems appealing to have it done during the PEB will be another waste of time since they have no interest in getting things right during this process and want to pass it off to the VA anyway.
Indeed, it may seem to be the case or may appear to be a trend while in the DoD IDES unfortunately!
In my opinion, I would strongly suggest that you implement your official right to request a PEB appeal opportunity at this point!
By doing so, you shall force the review of any/all medical issue(s) in question by not defaulting acceptance to any injustices while in the DoD IDES.
As such, fight then continue to fight some more until receipt of your desired DoD IDES outcome(s) supportable via medical evidence and/or medical documentation!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!
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There is no limitation on filling a claim. It can happen up until the day you are dead. Heck, it can happen past that. If you want it to be part of the MEB process, it should happen during the NARSUM review.
The problem is the relationship of the VA claim to the MEB process. Anytime you submit a new claim its added to your existing claim and basically reboots the process. This will slow down the MEB and too many people are under the gun to improve timelines. They probably won't help you.
You don't need anymore to submit a claim for you. You can just send the info about your claim up to the VA. I would probably upload the evidence to ebenefits, some recommend certified mail, as ebenefits is hard to trust. The raters the VA use for the IDES process are more focused/trained on getting things decided in a decent amount of time than fully developing all the subtleties on your claim. I wouldn't be too surprised if additional claims added on are not dealt with elegantly and you end up needing to file again or file a NOD after you're out.
Unless you want these conditions to also be considered unfit. At which point you may have additional issues. Talk to a MEB lawyer? Kinda depends on where you are in the process, which isn't clear. It kinda sounds like you are still pre-NARSUM, which makes things easier.
The problem is the relationship of the VA claim to the MEB process. Anytime you submit a new claim its added to your existing claim and basically reboots the process. This will slow down the MEB and too many people are under the gun to improve timelines. They probably won't help you.
You don't need anymore to submit a claim for you. You can just send the info about your claim up to the VA. I would probably upload the evidence to ebenefits, some recommend certified mail, as ebenefits is hard to trust. The raters the VA use for the IDES process are more focused/trained on getting things decided in a decent amount of time than fully developing all the subtleties on your claim. I wouldn't be too surprised if additional claims added on are not dealt with elegantly and you end up needing to file again or file a NOD after you're out.
Unless you want these conditions to also be considered unfit. At which point you may have additional issues. Talk to a MEB lawyer? Kinda depends on where you are in the process, which isn't clear. It kinda sounds like you are still pre-NARSUM, which makes things easier.
Thank you ScoutCC I will be at the IDES office to try to get the items omitted listed, either way. DES attorney, or make the VA MSC do it. Either way I'm two weeks into the 100 day timeline, I don't see why it's even an issue this early on.
Would one use this form to add conditions onto the claim? http://www.vba.va.gov/pubs/forms/VBA-21-526b-ARE.pdf
Is opening another claim okay if your MSC is unwilling to do it?
Could you go to another VA rep or VSO?
Is opening another claim okay if your MSC is unwilling to do it?
Could you go to another VA rep or VSO?
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It can be difficult, if not impossible, to add a purely VA claim "late in the game." However, if you can show that the condition is unfitting, then the PEB will refer the condition back to the VA for rating (thus addressing the issue). If it is not important or relevant for PEB/DoD purposes, just file for a new condition once you are retired/separated. In that case, it won't lessen your ultimate compensation.
Best of luck!
Best of luck!
So if I'm only two weeks into the 100 day MEB phase, their unwillingness to help seems unreasonable?
This seems to be another area where my PEBLO is either misinformed or lazy. The VA form listing my conditions stated I had Diabetes. When I told the base VA rep I needed it to state Type 1 Diabetes, he told me this would be a terrible idea, and I would get 0 compensation, because "Type 1 Diabetes only happens to kids." I did get set up with the C&P appointments in my signature, but the PEBLO keeps telling me that the lower back pain and other random claims will be checked out at my final appointment. They also set me up with an audiology exam, but would not add tinnitus to the VA form.
I was thinking about VA form 21-526b "Veteran's Supplemental Claim for Compensation" into Ebenefits with the IDES case number on it. Any thoughts/recommendations on this method?
I just went through the VA ebenefits portal and filed an additional 6 claims. I never got a clear answer back from my PEBLO and my VA rep just never responded to me. I figure this why, it will eventually trickle down to them. I don't really care if it pisses them off or not. Its better to get everything done while in the IDES process because after that they could careless about you from what I have seen and read.
I couldn't agree more. Maybe they'll make us sign something in the future since saying not to do so. Ebenefits is fairly new, along with the do-it-yourself option. I'd rather get it in now and have a solid rating at discharge than waiting up to a year post-discharge.
I was told the C&P's could cover it, but the thing we've all learned dealing with the gov't, if it's not in writing it doesn't matter. Hence putting claims in the system = they will be considered. Not in the system, probably not looked at.
I was told the C&P's could cover it, but the thing we've all learned dealing with the gov't, if it's not in writing it doesn't matter. Hence putting claims in the system = they will be considered. Not in the system, probably not looked at.
I'll breifly tell my story. It is possible to get a condition added, but very difficult and unlikely for most cases. Mine was a case where I was MEB boarded for what at the time was an undiagnosed movement disorder.. Heading into the MEB undiagnosed is a very bad place to start from, no way whatsoever to war game what you think the potential outcome could be. I had a very complicated case where I had seen 9 neurologists, including mayo clinic and Walter Reed, with most scratching their heads. Opinions ranged from "I think you have ALS" all the way to "its all in your head". The initial VA CP examiner saw my 500 plus pages of convoluted medical records, which were only 2.5 years worth (I had less than ten pages of medical records in my first 14 years service), and she immediately jumped onto a diagnosis of somatoform disorder. That was fine with the Army but I disagreed. The VA optometrist CP examiner diagnosed me with convergence insufficiency, and told me "go see a Neuro-opthalmologist to rule out Myasthenia Gravis". So off I went to get a tricare referral to a Neuro opthalmologist (only three in the state of Nebraska) and was immediately diagnosed with generalized seronegative myasthenia gravis.... So this was a week before my FPEB and I tried to get the peb to remand my case back to the mtf to change diagnosis.... No luck, they stuck me with somatoform and sent me on my way. So I got ahold of a senior VA persons email address here on this board (Debi Bevins) and politely emailed her about my misdiagnosis..... On a Friday afternoon.. I got a call at 0900 the following Monday from a VBA guy in Seattle asking how he could help me. He ordered new VA exams while the peb submitted my VARR. I also went on my own and got a pulmonary test (because MG was starting to affect my breathing), another trip to mayo clinic on my own, second opinion by another Neuro opthalmologist, and went to the VA second set of psych and gen med CP exams. Now the PEB remanded my case back to the MTF because the VA dropped the misdiagnosis of somatoform and confirmed the new diagnosis of myasthenia gravis. New 3947 with systemic myasthenia gravis listed as failing retention standards sent back to the peb.
I have an extremely unique case and was able to prove the original VA CP examiner had misdiagnosed me. Had anything been different, I doubt anything would have changed. Had I not reached out to a VA executive, the new set of CP exams would never have been ordered. Had I not, on numerous occasions, bugged, badgered, and made a pain of myself to various clinics and doctors requesting appointments, referrals, reports, notes and letters, my original misdiagnosis never would have changed. One guy on here I think his name is Floridainjuredcombat said it very well " keep on telling them the truth repeatedly and submit more and more evidence of the truth and eventually it will drive the right outcome" not his exact words, but something to that effect. You can to a degree drive your outcome, but you need to start early, learn fast, document as much as you can, get second and third opinions even if they tell you don't bother with it... Be a go getter, a self advocate! I was and always have been very polite, truthful, and eager to dig into my now 600 pages of records and pull out the golden nuggets to show the docs what they need to see. I still don't know what the end result will be but I should hear from the peb in about a week. I'll likely do another VARR as the second VA CP examiner did not opine at all on the pulmonary test (which was very bad, pulmonary examiner compared me to someone with severe restrictive lung disease) and thus the rater failed to rate anything pulmonary. That and I think I have strong evidence to support an increase from 50 up to 70% on the mental health side.
I have an extremely unique case and was able to prove the original VA CP examiner had misdiagnosed me. Had anything been different, I doubt anything would have changed. Had I not reached out to a VA executive, the new set of CP exams would never have been ordered. Had I not, on numerous occasions, bugged, badgered, and made a pain of myself to various clinics and doctors requesting appointments, referrals, reports, notes and letters, my original misdiagnosis never would have changed. One guy on here I think his name is Floridainjuredcombat said it very well " keep on telling them the truth repeatedly and submit more and more evidence of the truth and eventually it will drive the right outcome" not his exact words, but something to that effect. You can to a degree drive your outcome, but you need to start early, learn fast, document as much as you can, get second and third opinions even if they tell you don't bother with it... Be a go getter, a self advocate! I was and always have been very polite, truthful, and eager to dig into my now 600 pages of records and pull out the golden nuggets to show the docs what they need to see. I still don't know what the end result will be but I should hear from the peb in about a week. I'll likely do another VARR as the second VA CP examiner did not opine at all on the pulmonary test (which was very bad, pulmonary examiner compared me to someone with severe restrictive lung disease) and thus the rater failed to rate anything pulmonary. That and I think I have strong evidence to support an increase from 50 up to 70% on the mental health side.
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If you do decide to add onto your claim on ebenefits the date of the claim will become the day after your anticipated EAS. So I wish I would have know this prior to "signing." I hope this helps you with your case or what to do next.
How did the 6 claims go along with your MEB? I'm in the same boat and I added 3 new claims to my MEB. My PEBLO told me not to do it and it would just extend my MEB timeline, but I don't care or trust them at all anymore.
Hello! When you first get to MEB the VA rep should have done the WHOLE claim with you. You should be able to still do the claim with a different VA rep if yours isnt repsonding.