Did The VA Rater Even Bother To Review Your VA Claim Evidence?

[@DewayneKimble]

😡Don't let the VA claim process stress you out! 😊Check out our VA Educational services on our website: www.kmd89.com/ 📚"Don't be frustrated, get EDUCATED" 📖 You can obtain a copy of my new book "VA Claims Success" by clicking this link: store.kmd89.com/

[@StevenRAssmann-tb7ty]

Just because they list things as evidence reviewed doesn’t mean that they read them. I filed a HLR and the HLR failed to overturn the decision, she even claimed the C&P exam was face to face. Had she read their own documents (DBQ) she would have known that it was a telephone interview.

[@joeb.8625]

Exactly I supplied a diagnosis of Prostate cancer in my medical records and when I got denial of not service connected it said I had no diagnosis. I’m getting my supplemental ready!

[@DewayneKimble]

That is true. What is the next move. How do you get them to look at it. Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim 12 hour live stream marathon. Are you ready to be part of this epic journey? Be our guest, submit your questions, and let's see if we can hit that 1000 mark together! 🎯✨ forms.gle/rfvMGQgaCnnmJF9g7 Each quest will have 15 minutes.

[@classifiedsincebirth]

Why is there an Appeals process or HLR or Supplemental claim? Can you explain why there are these recourses? Oh, because it wasn't decided properly initially...can you explain why?

[@classifiedsincebirth]

@@P47W sorry brother, you're right. I do hold rater to a higher standard and maybe I shouldn't, but Me, like many other disabled vets are very frustrated by the process, and have to rely on the years long appeals process to correct a rating decision....very frustrating

[@BillyDailey]

@DewayneKible, i filed an online HLR, then seen your video. I noticed the 0996 form has some blocks to explain the errors that were not on the online version. Is it ok to quicksubmit that form even though i already did the online submission?

[@bamablk79]

My rater did not, and I called them out on what they didn’t put and what they did put (which were lies) during my HLR. Thanks to KMD89 I had the confidence to go to battle for what I deserve.

[@DewayneKimble]

Never give up. Stay ready so you don't have to get ready. The VA regulation is on your side. thanks for sharing. Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim 12 hour live stream marathon. Are you ready to be part of this epic journey? Be our guest, submit your questions, and let's see if we can hit that 1000 mark together! 🎯✨ forms.gle/rfvMGQgaCnnmJF9g7 Each quest will have 15 minutes.

[@T-Sim]

They didn’t list some of my evidence on my denial. Completed a 4138 as my informal conference for my HLR and noted missed evidence , decisions were then reversed in my favor. Your guidance helped me on the appeal.

[@Twisted-L]

i did the same thing and they told me 4138 attached to my HLR was not reviewed because new evidence is not allowed in HLR. they pick and choose when to follow the law, 4138's are the only thing allowed in HLR

[@T-Sim]

@@Twisted-L I didn’t include new evidence like symptoms etc….. all I did was explain I was using for my informal conference and sited law and evidence submitted that wasn’t list as being looked at. So yes, yours sounds fishy them not looking at it.

[@Twisted-L]

@@T-Sim i know i did too, i stated that i did not believe that all my evidence was reviewed as well as Effective dates accuracy check, then the letter said it did not consider it, and they didnt even mention the effective dates or checking the accuracy there of.

[@T-Sim]

@@Twisted-L yes that sucks, cause no HLR of a HLR

[@Twisted-L]

@@T-Sim i know! lmao! i need to read up on what my options are now, i know supplemental is one of them but im sure it goes much deeper than just filing new evidence and a supple.

[@1stnamebr406]

I'm 100% P/T, but still sharing. For my PTSD increase, the VA said there was no PTSD diagnosis on my DBQ. It was there 3 times, along with the report.. For my Back supplemental claim, the VA said they couldn't find a link, but favorable findings said they see I made back complaints in the Army. ...I had current diagnosis, nexus statement, by two orthopedics, A1 DBQ with the diagnostic codes and service treatment records of back complaints on active duty......DENIED.

[@DewayneKimble]

Thanks for sharing. Never give up and stay in the fight. Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim 12 hour live stream marathon. Are you ready to be part of this epic journey? Be our guest, submit your questions, and let's see if we can hit that 1000 mark together! 🎯✨ forms.gle/rfvMGQgaCnnmJF9g7 Each quest will have 15 minutes.

[@batteryknuckles6689]

Filed an apnea claim the VA. DBQ done by the VA doctors (in my VA records) clearly state apnea was caused by TERA. Still denied. HLR in progress. Thank you Mr Kimble for the information

[@DewayneKimble]

That’s crazy, they must have just brushed over it and then denied you! Hang in there, I am sure the HLR will come through. Stay in the fight and don't give up. Need a medical DBQ and nexus statement? Choose Axxess Medical Solutions, a veteran-owned business with a family legacy of military service. Their mission is to guide, assess, and direct you toward a positive outcome. Website: axxessmed.com/services/veteran-benefits

[@iofthelion]

Dewayne. I don't comment much on KZbin but this is outstanding! This is a real tool that I would never have thought of and you are the only one on KZbin that has talked about this. I won't my HLR from this KZbin post. Appreciated!

[@DewayneKimble]

Thanks for the support and sharing. If we can get other veterans to understand this, I think they would look at this process different. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/home-page-9675 Use code: VET50 to get 50% off each month (discount expires May 1st). 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/

[@quyenvong5334]

So, i submitted a Nexus And DBQs for my last set of claims. I was granted for mental health, but denied for migraines. I noticed in the evidence section of the rating decision they list the C&P examiners DBQs and medical opinions, but it only lists the DBQs I submitted, but not the Medical opinion I submitted. So I did exactly what you said. I called VERA and verified that it was submitted. So the rater didn’t even look at my submitted medical opinion, only the DBQs. I currently have a HLR in and waiting for my informal conference to hopefully get it granted. My argument is that the rater didn’t consider my private medical opinion from a MD (psychiatrist) that has wayyy more probative value than their NP that did the C&P.. they just want veterans to fight for their earned benefits! Thank you for all you do!

[@DewayneKimble]

If you had a DBQ, why go to the exam per 38CFR 3.326(b)(c). Upcoming Webinar "Get Educated On The VA Compensation Claim Process Webinar" (COUPON CODE: WIN10). August 13th - 14th 6-8PM EST: va.kmd89.com/win-your-va-claim Tired of getting denied and ready to WIN your VA compensation claim.

[@quyenvong5334]

It was an ACE exam, I didn’t even have a choice to go or not to go. UPDATE Last Friday I had my informal conference at 10am. I explained to the DRO that my Medical opinion was missed and that I believed that I should have been granted. Well, I just so happened to check the app at 5pm and guess what?!? She granted me 50% for migraines. Stating that my Private IMO was not considered in the last rating and that it was granted! Thank you!

[@bamahammer3660]

The VA Rater not only didn't review my evidence, but then they asked for the same evidence that had been uploaded and submitted several months earlier. I submitted and uploaded the same evidence three times and mailed the same evidence a fourth time. I also found out that a VA employee(s) physically deliberately modified some of my evidence to appear like one of my C&P exams that was done by my VA doctor appear like he was a private physician.There was so many red flag involving my claims that I decided to write two letters to VA senior level officials including one to the VA Director. I included covers letters, certified Quick Submit pages showing dates and time of submittal. In addition, I also included the Rating Decision Letter that was filled with errors showing the rater(s) didn't do their jobs. I also copied my State Senator on the cover letters. I sent the packages certified mail to Washington to make sure someone had to sign for delivery. The evidence I presented is overwhelming and well documented. I don't understand how the VA even allows their employees to sabotage veterans' claims so they can set them up to deny. This is why I have asked VA senior level officials to conduct an informal investigation review of my claims. I am not scared to fight or request VA high-level feedback. As a retired veteran, I should not have to fight the VA in order to assess my claims fairly.

[@DewayneKimble]

Sorry to hear that happened. Sounds like you on the right track and pushing back. Don't give up on your claim. Thanis for sharing. Do you want to be educated on the VA claims process, connect with us at www.kmd89.com "Don't Be Frustrated, Get Educated"

[@kishkin8743]

Did you read the supplemental development letter to see what they needed? Just sending in the same thing 3 times clearly didn't satisfy the deferral.

[@user-wl2ww4hd4g]

Your videos are outstanding. I just finished my HLR. Keep it simple to the point they did not review my IMO & Nexus Ltr. DTAV duty to assist the Veteran kicks in.

[@DewayneKimble]

Thanks for he support. Continue to get educated. Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim 12 hour live stream marathon. Are you ready to be part of this epic journey? Be our guest, submit your questions, and let's see if we can hit that 1000 mark together! 🎯✨ forms.gle/rfvMGQgaCnnmJF9g7 Each quest will have 15 minutes.

[@mikecude4167]

I filed claims on conditions listed in my service treatment records. I was denied with the sole reason being, "conditions are not contained in your service records"...clearly they did not look at my service records.

[@DewayneKimble]

The rater should have caught that and sent a 2507 medical request addendum. I have a video on my channel explaining 2507 medical request. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership

[@cidcampeador7922]

My nexus letter was submitted as part of my OSA claim and still…still…wasn’t considered as evidence since it wasn’t included in the evidence list. My VSO was fuming when he saw the examiner’s C&P notes and saw in my decision letter that my nexus wasn’t part of the evidence list. An HLR is in progress due to this.

[@DewayneKimble]

Good luck going forward with your claim. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership

[@ChiniYardman]

Hello. My C&P examiner doc said my migraines are less like cause from my connected tinnitus. I submitted a supplement/Nexus from my migraine treatment doc that connected the migraine to my connected degenerative disc. Did a ACE and the doc said less likely and used the rational of "doesn't meet primary etiology of migraine headache in the medical literature" the VA sent it back to VES for rework and for the doc to explain what he meant and provide citings/evidence used. It been with VES QA for 2 months now. My question is, both completed DBQ by the C&P eximiner meet the 50% rating but, their opinion is less likely. Not sure if the C&P examiner for the ACE reviewed the citing by my migraine treatment doc. The C&P doc is a cardiologist i believe, If the VA denies my claim based on the C&P doc opinion and not take into account my treatment physician's Nexus, What appeal do I have, HLR(how do i show that my nexus was valid?) OR to the courts?

[@DewayneKimble]

Get a copy of the ACE exam to see if the examiner stated they reviewed the evidence. The rater should have stated why the based their decision on the evidence. In the notification letter you received it gives you the options. Also, after you received your entire claims folder, reviewing all the evidence, which VA regulation did the rater violate. That would be the argument on the HLR or at BVA. Do you want to be educated on the VA claims process, connect with us at www.kmd89.com "Don't Be Frustrated, Get Educated"

[@louisstewart8729]

If you show your STR's and MTR's at a Higher Level Review that was not used in earlier claim AND GIVEN A RATING would this constitute your earlier claim for benefits which was denied. Can this be a CUE or a DTA ERROR for an earlier date

[@DewayneKimble]

It could be but it would be based on the evidence in the file. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership

[@Robbie28]

I had an appeal and the VA rater said there was no evidence in my med record to support my claim. I had Lawyer'ed up and very glad i did. They found multiple instances throughout my med records to support my claim easily and judge said "oh, ok we need to get everything set then to have it looked at again with this evidence" I never would have found it, but they did. As much as i work, its very hard to keep up with this so for me, it was better to get someone to help me organize and help me with the forms and stuff. I am very happy i did.

[@DewayneKimble]

DRO's should be doing the appeal. I'm glad you connected with someone that took the time to help. Many reps are lacking and not providing a good service to the vets.

[@tyroneandrews]

Thank you for saying suppose to have read evidence

[@DewayneKimble]

Many missed that.

[@WildWilly2u]

Good luck 🤞🏿

[@DewayneKimble]

Thanks Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership

[@WildWilly2u]

@@DewayneKimble I appreciate everything you do. I'm just here to support your post. I'm already at 100% PT. Thanks to popple like yourself and y'all videos. They helped me a lot. Again Thank you for what you're doing 🙏🏿😊

[@normelwood3632]

So, if it is listed in the evidence, but it is obvious it wasn’t looked at, do we just ask for appeal or higher level review and add in a statement saying “my claim was rated at 0%, yet the treatment record says (medication regimen or specific test says the condition is X), which according to schedule of ratings should rate it at X%, is that what should be added when they didn’t actually read the info?

[@DewayneKimble]

On an appeal, you have to argue fact or law. Just saying it was not reviewed is not fact or law unless you can point out they didn't look at it when they listed it, for example. The VA says, there is not treatment for migraines in the veterans military medical records. You have a copy of those records and it clearly shows treatment. In the rating decision in the evidence section, it shows they reviewed your medical records. Now you have a fact, it was not reviewed. Same with evidence showing medication, if it's listed in the evidence section they reviewed it and the DC code 10 percent for medication, that is a fact. Another Nugget. Upcoming Webinar "Get Educated On The VA Compensation Claim Process Webinar" (COUPON CODE: WIN10). August 13th - 14th 6-8PM EST: va.kmd89.com/win-your-va-claim Tired of getting denied and ready to WIN your VA compensation claim.

[@normelwood3632]

@@DewayneKimble is itnbetter on appearl to submit the info again, or have a statement saying per evidence labeled as X in the decision letter...

[@todd274]

Do VA ratings reps. contact doctors who wrote the nexus/DBQ or call the people who wrote lay statements on behalf of the veteran (i e., similar to verifying employment references)? If not, I hope they assimilate the practice. Verbal testimony over the phone would certainly help the Veteran and backup the written statements when the VBA reps. hear evidence directly from other parties.

[@DewayneKimble]

I never did but I can't say each one will or will not. There is guidance on this for VA employees to follow. Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim 12 hour live stream marathon. Are you ready to be part of this epic journey? Be our guest, submit your questions, and let's see if we can hit that 1000 mark together! 🎯✨ forms.gle/rfvMGQgaCnnmJF9g7 Each quest will have 15 minutes.

[@MikeWright-n8o]

Hey Dewayne. I’m new and just started viewing your channel about a month ago. I want to ask and hope you may be able to answer. I was initially rated for 10% for a knee issue in 2005 and when I received the letter, I only received the rating and did not receive the pages speaking of how the rater came to there decision. When I went online after viewing this video and redownloaded that claim letter, it is also missing the DECSION SECTION along with EVIDENCE on how they came to there decision. What do I do to get the information of how they came to there decision?

[@DewayneKimble]

Thanks for joining. Sure, submit a FOIA request to VBA and get a copy of all your paperwork. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership

[@clausellray3949]

I got granted for PFB at 10% however the rater did not review the information according to the to the rating sheet that was sent to me. Is there something I can do ? Thanks

[@DewayneKimble]

lol, I did see your question on the other video. It would be the same here: Hey Ray, course of action for, You obtain 10 percent , so the nexus worked. If you feel you warrant the 20 percent for PFB, do you meet the criteria for 20 percent and where is it noted you meet that criteria. Upcoming Webinar "Get Educated On The VA Compensation Claim Process Webinar" (COUPON CODE: WIN10). August 13th - 14th 6-8PM EST: va.kmd89.com/win-your-va-claim Tired of getting denied and ready to WIN your VA compensation claim.

[@umojaselassie6649]

As always good information, I&I give much thanks!.

[@DewayneKimble]

Thank you for the support. Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim 12 hour live stream marathon. Are you ready to be part of this epic journey? Be our guest, submit your questions, and let's see if we can hit that 1000 mark together! 🎯✨ forms.gle/rfvMGQgaCnnmJF9g7 Each quest will have 15 minutes.

[@dwaynejones1555]

Also or instead of calling the 800# you can verify evidence received, if submitted in VA QuickSubmit.

[@DewayneKimble]

That is true and I did a video on this. Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim 12 hour live stream marathon. Are you ready to be part of this epic journey? Be our guest, submit your questions, and let's see if we can hit that 1000 mark together! 🎯✨ forms.gle/rfvMGQgaCnnmJF9g7 Each quest will have 15 minutes.

[@kevlyonsf1982]

I'm still waiting on a decision but I submitted a couple of claims with private DBQ's from a nurse practitioner close to my home. Claims for migraines and IBS. Person on the 1800 number told me that the DBQ's are in there but they have a note saying can't be used because they have to be completed by an MD not NP. I refused C&P exams for both. Is there a chance my rater will still use my DBQ's even with the note?

[@kevlyonsf1982]

Migraines is for an increase and IBS is a new claim.

[@DewayneKimble]

That is incorrect and they are lying. If you look at the regulations, it states a NP can complete them. They still could use them as long as they the DBQ and nexus meets the VA criteria and if they, the rater was trained correctly. Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim 12 hour live stream marathon. Are you ready to be part of this epic journey? Be our guest, submit your questions, and let's see if we can hit that 1000 mark together! 🎯✨ forms.gle/rfvMGQgaCnnmJF9g7 Each quest will have 15 minutes.

[@frankwilliams3424]

What about when you're claim gets combined into a previous claim but the evidence for the second claim doesn't go with it and all that shows up is the evidence for the previous claim

[@DewayneKimble]

It depends on the condition and if it was separate, would it by pyramiding. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/home-page-9675 Use code: VET50 to get 50% off each month (discount expires May 1st) Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim

[@pkl3loodangel]

Called the VA number, but they said they did not have access to VBMS....

[@DewayneKimble]

Did you call 800-827-1000, not all VA employees know what they are doing.

[@pkl3loodangel]

@@DewayneKimble Yeah, even called twice and got a different customer service rep. They are saying they do not have access to VBMS. Regardless I have a appointment scheduled with VERA next Thursday. Frustrated, because I got all the Nexus Letters and private DBQ's correctly filled out (as requested on the last HLR denial) and this recent Supplemental Denial Letter did not even acknowledge any of the DBQ's (got x3 private DBQ's filled out by specialized doctor, VA doctor and family doctor all that have at least a year of me under care with them). It mentioned "private medical records" on the evidence section, but did not clarify that it was either a DBQ or Nexus letter from a private provider. Isn't the rater suppose to clearly state in evidence what was submitted? Regardless filed a Higher Level Review and wrote a detailed letter regarding to my concerns (skipped the phone conference, figured letter would be more to the point).

[@wesleycrider6734]

Great video Dwayne. I’ve had two knee c and p exams. Neither have rated my knee for extension, only flexion. Isn’t this required? Should I get my local state representative invol

[@DewayneKimble]

What are the ROM for extension and does it meet the diagnostic code for the next higher percentage. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/home-page-9675 Use code: VET50 to get 50% off each month (discount expires May 1st). We have a 12 hour live stream marathon. Are you ready to be part of this epic journey? Be our guest on our KZbin 12 hour live stream, submit your questions, and let's see if we can hit that 1000 mark together! 🎯✨ forms.gle/rfvMGQgaCnnmJF9g7 Each quest will have 15 minutes.

[@teegee1063]

Any possible guidance on letter from the Va- requesting stressor details/ medical evidence/ personal trauma event.

[@DewayneKimble]

Sounds like you claimed PTSD, I did a video on PTSD stressors. Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim 12 hour live stream marathon. Are you ready to be part of this epic journey? Be our guest, submit your questions, and let's see if we can hit that 1000 mark together! 🎯✨ forms.gle/rfvMGQgaCnnmJF9g7 Each quest will have 15 minutes.

[@Twisted-L]

DK, i had a C&P for GERD doc said Considerable impairment because with meds the condition would be managed, i filed a 4138 stating that i felt my condition severely impacted my health with examples. they granted 30% claiming i did not meet 60% even though i have at least 2 symptoms and stated severe impairment. i filed an HLR for it, with a 4138 saying "i do not think that all my evidence was considered and effective dates need to be adjusted" it came back and Decision mentions staying at 30% due to considerable impairment and that my 4138 filed with HLR was not considered as there is no new evidence allowed in HLR. i am not sure what my options are at this point any advice would be great.

[@G.Threats]

Look over all your records. Look for Secondaries. At times it's easier to link Secondaries to each and every disability that you have a diagnosis for each. That means make sure you have a a diagnosis for the primary and secondary disabilities. Also look at symptoms from medication

[@DewayneKimble]

Look in the wording for the 60 percent and if it says and/or, that is key and confuses veterans. I have a couple videos on diagnostic codes that explain this.

[@Twisted-L]

@@DewayneKimble meds are not supposed to be considered for GERD but HLR was denied claiming the 4138 with my contention of the problems was not considered as they said it was new evidence even though i only stated what was wrong and did not add any new information. is this a CUE or is BVA or Supplemental my only option?

[@igotthis6529]

Excellent content, thanks.

[@DewayneKimble]

Your welcome and thanks for the support. Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim 12 hour live stream marathon. Are you ready to be part of this epic journey? Be our guest, submit your questions, and let's see if we can hit that 1000 mark together! 🎯✨ forms.gle/rfvMGQgaCnnmJF9g7 Each quest will have 15 minutes.

[@productivity5465]

Dewayne, my C&P examiner opined that there’s a service connection but rater denied me regardless - how is this possible?

[@DewayneKimble]

I would have to see the information to see what happened. I've seen this before when a C & P exam should not have been given. Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim 12 hour live stream marathon. Are you ready to be part of this epic journey? Be our guest, submit your questions, and let's see if we can hit that 1000 mark together! 🎯✨ forms.gle/rfvMGQgaCnnmJF9g7 Each quest will have 15 minutes.

[@MrKatastrophik]

Does VBMS have AI integrated that has the capability to evaluate evidence for a particular claim, and approve or deny a claim and increase or recommend decrease to disability rating percentages?

[@DewayneKimble]

It didn't when I rated and may not now. Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim

[@HolidLove]

This is sort of a different topic on its own, but people should remember that previous favorable evidence is a part of your current evidence (if the finding is relevant to whatever you are filing). In my case, the RO essentially ignored previous favorable evidence. So they ruled that certain criteria was not met. Except, it was previously established. At the RO level, they essentially reversed a favorable finding, contrary to 38 CFR § 3.104 (Binding nature of decisions) without the VA alleging a CUE.

[@DewayneKimble]

Thanks for sharing this information. Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim 12 hour live stream marathon. Are you ready to be part of this epic journey? Be our guest, submit your questions, and let's see if we can hit that 1000 mark together! 🎯✨ forms.gle/rfvMGQgaCnnmJF9g7 Each quest will have 15 minutes.

[@sm14852]

Sorry I have a second question. I just reviewed my BDD claim rating decision from 2010. I sent multiple files that were civilian treatment medical files and verified verbal receipt by phone and email. My rating decision states that the rater reviewed the following: 1. VA Form 21-526 2. STRs (from my beginning and ending active duty retirement date). 3) Two C&P Exams. ....but I see none of the civilian records. Is it possible that they combined my STR's and the civilian records into one file under STR's, since the time periods overlap? Unfortunately, I submitted my FOIA C-File request recently in December 2023. I'm still waiting to receive it.

[@DewayneKimble]

Yes, that could have happened. I have a video on how I received that CD in two weeks. Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim 12 hour live stream marathon. Are you ready to be part of this epic journey? Be our guest, submit your questions, and let's see if we can hit that 1000 mark together! 🎯✨ forms.gle/rfvMGQgaCnnmJF9g7 Each quest will have 15 minutes.

[@juleskinkead4604]

except tinnitus which i only got because of my job title i believe they did not take into account my personal statements of non combater trauma including the buddy statements...they say my depression is not from the service but from my other diagnosed health conditions, copd, one lung removed, bladder gone, etc and I am TERA affirmed but I would like to see the evidence they got from the isolated small okinawan island i was on with kerosene heaters and contaminated water there.... and i think my va mental health provider put her 2 cents in and changed my depressive and anxiety diagnosis to more general... yet on my scripts that are active it says for panic attacks and depression and sleep...a very maddening process.. have attorney now, if thee was a tie it did not go to the runner. i had a terrible cp exam past january and she was pissed off i was not there in person.. it was very far away and i may have to empty pee urostomy pouch 2-3 times and hour. i have not control over the flow. maybe we can get some secondary to tinnitsus.. good videos

[@DewayneKimble]

Thanks for sharing and good luck with your claim. Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim 12 hour live stream marathon. Are you ready to be part of this epic journey? Be our guest, submit your questions, and let's see if we can hit that 1000 mark together! 🎯✨ forms.gle/rfvMGQgaCnnmJF9g7 Each quest will have 15 minutes.

[@juleskinkead4604]

@@DewayneKimble thanks for your videos i apologize for such a long post but it may serve other vets with serious conditions that will be denied and non combat ptsd and moral injury is real fellow vets. dont give up.. My va psychiatrist for the last 10 years went to video for covid, stayed with video and now twice it is telephone only. she says her computer is a dud..How abut this coincidence.. the day after my claim from oct 7 23 closed my psychiatrist sends secure message out of the blue stating I like to encourage you to do join a virtual zoom psychotherapy group to deal with your trauma.. where was she when i needed a nexu to my fellow cop in usaf blowing his brains out in the patrol car on duty... madness madness.. anyway attorney says it is good evidence for appeal

[@sm14852]

Hi Dwayne, Thank you for the information. It is extremely helpful. Please answer the following question please. I am submitting an FDC increase claim for a secondary condition. I was diagnosed with the secondary condition by the VHA within one year after receiving my VBA rating and separation from active duty, in 2010, but I never filed for it. Can I file for the condition as a direct claim now, in 2024, since it was diagnosed and treated by VHA, within the one year after my rating decision and separating from active duty.? Or can I only file for it as a secondary condition?

[@DewayneKimble]

Your welcome, It doesn't sound like a direct service connection claim. Just because it was diagnosed at VHA doesn't mean it meets VBA criteria for direct or secondary service connection. Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim 12 hour live stream marathon. Are you ready to be part of this epic journey? Be our guest, submit your questions, and let's see if we can hit that 1000 mark together! 🎯✨ forms.gle/rfvMGQgaCnnmJF9g7 Each quest will have 15 minutes.

[@thegarage4570]

I submitted a HLR for a denied claim as a mistake was made. The HLR came back as service connected, but rated at 0%. They completely disregarded my documents. The surgery performed BY the VA was for and because of the claim. The surgery alone qualifies as 30%, yet the rater assigned 0%. Make it make sense…

[@DewayneKimble]

Did you get a copy of the evidence that was of record and does that evidence show the 30 percent criteria for the diagnostic code for the condition granted. Don't navigate the VA claims process alone. Join our Zoom webinar on Nov 18-19, 2024 from 6-8 PM EST, and let the experts at KMD89 VA Claims Consulting show you how it's done. Register by clicking this link - www.eventbrite.com/e/how-to-win-your-va-compensation-claim-2-day-event-tickets-1055012975209

[@BillyDailey]

Hi Dewayne. I submitted an HLR online. Is it ok to submit thd 0996 via quick submit as well? It seems there are boxes to explain what error you found which isnt on the online form

[@DewayneKimble]

Morning Billy, Our clients use quick submit to upload their claim forms. Yes, you can do it that way. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/home-page-9675 Use code: VET50 to get 50% off each month (discount expires May 1st). 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/

[@BillyDailey]

@@DewayneKimble thank you sir, so even if i already submitted online, its still ok to also submit the form via quick submit? Just want to make sure 2 submissions dont mess anything up

[@alexanderyoung6037]

I kept all my documents "I love me book" I go back over them to see what I missed and what they missed. I believe in helping others to have an understanding and recognizing if they overlooked evidence, ignored evidence, and or considered evidence

[@DewayneKimble]

Thanks for the support. Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim 12 hour live stream marathon. Are you ready to be part of this epic journey? Be our guest, submit your questions, and let's see if we can hit that 1000 mark together! 🎯✨ forms.gle/rfvMGQgaCnnmJF9g7 Each quest will have 15 minutes.

[@tyroneandrews]

Good info

[@DewayneKimble]

Thanks

[@akaijackson2]

What if the evidence is not in the claims file

[@DewayneKimble]

Make sure it gets in the claims file before the rating is completed. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership 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/

[@akaijackson2]

@@DewayneKimble How much do you charge for an emergency phone call with you? I’d like some guidance and I don’t have the time to wait

[@Juanvaldez-u5j]

I have a question. What happens to a rater that just ignores evidence and denies a claim because of it? And if the rater suffers no consecuences for ignoring evidence, why should she/he even gine a damn?

[@DewayneKimble]

Nothing if it doesn't get pulled by the QRT team. If the vets does an HLR and a DTR is found, it has to go through that process. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership

[@tonybob47]

My MH DBQ was never rated at all

[@DewayneKimble]

That is a problem, it should have received a decision. Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim 12 hour live stream marathon. Are you ready to be part of this epic journey? Be our guest, submit your questions, and let's see if we can hit that 1000 mark together! 🎯✨ forms.gle/rfvMGQgaCnnmJF9g7 Each quest will have 15 minutes.

[@edmerzlak16]

Who has the right to order a rework? I am 100% getting reduced to 0% based on a requested rework

[@DewayneKimble]

Your information would have to be reviewed to see what happened. What is rework, I've never heard that term used in this VA system. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/home-page-9675 Use code: VET50 to get 50% off each month (discount expires May 1st). We have a 12 hour live stream marathon. Are you ready to be part of this epic journey? Be our guest on our KZbin 12 hour live stream, submit your questions, and let's see if we can hit that 1000 mark together! 🎯✨ forms.gle/rfvMGQgaCnnmJF9g7 Each quest will have 15 minutes.

[@wmschriver]

Nope just went off c& p

[@DewayneKimble]

Thanks for sharing. Upcoming Webinar "Get Educated On The VA Compensation Claim Process Webinar" (COUPON CODE: WIN10). August 13th - 14th 6-8PM EST: va.kmd89.com/win-your-va-claim Tired of getting denied and ready to WIN your VA compensation claim.

[@gtoexpress8111]

Greetings Sir - DRO/RATING People used my evidence they cherry-picked examples my TDIU DRO OFFICER mentioned in favorable evidence SSD -Headache dbq - along with a few more dbq's dro left out the key evidence in these favorable findings -Dro forgot to mention social security rehab expert statement also that all the issues that granted SSD that all three issues was already SC forgot to mention on the DBQ for headaches that that the impact the veterans ability to work - other SC disability prevent veteran from gainful employee i got a ton of them i got at least 12 pieces of evidence in my favor dro mention 2 one was laughable my SC scar dbq what a joke to even go there but he or she did lol

[@RonaldMarcotte-hs7qn]

No how else can they deny benefits if they reviewed the evidence you would have been approved.

[@DewayneKimble]

The evidence has to fall with in the guidelines for them to service connect. Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim 12 hour live stream marathon. Are you ready to be part of this epic journey? Be our guest, submit your questions, and let's see if we can hit that 1000 mark together! 🎯✨ forms.gle/rfvMGQgaCnnmJF9g7 Each quest will have 15 minutes.

[@herringbone5035]

The process and length is causing me to lose it. This neglect is inexcusable.

[@DewayneKimble]

Stay in the fight and don't let them win. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership 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/

[@herringbone5035]

@@DewayneKimble Easy to say. My disability comp is at the whim apparently of some faceless bureaucracy that seems to change its rules and standards for any little bias or whim or just to clear their plate. I hear VIET NAM era veterans still fighting. No wonder the suicide rate is so damn high. There should be a study to find out each veteran who offed himself or herself, and their compensation status and relationship with the VA.

[@NancyGTC]

Can I please get the Rater document you spoke about please? 🙏🏼💪🏼🪖🫡

[@DewayneKimble]

I don't have a copy but I remember what was in it. Date, Veteran's name, MOS, Branch and dates of service, issues claimed, evidence submitted and how they where claimed under the VA's five ways of service connection, and discharge

[@DewayneKimble]

Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim 12 hour live stream marathon. Are you ready to be part of this epic journey? Be our guest, submit your questions, and let's see if we can hit that 1000 mark together! 🎯✨ forms.gle/rfvMGQgaCnnmJF9g7 Each quest will have 15 minutes.