Posted on Dec 17, 2020
Why is VA not accommodating when I submitted my disagreement to my claim giving me only 30 days to respond while I was ill with COVID?
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I feel like the VA is adding more stress to me by playing cat and mouse with my disagreement with my PTSD/MST claim by having me to relive my horrific details just to get higher compensation. WHY IS THAT?
Posted 4 y ago
Responses: 4
If you filed a claim and they denied it you have, by law, 1 full year from the date of that decision to appeal.
But remember that if you missed a scheduled exam in relation to the claim then they are allowed to make a decision based just on the information in your paperwork. If you were ill with Covid and can prove it, you can submit it as mitigation and ask for them to reschedule the exam but if they have issued a decision you will need to appeal. At this point I would contact a VSO like DAV or the VFW and ask for expert help..
But remember that if you missed a scheduled exam in relation to the claim then they are allowed to make a decision based just on the information in your paperwork. If you were ill with Covid and can prove it, you can submit it as mitigation and ask for them to reschedule the exam but if they have issued a decision you will need to appeal. At this point I would contact a VSO like DAV or the VFW and ask for expert help..
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PO1 Priscilla Velazquez
I dont know who contacted who, but yesterday i got home and received a letter that my appeal has been placed on the hearing docket!! i was crying because i felt it was a miracle!! I will be getting a letter when a hearing is scheduled!! Thank you all for responding
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SSG Dale London
I am praying for you. You still ought to talk to the DAV, though, and get some advice as to how to handle your hearing. Good luck, Sailor!
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I suggest you contact the VA and explain that you were ill during the 30 day period and they should give you can extension. If you have "new and relevant evidence" (which can be just about anything) you can file a supplemental claim on a VA Form 21-0995 if they deny your original claim.
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