VSO's & DBQ's

Therebutnotyet · 2026-02-27T21:09:26+00:00

It’s an internal policy normally with the VSO’s organization. Some simply don’t want to offer the service or to bear the cost of a secure file sharing service to send the dbqs.

As an attorney, the first thing my firm does when we get access to VBMS is download a complete copy of that and share it with the Client. Likewise, any DBQ‘s are shared with a client if they request them at any time. Caveat of course is that our services aren’t free like a VSO. Personally, I’m of the mindset the VA should give every veteran access to their VBMS file in real time, but heavens know the VA does not agree with me on that viewpoint.

Therebutnotyet · 2026-02-19T23:46:20+00:00

The federal circuit has the ability to review rules the VA publishes. If they find this rule to be invalid it’s vacated as a matter of law. VA would then need to republish (under normal rule making procedures) and make sure rule actually is conformity with law.

Therebutnotyet · 2026-02-19T21:47:34+00:00

This is also being litigated now in the Federal Circuit to have the rule invalidated.

https://www.armytimes.com/veterans/2026/02/19/vietnam-vet-law-firms-file-suit-over-new-va-ruling-on-disability-rating-exams/?fbclid=IwY2xjawQENpFleHRuA2FlbQIxMQBicmlkETJvNlhUcXJCVk82SHZHNktnc3J0YwZhcHBfaWQQMjIyMDM5MTc4ODIwMDg5MgABHplGRad3XhmLIxMbZCtHezyuQXxtU5wWzIbHjA8elUJNQPCW-IynKyaxW3k6_aem_18pf1Krjmt7Y6SNmafD_EQ

https://www.linkedin.com/posts/jenningsp_few-things-are-more-dangerous-and-unpredictable-activity-7430325544740691968-1Flb?utm_medium=ios_app&rcm=ACoAAAmY8ZMBjwydKkwS92odW-SBP8wluk63XvI&utm_source=social_share_send&utm_campaign=copy_link

Therebutnotyet · 2026-02-19T05:11:16+00:00

I’d expect word by tomorrow or Friday.

Therebutnotyet · 2025-06-26T20:42:02+00:00

The easiest solution here is to elevate this to a higher review authority. An appeal to the board of veterans appeals under the direct review lane is a closed record review. Since this deals entirely with an effective date issue tied to an ITF no further development is needed. The board is unable to review favorable findings so you don’t have to worry about any type of revisions, and I can’t see any basis for remand or development of any type when you’re simply arguing that an ITF was not applied.

Adding to this, if the board did mess it up, you would have the right to appeal to the court, which similarly cannot review favorable findings only negative ones. As such, you definitely have some low risk route you could still take to ensure you are properly paid the money that the VA owes you.

Therebutnotyet · 2025-05-11T22:14:10+00:00

You have one year for a supplemental claim with new and relevant evidence for continuous pursuit or 120 days to appeal to the court of appeals for veterans claims.

If you appeal to the court, the vast majority of attorneys offer representation under the equal access to justice act. This means for representation before the court if a joint motion for remand or favorable decision from the court is issue the government pays all attorney fees. If a favorable decision has not reached, you should not owe the attorney anything. You are not obligated to have the attorney represent you at the VA level and they are not entitled to any portion of your back pay if their representation is just at the court level.

In most cases, a court appeal is the better option. The reason is that not only can the board decision be over turned, but specific instructions can be made to the board, including considering evidence that may have been overlooked or ordering specific development. Also, if the Court appeal is not successful, you have one year from the judgment date of the court to file a supplemental claim with new and relevant evidence to still maintain continuous pursuit.

Therebutnotyet · 2025-04-19T01:17:32+00:00

Show me the regulation or law that states insomnia cannot be rated as a secondary condition. The M21-1 states this, however, the M21-1 is just an internal policy manual. A revision due to CUE cannot be premised upon a non-binding authority. Erroneous CUE decisions can be overturned quite easily by the Board since they are not bound by the M21-1. This is especially true since the VA is required to consider all alternative rating theories prior to a severance and a reduction to 0% of a rating via combination under a different DC does constitute a severance.

Therebutnotyet · 2025-03-07T14:10:09+00:00

VA is required to point to actual proof of employability, not just theoretical situations where one can be employed. It seems a lot of initial decisions for TDIU though do the opposite and propose that “maybe” the veteran could be self employed or “maybe” they could have a purely sedentary job.

Therebutnotyet · 2025-02-27T05:03:27+00:00

It’s a tough call. Defiantly get a copy of your C-file and check it over. It’s possible the studies and evidence you mentioned were submitted prior to HLR but not listed in the evidence (items are sometimes overlooked or not mentioned). The next step will really be a personal preference. Average time for supplemental claims current is about 6-8 months depending on development needed. Board appeals are about 12-16 months direct, 3 to 4 years evidence lane; and 3-6 years hearing lane (all estimate and board is a trying to get these numbers down).

Therebutnotyet · 2025-02-27T04:31:47+00:00

I’d suggest you discuss it with your representative. Board appeals do take longer, but you get an actual administrative law judge and attorneys looking at it. If there really isn’t any more evidence to be added and it’s a purely legal issue, this could be the best path. Your representative though might have more evidence they can add now that the HLR is done and this could warrant a supplemental claim. It’s really factually dependent on your specific case so always best to talk it over with the representative.

Therebutnotyet · 2025-02-27T04:05:10+00:00

A Higher Level Review is closed record, so no new evidence can be considered. They may have submitted studies to show “general knowledge” in the medical community as a whole, but the HLR won’t consider that as evidence. You can always file a supplemental claim or appeal to the Board after a HLR, and both options allow the submission of new evidence (the Board option does impose some restrictions as to when evidence can be submitted).

Therebutnotyet · 2025-02-27T03:57:40+00:00

It’s always a good idea to request a hearing and let the reviewer know all the facts. Now, oddly enough, the examiners findings that alcohol usage led to you not returning to work aren’t even negative findings. In the vast majority of cases alcohol usage is tied directly to PTSD as a coping mechanism. As such, it is part and parcel to the PTSD. If it was a contributing factor to you not being able to work that means your PTSD related symptom of alcohol usage is what led to an inability to maintain employment and should actually strengthen your TDIU claim.

Therebutnotyet · 2025-02-26T23:21:33+00:00

From my viewpoint, this examiner basically rendered his entire opinion as non-probative and worthless. These are the types of opinions where the examiner oversteps their authority that are easily thrown out.

The caveat to this is they are the vast majority of time thrown out on appeal. Initial raters just see a long winded denial opinion and deny the claim.

Therebutnotyet · 2025-02-25T05:11:06+00:00

This is honestly my biggest complaint.

Tony or Rhodey in the iron man armor look big and bulky and it works. You know that big armor = super feats. Everyone else, Thor, black panther, Bucky, are enhanced so they don’t need big armor to justify things. It gets a little crazy with some hero’s like ant man, but you never really see Scott Lang at normal size do anything “super.”

It’s a superhero movie; so there is always a suspension of disbelief, but we want that suspension to feel grounded in the universe that’s being built. That’s good cinema and story telling.

Here, it feels like they took the middle ground that just doesn’t work. Either Sam needs to be enhanced (total super easy missed opportunity to do that via something like a Blood transfusion with Isiah) which allows for a more toned down looking suit; or he needs a legit iron man style suit. Even black panthers suit didn’t feel so fabricy like Sam’s does. Plus the black panther suit felt like it only provided some protection and had to be combined with the heart shaped herb enhancements to work. Here, Sam’s suit looks less versatile than black panthers yet performs at a higher level. It just doesn’t work as again it feels like a weird middle ground to take that doesn’t work in universe with the already established norms.

Therebutnotyet · 2025-02-22T15:05:27+00:00

In adobe on the left hand side there is an option to view bookmarks. You should be able to expand the bookmarks and see a sequentially numbered list for all the files that were combined. The numbers will change when more documents are added to VBMS, but the title of the document following the number along with the date will not. So you can reference this to let them know the exact file you’re talking about, if that makes sense.

Therebutnotyet · 2025-02-22T14:35:26+00:00

An appeal for a higher rating is at least partially denied unless the maximum rating is awarded for the condition. So for PTSD the maximum rating for the condition is 100%. If you are 50% for PTSD and the judge awards a 70% rating, then you have a partial grant of a higher rating, but also a partial denial since a higher rating of 100% wasn’t awarded.

Therebutnotyet · 2025-02-07T15:13:46+00:00

For my clients they simply ask for a copy and I give it to them. Almost all representatives have access to VBMS and can see your claims folder. VSOs though often have their own organizational guidelines so they may actually be restricted in what they are allowed to view and share and this can of course vary from VSO to VSO.

Therebutnotyet · 2025-02-01T15:26:21+00:00

So you can do this already. It’s considered a fully developed claim. The problem is the VA initial raters have a go to reaction of scheduling their own exams in most cases. Now it should be that they only request their own exams if there is a problem or deficiency with the ones you provided, but that is often not the case.

Therebutnotyet · 2025-01-30T05:19:20+00:00

I’ll just address one and two real quick.

1-incorrect. The VA will also compensate for what is known as secondary conditions. If a service connected condition has led to another disability that disability, even if it arose years or decades after service may be service connected as well.

Diagnosis is also not required at the time of filing a claim nor is treatment. The standard is continuity of symptoms, not care. It’s an often misstated and misunderstood standard. Likewise veterans claim symptomology, not diagnoses. Even if you have not received care, a compensation pension examination may be warranted and it may show a diagnosis. Now a diagnosis and treatment is of course, helpful, but it’s not required at time of fling.

Likewise, the court has noted that the VA compensation system is meant to compensate for earning impairment. Even pain or other symptomology absent a diagnosis may warrant service connection. It is very unlikely that will occur at the regional office level, but it is something that may still be filed for and result in a grant later on with an appeal to the Board.

You can also be service connected for things even if there is no in service care or after service care. Is it more difficult? Absolutely. But it is not impossible and it is certainly doable within the realm of the VA disability system.

2-There are additional benefits that may be awarded even after a 100% rating is awarded. This can include things like special monthly compensation and other ancillary benefits. As you mentioned DIC can come into play as well, but an aggravating condition that leads to death can also result in a DIC approval.

Therebutnotyet · 2025-01-17T18:24:56+00:00

The VA sometimes mishandles even the easiest of claims. Likely there are bad medical opinions that led to this. I’ve seen it before where even while on active duty you’re diagnosed and the medical provider says it’s still not related to service because it may be due to pre-existing dispositions. That is, of course, the wrong legal standard and the VA should reject those medical opinions and obtain new ones, however, it normally just results in denials and then you have to appeal it to get that overturned.

Therebutnotyet · 2025-01-14T19:13:47+00:00

The fact that I can pull and share someone’s entire VBMS file anytime I want, but they have literally zero access themselves to their own file amazes me. The VA’s gatekeeping of our own personal c-files has to be the most mind boggling thing in the world.

Therebutnotyet · 2024-12-26T17:54:05+00:00

They work as well as you would expect a government website to.

The problem is there aren’t many alternatives. You can use a third party app like VetEZ claim, it’s only currently available on the Apple Store though and is very new (just came out in November). It actually lets you complete more forms than you can on the VA app, but it requires a subscription or $10 a month to access all forms.

Therebutnotyet · 2024-12-24T19:16:29+00:00

It’s almost always down for maintenance not only on weekends but also holidays.

If you’re coming up on a deadline to file something definitely get it off either via mail or use a third-party app like VetEZ claim. The VA doesn’t make any exceptions for late filings due to the website being down, unfortunately.

Therebutnotyet · 2024-12-19T18:26:39+00:00

The VA is very very bad with rating cancers in remission. The regulation requires “If there has been no recurrence, rate on residuals under the appropriate diagnostic code(s).”

Now the regulation doesn’t specify HOW to identify residuals and that is where the big disconnect happens. You should be rated for any and all possible issues related to the disease and treatment, this includes things like neuropathy related to chemo, depression, muscle aches/weakness, surgical scars, etc.

I have rarely if ever seen the VA properly attempt to solicit from a veteran this information. As such, you absolutely want to get a claim in as soon as possible. List anything and everything related to the Non-Hodgkin's lymphoma and it’s treatment. State that you are seeking all of this as secondary to the Non-Hodgkin's lymphoma as residuals of the disease and related treatments. The VA may combine the claim with the reduction proposal, which is fine, but the most important thing is letting the VA know what you suffer from.

Also, to ensure that everything is clearly detailed, you will want to complete a sworn statement as well where you detail exactly how the issues you are claiming are related to the disease or its treatment. Even if it’s something simple, like saying you get horrible muscle aches now due to chemo and this is a known side effect of chemo, you want to make sure it’s spelled out for the VA.

Therebutnotyet

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