How Will COVID-19 (Coronavirus) Affect VA Claims?

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How Will COVID-19 (Coronavirus) Affect VA Claims?

Рет қаралды 56,294

Күн бұрын

CCK partners Robert Chisholm and Zach Stolz lead a discussion on COVID-19 (coronavirus) and how it is affecting VA claims at the Regional Office, the Board, and Court of Appeals for Veterans Claims, as well as C&P Exams, hearings, and what could happen should a Veteran be diagnosed with the virus. Please feel free to leave us a question or comment and we will do our best to respond!
TABLE OF CONTENTS:
0:00 Introduction to Presenters and Chisholm Chisholm & Kilpatrick (CCK)
01:54 VA Claims at the Regional Office Amid COVID-19 (Coronavirus)
2:34 What CCK Has Heard from VA Regional Offices About COVID-19 Coronavirus
3:48 What CCK is Seeing from Regional Offices: Is VA Still Issuing Disability Decisions?
4:20 Can I Still Submit My VA Claim, Appeal, Evidence, etc.?
5:41 What if My VA Representative or VSO is Located at a VA Regional Office?
6:10 Will VA Disability Compensation Payments Continue?
7:02 Compensation and Pension (C&P) Exams During COVID-19 (Coronavirus):
8:18 Will VA Decide My Claim Without a C&P Exam? Will Veterans Be Penalized for Not Attending C&P Exams During Coronavirus?
10:20 VBA’s Decision Output: How CCK Can Tell VA is Still Working
13:00 Hearings with VA Regional Offices and More RO Information
14:46 How the Board of Veterans Appeals is Operating During Coronavirus
16:45 Are Hearings with the Board of Veterans Appeals Still Occurring?
18:09 Advance Your Appeal on the Docket (AOD) at the Board of Veterans Appeals if Diagnosed with Coronavirus (COVID-19)
19:01 What About VA Deadlines I Must Meet?
20:21 Do We Expect the Board to Meet its Decision Goals This Year? How CCK Can Tell
22:26 Is Coronavirus Impacting the Court of Appeals for Veterans Claims (CAVC)?
26:20 Questions from Veterans: Is VA Functioning & Working on Appeals?
26:38 Will There Be Changes in Quantity or Quality of the Board of Veterans Appeals Output?
27:22 Ultimately, Will Veterans Have to Wait Longer for Claims, Appeals, and Remands?
30:00 Intent to File Submissions: Will VA Preserve Effective Dates and Deadlines?
32:30 If a Veteran Gets Coronavirus, Will VA Medical Centers Treat Me?
33:02 If I Get Coronavirus and Survive, Could I Get an Increase In Benefits for My Service-Connected Lung Condition?
34:24 If I Die Due to Coronavirus and Have a Service-Connected Lung Condition, Can My Dependents Get Benefits?
35:19 How Long Can We Expect All of This to Last?
35:53 Closing Thoughts from CCK
Feel free to ask questions, give us feedback, or request new veterans' law topics below! And don't forget to SUBSCRIBE so you won’t miss future videos. Visit our website at cck-law.com.

Пікірлер: 92

@usmcvet8940 4 жыл бұрын

I remember I had to live on only VA disability for 17 months making $355. a month waiting for my PTSD claim to be processed. I was so broke and no one else would help me I was living on the street 3 different times during this time. Finally another older Korean War Veteran said that's BS go to your congressman. After visiting my congressman I had my back pay in 4 days. Going through that it itself greatly affected my PTSD. Just passing the message if you've gone through a lot trying to get your benefits processed. It shouldn't take a year and a half that's ridiculous

@GeoBlake 4 жыл бұрын

Blake.Remkus@gmail.com WhatsApp +529981178458

@JukainPwnsSurvives 4 жыл бұрын

wow thats crazy im glad you got your back pay

@lenard8585 4 жыл бұрын

I am glad that you got your benefits! Your case is unique and what you did will not work for 93% of veterans. First every congressman is different and you have to choose the congressman that represent your discrict. There are some very good congressman but you may have one that is not that very good in assisting you with your claim because of the discrict you live in.

@stevediano9372 2 жыл бұрын

I've been waiting 2 yrs and still no decision. I know what your going thru

@stevediano9372 2 жыл бұрын

I filed my claim in March 2020. VA says due to Covid I finally received a letter to take a hearing and c&p exam Dec 3 2021. Have not heard a word since which has now been 90 days. My question ? What generally is the timeliness to finally get a decision ?

@cmac8141 4 жыл бұрын

My local VA medical center cancelled the one C&P exam I had there. They had me notify the Compensation 800 number to notify the regional office to reschedule with a contract provider. Since then, my other claims were scheduled with contract providers. I attended one this week and have three newly scheduled for next week. Updated status: The VA appears to be restarting contract C&P exams in my area (DC, MD, VA). I was contacted on 8/7/2020 by a contract provider to schedule the C&P exam that was cancelled by the local VA medical center. I completed the exam today (8/21/2020). Good luck to all.

@eli-jr2148 4 жыл бұрын

What is a C&P exam an what's the purpose of it

@cmac8141 4 жыл бұрын

@@eli-jr2148 C&P exam is short for a compensation and pension exam. The C&P exam is the claim exam used by the VA to develop medical evidence and to help the VA rater rate the disability. The VA rater for your claim is not a medical professional and depends on medical professionals to evaluate your medical evidence. The C&P examiner is a medical professional with specific training in VA methodologies. Sorry for the wall of text. This started out as a simple answer (above). These are additional observations on the C&P exam process. Your mileage may vary. In my experience (I have had several C&P exams at VA and contract facilities for multiple claims and appeals), there are significant differences in experience and temperament in the examiners that can affect the findings developed during the exam. I recommend bringing copies of relevant medical evidence and personal statements that have been sent to the VA for your claim, with you for the examiner. I have had several exams where the examiner could not view the uploaded documents due to problems with the VA system. Also, it is easier for the examiner to read and cross reference multiple printed documents than to go back and forth on a computer screen. Additionally, I keep notes on who the examiners are and their credentials (both who you are scheduled with and who actually performs the exam) as well as any discrepancies you noticed during the exam. These can be used to support claims of an 'inadequate' exam if an examiner overlooks or misstates something (I had one exam at a VA facility where the examiner didn't realize he was putting the information in the wrong persons record until the end of the exam. He said he would update it after I left. He didn't and I am still in the appeals process for that claim - lesson learned). There are multiple videos and websites that describe actual C&P exam procedures. The VA also describes what determines the ratings in their Adjudication Procedures Manual (M21-1 Adjudication Procedures Manual, Part 03 (Part III), General Claims Process, Subpart iv, General Rating Process, Chapter 03, Examinations). The M21-1 manual is available from the VA.gov website search dialog (just put in M21-1 to start). Good luck

@eduardoxanchez2870 4 жыл бұрын

Excellent info. Thanks!!!

@GeoBlake 4 жыл бұрын

They said i was a no show and dropped me from 100% to 0% today. I went to final pdrl in San Diego and then had another appt with a third party firm based in Wisconsin. I thought i "Opted-out" by submitting a form with electronic signature saying make the decision with existing evidence. I feel like not going made the difference, i was confused by the form i submitting saying no additional evidence. Then "no show" appears and then saying now 0%. Please help! Appeals?

@JoeBlow-8080 4 жыл бұрын

Awesome information! Thank you...JMS

@waltonwhitlow6540 4 жыл бұрын

I agree with C.C & K. Thank you so much ☠🏴‍☠️🎅

@govtman2755 4 жыл бұрын

FYI WRT LEGACY CLAIMS - I applied for initial VA benefits for multiple conditions during 2016, but was denied as the VA claimed they could not find any medical records for me. I was lucky to locate some of my records and completed a NOD. I have been waiting ever since then for an answer. After all these years of waiting I filed a Congressional and this is what my Senator was told by the VA: "We reviewed Mr. XXXXXXXX’s eFolder and confirmed he filed a Notice of Disagreement (NOD) for multiple issues on May 2018. We are working his appeal through the legacy appeals process. We address appeals in the order they are received to provide decisions to veterans waiting longest. There are approximately 200+ NODs preceding his NOD. We project a completion date of April 2020 for outstanding legacy appeals.” So, I get punished for them not being able to originally find my medical records. To military personnel all out there: COPY YOUR RECORDS NO MATTER WHAT. WHETHER IT BE BY DOWNLOADING, HARD COPIES, ETC. IF IT CAN GO WRONG, IT WILL. Good luck to everyone and GOD BLESS AMERICA!

@davidpike2334 2 жыл бұрын

My question to you is would me being afraid to leave the house and get Covid and die be grounds to be labeled as housebound? I am 66 yo, obese, diabetic, have cardio myopathy and am immunocompromised by my liver transplant meds, which are all due to service connections. This would be a new precedent due to Covid but I would think that this has its merits.

@MaryWhisperingWind 4 жыл бұрын

Many veterans are extremely frustrated by the long delays caused by COVID. They see corporations receiving billions of dollars in government support, and workers receiving $600 a week in support checks, while America's disabled veterans are suffering while waiting indefinitely, for C&P Exams, with ZERO financial stimulus support!

@kingshark5938 4 жыл бұрын

How do vets, with just va disability income file electronic... tried several sites and it wouldn't file, via no taxable income. I didn't owe or get a refund. How do we go about trying to obtain stimulus help.

@jmorgan3882 4 жыл бұрын

You're not employed, so you don't even have to file. But there's a non-filer website through an IRS website.

@agapephilerostorge 3 жыл бұрын

5:40 ⏸

@mac92a2002 4 жыл бұрын

Hello, I’m 70% for PTSD. I have just been diagnosed by the Lubbock va with a TBI, depression, anxiety, and migraines. All stemming from combat and military police services in Iraq in 03. I have filed for new claims for the new diagnoses and was called for a c&p appointment only to be told they’re not making any appointments... any advice on this and at what point do I need to consult with y’all for my case. I was army but assigned to the marines and treated in theater by the navy and upon return to the states I was discharged quickly. So no records exist in my records of my injuries. But I do have witness statements of the events.

@RamonFlores-pm4bb 4 жыл бұрын

In February of 2020. I filed a claim for aid and assistance if my claim is approved will I receive any back pay.

@snowavej1546 4 жыл бұрын

I have appeal in filed back 2015, how I get respresentive to help with my claim appeal in Washington state, still showing 740000 claim ahead of me, through va website.

@CCK_Law 4 жыл бұрын

@Snowave J, if you are interested in a free consultation to determine if we are able to help you, please reach out to our office at (844) 567-1185

@jasoncox2825 4 жыл бұрын

I had my C&P over the phone, after i was rescheduled twice

@sherryhall6946 4 жыл бұрын

Can you help get records? I have put in my second request for them and it’s been months since I’ve heard anything from them. My first request they told me I didn’t sign the paper which I really find hard to believe. Anyway I put in an intent to file and that’s as far as I’ve gotten due to not being able to retrieve my records. I’m afraid I’m running out of time and I haven’t heard anything from my VSO

@MP-so2ps 4 жыл бұрын

Get all records from ST Paul intake center make sure you get the right form .

@UniqueSimpleBeauty 4 жыл бұрын

Well my last C&P exam was the first week in March. Since then they have given me a rating and back pay. I would say that they are still working as efficiently as they can due to present circumstance. At least for my situation they did.

@wildmansolow2 4 жыл бұрын

the same thing happen to me

@831too702 4 жыл бұрын

I hope mine comes through soon..

@UniqueSimpleBeauty 4 жыл бұрын

2004 ALCS This was my first claim of initial benefits.

@emersontaylor6736 4 жыл бұрын

Is so co co co co

@L0C0OO7 4 жыл бұрын

But you fine! 🙂 us regular ugly folks not getting ours.

@donaldtaylor7681 4 жыл бұрын

I receive SSDI and Service Connected Benefits. I am in the arrerage in another state of child support. I pay a certain amount of my SSDI for back child support. Regarding stimulus payment I won't receive a stimulus for SSDI however, does that include one for being a Disabled Veteran as well. I am on the offset list with the IRS and the VBA is going thru the IRS to disperse these payments. My son is 30 years old. Does the payor have any rights?

@scottciecko9424 4 жыл бұрын

Waiting for my claim at JSRRC, they are not in the officer due to covid and can’t work remote.... 😐

@joibiddle4502 4 жыл бұрын

How can I get assistance to do my appeal timely...I have a deadline of April 24 and no lawyers or my rep are available.

@CCK_Law 4 жыл бұрын

@Joi Biddle, please feel free to reach out to our office for a free consultation to determine if we are able to help you a5 (844)567-1185

@donvon-g8110 4 жыл бұрын

My c&ps are now rescheduled July 31..

@OperationTesla 4 жыл бұрын

They shouldn't be. I just had a 2 C&P exams done by QTC medical. I also have two more scheduled for next week. Then again they may be basing it off of how bad the outbreak is in your area.

@donvon-g8110 4 жыл бұрын

@@OperationTesla Mine are thru the VA and here any non essential treatments or exams are to be cancelled or rescheduled.

@gian19791 4 жыл бұрын

Do veterans who are disabled service connected get government stimulus?? And people are social security disabled??

@dougproffitt7908 4 жыл бұрын

Yes

@gian19791 4 жыл бұрын

Ok which one they will send VA or sdi ??

@joejose8433 4 жыл бұрын

@@daveb2280 look man didn't want to save some money so they can send the rest of it to Israel

@tommarinevet 4 жыл бұрын

I was notified for a C&P Exam but within an hour they called back and cancelled it for now......they don't want face to face at this time is what I was told.....

@tommarinevet 4 жыл бұрын

@David G. thanks..but I'm 100%P&T....the C&P is for old claims for TCE toxic exposure...more of a formality for me....thanks for the advise

@combatdouglas1306 4 жыл бұрын

Yo Tom, kick their ass Marine. Oorrahh Tom!

@tommarinevet 4 жыл бұрын

@@combatdouglas1306 will do..Semper Fi

@combatdouglas1306 4 жыл бұрын

@@tommarinevet how long were you at Lejeune, New River or Geiger? I did an NBC school at Geiger where they exposed us to both mustard gas and blister agents. Scars and lungs. Ended up teaching NBC. So I knew what was what when got exposed again in D.S. mideast. ITR was at Lejeune also. You need 30 cumulative days at the three to qualify for benefits. MVAH is full of shit as are those "insider" wannabes. They both give out wrong poop. They charge more than lawyers charge too. I go straight to the WH. Shit flows downhill. Fuck'em. Stay safe buddy.

@tommarinevet 4 жыл бұрын

@@combatdouglas1306 I was at MCAS El Toro, CA a super fund site and closed in 1999 of TCE and 30 other toxins to include agent orange and nuclear radiation. Claims are approved on one to one basis...I feel the same way you do.....the VBA still needs an overhaul...bureaucratic pricks

@danahobson5742 4 жыл бұрын

What do u mean they are awarding new BENIFITS

@brandon1739 4 жыл бұрын

Dana Hobson I'm still trying to finish the video to get clarity on that .

@ranger022libertybell6 4 жыл бұрын

I had my C&P exam on 1/15/20 and has not heard any thing. Also, I filed on 9/92.

@MP-so2ps 4 жыл бұрын

Federal Court against the VA !! get a Lwayer that is not connected to VA at all.

@L0C0OO7 4 жыл бұрын

1992 WTF

@pmack667 4 жыл бұрын

I just submitted my DBQs and claim to the VA yesterday, hopefully not too long since it's just an increase on two. Not getting my hopes up though.

@georgeowens9966 4 жыл бұрын

my remand has been with the VA for 3 years and I was told it was complete but I haven't heard nothing what is going on with it. I get the same answer every time I call. I have it on a hardship, and to expedite from the judge which is not happening.

@garycooper8687 4 жыл бұрын

Who is your sponsor? I would contact them. After that a friendly call to your representative might move things for you. As a fellow service member I believe in using the system we served.

@Jeromen3570 4 жыл бұрын

How does VARO Manila impacted. Is there a legal attack that would help veterans being served in the Philippines to obtain benefits equal to CONUS veterans such as caregiver education and stipend?

@livininmexico3811 4 жыл бұрын

Could an appeal at the CAVC also be expedited for qualifying reasons? Thank you for all of your videos. Very informative.

@del7410 4 жыл бұрын

Only under hardship!!! And that takes ions!!! CCK CAN'T EVEN!!! REPRESENT MY SITUATIONS!!! IT WASN'T THEIR FAULT!!! SERIOUSLY!!! GREAT INFO!!! NEVER QUIT DEED YA CLAIMS!!! 😁😁😁 KEEP FILING!!! ✊✊✊

@del7410 4 жыл бұрын

20th minute? Clear and unmistakable errors? Remotely?

@JudgeBuster 4 жыл бұрын

You do NOT need to have Clear and Unmistakable Errors (CUEs) in a BVA decision, to get an appeal at CAVC expedited. If a veteran is: 1) over 70 years old OR 2) if you have "serious or critical or life-threatening medical conditions", OR 3) are currently homeless OR 4) suffering from "serious financial hardship", you can file a motion with CAVC in your pending appeal. It does help if you have CUEs since BVA is infamous for making such errors. Michelle Kane and over 2 dozen others administrative law judges (ALJs) are the very worst at BVA. BVA is a mess under Cheryl Mason, the current BVA chairperson. The same applies to ratings decisions by the VA Regional Office (VARO), also referred to as the Agency of Original Jurisdiction (AOJ). It is in the court's discretion to grant or deny your motion. But the better or stronger you can plead your situation, the better your chances of getting your motion granted. It really also depends on which CAVC judge gets assigned to your appeal. Judge Meg Bartley is very lenient and has granted motions for expedited appeal review in many cases assigned to her on the above listed grounds. I have also seen Petitions for Extraordinary Relief get granted if you have been remanded by CAVC once already and BVA keeps remanding your claim back to your VARO, or if significant time has passed, or you have been stuck in repeated BVA appeals and remands to VAROs for over 7 to 10 years. Most attorneys don't like file them since you have to write truly compelling reasons, and that takes time to do. One thing you should stay away from is Never allowing your claim to be reviewed by the Appeals Management Center (AMC) at VA Central Office in D.C. They have examiners there with MBAs after their title who are complete idiots and often ignore evidence in your claims file. A lot of these VA examiners with MBAs in their title got their degree through online courses which don't require a lot of brains to complete. Even with the new AMA procedures you have to be very careful which track you chose, since they will deny you the full due process you are entitled to in other tracks or legacy appeals process. There has been a lot written in law journals about how Congress screwed veterans over in the new Appeals Modernization Act (AMA). But what else is new in the VA's infamous & crooked claims process? Chris Attig who has the Veterans Law Blog is also one of the best VA claims attorneys in the country. He also has tons of great information on his website. Some is free, but others are in e-book formats that you have to pay for.

@del7410 4 жыл бұрын

@@JudgeBuster EXCUSE THE CAPITAL LETTERS, EASIER TO READ. YOUR COPY AND PASTE DOES NOT APPLY TO ME, SERIOUSLY. HOWEVER SOME YOUNG %,S'S' MAY BENEFIT FROM. EVER HEARD OF THE SUPREME COURT OF VA AFFAIRS? I HAVE MUCH PROOF OF UPPER LEVELS. IE. WAIT FOR MORE THAN 5!!! FIVE FIFTHS!!! (BILL COS/HUXT) THE JOKE!!! 😁😁😁

@del7410 4 жыл бұрын

@@JudgeBuster I'M FINANCIALLY HARD!!! WITH SHIPPING AND HANDLING!!! RESEARCH THIS. IF YOU WILL? RANDLE VS. WILKIE!!! COME NEAR ME!!! 😁😁😁 BLAW!!! HOLD DAT!!! M.O.P. RAP!!! ANTE UP!!! ✊✊✊😁😁😁 PER CURIAM!!! WHAT DOES THAT. MEAN? NOT 70+ YET!!! SLOWLY!!! I TURN!!! 😁😁😁 NO STOOGE!!! MAYBE MO!!! YO JOE!!! G.I.? 😁😁😁😁😁😁✊✊✊✊✊✊

@bodygraber 4 жыл бұрын

I can't believe I was just notified of a C&P exam

@InvestandHustle 4 жыл бұрын

I'm still waiting to reschedule back in February.....

@bodygraber 4 жыл бұрын

@@InvestandHustle I am represented by the DAV. I just got a voicemail and email that I have a C&P on April 2. I called to verify because of everything going on and they said they were still doing exams. It's not the VA it's some company that does exams for the VA. ????? Don't know how or why?

@L0C0OO7 4 жыл бұрын

Lol been fighting a claim for 5 years was supposed to get a date in March. Hit the 5 year mark in November. This is Crazy !

@laredotech 4 жыл бұрын

Since 2011 here...

@L0C0OO7 4 жыл бұрын

@@laredotech did you get a lawyer?

@laredotech 4 жыл бұрын

@@L0C0OO7 no, everyone tells me they only help vets that are financially in bad shape... I have all my evidence, but I am waiting to talk to a judge. Last I checked 133k cases were in front of me....

@L0C0OO7 4 жыл бұрын

@@laredotech there are lawyers that only get paid when you win they take 15 to 20% you just have to find the right one they are super easy to find call lawyer and just ask. Example if the VA owes you $50,000 in back pay the lawyer gets 15% of that that's it you don't owe them anything else. Now you owe me a beer and we are even lol 😆

@pmack667 4 жыл бұрын

@@L0C0OO7 I'm actually using one of those services right now. I'm trying to get from 90% to 100%, they got my brother from 60% to 100%. Just submitted my DBQs to the VA yesterday, wish me luck!

@giltorres9546 4 жыл бұрын

C&P over the phone?

@michaelfinn1803 4 жыл бұрын

Im living in Belgium, Its going to take sometime, I predict till the end of June. Thanks for the great info. Keep it up, and keep safe, We are in lock down in Belgium, till April 19th so far, take care.

@terryj.gibson5254 3 жыл бұрын

remotly

@kckillakrack9714 4 жыл бұрын

How can they get any worse? Lol

@joyphoummavong3165 4 жыл бұрын

My dad was a veteran and died in December with pneumonia acute respiratory failure where’s his stimulus check

@gbeverlyjr 4 жыл бұрын

Great video! Your firm is one of the first firms I truly trust to inform me of what is happening in the VA. Can your firm talk about the VA upgrading the regulations and rules on chronic pain? The decision of Saunders vs Wilkie will affect many veterans in pain claims and adding chronic pain that needs for ADL's for the criteria for PCFAC(Caregiver's program) & Aid and Attendance.

@CCK_Law 4 жыл бұрын

Hello George! We discuss Saunders in this video at 26:01!: kzfaq.info/get/bejne/gJZ0YMpip8m0fn0.html

@CCK_Law 4 жыл бұрын

We also have a blog written up on the topic if you are interested: cck-law.com/blog/federal-circuit-court-rules-pain-considered-disability-for-veterans/

@gbeverlyjr 4 жыл бұрын

I will look at the video! Thank you very much!