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Q654: I filed an Agent Orange claim for bladder cancer. It was denied. I appealed and heard nothing. Bladder cancer is now on the pre-approved list. Will it get an automatic review?
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A1: I'm not so sure that "automatic review" exists in the VA evaluation of claims and if it does that it's not too close to the front of the "priority" line. You need to go after this claim yourself. I see too many of these issues expressed by veterans waiting for someone else to chase their claims for them. There is something to the old saying that "if you want something done right and quickly, Do It Yourself." I believe that this is what you need to do to get your claim approved. Remember, if a year lapses after a declination without follow up or claim for re-evaluation, the process begins again at square one, resubmitting new paperwork with substantiation. And, the benefit beginning rating date reset to the new app date if approved. It would take an even more assertive approach to contest the rating dat or the rating itself. As an aside, I know of a case where the veteran chased his claim continually without letting a year lapse without follow-up. His claim was approved and rated as of the 1st application date after 26 years. What a Pay Day that was! Get started NOW and don't stop. (GC) 1/28/21
A2: Normally in these cases, the VA goes back and reviews previously denied claims. What you might do to speed the process is to file a VA Form 20-0995 annotating the issue and denial date of your bladder cancer claim and submit to the VA. (DS) 1/28/21
A3: The VA should have notified you by letter to file 20-0985, for this disability. It is my understanding that the VA is using the date that the 20-0995 was filed instead of going back to when the claim was denied. I am going to be disputing this with the VA on a couple of my veterans as soon as they receive their award letter. (GR) 1/28/21
A4: No it will not. And you might be denied two or three times. When one gets denied, it comes with a form 9 and that gives one one year to submit request again. Don't give up, you earned it. (EA) 1/28/21