Jump to content

Ads

  • Search



  • 0
Sign in to follow this  
stedwards

Info On Disability

Question

i am currently trying to file a new claim on lower back problems but was never seen by a doc at b.a.s on camp pedelton. Im regreting thid now but back the people that went to sick call cauaght so much trash talking and it showed that you were weak to go well must of us didnt go. My mos was 0311/infantry so my body took a beating. I am already currently rated at 40% for knee and shin problems. i saw this info in one of the post i am about t list but was wanting to know where it came from.

How do I establish service connection?

You can establish service connection for a current disability five ways:

(1) directly;

2) by using a presumption;

(3) by showing that it is secondary to a disability that is also service connected;

(4) by showing that a pre-service condition was aggravated during service; and

(5) by showing that you were injured in a VA hospital or while pursuing a course of VA vocational rehabilitation.

I was in the voc rehab program for close to four years and all my health problems worsend in the program and according to number 5 above my new claim should be covered, I need to find this info. I also saw this super expensive book for close to 200$ called veterans benifits manual http://www.lexisnexis.com/veterans/. does anybody know how can get info from book without buying it. The info i need is in chap 4 according to a post i saw. Please help or at least point me in right direction

Share this post


Link to post
Share on other sites

2 answers to this question

Recommended Posts

Welcome to Hadit, you may want to try to read the CFR 38 part 4

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&rgn=div5&view=text&node=38:1.0.1.1.5&idno=38

It is what VA uses to rate all claims. It is a lot to read but it is a start. If the site does not open, just close the site and try it again. It does work but it likes to be difficult at times. I won all my claims just reading the CFR 38 Part 4 but I still have claims pending. I did have some help from a few service officers but decided to work on the rest of my claims myself. You can always get a service officer to help you file your claims or you can get the help and direction you need from Hadit.com

If you can get a statement from your doctor that states that your knee injury cause your back problems then you can file a claim for back condition secondary to your already service connected knee condition. The doctor must review your military records and private records then write a statement that she or he has reviewed your military and private records and it is her or his medical opinion that your knee condition most likely caused your back condition. You must also have a current diagnosis of your back condition.

Others will chime in.

Edited by pete992

Share this post


Link to post
Share on other sites

Ad


The info is on page 100 of their 2009 Edition of the VBM.

There is a copyright consideration with Lexis Nexis and NVLSP. I checked with the NVLSP lawyers and they said I could certainly refers to parts of the VBM etc but cannot copy significant parts of the book here.

The reg you mentioned is within 38 USC 1110- 1131,and 38 CFR3.303 to 3.309(with a note to 3.3`3 B if the claim regards AO NHL).

I have notes here for a tentative SVR radio show on this subject. I cant remember if we did a show on this yet or not but when I find those notes or any other info- I will post-

Then again the BVA reinterates these 5 principles often in many of their decisions.

Pete gave you good advise here-

Vioc Rehab-did the VA say at any point that Voc Rehab was not feasible for you and then discontinue it? If the VA states that any SC disability prevents a vet from participating in or continuing Voc Rehab ,then this can be used as evidence for TDIU at the 100% rate.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  


  • Advertisemnt


  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Latest News
  • Our picks

    • If you are a Veteran, represented by MOPH, you need to know that MOPH is closing down its offices.  This can have a drastic effect on your claim, and it wont be good for you.  You likely need to get a new representative.  

      This station confirms MOPH is closing its doors:

      http://www.kwtx.com/content/news/Waco--Purple-Heart-veterans-service-center-to-close-its-doors-480422933.html

       
      • 0 replies
    • Retroactive Back Pay.
      Retroactive Back Pay - #1Viewed Post Week of March 19. 2018

      My claim is scheduled to close tomorrow for my backpay.
      Does anyone know if it does close how long till the backpay hits the bank?
      Also does information only get updated on our claims whenever the site is down?
      • 44 replies
    • Examining your service medical records...
      * First thing I do after receiving a service medical record is number each page when I get to the end I go back and add 1 of 100 and so on.

      * Second I then make a copy of my service medical records on a different color paper, yellow or buff something easy to read, but it will distinguish it from the original.

      * I then put my original away and work off the copy.

      * Now if you know the specific date it's fairly easy to find. 

      * If on the other hand you don't know specifically or you had symptoms leading up to it. Well this may take some detective work and so Watson the game is afoot.

      * Let's say it's Irritable Syndrome 

      * I would start page by page from page 1, if the first thing I run across an entry that supports my claim for IBS, I number it #1, I Bracket it in Red, and then on a separate piece of paper I start to compile my medical evidence log. So I would write Page 10 #1 and a brief summary of the evidence, do this has you go through all the your medical records and when you are finished you will have an index and easy way to find your evidence. 

      Study your diagnosis symptoms look them up. Check common medications for your IBS and look for the symptoms noted in your evidence that seem to point to IBS, if your doctor prescribes meds for IBS, but doesn't call it that make those a reference also.
      • 9 replies
    • How to get your questions answered on the forum
      Do not post your question in someone else's thread. If you are reading a topic that sounds similar to your question, start a new topic and post your question. When you add your question to a topic someone else started both your questions get lost in the thread. So best to start your own thread so you can follow your question and the other member can follow theirs.

      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.



      Leading to:

      Post clear questions and then give background info on them.



      Examples:

      A. I was previously denied for apnea – Should I refile a claim?



      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?




      B. I may have PTSD- how can I be sure?


      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?





      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
    • I have a 30% hearing loss and 10% Tinnitus rating since 5/17.  I have Meniere's Syndrome which was diagnosed by a VA facility in 2010 yet I never thought to include this in my quest for a rating.  Meniere's is very debilitating for me, but I have not made any noise about it because I could lose my license to drive.  I am thinking of applying for additional compensation as I am unable to work at any meaningful employment as I cannot communicate effectively because of my hearing and comprehension difficulties.  I don't know whether to file for a TDUI, or just ask for additional compensation.  My county Veterans service contact who helped me get my current rating has been totally useless on this when I asked her for help.  Does anyone know which forms I should use?  There are so many different directions to proceed on this that I am confused.  Any help would be appreciated.  Vietnam Vet 64-67. 

Ads



How to get your questions answered.

All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

Tips on posting on the forums.

  1. Post a clear title like ‘Need help preparing PTSD claim’ ...
  2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title ... 
  3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help ...
Continue Reading


  • Advertisemnt

  • Advertisemnt

  • Ads

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×

Important Information

{terms] and Guidelines