vetquest

I agree with Buck, we should all have access to VBMS.  My status is still set to not let my VSO into my VBMS though.  Even if they let us have access we probably would not have access due to the security levels set.

File now if you have a problem with your lungs.  It will only get worse as you age.  No, the VA never sees claims as easy, you have to prove your claim with evidence and even that is not enough some times.  If your request fails take it to appeals, there appear to not be many cases that are settled in the first go around.  You might have to appeal to get your benefits, but even if you get zero percent you are in their system so when things get worse you have a rating to start from.  You need an in-service event, chronic symptoms, and a nexus between the two.  I personally would get my lungs checked out if you are barely meeting the results of a lung test.  Good luck and keep us posted.  Start a new thread for any new questions and we will be happy to answer any further questions. 

@asknod Is there a button they use to issue rubber stamp denials?

Normally you will not get a reduction but that does not mean they will not try.  When I was appealing TDIU the VA called one of my disabilities service connected in error and another rated incorrectly.  They wanted to sever and reduce my disabilities.  Needless to say they got caught in a blender and wound up not getting their way.  The VA is not your friend and will sometimes do everything in their power to make your life miserable.  They claim to be a non adversarial that is there to help the veteran as best they can, believe that at your peril. 

Normally you will not get a reduction but that does not mean they will not try.  When I was appealing TDIU the VA called one of my disabilities service connected in error and another rated incorrectly.  They wanted to sever and reduce my disabilities.  Needless to say they got caught in a blender and wound up not getting their way.  The VA is not your friend and will sometimes do everything in their power to make your life miserable.  They claim to be a non adversarial that is there to help the veteran as best they can, believe that at your peril. 

Under 38 C.F.R. § 3.303(b), an alternative method of establishing the second and third elements is through a demonstration of continuity of symptomatology.  Barr v. Nicholson, 21 Vet. App. 303 (2007); see Savage v. Gober 10 Vet. App. 488, 495-97 (1997); see also Clyburn v. West, 12 Vet. App. 296, 302 (1999).  Continuity of symptomatology may be established if a claimant can demonstrate (1) that a condition was "noted" during service; (2) evidence of post- service continuity of the same symptomatology; and (3) medical or, in certain circumstances, lay evidence of a nexus between the present disability and the post-service symptomatology.  Savage, 10 Vet. App. at 495-96; see Hickson v. West, 12 Vet. App. 247, 253 (lay evidence of in-service incurrence is sufficient in some circumstances for purposes of establishing service connection); 38 C.F.R. § 3.303(b).  "Symptoms, not treatment, are the essence of any evidence of continuity of symptomatology."  Savage, 10 Vet. App. at 496 (citing Wilson v. Derwinski, 2 Vet. App. 16, 19 (1991)).


 
 
 

I am with Broncovet on this.  I would appeal to the BVA.  If you are confident enough you could try to do it yourself but that can be very difficult.  I would look for a NOVA approved lawyer if you are not confident in doing it yourself.  They have the ability to communicate to the BVA when your case is there.  If the first lawyer turns you down try several others.  When I filed my claim with the BVA I talked to three lawyers offices and only on responded to me.  They handled my case very well and got everything approved.  

Normally you will not get a reduction but that does not mean they will not try.  When I was appealing TDIU the VA called one of my disabilities service connected in error and another rated incorrectly.  They wanted to sever and reduce my disabilities.  Needless to say they got caught in a blender and wound up not getting their way.  The VA is not your friend and will sometimes do everything in their power to make your life miserable.  They claim to be a non adversarial that is there to help the veteran as best they can, believe that at your peril. 

I hope it works out Vync.  

I guess the VA had employees working over the weekend. As of yesterday, the status finally reached Step 4 Preparation for Notification with an estimated completion date of January 29, 2020. That's two days from now. 

I Knew I read it somewhere but it is better to let you read this than me telling you and then can't back it up.  VA tried to reduce this veteran's claim while still in appeal status.  It is called a "Mischaracterization of the Issue on Appeal."   See AB v. Brown, 6 Vet.App. 35, 39-40 (1993). There are rules and laws to reduce a rating. 
To hold otherwise would leave the door open for a possible "chilling effect" in the administrative appeal process, whereby veterans might be afraid to seek higher disability evaluations on appeal, for fear of having already awarded benefits reduced by the Board during the appellate process.  See, e.g., 38 C.F.R. § 3.2600(d) (2013) (except in cases of clear and unmistakable error (CUE), a decision review officer "may not revise [an AOJ] decision in a manner that is less advantageous to the claimant than the decision under review").  Such a result would be wholly 2 inconsistent with the non-adversarial claims system.  See Douglas v. Derwinski, 2 Vet.App. 435, 439 (1992) (noting the "basic principle of the VA claims process that claims will be processed and adjudicated in an informal, non-adversarial atmosphere"); see also Comer v. Peake, 552 F.3d 1362, 1369 (Fed. Cir. 2009) ("The VA disability compensation system is not meant to be a trap for the unwary . . .").

You are correct, if you are denied again you can request the appeal to return to the BVA for a final decision.

Thanks for the support and quick responses.  Will keep pressing, have gotten this far and not about to give up now.  If I do go BVA appeals route I'll retain a lawyer.  As you said, would rather have 80% of something than 100% of nothing.  Time to go get my ducks in a row to support my supplemental claim for EED.

CAVC is the only way my claim got granted.  I am talking about VARO denied my claim several times BVA remanded my claim and after the VARO denied my claim again then BVA denied my claim and I was forced to get a law dog and CAVC said holy ____ this claim should have been directly service connected. I even lost my CUE.  Now after all these years BVA granted my claim and said my original claim is still open and pending.  Ain't that some Sugar Honey Ice Tea.  Don't you just love 38 CFR 3.156, the one good thing is VARO date stamp evidence and evidence prior to a rating must be adjudicated. 

I to agree, I just hope all legacy claims are completed within the next several years.  I just wish the RO's would complete claims successfully so that we all did not have to go to the BVA or CAVC.

Aside from waiting for the envelope recheck VA.gov.  Sometimes when you look at VA.gov it does not include appeal status's.  I do not know why this happens but it does sometimes.

Good job.

JKWilliamsSr, I do not want to seem that I am putting you off but I believe your claim is not excessive yet.  I filed an NOD one year ago and am still sitting in a holding pattern.  Now I know that NOD's are taking longer since they are trying to get the AMA stuff done.  I would call the 1800 number and see if they will give you a status.

Request both.

If you were diagnosed as CFS while in service I would file for that.  You need an in service event, a chronic condition, and a nexus between the two.  Now if the VA does their job they should send you to a C&P to provide the nexus.  File your claim through VA.gov.  Select file a claim for compensation  and go from there.  I would file the STR pages that show you were diagnosed in service.  If you have civilian records that support the claim I would submit these also.  This is a long and complicated process and you will get frustrated along the way.  Just giving you a heads up.

Request both.

I'm sorry you had such a bad experience with the DAV. Keep in mind that not all reps will behave like that.
Start here: https://www.va.gov/disability/how-to-file-claim
You can start filing online via that link. You'll need to create an account.
The most important thing is to do an "intent to file". You are telling the VA you plan to file for one or more disabilities. Think of it as holding your place in line (i.e. effective date). If you win your claim, it will be effective back to this date. Keep in mind the VA will pay benefits from the first day of the month following your effective date. You will have one year to formally submit a new claim. If you don't open a new claim, your effective date is lost, but you can still apply later. You can use the year to gather records pertinent to your claim. Before the end of the year, be sure to formally apply!
If you served in the Gulf War, check this out: https://www.publichealth.va.gov/exposures/gulfwar/medically-unexplained-illness.asp
  There are a number of "presumptive" illnesses related to service over there. There are some limitations and a deadline for the issues appearing, so don't wait until it is too late.
You can file for anything you want, but the VA will evaluate evidence while making a decision. 
Look for any issues you feel were related to service, but preferably issues you have the ability to potentially tie back to service. If you have any medical records from the first year after leaving service, those can be very helpful.
You can also file for secondary conditions. For example, if your back hurts, but you also have sciatica you think is caused by your back pain, you can file for both. Don't forget side effect of medication used to treat those disabilities. The military was famous for prescribing NSAIDs like ibuprofen, naproxen, etc... for musculoskeletal issues. If taken for too long, it can cause acid reflux, which can also be claimed.
You can file for each condition, but I recommend also clearly stating that you are also filing for any related secondary disabilities. If you file for a very specific issue, the VA will focus solely on that. It can be helpful to be somewhat vague. For example, instead of filing for lower back pain, consider filing for "spine problems". That would cover both lower back and the neck (the VA treats them separately).
Gathering records is important, but may take time. If you don't have these, it is good to try and obtain them. You can help the VA to help you.
1. Military personnel records
If you have a VA account, you can request these online. See #3 below for another way to get them.
2. Service treatment records
You can request these from your VAMC's release of information office. It may take four to six weeks to arrive.
3. If you received any treatment through the VA, request those records
You can request these via VA's healthevet web site: https://www.myhealth.va.gov/mhv-portal-web/home
Once you register, it can be found via their Blue Button feature.
4. If you were ever in the VA system, it might be a good idea to request your claims file (i.e. c-file). 
This will take months to come in. They even can provide it on CD/DVD instead of paper.
https://cck-law.com/blog/va-c-file-claims-file
 
When you apply, never send the VA any original documents. It is helpful to keep those stored in a safe place.
Don't expect the VA to get your claims right the first time. They are known for making mistakes, but claims are very often won on appeal.
 
If you get a a 30%+ rating and have dependents, don't forget to file a dependency claim.
Don't forget to ask questions. Don't forget to search the forums and explore the blogs. You might find answers to your questions before you ask them.

Steven You have a difficult road but you can't make the journey without taking the first steps. I am not anywhere close to being an expert on it, but I can offer my opinion. CFS is a very difficult diagnosis to receive from the VA. I believe it is only successful 20% of the time. The problem is they rule it out if they can divert it to another disability and make that non-service connected. The DBQ that is required for eval is 21-0960 Q1 under 38CFR 4.88 The diagnostic code 6354, allows ratings from 10% all the way up to 100%. IMO it is almost impossible to win the claim without a diagnosis from an immune system doc issuing his opinion with medical rationale. We are not medical experts; the diagnosis is very technical. I would suggest you start doing your search for a good doc who understands the VA and what they require to win. And, to answer your question, just file as CFS; let the VA figure it out. My guess is your diagnosis while in the service will not stand up to what the VA is going to try to do with it. Get a good IMO. One other thing. I would send a letter to the DAV headquarters in your state. Tell them in your own words about how you were treated and provide the name if you can. They probably won't do anything on  the basis of one complaint, but if there are several, they might. One thing for sure, they won't do anything if veterans don't complain. Do the next guy in line trying to get help a favor. Call the jerk out.

If you were diagnosed as CFS while in service I would file for that.  You need an in service event, a chronic condition, and a nexus between the two.  Now if the VA does their job they should send you to a C&P to provide the nexus.  File your claim through VA.gov.  Select file a claim for compensation  and go from there.  I would file the STR pages that show you were diagnosed in service.  If you have civilian records that support the claim I would submit these also.  This is a long and complicated process and you will get frustrated along the way.  Just giving you a heads up.

If you were diagnosed as CFS while in service I would file for that.  You need an in service event, a chronic condition, and a nexus between the two.  Now if the VA does their job they should send you to a C&P to provide the nexus.  File your claim through VA.gov.  Select file a claim for compensation  and go from there.  I would file the STR pages that show you were diagnosed in service.  If you have civilian records that support the claim I would submit these also.  This is a long and complicated process and you will get frustrated along the way.  Just giving you a heads up.