jaimef361

I recently recieved my denial letter for compensation. I have "new and relevant evidence" to support my claim. I am ready to submit the new VA form 20-0995. My question(s) is/are, do i need to fill out a statement in support of claim as well, or some form of sworn statement? I would like to explain my "new and relevant" information to the person(s) that is reviewing my claim. Just seems not well prepared if I am submitting the supplemental form and documents with highlighted areas without an explaination. Thank you

Thank you Mrpdbo and GBArmy for clearing that up for me. I will take a dive in my file and begin establishing the links for these disabilities. Thank you for the PDF file link. I do see my MOS listed as highly probable. To add on to that I was airborne (parachutest) that required us to be in and around AirForce airplanes and jets. Also, while on deployment we shared the same airfield with other departments of the military and their aircraft. Thank you all again for making this letter easier to understand.

I recently submitted for three claims. tinnitus, migranes, and left shoulder condition. I was denied compensation for all three of these conditions. In my denial letter from the VA each "favorable" finding shows that I was diagnosed through VA examination with each condition yet I was not compensated. I have three options to appeal, according to VA.gov. The options are submit a supplemental, ask for a senior reviewer, or appeal to a Veterans Law judge. My question(s) are what is the best appeal option for my situation, and what documents should I add to the appeal? Thank you all in advance. REASONS FOR DECISION 1. Service connection for bilateral tinnitus. The claim for service connection for bilateral tinnitus is considered reopened. (38 CFR 3.156) However, the evidence continues to show this condition was not incurred in or aggravated by military service. (38 CFR 3.303, 38 CFR 3.304, 38 CFR 3.306) Service connection may be granted for any disease or injury that is considered to have resulted in a period of war or service. To establish direct service connection for a claimed disorder, objective evidence must show a diagnosis of a current disability that is related to a disease or injury incurred in or aggravated during "active " service; or that manifested itself to a compensable degree within one year from the date of discharge (specified under 38 C.F.R. § 3.303). We have denied your claim for service connection for tinnitus on a direct basis because your service treatment records do not contain complaints, treatment, or diagnosis for this condition. We then requested an examination and medical opinion. VA examination diagnosed the condition of tinnitus however the medical examiner stated your tinnitus was less likely than not related to your military service as the diagnosis of tinnitus is based on subjective factors only as there are no objective methods at this time to confirm the presence or absence of tinnitus. In addition, the examiner stated your hearing was normal and thus there are no objective factors seen on examination for which the etiology of tinnitus can be attributed. To satisfy the requirements for service connection for a disability based on presumption, you must submit the following: (1) medical evidence demonstrating the existence of a current disability, and (2) medical evidence establishing that the disability manifested to a compensable degree within one year of your discharge from active service. (specified under 38 C.F.R. § 3.309) Longer time limits may apply for certain medical conditions. We have denied your claim for service connection for tinnitus on a presumptive basis because we received no evidence that your tinnitus manifested to a compensable degree within one year of your discharge from active service. The evidence does not show an event, disease or injury in service. (38 CFR 3.303, 38 CFR 3.304) Your service treatment records do not contain complaints, treatment, or diagnosis for this condition. The evidence does not show that your disease developed to a compensable degree within the specified time period after release from service to qualify for the presumption of service connection. (38 CFR 3.307, 38 CFR 3.309) The VA medical opinion found no link between your diagnosed medical condition and military service. Favorable Findings identified in this decision: VA examination dated August 11, 2014 provides a diagnosis of tinnitus Certificate of Release or Discharge from Active Duty for the period of 08-18-2000 to 12-20- 2003 reports your MOS of Aircraft Electrician, also noted is Aircraft Crewman Badge and Parachutist Badge and service in Operation Enduring Iraqi Freedom (Qatar and Afghanistan) from 08-10-2002 to 04-21-2003. Laws and regulations applicable to this issue: 38 C.F.R. §3.310 Disabilities that are proximately due to, or aggravated by, service-connected disease or injury. .38 C.F.R. §3.322 Rating of disabilities aggravated by service. 38 C.F.R. §3.304 Direct service connection; wartime and peacetime. 38 U.S.C. § 3.2501 Supplemental Claims. 38 C.F.R. § 3.156 New and material evidence. 38 C.F.R. §3.155 How to file a claim. 38 C38 C.F.R. §3.151 Claims for disability benefits. 38 C.F.R. §3.150 Forms to be furnished. 38 C.F.R. §3.1 Definitions. 38 C.F.R. §3.400 General. 38 C.F.R. §3.303 Principles relating to service connection. 38 C.F.R. §3.306 Aggravation of preservice disability. 38 C.F.R. §3.159 Department of Veterans Affairs assistance in developing claims. 38 C.F.R. §3.307 Presumptive service connection for chronic, tropical, or prisoner-of-war related disease, disease associated with exposure to certain herbicide agents, or disease associated with exposure to contaminants in the water supply at Camp Lejeune; wartime and service on or after January 1, 1947. 38 C.F.R. "§3, 309 Disease subject to presumptive service connection 38 C.F.R. §3.321 General rating considerations. 38 C.F.R. §3.2600 Review of benefit claims decisions. 38 C.F.R. §4.1 Essentials of evaluative rating. 38 C.F.R. §4.2 Interpretation of examination reports. 38 C.F.R. §4.3 Resolution of reasonable doubt. 38 C.F.R. §4.6 Evaluation of evidence. 38 C.F.R. §3.401 Veterans. 38 C.F.R. 3.2500 Review of decisions. 2. Service connection for left shoulder condition (claimed as bilateral shoulder condition). The claim for service connection for left shoulder condition (claimed as bilateral shoulder condition) is considered reopened. (38 CFR 3.156) However, the evidence continues to show this condition was not incurred in or aggravated by military service. (38 CFR 3.303, 38 CFR 3.304, 38 CFR 3.306) Service connection may be granted for any disease or injury that is considered to have resulted in a period of war or service. To establish direct service connection for a claimed disorder, objective evidence must show a diagnosis ofa current disability that is related to a disease or injury incurred in or aggravated during "active " service; or that manifested itself to a compensable degree within one year from the date of discharge (specified under 38 C.F.R. § 3.303). We have denied your claim for service connection on a direct basis for left shoulder condition because your service treatment records do not contain complaints, treatment, or diagnosis for this condition. To satisfy the requirements for service connection for a disability based on presumption, you must submit the following: (1) medical evidence demonstrating the existence of a current disability, and (2) medical evidence establishing that the disability manifested to a compensable degree within one year of your discharge from active service. (specified under 38 C.F.R. § 3.309) Longer time limits may apply for certain medical conditions. We have denied your claim for service connection for left shoulder condition on a presumptive basis because the medical evidence failed to show this condition manifested to a compensable degree within one year of your discharge from active service. . Additionally we requested a medical examination with medical opinion. The examiner diagnosed left shoulder strain with full thickness tear of suoraspinatus tendon, mild subacromial-subdeltoid bursitis however the VA medical opinion found no link between your diagnosed médical condition and military service. The evidence does not show an event, disease or injury in service. (38 CFR 3.303, 38 CFR 3.304) Your service treatment records do not contain complaints, treatment, or diagnosis for this condition. The evidence does not show that your disease developed to a compensable degree within the specified time period after release from service to qualify for the presumption of service connection. (38 CFR 3.307, 38 CFR 3.309) The VA medical opinion found no link between your diagnosed medical condition and military service. Favorable Findings identified in this decision: VA Contract Examination dated 02-05-2019 diagnosed left shoulder strain with full thickness tear of suoraspinatus tendon, mild subacromial-subdeltoid bursitis TEXAS VALLEY COASTAL BEND HCS dated 03-31-2019, 04-17-2019, 05-07-2019, 07-16- 2019 reports left shoulder pain. Laws and regulations applicable to this issue: 38 C.F.R. §3.310 Disabilities that are proximately due to, or aggravated by, service-connected disease or injury. .38 C.F.R. §3.322 Rating of disabilities aggravated by service. 38 C.F.R. §3.304 Direct service connection; wartime and peacetime. 38 U.S.C. § 3.2501 Supplemental Claims. 38 C.F.R. § 3.156 New and material evidence. 38 C.F.R. §3.155 How to file a claim. 38 C38 C.F.R. §3.151 Claims for disability benefits. 38 C.F.R. §3.150 Forms to be furnished. 38 C.F.R. §3.1 Definitions. 38 C.F.R. §3.400 General. 38 C.F.R. §3.303 Principles relating to service connection. 38 C.F.R. §3.306 Aggravation of preservice disability. 38 C.F.R. §3.159 Department of Veterans Affairs assistance in developing claims. 38 C.F.R. §3.307 Presumptive service connection for chronic, tropical, or prisoner-of-war related disease, disease associated with exposure to certain herbicide agents, or disease associated with exposure to contaminants in the water supply at Camp Lejeune; wartime and service on or after January 1, 1947, 38 C.F.R. §3.309 Disease subject to presumptive service connection 38 C.F.R. §3.321 General rating considerations. 38 C.F.R. §3.2600 Review of benefit claims decisions. 38 CF.R. §4.1 Essentials of evaluative rating. 38 C.F.R. §4.2 Interpretation of examination reports. 38 C.F.R. §4.3 Resolution of reasonable doubt. 38 C.F.R. §4.6 Evaluation of evidence. 38 C.F.R. §3.401 Veterans. 38 C.F.R. 3.2500 Review of decisions. 3. Service connection for migraine. The claim for service connection for migraine is considered reopened. (38 CFR 3.156) However, the evidence continues to show this condition was not incurred in or aggravated by military service. (38 CFR 3.303, 38 CFR 3.304, 38 CFR 3.306) 7 Service connection may be granted for any disease or injury that is considered to have resulted in a period of war or service. To establish direct service connection for a claimed disorder, objective evidence must show a diagnosis of a current disability that is related to a disease or injury incurred in or aggravated during “active " service; or that manifested itself to a compensable degree within one year from the date of discharge (specified under 38 C.F.R. §3.303). We have denied your claim for direct service connection for migraine headaches because your service treatment records do not contain complaints, treatment, or diagnosis for this condition. To satisfy the requirements for service connection for a disability based on presumption, you must submit the following: (1) medical evidence demonstrating the existence of a current disability, and (2) medical evidence establishing that the disability manifested to a compensable degree within one year of your discharge from active service. (specified under 38 C.F.R. § 3.309) Longer time limits may apply for certain medical conditions. We have denied your claim for service connection for migraine headaches on a presumptive basis because the medical evidence failed to show this disability manifested to a compensable degree within one year of your discharge from active service. We scheduled you for a examination, Gulf War General Medical Examination dated August 11, 2014. This examination reported Headaches (including Migraine Headaches) however the examiner stated your disability pattern is a disease(s) with a clear and specific etiology and diagnosis. It is less likely than not that the disability pattern is related to a specific exposure event experienced by the Veteran during service in SW Asia. Each claimed condition either has no diagnosis or a physiological process that can explain it. Service connection under this provision is precluded if there is affirmative evidence that the disability was unrelated to service in the Gulf War. Service connection for migraine is denied because evidence established that this disability resulted from an etiology other than Gulf War environmental hazards. The VA medical opinion found no link between your diagnosed medical condition and military service. The evidence does not show an event, disease or injury in service. (38 CFR 3.303, 38 CFR 3.304) Your service treatment records do not contain complaints, treatment, or diagnosis for this condition. The evidence does not show that your disease developed to a compensable degree within the specified time period after release from service to qualify for the presumption of service connection. (38 CFR 3.307, 38 CFR 3.309) The evidence does not show that your condition resulted from, or was aggravated by, a service-connected disability. (38 CFR 3.303, 38 om CFR 3.304) The VA medical opinion found no link between your diagnosed medical condition and military service. Favorable Findings identified in this decision: VA examination dated 08-11-2014 diagnosed headaches. VAMC treatment records dated 05-03-2017 note a report of headaches. Gulf War General Medical Examination dated 08-11-2014 notes Headaches (including Migraine Headaches) Laws and regulations applicable to this issue: 38 C.F.R. §3.310 Disabilities that are proximately due to, or aggravated by, service-connected disease or injury. 38 C.F.R. §3.322 Rating of disabilities aggravated by service. 38 C.F.R. §3.304 Direct service connection; wartime and peacetime. 38 U.S.C. § 3.2501 Supplemental Claims. 38 C.F.R. § 3.156 New and material evidence. 38 C.F.R. §3.155 How to file a claim. 38 C38 C.F.R. §3.151 Claims for disability benefits. 38 C.F.R. §3.150 Forms to be furnished. 38 C.F.R. §3.1 Definitions. 38 C.F.R. §3.400 General. 38 C.F.R. §3.303 Principles relating to service connection. 38 C.F.R. §3.306 Aggravation of preservice disability. 38 C.F.R. §3.159 Department of Veterans Affairs assistance in developing claims. 38 C.F.R. §3.307 Presumptive service connection for chronic, tropical, or prisoner-of-war related disease, disease associated with exposure to certain herbicide agents, or disease associated with exposure to contaminants in the water supply at Camp Lejeune; wartime and service on or after January 1, 1947. 38 C.F.R. §3.309 Disease subject to presumptive service connection 38 C.F.R. §3.321 General rating considerations. 38 C.F.R. §3.2600 Review of benefit claims decisions. 38 C.F.R. §4.1 Essentials of evaluative rating. 38 C.F.R. §4.2 Interpretation of examination reports. 38 C.F.R. §4.3 Resolution of reasonable doubt. 38 C.F.R. §4.6 Evaluation of evidence. 38 C.F.R. §3.401 Veterans. 38 C.F.R. 3.2500 Review of decisions. REFERENCES: Title 38 of the Code of Federal Regulations, Pensions, Bonuses and Veterans’ Relief contains the regulations of the Department of Veterans Affairs which govern entitlement to all veteran benefits. For additional information regarding applicable laws and regulations, please consult your local library, or visit us at our website, www.va.gov.