Hucast21

What version (date at bottom) of 526ez did you file. A lot of vsos use old forms, as do websites. If it’s not the right version of the form, legally, it’s not a valid claim. Did they actually deny you, or did they send you a new application and say to reapply- and where are you getting the info? Ebenefits is not official notification of anything. Half of it doesn’t even work right now as they transition everything over to va.gov 

Welcome To Hadit 71monty
As GB Army mention ,
What was their reason they denied you? ''What We Decided''???
Did you submit by electronic mail  via  e benefits   or snail mail?
I am thinking it must have been through the electronically e benefits?
being denied the first day they get the claim is pretty fast for a decision but its possible.
Send us redacted copy that part   black out your name and any personal information  like claim # address  ect,,,ect,,
And what were you claiming?
 
Hang in there  we will help you figure it all out.

No that is not normal imo. I would wait for the decision letter and then you take it from there if you want to appeal or not.

No that is not normal imo. I would wait for the decision letter and then you take it from there if you want to appeal or not.

71monty Did you receive your decision letter yet? You need redact your personal info such as name, ssn, etc. and post it to this original post. There are any number of reasons, but the three basic elements of a claim are: 1) have a current diagnosis of a disability from a  doc., 2) have an event or reference in your record that is the basis of your claim such as a fall and documentation of treatment for a bad back, and 3) a nexus or connection that links those two together.  from a doctor. What type of discharge is on your dd214? Dishonorable would result is denial of the claim (But not treatment.) If you had prior treatment at the VA and admitted that your MH initiated either before you entered the service, or some other event happened that caused it, that would be a good example of the VA denying as not being service connected. Just speculation until we can see what the reason is in the decision letter. Did you have a VSO submit for you or did you do it by yourself? If you used a VSO they can see in the VBMS system what the letter said. If not, the decision letter should be in the mail in 7-10 days. We need a lot more info.

Not filing within a year (for presumptives) is NOT a valid reason to deny. Your lawyer hopefully pointed that out in your appeal.

Hucast21 It sounds to me like your lawyer is of the opinion your case evidence is strong enough that you don't need a face-to-face hearing. You should be asking him if that is the case and see what else you could add that would be stronger if met in person. If he is correct, then yes, it could proceed much quicker for you. Just be sure you are on the same page with the lawyer.

I don't know for certain, but to the best of my memory I had a doctor state my depression was coming from my chronic pain. That is how I got it for secondary service connection. I know what you  mean about not wishing chronic pain on anyone, though I think there maybe a couple of people that I don't care for that I could wish it on. 

I would submit it with what you have. Mine was granted the same way. Secondary to knee. They sent me to a C&P and apparently the doc opined in my favor and was granted. Took about 3 months from start to finish. Im waiting for my CFile to arrive in mail to finally see what was actually said, a year ago now lol.

Since this is in your records, I would go forward with a claims package that includes a detailed personal statement, buddy letters, and I would include some medical journals off https://pubmed.ncbi.nlm.nih.gov/ that related to your case. 

I will be the deal breaker. 
That information is priceless; however doesn't a diagnosis have to be within a 6-12 month window?
However, I do think the information is perfect information in helping formulate a nexus statement.
You are definitely in the ball park.........

Well, if you do get denied again, I would seek representation from a well-known law firm. Depending on how strong your claim is, you might get a law firm that would upfront the cost of an IMO, which you would pay back from your retro.
More often than not, claims are won at the BVA level in my opinion. At least at the BVA, a veterans law judge (VLJ) will look at all of your evidence in your C-file.

Are you sure they were still using AO in the early 1980's? 
Is that like saying a unicorn? Because I have never seen one and I don't think I have ever heard of one.

As I am reading through my decision I noticed on page 3 of 8 it says - 
Prior employment or unemployment status is immaterial if your disabilities render you unemployable (specified under 38 CFR 3.340, 3.341, 3.343 and 4.16). 
We have denied individual unemployability for your lumbar spine, cervical spine, bilateral upper extremities, and adjustment disorder because the evidence does not show that you are unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities. Additionally, the evidence of record does not show that you terminated your employment due to your service connected disabilities.   
They say unemployment status is immaterial but keep saying you didn't terminate employment due to SCD's. Makes no sense to me. They say the evidence does not show I am unable to secure or follow a substantially gainful occupation as a result of my SCD's. Does this mean that a SSA decision that I have a severe mental condition and can't work so I receive SSDI is valid evidence? Does this mean my VR&E report that says SCD's prevent employment and are permanent is not valid evidence?

Yea, it’s a common tactic I’ve read far too many times in regards to VA claims.
I am convinced that veterans who received favorable decisions on their claims without going to appeal, are more lucky than anything. 

This seems to be a common tactic by the VA, which is why I immediately sought legal representation when my initial claim was denied.
If a veteran goes at it alone, even with an IMO with nexus, submitting the IMO too early just gives the VA more time to come back with a second opinion. The way my attorney explained it to me was like this:
1. Have a board-certified specialist look at your claims file and render an IMO with nexus.
2. Sit on the IMO and submit until the very last, so the VA doesn’t have time to come back and ask for a second opinion.
3. More than likely, the rater or DRO will uphold the previous denial because the VA wasn’t given enough time to refute the strong probative evidence (IMO with nexus) in favor of the veteran.
4. Appeal to the BVA, and at the hearing, point out the ridiculous decision of how the rater/DRO gave more weight from a NP than a board-certified specialist.
VA disability attorneys/lawyers learned their lesson many years ago when they submitted favorable evidence for their clients too early, only for the VA to turn around and ask for a second opinion.

Hello, I have been persuing a VA claim for over a year now in regards to Acid Reflex/GERD. I was medically retired from the Marine Corps for Asthma (30%). When I filled this claim, I was trying to Service connect Acid reflex/GERD to ASthma medications. I had a my private NP-C write a letter and added some information that shows connection between my meds and Acid Reflex. I then saw a VA P.A. for an examination. She wrote against me and the VA followed up with a second opinion from a DR at the VA. When I received this decision, I filed a supplemental claim. I had my private NP-C write a stronger letter with more substance to back up my claim. I also had my Asthma specialist DR write a quick note stating my inhaler "may" cause Acid reflex symptoms (I tried to get a substantial letter but he refused). I also typed a letter stating that I do not know (this is why I did a supplemental) if the asthma meds were the only thing causing my acid reflex/GERD. I stated that I also use Lorazepam for PTSD (service connected), I take Acid reflex medication prescribed from the VA, and I have been taking NSAIDS long term for service connected Cervical neck strain/Migraines. I also stated these symptoms manifested during my Sea service deployment to the gulf of Aden. At that time, I was prescribed Advair for asthma and still deployed. I basically connlcuded with, I believe it may be a combination of these medications that have contributed to AcidReflex/GERD.
So, for the second part. I was ordered to see (I spoke on the phone due to COVID-19) with a DR. from Veteran Examination Services. The DR. asked me some straight forward questions then after 5-10 minutes said "I think I heard enough, I have reviewed your letter and I have all the info I need" (he seemed very nice and attentive). Two weeks later, I call the VA and they say that they received the examination notes but my claim was sent back to gathering info because they are going to ask another DR due make an opinion. This happened last time, so I am a bit worried they are trying to find a way of denying me again...Anyone have experience with something like this? Thank you!

I am going through this right now, I had a mental health phone C&P with a VHA examiner which I thought went really well, now they sent me letter telling me another doctor from the QTC medical service is going review my evidence and  fill out the VA disability questionnaire. The only way I can see them doing this is to develop to deny. They sent me the QTC examiners credentials and they don't even come close to my private psych doctors experience which my doctor fill out a DBQ also. I hope they are only doing this for rating purposes only and not being sneaky. I will let you know how it turns out.

You can still file an appeal and then submit new evidence during or after your BVA hearing, which will be the IMO from Dr. Ellis.

Unfortunately, there are many times when veterans have to appeal to BVA or higher to get his/her claims granted.

I won one very similar on an appeal due to a combination of pain, and side effects of some meds. The double whammy of lethargy and that they only leveled out pain they didnt make it magically go away, plus I had been keeping track of my eating for several months helped. That and that once you get above a certain BMI your hormnoes make it almost impossible to lose weight effectively. being told you have a 10 lb lifting restriction and to limit movement due to a 40% percent back rating and 20@ peripheral neuropathy from the same helps, too. 

Raters are special to say the least. Every time I read a veteran got a fair rating on their claim, I wonder why I, and many other vets like yourself, couldn’t be so lucky.
I’ll share my current claim process: filed a claim in 2018 for migraines, depression, and knee pain. My SMRs show numerous sick calls every time I had a migraine, even stating my only relief was to lay down in a dark, quiet room.
My separation physical examination states a diagnosis of severe migraines by my PCP. VA treatment records show continuing treatment for migraines.
The initial claim was denied because of an unfavorable C&P exam where the contracted NP said “veteran health records has been silent about migraines.” Filed a NOD and submitted an IMO with nexus and was denied again because the rater said my IMO was “telehealth.”
There is no excuse for the amount of bullshit veterans have to jump through so many hoops just to get service-connected, but it happens way too often.

Just when I thought I heard it all I get my final denial letter and It is so stupid I find it funny.  It is just further proof that raters will look for anything to deny a veteran.   In this instance I attempted to tie my obesity to my service connected disabilities which led to other issues.  Here are my ratings (for now)
10% left knee (increase denied will appeal)
10% right knee (increase denied will appeal)
10% Bilateral Pes Planus (will appeal I should be at a minimum 50% they did not adjudicate my Plantar Fasciitis either)
30% Asthma
My contention is that as my disabilities got worse my activity lessened.   I can't even walk without pain let alone exercise and that led to my beginning to gain weight.
So the rater that took my claim made the following statements.
"The examiner further stated that your service connected condition does not preclude all forms of exercise.  For example paraplegics exercise and maintain appropriate  Body Mass Index (BMI)
"Obesity is most commonly caused by a combination of excessive food intake, lack of physical activity, which is a choice"
First of all comparing my situation to a paraplegic is irresponsible and to be honest just flat stupid.   A paraplegic gets no muscle stimulation in their legs and sadly they lose muscle mass and their legs are nothing but skin and bones.  Their exercise is limited to upper body exercise and it is easy to maintain that the active muscles in your body are minimal. 
The fact that the examiner and rater state that my excessive food intake and lack of physical activity is a choice I made shows they ignored my statements.  In my personal statement, a statement from my spouse and ex-spouse we all stated the pain I am in when I try to exercise and we also all stated the numerous diets that we tried and was unsuccessful in my losing weight.   Then you have to take into account I have asthma and I have to take medication daily to control it.  My asthma is service connected as well.  I have a lot of shortness of breath when I exercise.
What a complete joke.

You can still file an appeal and then submit new evidence during or after your BVA hearing, which will be the IMO from Dr. Ellis.

I know you must be in pain, so I decided to reply as soon as I can. If I was in your position, I would look for legal representation.
See what various law firms have to say about your claim, and then make a decision. 
 
Known law firms:
Hill & Ponton
https://www.hillandponton.com/
 
CCK Law
https://cck-law.com/
 
Woods & Woods
https://www.woodslawyers.com/
 
Good luck.