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Spaz71

Seaman
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  1. Like
    Spaz71 reacted to broncovet in C&P Exam Delivery Options   
    I can/do check my appointments 2 ways:
    1.  Go to the VAMC and go to the Green desk and ask them to print my appointments.  (or other places at va).  
    2.  Go to my health e vet.  (You have to have a "premium" account, which has to be verified by VA).  The libriarian at my VAMC is where you get an in person authentication but that may have changed.  
  2. Like
    Spaz71 reacted to broncovet in Has this happened before, VA denies claim with a service connected C&P   
    Ok, well your "QTC C and P examiner (does not) direct service connect your 3 disabilities".  
    Instead, the VARO rating specialist, in a decision letter renders a decision whether or not your conditions are service connected. 
    That difference my seem insignificant, but its important. 
    As always, to get SC, you need the 3 caluza elements, "2 of which" can be provided by doctors. 
    1.  Current diagnosis of claimed condition. (diagnosis, made by a doctor).  
    2.   In service event.  This is to be found in your medical records, as a doctor can not "make" an in service event..its either there in your records or not.  If it is missing, however, there may be things you can do, such as ask a military buddy who served with you to write a buddy letter when/if he was a witness to your in service event.  
    3.  Nexus, or doctors opinion that your current diagnosis is at least as likely as not due to one or more events in service.  
         If you have these listed above, you should be awarded service connection.  
    The VA has a right to dispute one or more doctors (favorable) opinions.  That is, the VA can suggest "doctor A"'s exam was more thorough or more probative, such as if Dr. A took medical tests or did a more thorough exam.  (than your doctor's favorable medical exam).  But the VA has to give a reason as to why they selected one doc medical opinion over another, and, you can appeal that.  
         My advice:  Get a copy of your medical records, especially anything to do with the Caluza's (above).  
    File an appeal.  Remember, HLR's are for "NO" new evidence only, so use those with caution if you have, or may have new evidence, such as your doctors exam that may not have been included in the evidence section of the decision.  
         You can ask for help here on hadit on how to word your appeal. 
  3. Like
    Spaz71 reacted to broncovet in Awaiting First Claim Response   
    Welcome to hadit.  Maybe your accredited person can afford to wait..he may not need the money.  But this simple rule is rarely violated:  The sooner you file, the sooner you are likely to get paid.  Translation:  waiting will cost you retro.  
    You should file all your claims as soon as possible.  
    Even if your original claim "puts you at 100 percent", this is not the maximum.   You can get SMC above and beyond 100 percent.  One example of this is if you do get your 100 percent but also get an additional 60 percent combined separate and distinct, then you qualify for SMC S, which is about another $450 per month.  
    Never burn bridges down, insisting your claim is "secondary" or primary or any other type of sc.  Instead, just apply for your other conditions "both direct" and secondary to other service connected conditions.   Dont limit your own claim to one type, your rater may well have a different view . 
  4. Like
    Spaz71 reacted to broncovet in Awaiting First Claim Response   
    Your effective date (which determines the retro amount) is always the later of the "facts found" and the claim date, with some exceptions and special circumstances.  
    While it is possible that it could delay your claim (it may be already done, and you have not yet been notified yet), after all the smoke clears you would still net more retro the earlier you file, if benefits are awarded, because the "date of claim" is a limiting factor on your retro.  
    Its silly and short sighted to think "oh, I will wait until after (_________ fill in the blank..such as "after my claim is done", after my 5,10,20 years is up, after Santa Claus arrives, etc, etc) to file claims because, regardless of how long it takes VA to process your claim, you could easily be throwing away retro by waiting, AND, there is no guarantee waiting will result in claim 1 being finished sooner.  
    The sooner you file, the earlier your effective date.  With a few exceptions, your claim cant be earlier than the date you file.  ONE notable exception:  If you file within a year of your exit from service, your claim can be backdated to your date of exit from service.  
    "If" its been within a year since your exit from service, then you could get away with waiting but never wait until the one year after exit from service.  If you got out of service over a year ago, then file right away.  
    If you are within a year of your exit from service, its actually in your best interest to file right away.  You see, you had a physical before you entered service, and, if you apply within a year of exit from service, there is a presumption your military service caused your malady.  
    Think about it:  you are given a clean bill of health before service.  After service, you are sick...so what caused you to be sick?   SOMETHING in the military.  Now, VA can rebut that presumption, such as if you had a car accident which caused injury after service..well that car wreck could have caused your injury after service, and that would mean it would not be Service connected.  
  5. Like
    Spaz71 reacted to brokensoldier244th in Awaiting First Claim Response   
    Your two claims, if filed within a year before one of them is finalized, will be combined, so in some cases it can set you back because it’s ready to rate and then another contention comes in and it has to start over on the other claim. You CAN sometimes be partially rated in a pending claim, though, Covid loosened up the regs on that, I’ll have to check and see what the current status of that is. 
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