Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Proving In Service Connection

Rate this question


hayley3

Question

They say in the denial that I failed to relate the arthritis condition to the service connected condition.

How can I show them that it is connected? What concrete evidence are they looking for? It almost seems like they didn't read anything I said.

This is what I typed up:

Timeline of disease history:

Cervicitis (treated in service) Symptom of reactive arthritis

Hemorrhagic Cystitis (treated in service) Symptom of reactive arthritis

Salpingitis infection (PID) resulting from the cervicitis/cystitis: Symptom of reactive arthritis (treated in service and service connected)

Acute knee pain (treated in service) Symptom of reactive arthritis

Back pain (sacroiliac arthritis) Result of reactive arthritis or inflammatory bowel disease.

I don't have the symptoms of inflammatory bowel disease (IBD) nor did I have an intestinal infection prior to the arthritis which is what causes IBD.

But like I said, my Dr was a jerk. The resident said it was reactive arthritis but the Attending? said it could be either Reactive or (IBD). I had a colonoscopy which should have ruled out the inflammatory bowel disease(IBD) because they found nothing but a polyp.

Anyway, I just thought I'd pass this by someone who may have some ideas. I think they didn't do their job.

Link to comment
Share on other sites

  • Answers 23
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

Thank you Berta! I used to say those same things, because they are true. But,

I lost the ability to fight like I used to. I always said that, you will win if you are right and persevere, but it is so hard. Keeping up with day to day is hard enough.

I have had to fight so many doctors to try and understand how sick I was, and no one would listen because the lab tests never showed anything and the whole time my back was disintegrating. And VA doctors are the worst. This last rheumatologist I saw, mentioned that he didn't like people getting diseases service connected and said something about veterans being there just for the money. And so I think he didn't give me a diagnosis for that reason.

Thanks for the uplifting talk. It really helps!

Susie

"It almost seems like they didn't read anything I said."

Veteran I just went through 5 years of VA BS- all of the claims filed and all the stuff that went with them and all of the SOCs and denial letters (a copy of my C file)

I found right in the c file something the VA said they didnt have- yeah right-

I just said the very same thing to myself!

The VA in initial letters for each claim NEVER gave me the right decision and never read the evidence until I got tough.This involved DIC as well as Chapter 35 and other

stuff.

I won all of those claims ----still I have years and years of VA BS here- and some of the denials were extraordinary.and very creative.

and all were blatantly wrong.

I even filed for an Administrative Review in VA Central in DC at one point.

The VA lawyer called me up within days- he said they never get these requests -he only saw one before mine and it was from a VA employee-and he wondered why I filed it-

and I said because VACO has lawyers and lawyers know how to read.

I could not find anyone at the Buffalo RO who seemed to have that ability.

Well long story-I won that one too-

but I noticed that-in many submissions of my evidence on these older claims- someone at VA had highlighted part of the statement but failed to address the medical evidence it reffered to at all.

I knew the c file had what VA said recently wasnt there but I took the time to check it anyhow- and I hope this encourages someone-

denial after denial, fight after fight, considerable overwhelming evidence----

and years later the war of the words was over.

The evidence that they listed in the initial denials never changed-it was all in the veteran's medical records-

but it took them years to read it.

That is why Persistence as well as evidence is the name of the VA game.

Link to comment
Share on other sites

How do you go about getting a different doctor? Unfortunately my primary care doctor is a friend of the rheumy's. How can you get a copy of your medical records from you military time?

hayley3,

A doctor who specializes in your particular medical problem needs to examine you AND your inservice medical records so the doctor can establish, on paper, the most probable CAUSE of your medical condition and WHEN it was first treated and HOW the inservice medical condition is directly related to your present medical condition.

The inservice medical condition has to be connected to your present medical condition through the opinion of a true expert within that particular medical specialty.

The opinion should be as short as possible so the person reading it at the VA doesn't get bored.

It needs to spell out in plain language why the medical condition is directly connected to your service.

The doctor has to list his qualifications.

If you can supply supportive statements to back up your service connection contentions, from friends and/or relatives, be sure to have their signatures notorized and dated.

Then be prepared for a stupid denial that does not reflect the actual facts as they existed at the time that you submitted them to the VA.

sledge

Link to comment
Share on other sites

If you check out the recently posted topic --titled -- Questions, you will find quite a few answers to your current and upcoming questions.

Hope this helps a vet.

carlie

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites

  • HadIt.com Elder

"How can you get a copy of your medical records from you military time?"

Write a letter to your local VA Regional Office, requesting copies of ALL your Service Medical Records, to include all doctor's and nurse's notes.

Then wait a little while and this big package will show up. Or, you could tell them to hang on to it and you'll be by to pick it up, for them to call you when they have it.

And, as far as your VA quacker making statements, or even acting like, you're there to bilk/milk the VA, then him doing so is strictly against VA Policy and Procedure and you should see your Patient Advocate and have a little visit with them concerning this quack's attitude, and request at that visit that they provide an unbiased primary care physician and an unbiased specialist. Put the above in writing. Turn it over to the Patient Advocate. Request an acknowledgement that you did, in fact, give the Patient Advocate such a document.

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

Link to comment
Share on other sites

  • HadIt.com Elder

I got my Service Military Records from St Louis. After filing my claim the second thing I did was ask for them.

When you are having problems with the VARO the only way to cure in my opinion is to get an MD Medical Opinion that establishes a diagnosis and links it to service.

Good Luck

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

  • HadIt.com Elder

A good medical opinion can turn your claim around 180 degrees. It is worth every penny you pay for one if it does what it is supposed to do which is get you SC or an increase. My IMO's got me TDIU and then got me P&T and it cost me 500$.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
    • KMac1181 went up a rank
      Rookie
    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use